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THE  LIBRARY 

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THE  UNIVERSITY 

OF  CALIFORNIA 


IN  MEMORY  OF 
CAROLINE  GUSHING  DUNIWAY 

'92 


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THE  ARNISTON   MEMOIRS 

1571-1838 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/arnistonmemoirstOOomonrich 


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THE  ARNISTON  MEMOIRS 

THREE    CENTURIES 

OF   A    SCOTTISH   HOUSE 

1571-1838 

EDITED    FROM   THE   FAMILY    PAPERS 

BY 

GEORGE    W.    T.  i^MOND 

ADVOCATE,   AUTHOR  OF   "  THE  LORD 
ADVOCATES  OF  SCOTLAND" 


EDINBURGH:    DAVID   DOUGLAS 
MDCCCLXXXVII 


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PREFACE. 

Many  years  ago,  in  the  course  of  some  building 
operations,  the  Charter-Room  at  Arniston  was 
dismantled.  Its  contents,  consisting  of  charters, 
rent-rolls,  leases,  accounts,  and  valuable  family 
papers,  were  placed  on  the  floor  of  an  attic  where, 
for  a  long  time,  they  lay  in  confusion,  uncared  for, 
and  in  constant  danger  of  destruction.  About 
twenty  years  ago  Dr.  William  Fraser,  who  was 
then  beginning  those  researches  which  have  thrown 
so  much  fresh  light  on  the  family  history  of  Scot- 
land, was  requested  by  Mr.  Dundas  to  give  his 
help  in  examining  the  Arniston  papers.  Dr. 
Fraser  arranged  the  charters,  making  a  copious 
inventory  of  them,  in  which  everything  of  local 
or  family  interest  was  described.  He  also 
deciphered  the  old  estate,  family,  and  colliery 
accounts  down  to  the  middle  of  the  seventeenth 
century.        The    results    of    Dr.    Frasers    labours 


290 


vi  PREFACE. 

suggested  the  idea  of  a  family  history  to  Mr. 
Dundas,  who  accordingly  proceeded  to  arrange 
the  letters  and  estate  accounts,  and  compile  a 
narrative  from  them  to  be  left  in  the  Charter- 
Room  at  Arniston  in  manuscript  for  the  private 
use  of  the  family. 

There  had  been  no  intention  of  publication ; 
but  friends  who  had  an  opportunity  of  examining 
the  materials  thus  collected  by  Mr.  Dundas  were 
of  opinion  that  they  were  worthy  of  preservation 
in  a  more  permanent  form  ;  and  I  was  requested 
to  undertake  the  task  of  weaving  them  into  a 
continuous  narrative  and  editing  the  volume  of 
family  history  which  is  now  published  under  the 
name  of  the  Arniston  Memoirs. 

As  originally  planned,  the  work  included  a 
memoir  of  Henry  Dundas  (the  celebrated  Viscount 
Melville),  who  was  a  younger  son  of  the  first 
President  Dundas.  But  it  became  apparent,  as 
the  work  proceeded,  that  a  complete  account  of 
his  career,  which,  in  some  of  its  most  interesting 
and  important  aspects,  was  that  of  a  British 
Minister,  could  not  be  given  without  entering 
upon    a   variety   of  subjects   inconsistent  with  the 


umtia6  Ca^  tn  tHu.  XI4//    (e/nlujvu. 


PREFACE.  vii 

scope  of  the  present  volume.  It  has,  therefore, 
been  decided  to  omit  the  correspondence  at  Arnis- 
ton  between  Henry  Dundas  and  his  brother  and 
nephew.  This  correspondence,  which  extends  over 
a  large  part  of  his  public  life,  together  with  the 
voluminous  collection  of  papers  at  Melville  Castle, 
will  form  the  groundwork  of  a  separate  work  on 
the  Life   of  Henrv  Dundas. 


G.  W.  T.  (). 


May  1887. 


CONTENTS. 

INTRODUCTORY   CHAPTER. 

Gospatric,  the  son  of  Maldred, 

The  lands  of  Dundas, 

The  Charter  of  Dundas, 

Helias,  son  of  Huctred, 

His  origm  unknown. 

Early  owners  of  Dundas, 

Carmelite  Monastery  at  Queensferry, 

Inchgarvie,  .... 

George  Dundas,  founder  of  the  Amiston  family, 

The  laird  of  Dundas  persecuted  in  1683,    . 

Sale  of  Dundas,       .... 

Different  branches  of  the  family,    . 

The  Arniston  and  Melville  branches. 

The  Dundases  of  Beechwood, 

General  Sir  David  Dundas, 

The  Duddingston  and  Manor  branches. 

The  Dundases  of  Virginia, 

The  Zetland  family. 


PACK 

xxiii 
xxiv 
xxiv 

XXV 
XXV 
XXV 

xxvi 

xxvii 

xxvii 

xxviii 

xxix 

XXX 
XXX 

xxxi 
xxxii 
xxxiii 
xxxiv 
xxxiv 


CHAPTER    I. 
THE  PURCHASE  OF  ARNISTON. 

Early  history  of  Arniston,   ..... 
Was  part  of  the  Temple  lands  in  Lothian,  and  passed  into 

the  hands  of  the  Hospitallers, 
Purchased  after  the  Reformation   by  George  Dundas  ot 

Dundas,        ...... 

Dame  Katherine  Oliphant,  .... 

Early  description  of  Amiston,  .... 

b 


CONTENTS. 


CHAPTER    II. 
SIR  JAMES  DUNDAS,  GOVERNOR  OF  BERWICK. 

PAGE 

His  birth  and  education,     .....  5 

His  marriages,  ......  5 

Purchases  of  land  by  Sir  James  Dundas,     .  .  .  6 

Amiston  Burial-place  at  Borthwick  Church,  .  .  6 

Agricultural  improvements,  ....  8 

The  Home  Farm  at  Amiston  in  l628,         ...  10 

Servants'  wages,      .  .  .  .  .  .11 

Death  of  Sir  James  Dundas,  .  .  .  .12 

His  will  and  funeral,  .  .  .  .  .12 


CHAPTER    III. 


THE  FIRST  LORD  ARNISTON. 

Sir  James  Dundas,  governor  of  Berwick,  succeeded  by  his 

son  James,   ..... 
Dame  Marie  Home  manages  the  estate,     . 
Farming  Customs,  .... 

Tenancy  in  Common,  .... 

Church  affairs — The  National  Covenant,     . 
The  Covenant  signed  by  Dundas  of  Amiston, 
Marriage  of  James  Dundas  to  Mistress  Marion  Boyd, 
A  case  of  Church  Discipline, 
Political  State  of  Scotland  in  1648, 
Death  of  Dame  Marie  Home, 


14 
14 
15 
15 
16 
16 
17 
18 
21 


CHAPTER    IV. 

THE  FIRST  LORD  ARNISTON— co7^^^w^^^£^. 

State  of  the  Court  of  Session  at  the  Restoration,    . 

Sir  James  Dundas  appointed  a  Judge, 

The  King  decides  that  all  Judges  must  sign  a  Declaration 

renouncing  the  Covenants, 
Correspondence  on  the  subject,       .... 


23 

24 

25 

25 


CONTENTS. 


XI 


Sir  James  Dalrymple's  plan  for  meeting  the  difficulty, 

Dundas  is  pressed  to  conform,  but  refuses, 

Letter  from  Lauderdale,     .... 

Dundas  resigns  his  Judgeship, 

Correspondence  with  Sir  James  Dalrymple, 

Dundas  retires  into  private  life. 

His  three  marriages,  .... 

Marriage  of  his  daughter  to  Lord  Stair's  second  son. 

Death  of  Sir  James  Dundas, 

His  funeral,  ..... 


PAGB 

26 
29 
30 
32 
33 
38 
38 
39 
39 
40 


CHAPTER    V. 


THE  SECOND  LORD  ARNISTON. 


A  blank  in  the  records  of  Arniston, 

41 

Robert  Dundas,  son  of  Sir  James   Dundas,  appointed  a 

Judge,           ..... 

41 

Improvements  at  Arniston, 

42 

The  Old  House  of  Arniston, 

42 

Traquair's  Bridge,  ..... 

43 

Esperston  and  Outerston,   .... 

43 

The  Arniston  Ash,               .... 

46 

Plantations,              ..... 

49 

Agricultural  improvements. 

50 

The  Jacobite  Medal,            ..... 

52 

Proceedings  against  his  eldest  son,  James  Dundas, 

53 

Termination  of  the  prosecution,      .... 

56 

Death  of  Lord  Arniston,     ..... 

51 

CHAPTER    VL 
THE  FIRST  PRESIDENT  DUNDAS. 


Robert  Dundas,  second  son  of  the  second  Lord  Arniston, 

called  to  the  bar,     .....  58 

His  appearance,      ......  58 

His  habits,  ......  59 

Marries  Miss  Watson  of  Muirhouse,  ...  59 


CONTENTS. 


Appointed  Solicitor-General, 

Conduct  of  the  Lord  Advocate, 

The  Representative  Peers, 

Dundas  appointed  Lord  Advocate, 

Family  Letters,       .... 

Quarrel  with  the  Town-Council  of  Edinburgh, 

Elected  for  Midlothian, 

Attendance  of  Scottish  Members  in  Parliament, 

The  Malt-Tax  Riots, 

Dundas  dismissed  from  office. 

Improvements  on  the  estate  of  Amiston,   . 

Landscape  gardening. 


PAGE 

59 
60 
61 
64 
64 
65 
67 
67 
68 

69 

72 
76 


CHAPTER    VIL 


THE  FIRST  PRESIDENT  DUNDAS— co?itimied. 


Trial  of  Carnegie  of  Finhaven, 

The  opposition  to  Walpole, 

The  Independent  Whigs,    . 

Letters  from  Dundas  to  his  son. 

The  Representative  Peers  Election, 

Meetings  of  Opposition  Peers, 

Family  troubles — Small-pox  in  1733 

Death  of  Mrs.  Dundas, 

Dundas  marries  Miss  Gordon  of  Invergord 

Death  of  President  Dalrymple, 

Duncan  Forbes  appointed  President, 

Dundas  accepts  an  ordinary  Judgeship, 

A  visit  to  the  Highlands  in  1739 

The  Goat-Whey  Cure, 

Resignation  of  Walpole, 

Marquis  of  Tweeddale  appointed  Scottish 

Death  of  Duncan  Forbes,   . 

Intrigues  for  the  President's  Chair 

Dundas  is  appointed. 

Private  life  of  President  Dundas, 

Bills  of  Fare  in  1748, 

Death  of  President  Dundas, 

His  merits  as  a  Lawyer, 


Secretary, 


78 

78 

79 

80 

82 

83 

85 

86 

87 

89 

90 

91 

92 

93 

96 

96 

99 

100 

103 

107 

107 

109 

109 


CONTENTS. 


CHAPTER    VIII. 
THE  SECOND  PRESIDENT  DUNDAS. 


Robert  Diindas,  son  of  the  first  President  Diindas. 

Birth  and  Kchication, 

On  the  Continent,  . 

CorresjKMidence  with  his  cousin  Lord  Bargany, 

Death  of  Lord  Bargany, 

Marriage  of  Robert  Dundas  to  Henrietta  Baillie, 

Appointed  Solicitor-General, 

Fears  of  a  Jacobite  Rebellion, 

The  Scottish  Administration, 

Sir  John  Cope, 

French  Officers  in  Scotland, 

Bad  feeling  among  the  Scottish  Officials 

War  against  France, 

Death  of  Lord  Wilmington, 

The  Broad  Bottom  Administration, 

Landing  of  Prince  Charles, 

Beginning  of  the  Rebellion, 

Letters  from  Mr.  Mitchell, 

Battle  of  Prestonpans, 

Family  Lettei-s  during  the  Rebellion, 

Progress  of  the  Rebellion, 

Resignation  of  Lord  Tweeddale, 

And  of  Solicitor-General  Dundas,  . 

Ministerial  Crisis  of  February'  1746, 

Close  of  the  Rebellion, 


lACB 
111 
111 

112 
112 
lia 
114 
115 
117 
118 
llf) 
121 
121 
12.S 
12^^ 
124 
126 
127 
128 
131 
132 
134 
136 
13() 
142 
143 


CHAPTER    IX. 


THE  SECOND  PRESIDENT  DUNDAS— coulinucd. 


State  of  old  Lord  Amiston's  health. 

He  threatens  to  resign  office, 

Dundas  requested  to  stand  for  Lanarkshire, 

But  declines,  .... 

Correspondence  on  the  subject, 

Mr.  Stuart  of  Torrance  elected, 

b2 


144 
144 
145 
145 
146 
148 


xiv                                       CONTENTS. 

PAGE 

State  of  Politics,     .             .             .             .              .             .150 

Dundas  returned  for  Midlothian,   . 

150 

Illness  of  Mrs.  Dundas, 

151 

Her  death. 

152 

State  of  the  Highlands, 

153 

Ofthe  forfeited  estates,     . 

154 

Cluny  Macpherson, 

155 

Hume  and  the  Advocates'  Library, 

157 

The  Tragedy  of  Douglas,   . 

159 

Second  Marriage  of  Mr.  Dundas,    . 

161 

Death  of  Lord  President  Craigie,  . 

162 

Dundas  appointed  President, 

162 

Letters  from  Lord  Hardwicke, 

163 

The  Militia  Acts,    . 

165 

Autobiography  of  President  Dundas, 

166 

CHAPTER    X. 

THE  SECOND  PRESIDENT  DUNDAS— continued. 


Death  of  George  the  Second,         .             .             .             . 

169 

Letters  from  Lord  Hardwicke,       .              .              .              . 

169 

Resignation  of  the  Duke  of  Newcastle, 

171 

His  account  of  the  Crisis,  .              .              . 

172 

The  state  of  parties,            .... 

174 

The  "Scottish  Manager"  Question, 

177 

Death  of  Lord  Milton,        .... 

179 

The  Douglas  Cause,            .... 

180 

Henry  Dundas,       ..... 

181 

Midlothian  Politics  in  1770, 

182 

Henry  Dundas  elected  for  Midlothian, 

184 

Correspondence  between  Henry  Dundas  and  the  President 

185 

The  President's  children,   .... 

186 

Marriage  of  Miss  Baillie,    .... 

187 

And  of  her  sisters,                .... 

187 

Private  Life  and  Improvements  at  Arniston, 

189 

Prices  of  Food,        ..... 

191 

Servants'  Wages,    ..... 

191 

Sport,          ...... 

192 

Farming  Customs,                 .... 

193 

Death  of  President  Dundas,  .         . 

197 

CONTENTS. 

XV 

PACK 

His  Funeral,            ......         198 

His  Character, 

199 

Legal  History  1748  to  1787, 

201 

Heritable  Jurisdictions  Act, 

201 

Abolition  of  Wardholding, 

20s 

Montgomery  Entail  Act,     . 

203 

The  Scottish  Bench, 

204 

Lord  Karnes, 

204 

Francis  Garden, 

204 

Lord  Hailes  and  Lord  Glenlee, 

204 

Lord  Monboddo,     . 

205 

The  Douglas  Cause, 

206 

The  Duntreath  Case, 

210 

CHAPTER    XL 


LORD  CHIEF  BARON  DUNDAS. 


Power  of  the  Arniston  family, 

. 

212 

The  Causes  which  led  to  it, 

212 

State  of  the  Franchise, 

. 

21s 

Henry  Dundas, 

. 

214 

A  Journey  to  England  in  1772, 

. 

215 

Robert  Dundas,  son  of  President 

Dundas,  calle( 

1  to  th< 

Bar, 

. 

215 

Appointed  Solicitor-General, 

216 

His  Practice, 

216 

Midlothian  Election  in  1784, 

. 

217 

Marriage  of  Mr.  Dundas,    . 

, 

220 

Is  appointed  Lord  Advocate, 

. 

221 

Social  Life  in  1787, 

. 

221 

Loch  Ericht.     An  adventure  in  th< 

i  Highlands, 

223 

Midlothian  Election  in  1790, 

. 

225 

Agitation  for  Burgh  Reform, 

. 

226 

The  Edinburgh  Town-Council, 

228 

The  "  Friends  of  the  People," 

. 

229 

The  King's  Birthday  in  1792, 

• 

230 

Riot  in  George  Square, 

. 

231 

Government  Information,  . 

233 

Arrest  of  Thomas  Muir, 

, 

235 

CONTENTS. 


Character  of  Lord  Braxfield, 

Trial  of  Muir^  .  . 

Trial  of  Palmer,      ..... 

The  Lord  Advocate  challenged  by  Mr.  Hamilton  Rowan, 

Arrest  of  Mr.  Rowan,  .... 

Question  in  Parliament  as  to  the  legality  of  the  proceed- 
ings at  the  State  Trials, 

Convention  of  the  Friends  of  the  People,  . 

Arrest  of  Delegates,  .... 

Trials  of  Skirving,  Margarot,  Gerald,  and  Watt,     . 

Contest  for  the  Deanship  of  the  Faculty  of  Advocates, 

Defeat  of  Henry  Erskine  and  election  of  Lord  Advocate 
Dundas,       ..... 

Midlothian  Election  of  1796, 

Election  Dinners  last  century. 


236 
236 

237 
238 
239 

240 
241 
242 

244 
245 

245 
246 
247 


CHAPTER    XIL 


LORD  CHIEF  BARON  DV^DAS— continued. 

Mutiny  at  the  Nore,             .....  249 

Letter  from  Admiral  Duncan,         ....  250 

Is  created  Viscount  Duncan,            ....  252 

His  death,  .......  252 

Mr.  Dundas  appointed  Chief  Baron,             .              .              .  253 

A  sea  voyage  in  1805,          .....  254 

Account  of  a  journey  from  Arniston  to  England,    .              .  257 

The  Princess  of  Wales  and  Lady  Hester  Stanhope,             .  258 

The  impeachment  of  Lord  Melville,             .  259 

His  acquittal,           .              .              .              .              .               .  260 

The  Cannings,          ......  264 

The  Castlereagh-Canning  duel,        ....  265 

Death  of  President  Blair,    .....  267 

Death  of  Lord  Melville,      .....  269 

Retrospect  of  his  career,     .....  269 

The  office  of  Lord  President  offered  to  Chief  Baron  Dundas,  277 

But  refused,              .              .              .              .              .              .  280 

Death  of  Mr.  Perceval,  .  .  .  .281 

Waterloo  in  I8I6,   ......  283 

Tour  on  the  Continent  in  1817,      .              •                            .  284 
Journey  through  Holland,  .              .              .              .              .285 


CONTENTS. 

xvii 

Visit  to  Waterloo,  . 

PAGE 

287 

Review  at  Douchy, 

289 

Winter  in  Italy,  1818, 

291 

Chief  Baron  Dundas  resigns, 

. 

292 

His  death,  . 

. 

. 

292 

Farming  from  1787  to  1819, 

294 

Chief  Baron  Dundas's 

improvements 

at  Arniston,  . 

29() 

The  Church  of  Borthwick, 

. 

299 

Anecdote  of '  Meg  Dodds,' 

299 

CHAPTER    XIII. 
ROBERT  DUNDAS  OF  ARNISTON. 


Son  of  the  Chief  Baron,       .  .  .  .  .301 

His  early  days,         .  .  .  .301 

Field   sports  and  game-preserving    at    the  close   of  last 

century,        ......  302 

The  Midlothian  Coursing  Club,       .                            .              .  304 

Journey  through  Greece  and  Turkey,         .              .              .  307 

The  Convent  at  Argis,         .....  309 

The  Radical  War,    .  .  .  .  .  .311 

Midlothian  politics  in  1820,                             .               .              .  313 
Marriage  of  Robert  Dundas,             .              .              .              .314 

He  is  appointed  Advocate  Depute,                            .              .  314 

The  Letters  of  Malachi  Malagrowther,  .  .  315 
The  Town-Council  of  Edinburgh  and  the  Representation 

of  the  City,                .....  32d 

Politics  of  the  Councillors,               ....  328 

Illness  of  Lord  Liverpool,                .              .              .              .  329 

Formation  of  the  Canning  Administration,              .  329 

Resignation  of  Lord  Melville  and  other  Ministers,  .  330 
Death  of  Mr.   Canning,  and  Formation  of  the  Goderich 

Ministry,      ......  334i 

Formation  of  the  Wellington  Ministry,  .  .  335 
Lord    Melville    appointed    President    of    the    Board    of 

Control,        ......  335 

Correspondence  on  the  subject,      ....  335 

Feeling  against  Sir  George  Clerk  on  account  of  his  having 

taken  office  under  Mr.  Canning,  .  .  .  339 
The  Conservative  party  in  Midlothian  resolve  not  to  oppose 

him,               ......  342 


xvm 


CONTENTS. 


Dissensions  in  the  Cabinet, 

Resignation  of  Mr.  Huskisson,        .  . 

Sir  William  Rae  and  the  office  of  Lord  Chief  Baron, 

The  General  Elections  of  1830  and  1831, 

Return  of  Mr.  R.  A.  Dundas  for  Edinburgh, 

Election  Riot,  ..... 

Passing  of  the    Reform    Bill,    and   preparations   for   the 

General  Election  of  1832,   . 
The  Edinburgh  Election,    .... 
The  Midlothian  Election,   .... 
Victory  of  the  Government,  and  fall  of  the  Scottish  Tory 

Party,  ...... 


PAce 
343 
34>5 
349 
350 
350 
351 

352 
355 
356 

356 


CHAPTER    XIV. 
ROBERT  DUNDAS  OF  ARNISTON— cow^mMerf. 

CONCLUSION    OF   THE    MEMOIRS. 


Mr.  Dundas  retires  to  Arniston, 

Improvements  on  the  Estate, 

Develops  the  working  of  coal. 

Construction  of  Railways,   . 

Scottish  Agriculture  in  1819  to  1839, 

State  of  the  Tory  Party  on  the  passing  of  the  Reform  Bill 

General  Election  of  1835,  .... 

The  Peel  Banquet,  .... 

Death  of  William  IV.,  and  General  Election  of  1837 

Mr.  Dundas's  closing  years.     Attendance  at  the  General 

Assembly,    . 
His  Death, 

Mrs.  Dundas — The  Durhams, 
Mr.  Nisbet-Hamilton, 
Mr.  Pitt  Dundas,    . 
The  second  and  third  Lords  Melville, 
Conclusion  of  the  Memoirs, 


358 
359 
359 
359 
360 
361 
362 
363 
363 

365 
366 
366 
367 
367 
367 
368 


ILLUSTRATIONS. 

FULL  PAGE. 

{Tlie  Etchings  are  by  William  Hole,  A.R.S.A.) 

George  Dundas  of  Dundas,        .....     Frontispiece 

The  Old  Dundas  Charter,           ......  ii 

Dundas  Castle,  from  a  drawing  in  the  Eighteenth  Century,  vi 

Katherine  Oliphant  (w'//e  of  George  Dundas  of  Dundas),      .  2 

Sir  James  Dundas,  Governor  of  Berwick,  ....  8 

First  Lord  Amiston,                             .                   .         .         .  14 

Second  Lord  Arniston, 42 

First  President  Dundas,    .......  58 

Amiston  House — North  Front, 72 

Second  President  Dundas,         .         .         .         .         .         .  l62 

Arniston  House — South  Front, 200 

The  Old  Library  at  Arniston, 220 

First  Lord  Melville, 268 

Right  Hon.  W.  Dundas,  M.P.,  Lord  Clerk  Register, .         .  280 

Chief  Baron  Dundas, 292 

Second  Lord  Melville, 338 

Robert  Adam  Dundas,  afterwards  Nisbet-Hamilton,.         .  352 

Robert  Dundas  of  Arniston,      ......  358 


WOODCUTS,  ETC. 

Tapestry  at  Amiston  (see  page  2),    . 

Stone  Carving,  Dundas  Crest,   . 

Seal  of  George  Dundas  of  Dundas,    . 

Plaster-work,  Hall,  Amiston,    . 

Church  of  Whitefriars,  South  Queensferry, 

Arms  of  Dundas  of  that  Ilk, 

Borthwick  Church — Amiston  Burial-place, 


PAGE 

ii 
vignette  in  title-page 
vii 
viii 


XXX 

xxxvi 
6 


ILLUSTRATIONS. 


Borthwick  Church  :  ground-plan  of  ruins, 

Newbyres  Tower, 

Ancient  Oak-tree,     . 

Outerston  Village  in  1758, 

Plan  of  Arniston,  1 690,      . 

Ash-tree, .... 

Beech  Avenue, 

Larch  Trees,     . 

Plan  of  Arniston — proposed  Improvements,  1 726, 

Plan  of  the  Woods  and  Enclosures  at  Arniston  in  1753, 

Old  Clock  in  the  Hall  at  Arniston, 

China  Plate,      .... 

House  of  second  President  Dundas, 

Oak  Room,  Arniston, 

House  of  Lord  Advocate  Dundas, 

North  Front  of  Arniston,  . 

Receipt  by  Sir  Henry  Raebum, 

Garden  Gate,    . 

Beech  Avenue  Gate, 

Rustic  Bridge, 

Plaster-work,  Hall,  Arniston, 

Arthur's  Seat  from  Arniston, 

Tapestry  (see  page  2), 


PAGE 

7 

19 

43 

44 

45 

46 

48 

74 

75 

77 

110 

114 

196 

211 

232 

248 

293 

297 

298 

300 

357 

369 

370 


SIGNATURES. 

George  Dundas  of  Dundas,  and  his  Wife,  Dame  Katherine 

Oliphant,  .........  4 

Sir  James  Dundas  of  Arniston,  .  .  .  .  .  13 

James  Dundas,  First  Lord  Arniston,  ....  22 

Dame  Margaret  Ross,  wife  of  First   Viscount  Stair,  and 
mother  of  Janet  Dalrymple  (Scott's  Bride  of  Lammer- 
moor),        .........  40 

David  Dunbar  of  Baldoon,         ......  40 


ARNISTON     MEMOIRS 


INTRODUCTORY    CHAPTER 

For  some  years  after  the  coming  of  William  the  Conqueror, 
"  Gospatric,  the  son  of  Maldred"  appears  from  time  to  time 
upon  tlie  troubled  stage  of  English  history.  When  the 
Conqueror  was  Iiolding  court  at  Westminster,  at  Christmas 
1067,  Gospatric  obtained,  by  the  payment  of  a  large  sum  of 
money,  a  gift  of  the  Earldom  of  Northumberland,  an  honour 
to  which  he  was  well  entitled  to  aspire,  for  royal  blood  ran  in 
his  veins,  liis  mother  being  Algitha,  the  granddaughter  of 
King  Ethelred.  But  neither  the  possession  of  a  rich  earldom, 
nor  the  fear  of  William''s  vengeance,  appear  to  have  deterred 
him  from  taking  part  in,  or  at  least  encouraging,  the  san- 
guinary revolts  by  means  of  which  the  men  of  northern 
England  attempted,  for  some  time  after  the  Conquest,  to 
throw  oft*  the  yoke  of  the  Normans ;  and,  at  length,  having 
been,  in  1072,  deprived  of  his  Earldom,  he  was  driven  into 
exile,  and  went  to  Scotland. 

On  a  former  occasion,  when  his  doings  had  compelled  him 
to  take  refuge  at  the  court  of  Malcolm,  he  had  been  accom- 
panied by  Edgar  Atheling  and  his  sister  Margaret,  and  "  all 
the  best  men  of  Northumberland.^''  ^  And  now  Edgar 
Atheling,  with  his  mother  Agatha,  and  his  sisters  Margaret 
and  Christina,  were,  says  Mr.  Freeman,  "once  more  seeking 
a  shelter  at  the  court  of  Malcolm  after  the  final  ruin  of 
their  hopes  in  England.""  Gospatric,  therefore,  found  himself 
among  friends  and  kinsfolk.  Malcolm  and  the  Saxon  Margaret, 
now  his  Queen,  received  him  graciously,  and  bestowed  upon  the 

^  Hmdeh  History  of  Northumberland,  ip.  173. 


xxiv  ARNISTON  MEMOIRS. 

banished  Earl  a  grant  of  Dunbar  and  other  valuable  possessions 
in  Lothian.  "Lothian  and  the  neighbouring  lands,  which, 
like  Fife,  soon  became  as  English  as  Lothian,  became,''  says 
the  historian  of  the  Norman  Conquest,  "  the  historical  Scot- 
land.'"' To  the  north  lay  a  savage  region,  almost  as  unknown, 
and  inhabited  by  a  people  as  untamed,  as  in  the  Roman 
days ;  while  to  the  south  was  the  border  land,  the  debatable 
country,  where  the  King's  authority,  weak  even  in  the  most 
settled  part  of  his  dominions,  was  practically  ignored.  In 
Lotliian,  therefore,  was  to  be  found  whatever  there  was  of 
stability  in  the  institutions  of  the  Scotland  of  those  times. 

It  need  hardly  be  said  that  even  this  favoured  portion  of 
Scotland  was  then  for  the  most  part  little  better  than  an 
uncultivated  waste,  covered  with  thick  forest  land  or  trackless 
heath,  and  abounding  in  game  of  every  description.  The 
chase  was  the  favourite  pastime  of  the  people,  when  their 
energies  were  not  employed  in  war ;  and  thus  it  came  to  pass 
that  the  names  of  places  were  often  taken  from  the  kind  of 
game  which  frequented  them.  In  West  Lothian,  on  the 
southern  shore  of  the  Firth  of  Forth,  were  the  lands  of 
Dundas,  or  The  Hill  of  the  Fallow  Deer. 

These  lands  either  formed  part  of  the  possessions  bestowed 
by  Malcolm  on  Gospatric,  or  were  acquired  by  his  immediate 
descendants ;  for,  in  the  twelfth  century,  "  Waldevus  filius 
Cospatricii "  conveys  them  to  one  Helias,  son  of  Huctred,  by 
the  following  charter,  which  is  one  of  the  oldest  titles  to  land 
in  Scotland : — 

"  Waldeuus  filius  cospatricij  omnibus  probis  hominibus  suis 
et  omnibus  amicis  suis  tam  futuris  quam  presentibus  :  salutem  • 
Sciatis  me  dedisse  et  concessisse  et  hac  carta  mea  confirmasse 
Helie  filio  Huctredi,  Dundas,  pro  seruitio  dimidij  militis,  ilium 
et  heredes  suos  tenendum  de  me  et  heredibus  meis  in  feudo  et 
hereditate,  in  moris,  in  aquis,  in  stagnis,  in  molendinis,  in 
pratis,  in  pasturis,  cum  omnibus  rectis  diuisis  et  pertinencijs  • 
Concedo  itaque  et  uolo  et  precipio  ut  iste  predictus  Helias 
istam  terram  habeat  et  teneat  tam  quiete  et  tam  libere  et  tam 


INTRODUCTORY  CHAPTKR.  xxv 

lionorifice,  ut  nullus  miles  de  harone  tenet  liherius  et  (|uietius 
et  honorificentius  in  tota  terra  regis  Scotie .  His  testibus : 
Johanne  filio  Orni,  Wakleuo  filio  liaklewin,  Roberto  de  Sancto 
Michaele,  Helia  de  Iladestandena,  Willebiio  de  Copland, 
Willebno  de  Hellebet,  Aldano  Dapifero,  Gerardo  niilite, 
Jolianne  de  (iragin/'  ^ 

If,  as  there  seems  little  reason  to  doubt,  the  granter  of  this 
charter  was  Waldeve  (Waltheof),  Earl  of  Dunbar,  the  great- 
grandson  of  Gospatric,  Earl  of  Northumberland,  the  date  of 
the  deed  must  be  between  11  ()6  and  IIHJ^,  as  Waldeve  suc- 
ceeded his  father  2  in  1166,  and  died  in  118J^.  There  is  no 
evidence  to  prove  who  Helias,  son  of  Huctred,  was ;  but, 
wliatever  his  origin  may  have  been,  he  founded  the  family 
of  Dundas  of  that  Ilk,  as  the  estate  remained  in  the  possession 
of  his  descendants  until  1875. 

For  a  long  time  little  is  known  regarding  the  successive 
owners  of  Dundas.  Of  one  Hugh  de  Dundas  we  read,  in 
Douglases  Old  Baronage  (rf  Scotland^  that  he  was  "  a  man  of 
singular  merit  and  fortitude,'*''  and  that  "  he  joined  the  brave 
Sir  William  Wallace  in  defence  of  the  liberties  of  Scotland, 
and  embraced  every  ojjportunity  of  exerting  his  courage 
against  the  enemies  of  his  country  under  that  brave  com- 
mander.''^ His  son  George,  the  next  Baron  of  Dundas,  as 
became  one  whose  father  had  fought  with  Wallace,  is  said  to 

1  •*  Waldevus  son  of  Cospatric,  to  all  his  good  men  and  all  his  friends,  present 
and  to  come :  greeting.  Know  ye  that  I  have  given  and  granted  and  by  this 
my  charter  confirmed  to  Helias  son  of  Huctred,  Dundas,  for  half  a  knight's 
service,  to  be  held  by  him  and  his  heirs  of  me  and  of  my  heirs  in  fee  and 
heritage,  in  moors,  in  waters,  in  stanks,  in  mills,  in  meadows,  in  pastures,  with 
all  its  right  marches  and  pertinents.  I  grant,  therefore,  and  will  and  charge 
that  the  aforesaid  Helias  have  and  hold  that  land  so  quietly  and  so  freely  and  so 
honourably,  as  no  knight  holds  of  a  baron  more  freely  and  quietly  and  honour- 
ably in  all  the  land  of  the  King  of  Scotland.  Before  these  witnesses  :  John  son, 
of  Orm,  Waldev  son  of  Baldewin,  Robert  of  Saint  Michael,  Helias  of  Hade- 
standen,  William  of  Copland,  William  of  Hellebet,  Aldan  the  Steward,  Gerard 
the  knight,  John  of  Gragin."  A  facsimile  of  this  charter  is  among  the  National 
Manuscripts  of  Scotland,  vol.  i.  No.  xxxiii.  The  original  is  in  the  possession  of 
the  family  of  Dundas  of  Dundas. 

-  Gospatric  of  Dunbar,  Earl  of  Lothian,  and  grandson  of  Gospatric,  Earl  of 
Northumberland. 


xxvi  .      ARNISTON  MEMOIRS. 

have  been  a  follower  of  Robert  the  Bruce.  He  built  a 
monastery  at  South  Queensferry  for  the  Carmelite  Friars, 
which  is  still  the  burial-place  of  the  family,  and  perished  at 
the  battle  of  Dupplin  in  1332. 

James  de  Dundas,  son  of  George,  seems  to  have  had  a  long 
dispute  with  the  Abbot  of  Dunfermline  about  his  right  to 
some  landing-place,  or  to  some  islands  in  the  Forth,  which  he 
maintained  so  obstinately  that  the  Abbot  proceeded  against 
him  with  the  highest  censures  of  the  Church.  But  all  differ- 
ences were  at  last  arranged,  and  Dundas  was  absolved  from  a 
sentence  of  excommunication  in  1342.  "  By  the  dreaded 
power  of  excommunication  the  Lord  Abbot  of  Dunfermline 
kept  the  mightiest  of  his  lay  neighbours  in  awe.  The  Lord 
of  Dundas,  whose  massive  stronghold  frowns  in  sight  of  the 
Abbey  Towers  did  once  provoke  a  strife  to  his  own  bitter 
shame  and  humiliation.  He  laid  claim  to  a  certain  landing- 
place  at  the  south  side  of  Queensferry,  opposite  his  own  castle, 
and  molested  the  Abbot's  boatmen.  Abbot  Alexander  smote 
him  with  excommunication.  But  James  of  Dundas  was  proud 
and  powerful,  and  obdurately  resisted  for  some  time.  At 
length  he  quailed  and  bowed.  Abbot  Alexander  and  his  Council 
proceeded  to  the  disputed  landing,  and  sat  in  public  state  on 
the  rocks  which  served  as  the  pier.  James  of  Dundas  on  his 
knees  humbly  supplicated  the  Abbot  to  remove  the  excom- 
munication, which  the  Abbot  graciously  did,  when  Dundas 
found  security  never  more  to  repeat  his  offence.'' 

The  estates  were  forfeited  to  the  Crown — a  common  fate 
in  the  fifteenth  century — in  1449,  but  were  restored  to  the 
family  in  the  person  of  Sir  Archibald  Dundas,  who  enjoyed 
the  favour  of  James  ii.  and  James  ni.,  and  was  frequently 
employed  as  an  ambassador  to  the  Court  of  England. 

John  Dundas,  of  Dundas,  was  served  heir  to  his  father, 
Archibald,  on  the  3d  of  October  1480.  James  in.,  with  con- 
sent of  his  Queen,  Margaret,  conferred  on  him  a  grant  of 
the  lands  and  barony  of  Bothkennar,  "on  account  of  the 
faithful  services  done  by  him  to  them,  and  in  special  for  his 


INTRODUCTOUY  CHAPTEU.  xxvii 

free  labour  and  jissistance  given  in  delivering  their  Royal 
Persons  furtii  of  the  Ciustle  of  Edinburgh,  in  which  they  were 
detained  contrary  to  their  Royal  plejisure,  by  which  their  lives 
were  in  danger."'  He  was  also  about  to  he  created  Earl  of 
Forth  ;  but  the  nnirder  of  the  King  in  June  1488  prevented 
the  fulfilment  of  the  Royal  promise.  Dundtus  had  faithfully 
adhered  to  the  cause  of  James  in. ;  and  his  estates  were  declared 
forfeited  on  the  accession  of  James  iv.  When,  however,  a 
wiser  policy  prevailed  in  the  councils  of  the  young  King,  they 
were  restored,  with  the  exception  of  the  barony  of  Bothkennar, 
instead  of  which  Dundas  received  a  grant  of  the  rocky  island  of 
Inchgarvie,  lying  in  the  Firth  of  Forth,  opposite  the  lands  of 
Dundas.  This  Charter  is  dated  the  14th  of  May  1491.  By 
it  the  King  gives  "  to  our  beloved  familiar,  our  esquire,  John 
Dundas  of  that  ilk,  and  his  heirs,  all  and  whole  the  Island  and 
Rock  of  Inchgardy.'"  And  the  said  John  has  power  to  build 
thereon  "a castle  or  fortalice,tosuch  height,  length, and  breadth 
as  to  the  said  John  and  his  heirs  shall  seem  most  expedient, 
with  iron  bars,  ramparts,  portcullises,  crenelles,  and  machicola- 
tions, and  with  all  other  fortifications  and  monitions  as  can  be 
planned  and  devised  for  the  security  of  the  said  castle.''  Of 
this  castle  Dundas  and  his  heirs  were,  at  the  same  time,  declared 
to  be  the  perpetual  governors.  The  castle  was  built,  and  still 
remains  in  the  possession  of  the  family,  although  the  island  of 
Inchgarvie  is  now  desecrated  by  the  piers  of  an  enormous  struc- 
ture ^  which,  though  it  testifies  to  the  progress  of  science,  has 
done  much  to  destroy  the  interesting  associations  of  the  past. 

Passing  over  two  generations,  we  come  to  George  Dundas, 
who  was  served  heir  to  his  father,  James  Dundas,  on  the  11th 
of  March  1554.  He  was  the  sixteenth  laird  of  Dundas,  and 
married,  first,  Margaret,  daughter  of  David  Boswell,  of  Bal- 
muto,  and  secondly,  Katherine,  daughter  of  Laurence,  third 
Lord  Oliphant.  The  eldest  son  of  the  second  marriage  wa.s 
James  Dundas,  in  order  to  provide  for  whom  the  lands  of 
Amiston  in  Midlothian  were  purchased,  and  from  whom  were 

1  The  Forth  Bridge. 


xxviii  ARNISTON  MEMOIRS. 

descended  the  men  of  whose  lives  an  account  will  be  given  in 
the  following  "  Memoirs.*" 

Sir  Walter  Dundas,  the  eldest  son  of  George  Dundas  by  his 
first  marriage,  had  the  honour  of  Knighthood  conferred  upon 
him  by  James  vi.  at  the  baptism  of  his  son  Prince  Henry, 
"  probably,""  it  has  been  said,  "  for  a  pair  of  silk  stockings  lent 
by  him  to  the  modern  Solomon."  A  fountain  still  remains  at 
Dundas  Castle  which  Sir  Walter  is  said  to  have  erected  out  of 
a  sum  of  money  which  lie  had  saved,  and  was  about  to  use 
in  the  purchase  of  the  barony  of  Barnbougle,  when  he  found 
that  it  had  fallen  into  the  rapacious  hands  of  the  great  Earl 
of  Haddington. 

We  find  the  next  owner  of  Dundas  plunging  into  tlie 
troubled  politics  of  the  reign  of  Charles  i.,  and  deeply  engaged 
on  the  Parliamentary  side  during  that  memorable  conflict.  He 
was  made  a  Privy  Councillor  for  life  by  the  Covenanters  in 
1641,  and  acted  on  various  Committees  of  the  Estates,  includ- 
ing that  which  was  appointed  for  the  trial  of  Montrose  in  1641. 
In  after  years  he  seems  to  have  been  on  terms  of  personal 
friendship  with  Cromwell,  as  several  of  the  Protector's  letters 
are  dated  from  Dundas  Castle.  He  survived  the  Restoration, 
and  obtained  a  Charter  for  his  lands,  under  the  Great  Seal, 
from  Charles  ii. 

Towards  the  close  of  the  seventeenth  century  George,  laird  of 
Dundas,  suffered  from  the  rigorous  laws  against  non-conformity. 
The  Privy  Council  had  passed  an  Act  by  which  every  heritor, 
on  whose  estate  any  conventicle  should  be  held,  was  to  be  fined 
fifty  pounds.  It  seems  that,  in  the  autumn  of  1683,  James 
Renwick  and  "other  traitors'"  did  "  meet  and  convene  at  Brown- 
rigge,  in  the  laird  of  Dundas  his  land,  and  kept  a  numerous 
field-conventicle,  where  the  said  Mr.  James  took  it  upon  himself 
to  preach,  and  baptize  ten  or  twelve  children.'*''  Accordingly 
the  Privy  Council,  on  the  8th  of  November,  fined  the  laird  of 
Dundas  fifty  pounds.^     Next  year  the  same  thing  took  place. 

1  Register  of  the  Privy  Council,  Decreta,  8th  Nov.  1683. 


INTRODUCTORY  CHAPTER.  xxix 

The  laird  of  Dundas  was  brought  before  the  Council  and 
accused  of  allowing  persons  coming  from  a  conventicle  to  pass 
through  his  lanils.  Mis  defence  was  that  he  htul  not  been  at 
home  at  the  time,  and  knew  nothing  about  it  for  some  days 
after.  The  Council,  however,  refused  to  admit  this  as  a  defence, 
and  left  it  to  the  Lord  Advocate  to  prove  that,  in  point  of 
fact,  the  people  had  passed  through  the  lands  of  Dundtis.^  In 
commenting  on  these  proceedings,  Wodrow  observes,  "  We  shall 
hear  just  now,  that  in  a  j)arallel  case  this  very  day,  they  sustain 
the  same  defence  in  the  Earl  ofTweeddale,  for  it  was  now 
*  Show  me  the  man,  and  Til  show  the  law."* "''  ^ 

The  history  of  the  various  lairds  of  Dundas  during  last 
century  need  not  be  detailed  ;  and  at  last  the  time  came  when 
it  was  found  necessary  that  the  ancient  estate  should  be  sold. 
This  was  when  the  long  life  of  the  late  Mr  James  Dundas  was 
drawing  to  a  close.  He  was  born  in  1793, — a  posthumous 
child,  his  father  having  perished  in  the  wreck  of  the  Winterton 
Indiaman, — and,  on  coming  of  age,  erected,  at  great  cost, 
the  modern  Dundas  Castle,  a  fine  example  of  Tudor  Gothic. 
He  farmed,  hunted,  drove  a  four-in-hand  from  Dundas  to 
Edinburgh,  and  was  popular  in  the  county,  of  which  he  was 
Vice-Lieutenant  for  many  years.  But  his  chief  characteristic 
was  a  wonderful  talent  for  mechanics,  the  pursuit  of  which 
led  him  into  heavy  expenses,  beyond  what  his  fortune  was  able 
to  bear ;  for,  clever  and  ingenious  as  Mr.  Dundas  was,  his 
mechanical  inventions  usually  ended  in  severe  pecuniary  losses. 
Such  an  expenditure,  continued  through  the  course  of  a  long 
life,  led  to  hopeless  embarrassment,  ending  in  the  sale  of  the 
property  which  had  been  in  his  family  for  so  many  genera- 
tions. The  inexorable  necessity  which  led  to  the  loss  of 
the  estate  was  deeply  regretted  by  all  the  neighbourhood. 
The  sale  of  the  greater  part  of  Dundas  took  place  in  1875. 
But  the  family  reserved  a  portion  adjoining  the  lands  of  Hope- 
toun,  the  island  of  Inchgarvie,  and  the  Carmelite  monastery  in 

^  Register  of  the  Privy  Council,  17th  July  1684. 
-  Wodrow,  ed.  1830,  vol.  iv.  p.  46. 


XXX 


ARNISTON  MEMOIRS. 


Qiieensferry ;  and  under  the  vaulted  roof  of  that  old  building, 
which  has  outlived  so  many  changes  in  church  and  state  since 
the  day  when,  more  than  four  hundred  years  ago,  it  was 
dedicated  to  the  service  of  our  Lady  of  Mount  Carmel,  the 
remains  of  the  last  Laird  of  Dundas  were  laid  in  March 
1881. 


CHURCH  OF  WHITEFRIARS,  SOUTH  QUEENSFERRY. 


The  ramifications  of  a  family  which,  apart  from  the  legen- 
dary and  more  remote  period  of  its  history,  can  be  traced  with 
certainty  from  the  close  of  the  twelfth  century,  are  neces- 
sarily too  numerous  to  mention.  But  it  is  possible,  within  the 
limit  of  a  few  pages,  to  give  a  brief  account  of  some  of  the 
branches  which  have  sprung  from  the  parent  stem. 

The  Arniston  branch,  descended  from  George,  sixteenth 
laird  of  Dundas,  forms  the  subject  of  these  Memoirs. 

Of  the  Melville  branch,  which  has  been  rendered  memorable 
chiefly  through  the  greg,t  name  of  Henry  Dundas,  the  first 
Viscount  Melville,  nothing  need  be  said  at  present,  except  that 
it  sprang  from  the  house  of  Arniston  towards  the  close  of  last 
century. 


INTRODUCTORY  CHAPTER.  xxxi 

The  family  of  Dmidas  of  Heecliwood  is  descended  from  the 
family  of  Duiulas  of  Dundas,  throu<ijh  the  Arniston  branch,  of 
which  it  is  an  offshoot.  Sir  Robert  Dundas  of  Beech  wood  was 
the  son  of  the  Rev.  Robert  Dundas,  minister  of  the  parish  of 
Humbie,  who  was  a  descendant  of  Sir  James  Dundas,  one  of 
the  first  of  the  Arniston  family.  He  was  born  in  17G1,  and 
educated  as  a  Writer  to  the  Signet,  and  married  Matilda, 
daughter  of  Baron  Cockburn,  and  cousin-german,  through  her 
motlier,  of  the  second  Ix)rd  Melville.  Being  their  kinsman 
by  descent,  and  their  cousin  by  marriage,  he  became  agent 
and  factor  for  the  Arniston  and  Melville  families.  After  a 
few  years"*  practice,  his  connection  with  the  Arniston  family 
obtained  for  him  the  offices  of  Deputy  Keeper  of  the  Sasines, 
one  of  the  principal  Clerks  of  Session,  and  Dei)uty  to  the  Lord 
Privy  Seal  of  Scotland.  In  short,  it  was  said  that  his  Dundas 
clients  all  held  sinecure  offices,  and  that  he  was  "  Depute  **"  for 
them  all.  Partly  by  success  in  his  profession  and  partly  by 
inheritance  from  his  uncle,  General  Sir  David  Dundas,  Mr. 
Dundas  acquired  a  considerable  fortune.  He  purchased  from 
his  relative  and  client,  the  second  Viscount  Melville,  the  estate 
of  Dunira,  in  Perthshire,  with  the  house  which  the  first  Lord 
Melville  had  built  upon  it.  In  1821  he  was  created  a  baronet ; 
and  at  his  death,  which  took  place  in  1835,  he  was  succeeded 
by  his  son  Sir  David. 

Sir  David  Dundas  was  born  in  1803.  He  was  educated  at 
the  University  of  Edinburgh,  and  called  to  the  Bar,  but  never 
practised  as  an  Advocate.  On  succeeding  to  Dunira,  at  his 
father^s  death,  he  settled  there,  and  occupied  himself  with  the 
discharge  of  the  public  duties  of  a  country  gentleman.  Upon 
his  estate  his  largest  work  was  the  building  of  the  mansion-house. 
The  former  house  at  Dunira,  built  by  the  first  Lord  Melville, 
though  large  and  commodious,  stood  upon  a  badly  chosen  site. 
From  plans  by  Burn,  the  great  Scottish  architect  of  the  day, 
Sir  David  built  the  present  mansion,  both  site  and  house  doing 
credit  to  the  architect"*s  skill.  Sir  David  was  twice  married, 
first,  to  Catherine,  daughter  of  John  White  Melville  of  Mount 


xxxii  ARNISTON  MEMOIRS. 

Melville,  and,  secondly,  to  Lady  Lucy,  daughter  of  the  second 
Earl  of  Chichester. 

The  uncle  from  whom  Sir  Robert  Dundas  of  Beechwood 
inherited  a  considerable  part  of  his  fortune  was  David  Dundas, 
third  son  of  Mr.  Robert  Dundas,  merchant  in  Edinburgh  (a 
descendant  of  Sir  James  Dundas,  first  Lord  Arniston),  and 
Margaret,  daughter  of  Robert  Watson  of  Muirhouse.  He  was 
born  in  Edinburgh  about  the  year  1735,  and  originally  intended 
to  study  medicine.  But  his  uncle.  General  David  Watson, 
induced  him  to  enter  the  army,  and  obtained  for  him  a  lieuten- 
ancy in  the  Engineers.  General  Watson  was  soon  after  this 
engaged  in  superintending  a  Government  survey  of  the  High- 
lands, and  young  Dundas  accompanied  him  as  one  of  his 
assistants  in  this  important  and  difficult  work.  Between  1759 
and  1762  he  served  in  Germany  and  in  the  West  Indies. 
Thereafter  he  held  various  appointments  on  the  Irish  establish- 
ment, and  was,  in  1781,  promoted  to  the  rank  of  Colonel. 
"  Shortly  after  the  peace  of  1783,  Frederick,  King  of  Prussia, 
having  ordered  a  grand  review  of  the  whole  forces  of  his  king- 
dom, the  attention  of  military  men  throughout  Europe  was 
attracted  by  a  scene  so  splendid.  Amongst  others.  Colonel 
Dundas,  having  obtained  leave  of  absence,  repaired  to  the 
plains  of  Potsdam,  and  by  observation  and  reflection  on  what 
he  there  saw,  he  laid  the  foundation  of  that  perfect  knowledge 
of  military  tactics  which  he  afterwards  published  under  the 
title  of  Principles  of  Military  Movements,  chiefly  applicable 
to  Infantry ^""^  In  1790  Colonel  Dundas  attained  the  rank  of 
Major-General,  and  his  reputation  in  the  service  was  finally 
established  when,  in  June  1792,  his  system  of  tactics  was 
adopted  for  the  British  army. 

He  was  constantly  on  active  service  during  the  war  against 
France.  In  1804  he  was  installed  as  a  Knight  of  the  Bath ; 
and,  on  the  retirement  of  the  Duke  of  York  in  1809,  he  became 
Commander  in  Chief  of  the  British  Army,  being  the  first  Scots- 
man, it  is  said,  who  ever  attained  that  high  position.  This 
^  Biographical  Dictionary  of  Eminent  Scotsmen. 


INTRODUCTORY  CHAPTER.  xxxiii 

appointment  Sir  David  Dinulas  held  for  two  years.  His 
death  took  place  in  February  ISiiO,  when  he  wa-s  succeeded 
in  his  estates  by  his  ne|)hew,  Sir  Robert  Dunda-s  of  Beech- 
wood. 

The  Dundases  of  Duddiufijston  and  of  Manor  are  also 
branches  of  the  family  of  Dundiis  of  that  Ilk.  That  John 
Dundas  who,  in  1491,  obtained  a  grant  of  the  Island  of  Inch- 
garvie,  had  two  grandsons,  one  of  whom  became  the  head  of 
the  family,  and  the  other  of  whom  was  the  progenitor  of  the 
Dundases  of  Duddingston  and  of  Manor.  Of  the  latter 
family,  two  at  least  have  been  distinguished  in  the  profession 
of  the  law.  Sir  David  Dundas,  son  of  James  Dundas,  Clerk 
to  the  Signet,  rose  to  eminence  at  the  Bar  of  England  during 
the  opening  years  of  the  present  reign,  and  was  appointed 
Solicitor-General  when  Lord  John  Russell  was  forming  his 
Ministry  in  1846.  Two  years  later  he  resigned  office  on 
account  of  ill-health,  and,  although  for  a  short  time  he  held 
the  position  of  Judge  Advocate  General,  his  subsequent  career 
was  uneventful.  Few  of  those,  even  of  a  generation  far 
younger  than  his  own,  who  have  taken  any  interest  in  the 
public  men  of  the  Victorian  era,  can  fail  to  have  heard  of  the 
high  qualities,  and  estimable  character,  for  which  Sir  David 
Dundas  was  admired  by  those  who  knew  him.  He  died  in 
the  spring  of  1877,  when  a  short  but  graphic  account  of  his 
life  was  written  by  his  friend  the  late  Sir  William  Stirling- 
Maxwell,  who  did  not  long  survive  him. 

His  younger  brother,  George  Dundas,  had  died  eight 
years  before.  He  was  called  to  the  Scottish  Bar  in  1826,  and 
enjoyed  a  considerable  practice.  In  1845  he  became  Sheriff' 
of  Selkirkshire,  and  in  1868  a  judge  of  the  Court  of  Session, 
with  the  title  of  Lord  Manor,  an  honour  which  he  enjoyed  for 
only  one  year,  as  his  death  took  place  on  the  7th  of  October 
1869.  Like  his  brother,  he  was  a  man  of  culture  and  literary 
tastes,  gentle,  honourable,  and  high-minded. 

About  the  middle  of  last  century  a  member  of  the  Manor 
branch    of  the   Dundases  went   to   America,  and,  remaining 


XXXIV 


ARNISTON  MEMOIRS. 


there  after  the  Declaration  of  Independence,  founded  a  family 
which  acquired  large  estates  in  Virginia,  which  are  still  pos- 
sessed by  his  descendants.^ 

Sir  Lawrence  Dundas,  founder  of  the  Zetland  family,  was 
descended  from  James,  tenth  laird  of  Dundas.  He  was  the 
son  of  Thomas  Dundas,  a  member  of  the  Town-Council  of 
Edinburgh,  and  is  said  to  have  begun  life  behind  the  counter. 
He  entered  the  army,  and  rose  to  the  rank  of  Commissary 
General.  In  this  position,  which  he  held  from  1748  to  1759, 
he  acquired  an  immense  fortune ;  and,  in  1762,  he  was  made 
a  baronet.  At  his  death,  in  1781,  he  was  succeeded  by  his 
only  son,  Thomas,  the  offspring  of  his  marriage  to  Margaret, 


^  An  interesting  law-suit  arose  out  of  this  circumstance.  In  1754  John 
Dundas  of  Manor,  who  had  five  sons,  entailed  the  estate  in  favour  of  his  eldest 
son  Ralph,  whom  failing,  in  favour  of  his  four  other  sons,  Gilbert,  William, 
James,  and  Thomas,  successively.  James  went  to  Philadelphia  in  1757,  and 
married  an  American  lady.  He  remained  in  America  after  the  Declaration  of 
Independence,  and  died  in  1788.  His  son  John,  who  was  born  in  America, 
married  a  Miss  Hepburn  of  Virginia,  and  had  a  son  James.  In  1828  Ralph 
Peter  Dundas  of  Manor,  who  had  succeeded  as  heir  of  entail  on  the  death  of  his 
father,  Ralph,  eldest  son  of  John  Dundas,  died  without  issue.  Gilbert  and 
William  Dundas,  the  second  and  third  sons  of  John  Dundas,  had  already  died 
without  issue.  James  Dundas,  in  1829,  came  from  America  to  this  country,  and 
claimed  the  estate  of  Manor  as  nearest  heir  of  entail.  His  claim  was  opposed 
by  his  cousin.  Colonel  Thomas  Dundas,  grandson  of  Thomas,  fifth  son  of  John 
Dundas,  on  the  ground  that  he  was  not  a  British  subject,  and,  therefore,  debarred 
from  succeeding  on  the  ground  of  alienage.  Both  the  Court  of  Session  and  the 
House  of  Lords  decided  in  favour  of  Colonel  Dundas,  who  accordingly  succeeded 
as  heir  of  entail.  The  following  table  will  explain  the  descent  of  the  parties  to 
this  case  : — 


John  Dundas  of  Manor  (entailed  the  estate  1754). 

1 

Ralph. 

Gilbert, 

William, 

1 
James,  went  to 

Thomas. 

1 

d.  without 

d.  without 

America  1757. 

1 

Ralph  Peter, 

issue. 

issue. 

I 

Ralph. 

d.  without  issue 

John,  m.  Miss 

1 

1828. 

Hepburn  of 
Virginia. 

James,  claimed 
the  estate  in 
1829.     From 
him  the  Dun- 
dases  of  Vir- 
ginia are  de- 
scended. 

Thomas, 

won  the  law- 
suit, and  suc- 
ceeded to 
Manor. 

INTRODUCTORY  CHAPTER.  xxxv 

daugliter  of  General  Bruce  of  Kennet.  Sir  Lawrence  repre- 
sented Edinburgh  in  Parliament  for  some  time,  and  also  the 
Linlithgow  burghs.  His  house  in  Edinburgh  was  the  building 
now  occupied  by  the  Royal  Bank  in  St.  Andrew  Stjuare. 

His  son,  Sir  Thomas  Dimdas,  was  born  in  February  1741, 
and,  in  May  1764,  married  I^idy  Charlotte  Wentworth, 
daughter  of  the  third  Earl  Fitzwilliam.  From  1768  till  1790 
he  was  member  for  Stirlingshire.  In  1794  he  was  created 
Baron  Dundas  of  Aske  in  Yorkshire,  and  died  on  the  14th 
of  June  1820. 

His  son  Lawrence,  who  had  sat  in  Parliament  as  Whig 
member  for  Richmond  and  the  city  of  York  till  he  succeeded 
to  the  peerage,  was  created  Earl  of  Zetland  on  the  coronation 
of  Queen  Victoria — an  honour  which  he  enjoyed  for  only  a 
short  time,  his  death  having  taken  place  in  1839.  "The 
Earl  of  Zetland,"*"*  says  the  GentlemaiCs  Magazine  for  May 
1839,  "  was  one  of  the  steadiest,  most  consistent,  and  dis- 
interested advocates  of  civil  and  religious  liberty  England  has 
known  in  later  days.  The  closest  intimacy  subsisted  between 
him  and  the  late  Duke  of  Kent ;  and  last  year  Her  Majesty 
presented  the  late  Earl  witli  a  magnificent  golden  salver,  as 
an  acknowledgment  of  the  kind  services  performed  by  him 
towards  her  father.^^ 

Thomas  Dundas,  second  Earl  of  Zetland,  was  in  his  forty- 
fourth  year  when  his  father  received  the  Earldom  in  1838. 
He  himself  lived  till  May  1873,  and,  though  a  keen  poli- 
tician on  the  Liberal  side.  Grand  Master  of  the  Freemasons 
of  England,  and  Lord  Lieutenant  of  the  North  Riding  of 
Yorkshire,  perhaps  during  his  long  life  he  was  best  known  as 
a  spirited  and  honourable  supporter  of  the  Turf.  "  Only  a 
fortnight  before  his  death,"*'  says  the  York  Herald  of  the  lOtli 
of  May  1873,  "  he  attended  Catterick  races,  of  which  he  was 
one  of  the  stewards,  when  his  carriage  was  the  centre  of  a 
brilliant  throng,  the  members  of  which  little  imagined  that 
in  two  short  weeks  the  genial  old  sportsman  would  be  lying 
dead   in    Aske   Hall.^      The  "  Aske   spots  "*"*   were   immensely 


XXXVl 


INTRODUCTORY  CHAPTER. 


popular  on  every  racecourse  in  Britain,  particularly  in  York- 
shire ;  and  it  would  be  difficult  to  say  liow  many  descriptions 
have  been  written  of  the  famous  match  run  at  York  in  1851, 
when  Voltigeur,  who  had  won  the  Derby  and  the  St.  Leger  for 
Lord  Zetland  in  the  previous  year,  was  beaten  at  length  by 
Lord  Eglinton's  Flying  Dutchman,  who  had  won  these  races 
in  1849. 

It  would  be  a  mistake,  however,  to  speak  of  Lord  Zetland 
as  a  sporting  peer  and  nothing  else.  His  influence  as  a 
country  gentleman,  with  the  means  of  doing  good  in  various 
ways,  was  very  great.  He  was  a  sagacious  man  of  business, 
and  a  generous  landlord,  and  at  his  death  was  lamented,  as 
was  said  at  the  time,  by  many  "  from  the  highest  in  the  realm 
to  the  humblest  menial  who  ever  entered  his  service.'' 

Such  are  some  of  the  more  important  of  the  families  which 
are  descended  from  the  ancient  race  of  Dundas  of  Dundas.  In 
the  following  pages  the  history  of  the  Arniston  branch  will  be 
described. 


CHAPTER  I. 
THE  PUUCHASE  OF  AKNISTON. 

The  first  purcliase  of  land  in  Midlothian  by  the  family  of 
Dundas  was  made  by  George  Dundas  of  Dundas,  who  bought 
the  Mains  of  Arniston  in  1571.  He  had  been  twice  married, 
and  had  a  family  by  both  marriages.  His  eldest  son  by  the 
first  marriage  was  his  heir  and  successor  in  the  lands  of  Dundas, 
and  it  was  with  the  object  of  providing  an  inheritance  for  the 
eldest  son  by  the  second  marriage  that  Arniston  was  bought. 

The  early  history  of  Arniston  is  quickly  told.  It  was 
part  of  lands  on  the  South  Esk  in  Lothian,  granted  in  the 
twelfth  century  to  the  Knights  Templars  by  King  David  the 
First,  whose  munificence  to  the  religious  Orders  of  his  time 
is  so  well  known  ;  and  the  estate  on  the  South  Esk  was  the 
first  settlement  of  the  Knights  Templars  in  Scotland. 

These  lands  were  subsequently  erected  into  the  barony  of 
Ballintrodo,  which  was  the  principal  seat  of  the  Templars  until 
the  suppression  of  the  Order  in  1309.  At  that  time  the 
Templars,  stricken,  in  Scotland  as  in  every  other  country  of 
Christendom,  by  a  sudden  and  awful  doom,  disap]:)ear  from 
Scottish  history ;  and  their  name,  given  to  the  parish  of 
"  Temple,^'  is  now  the  sole  remaining  link  between  that  once 
mighty  Order  and  the  lands  upon  the  South  Esk  of  which  for 
nearly  two  hundred  years  they  were  lords. 

From  the  Knights  Templars,  Ballintrodo  passed  into  the 
hands  of  the  Hospitallers,  or  Knights  of  St.  John. 

At  the  Reformation,  Sir  James  Sandilands,  Preceptor  of 
the  Knights  of  St.  John,  obtained  for  himself  from  Queen  Mary 
a  grant  of  the  estates  belonging  to  his  Order,  by  payment  to 
the  Crown  of  the  sum  of  ten  thousand  crowns  of  the  sun. 


2  ARNISTON  MEMOIRS.  [1571. 

Shortly  after  obtaining  this  grant,  Sir  James  Sandilands, 
who  was  likewise  created  Lord  Torphichen,  broke  up  the  old 
Church  barony  of  Ballintrodo,  and  sold  its  lands  to  a  variety 
of  purchasers,  George  Dundas  of  Dundas  becoming  possessor  of 
Amiston.  The  contract  of  sale  was  between  James,  Lord  of 
Torphichen,  on  the  one  part,  and  George  Dundas  of  that  Ilk, 
Dame  Katherine  Oliphant  his  spouse,  and  James  Dundas  his 
son,  on  the  other  part.  It  was  executed  at  Dundas  on  the 
24th  of  May  1571  ;  and  the  price  was  1000  merks  paid  directly 
to  the  vendor,  and  ^3100  Scots  paid  to  Michael  Borthwick  of 
Glengelt,  who  had  advanced  that  sum  upon  the  lands. 

George  Dundas,  who  thus  acquired  Arniston,  was  the  six- 
teenth laird  of  Dundas.  By  his  first  marriage,  to  Margaret, 
daughter  of  David  Boswell  of  Balmuto,  he  had  two  sons  :  Walter 
his  heir,  and  George.  By  his  second  marriage,  to  Katlierine, 
daughter  of  the  third  Lord  Oliphant,  he  had  two  sons :  James, 
who  succeeded  him  in  the  estate  of  Amiston,  and  Robert,  and 
one  daughter,  Elizabeth. 

Previous  to  her  marriage  to  George  Dundas,  Katherine 
Oliphant  had  been  married  to  her  cousin,  Alexander  Oliphant 
of  Kelly.  Tradition  at  Dundas  Castle  charges  her  with  having 
damaged  the  family  estate  to  obtain  an  inheritance  for  her  son, 
while  at  Arniston  her  name  has  been  handed  down  as  that  of  a 
prudent  dame,  who  had  provided  for  her  son  from  the  savings 
of  her  pin-money. 

Among  other  family  relics  there  is  still  at  Arniston  a  piece 
of  tapestry,  about  seven  feet  long  and  three  feet  wide,  in  which 
the  Oliphant  arms,  with  the  initials  K.  O.,  form  the  centre  of 
the  design,  between  two  oval  medallions,  the  upper  one  of  which 
represents  St.  Paul  pressing  Timothy  to  take  a  glass  of  wine, 
and  is  encircled  with  the  inscription,  "  Paul  saying  to  Temothe 
tak  a  lytl  vyn  to  comfort  stomort ; ""  and  the  lower  one  a  gentle- 
man bestowing  a  loaf  upon  a  beggar,  with  the  inscription, 
"  The  Lord  commandes  the  to  break  ye  breade,  and  gyf  yt  ye 
hongrie."  The  border  of  the  design  is  enclosed  within  a  series 
of  Scriptural  quotations  in  quaint  letters.  The  piece  is  hand- 
worked tapestry  of  coloured  wools  worked  into  coarse  linen,  in 
rough  tent  stitches  arranged  to  resemble  fish-bone  and  other 
stitches. 

There  is  also  at  Arniston  a  Venice  glass,  said  to  have  been 


157 1]  PURCHASE  OF  LAND.  S 

Katie  Oliphant's  wine-j?biss,  to  which  the  tnulition  is  atbiclied 
that  its  hreakii^e  wouhl  be  foUowed  by  dire  misfbrtune  in  the 

family. 

The  only  information  respectin<j;  the  lands  of  Arniston  as 
they  were  during  the  life  of  Cieorge  Dundas  is  to  be  found  in 
a  bundle  of  papers  in  tiie  General  Register  House  at  Edinburgh, 
recording  the  })rogress  of  a  litigation  between  George  Dundas, 
laird  of  Dundjus,  and  his  spouse,  Dame  Katherine  Oliphant, 
and  their  son  James,  on  the  one  j)art,  and  Nicol  Elphinstone 
of  the  Shank,  and,  subsequent  to  his  death,  the  tutors  to  his 
son  John,  on  the  other  part,  about  a  disputed  boundary,  and 
the  extent  to  which  the  owner  of  Shank  was  entitled  to  graze 
his  cattle  on  the  muirland  of  Arniston.  Appended  to  these 
papers  is  a  plan  of  Arniston  and  Shank,  and  a  verbal  description 
of  the  boundaries  as  they  then  existed. 

The  appearance  of  the  district  at  that  time  cannot  be  fully 
described  from  the  plan,  but  a  general  idea  may  be  formed  of 
its  leading  features. 

The  manor-house  of  Arniston  had  not  then  been  built ;  the 
Shank  was  a  small  manor-house,  as  was  also  Castleton,  with  its 
tower  and  chapel ;  but  Arniston  would  seem,  from  the  sketch  of 
the  buildings  on  the  map,  to  have  been  little  more  than  a  farm- 
house and  offices.  The  river  banks  of  both  the  Esk  and  Gore 
were  covered  with  wood,  as  were  likewise  the  banks  of  the 
Castleton  burn.  No  trees  are  shown  on  the  open  country 
northwards  from  Arniston ;  but  as  none  are  shown  around  the 
yards  and  enclosures  of  the  different  farms,  where  they  probably 
existed,  the  absence  of  isolated  trees  may  be  due  to  the  hasty 
manner  in  which  the  map  was  drawn,  describing  only  the 
l)oundaries  which  were  likely  to  be  required  in  the  litigation 
with  the  owner  of  Shank.  In  the  same  way  no  roads  or  tracks 
are  shown,  with  the  exception  of  that  from  Edinburgh  to 
Carrington,  and  thence  by  Castleton  towards  the  Moorfoot 
Hills,  although  others  are  known  to  have  then  existed. 

The  litigation  has  an  interest  from  its  bearing  upon  the 
farming  customs  of  the  day.  So  long  as  the  two  properties 
hat!  formed  part  of  the  same  barony,  no  disputes  luul  arisen 
about  the  exercise  of  the  rights  of  pasturage  and  other  servi- 
tudes— the  tenants  of  Shank  rendering  their  services  to  their 
Baron  at  hay-winning  and  harvest,  and  exercising  in  return  the 


4  ARNISTON  MEMOIRS.  [1571. 

right  of  pasturing  their  cattle,  jointly  with  those  of  the  Arniston 
tenants,  over  the  Arniston  lands,  except  in  wood,  meadow,  and 
corn  land,  and  enjoying  the  other  privileges  of  cutting  fail  and 
divot  and  winning  peat  within  the  Baron's  lands.  But  the 
properties  having  passed  into  separate  hands,  disputes  over 
the  exercise  of  such  vague  and  undefined  rights  at  once  arose. 
The  Shank  tenants  complained  that  their  ancient  rights  were 
curtailed,  while  the  Arniston  tenants  were  resolved  upon  tilling 
their  land  without  molestation — a  quarrel  which,  as  will  be 
seen  further  on,  was  terminated  in  the  next  generation  by  the 
owner  of  Arniston  buying  up  the  servitudes  exercised  by  out- 
side tenants  over  his  estate. 

Of  the  purchasers  among  wliom  the  old  Templar  barony  of 
Ballintrodo  had  been  divided,  George  Dundas  and  his  wife 
seem  to  have  been  the  wealthiest  and  most  active.  They  soon 
acquired  other  portions  of  the  old  barony,  and  reunited  them 
to  the  estate  which  they  were  forming  for  their  son.  The 
ancient  name  of  Ballintrodo  also  fell  into  disuse  at  this  time, 
and  that  of  Arniston  took  its  place. 


Cj  7  c/ftnc/a/ 


J^tf-jfj^i^H^  cilyph 


^U±r- 


iacfy    ^uncfar 


CHAPTER   II. 
SIR  JAMES  DUNDAS,  GOVERNOR  OF  BERWICK. 

Gkok(;k  DrxDAs  of  Duiulas  was  succeeded  in  the  estate  of 
Arniston  by  his  son  James,  who  was  Governor  of  Berwick,  and 
received  the  lionour  of  kni^^hthood  from  James  vi. 

Sir  James  Dundiis  was  born  in  1570.  He  was  educated  at 
the  University  of  St.  Andrews,  wliere  he  matriculated  as  a 
student  of  St.  Leonard's  College  in  1585,  and  signed  the 
Articles  of  Faith  in  1586. 

He  married,  first,  Katherine,  daughter  of  Douglas  of 
Torthorwald,  by  whom  he  had  two  sons,  James  and  George, 
who  predeceased  their  father  without  lawful  issue,  and  several 
daughters.  In  1619  he  married,  secondly,  Mary  Home,  youngest 
sister  of  Sir  David  Home  of  Wedderburn.  The  lands  of 
Halkerstoun  and  Esperstoun,  Wester  Halkerstoun,  called 
Cassiltoun,  Rylawknowe,  and  Li  till  Johnsschott,  three  chalders 
meal,  two  chalders  bere,  and  one  chalder  wheat  from  the 
Maynes  of  Arniston,  and  the  teind-sheaves  of  the  above  lands, 
were  assigned  to  the  lady  as  jointure.  Her  own  fortune  was 
10,000  merks.  Power  was  reserved  to  the  heir  to  win  limestone 
within  tlie  jointure  lands. 

In  1617,  Sir  James's  second  daughter,  Elizabeth,  married 
Sir  Patrick  Murray  of  Langschaw,  eldest  son  of  Sir  Gideon 
Murray  of  Elibank,  Treasurer-Depute  "  to  his  maiestie  of  this 
realme.''  The  young  lady's  jointure  was  fixed  at  39  bolls  oats, 
13  bolls  bere,  good  and  sufficient  stuff  of  the  measure  of  the 
country,  together  with  a  good  and  sufficient  ox,  12  long  car- 
riages and  36  short  carriages,^  and  four  dozen  kain  fowls,  to  be 

*  An  obligation  often  laid  upon  the  tenants  to  carry  farm  produce,  etc.,  to 
market  (or  elsewhere,  as  the  landlord  might  require)  so  many  times  in  the  year. 
What  constituted  a  "long  "  or  a  "  short  carriage"  varied  according  to  circum- 
stances. 


ARNISTON  MEMOIRS. 


1606. 


laid  witliin  tlie  place  of  Langschaw  ;  also  a  liferent  of  the  town 
and  teinds  of  Langschaw.  Sir  James  gave  his  daughter  12,000 
merks  as  tocher.  The  witnesses  to  the  marriage-contract  were 
Sir  John  Murray  of  Phillophauch,  and  William  Scott,  younger 
of  Harden. 

Sir  James  Dundas  continued  the  purchases  of  land  com- 
menced by  his  father  and  mother,  and  by  the  time  of  his  death 
had  acquired  a  considerable  estate,  stretching  uninterruptedly 
from  Whitehouse,  in  the  parish  of  Newbattle,  to  the  top  of  the 
Moorfoot  Hills. 


BORTHWICK   CHURCH — ARNISTON    BURIAL-PLACE. 
{After  the  Fire  'nt  1780.) 


The  papers  relative  to  the  purchase  of  a  family  burial-place 
in  the  kirk  of  Borthwick  have  been  preserved  at  Arniston. 
They  describe  the  ruinous  state  into  which  the  parish  church 
had  been  permitted  to  fall,  and  present  a  flagrant  instance  of 
the  parsimonious  neglect  which,  more  than  the  hammer  of  the 
Reformers,  or  the  fires  of  the  English  enemies,  has  stripped 
Scotland  of  so  much  that  was  valuable  of  its  ecclesiastical 
architecture. 

In  the  summer  of  1606  the  minister  and  elders  of  the  parish 
of  Borthwick  complained  to  the  Presbytery  of  Dalkeith  of  the 
.state  of  the  parish  church.     The  choir  and  vestry  were,  tliey 


i6o6.]  THE  FAMILY  BURIAL-PLACE.  7 

said,  ill  a  dilapidated  sbite.  The  walls  and  roof  were  giving 
way ;  the  wood-work  was  decaying ;  and,  unless  some  remedy 
could  he  found,  the  huilding  would  soon  hecoiiie  a  ruin. 

The  Preshytery  appointed  Commissioners,  who  met  at  the 
church  of  Borthwick  on  the  4th  of  June,  and  held  a  conference 
witli  the  minister  and  parisliioners.  The  result  of  their 
deliherations  was  a  refusal  to  rate  or  "  stent '^  themselves  for 
the  rej)air  of  the  church,  and  a  resolution  to  offer  the  vestry, 
as  a  family  burial-place,  to  any  gentleman  who  would  j)ay  such 
a  price  as  would  enable  them  to  repair  the  choir.  Sir  James 
Dundas  of  Arniston  was  "  found  meitest  to  quham  thei  sould 
mak  offer  of  the  same.''  After  some  hesitation  he  agreed  to 
pay  two  hundred  and  fifty  merks  for  the  vestry,  which  thus 
became  the  family  burial-place. 

The  Side  of  the  vestry  of  Borthwick  kirk  to  Sir  James 
Dundas  was  afterwards  ratified  by  Act  of  Parliament.^  The 
church   which  had  been    suffered  M^pafc- 

thus  early  after  tlie  lieformation  wM~'  '"b 

to  fall  into  so  scandalous  a  state  I  m 

of  disrepair  was  one  of  the  small  ^  ■■ 

churches  of  the  Norman  period,  .-<:'  J^-^^^^  S-mi^ssJ 

with    an    oblong    nave    without  #ii  \\ 

aisles,  a  chancel,  and  semicircular  H      |  i  |  | 

apse.^     Tlie  vestry  and  the  south  ^^^-_-ra        '  ' 

chapel  were  later  additions,  pro-  I        i 

bably   of  the  same   date  as  the  a^al 

adjoining    castle,    built    by    Sir 

William  Borthwick  about  1430.         ground  plan  of  ruins  of 
What  little  is  kno^^^l  of  the  sub-  borthwick  church. 

sequent  history  of  the  church  between  the  sale  of  the  vestry  in 
1606  and  the  destruction  of  the  building  by  fire  in  1780,  can 
only  be  gathered  from  the  appearance  of  the  ruins  as  they  lately 
existed.  They  showed  that  the  arch  between  the  chancel  and 
the  apse  had  been  closed  with  masonry,  the  apse  being  left 
roofless,  and  that  a  gallery  had  been  placed  in  the  chancel,  to 
make  way  for  whicli  the  old  Norman  windows  had  been  built 
up,  and  a  square-headed  door  with  window  to  match  had  been 
broken  through  the  wall  to  give  access  to  the  gallery  from  an 

^  On  23d  Oct.  1612  ;  Act.  Pari.  Scot.  vol.  iv.  p.  499. 

-  Characteristics  of  Old  Church  Architecture;  Edinburgh,  1861. 


8  ARNISTON  MEMOIRS.  [1626. 

outside  stair.  A  fireplace  for  heating  the  church  formed  part 
of  the  alterations,  with  the  certain  result,  which  followed  in 
1780,  of  the  church  being  burned  down ;  thus  bringing  to  a 
close  the  two  centuries  of  neglect  and  carelessness  which  stripped 
Borthwick  of  its  ancient  parish  church  ;  and  though  destruction 
has  overtaken  most  of  our  ancient  Scottish  cliurches,  it  is  not 
often  that  so  unblushing  an  avowal  of  parochial  neglect  has 
been  preserved.  Of  late  years  the  remaining  fragments  of  the 
old  church  have  been  built  into  the  walls  of  the  recently  erected 
parish  church,  with  the  object  of  their  preservation. 

Sir  James  Dundas  was  a  zealous  agriculturist,  at  a  time 
when  the  poverty  of  the  country  and  its  backward  condition 
raised  obstacles  to  improvement  greater  than  can  now  be  con- 
ceived. Runrig  and  tenancy  in  common,  vexatious  servitudes, 
the  absence  of  roads  and  facilities  for  carriage,  the  miserable 
condition  of  live  stock,  arising  from  the  Avant  of  winter  food, 
and  the  wretchedness  of  the  accommodation  for  both  man  and 
beast,  were  but  a  few  of  the  difficulties  with  which  an  improver 
in  the  sixteenth  century  had  to  contend. 

Sir  James,  as  the  starting-point  in  his  improvements,  bouglit 
up  the  rights  of  pasturage  and  other  servitudes  exercised  over 
his  estate,  thus  securing  his  tenants  against  all  molestation  in 
the  cultivation  of  tlieir  land.  Upon  the  Arniston  portion  of 
his  estate  he  was  owner  of  the  tithe  or  teind,  as  well  as  of  the 
land,  but  upon  some  of  his  other  purchases,  where  the  teind 
belonged  to  the  clergy,  he  secured  his  tenants  against  inter- 
ference by  obtaining  for  himself  a  lease  of  the  teinds  for  the 
long  period  of  "  two  lives  and  nineteen  years," — a  great  boon 
to  his  tenants,  the  laws  for  the  collection  of  teind  being  most 
oppressive,  no  tenant  being  allowed  to  house  his  grain  before 
the  settlement  of  the  teind  had  been  made. 

By  the  use  of  the  coal  and  lime,  found  abundantly  upon 
his  estate,  he  brought  into  regular  cultivation  land  hitherto 
cropped  only  at  long  intervals,  and  reclaimed  muirlands  which 
had  till  tlien  lain  waste.  The  valuation  of  the  parish  of 
Borthwick  in  1626  shows  the  success  attending  Sir  James'*s 
labours  in  improving  his  estate.  The  farm  of  Easter  Halker- 
ston,  which  had  formerly  paid  500  merks,  had  been  brought  by 
liming  to  pay  600 ;  Wester  Halkerston,  which  of  old  paid 
40  merks,  now  paid  200  of  rent,  exclusive  of  tithe,  the  rise  in 


<:S^€Ay  <LJ>a/n^ed  ^:2S^^{/n^cuiu} 


z^yiA^yto'z.cyty 


.   / 


i626.]  IMPROVEMENTS.  9 

value  l)eing  due  to  its  coal  and  lime.  Ksperston  was  improved 
by  the  recljunation  of  waste  laud  from  the  moor.  The  tithes 
of  this  farm,  formerly  reckoned  at  thirteen  bolls  victual,  "  are 
lyk  to  be  moir  wortli  because  they  are  day  lie  fattit  by  making 
it  inland."" 

On  the  home  farm,  the  Mains  of  Aniiston,  the  rise  in  rent 
was  considerable.  Before  the  farm  wtis  taken  into  the  pro- 
prietor''s  own  hands  ("  befoir  it  wes  labourit  in  maynsing "")  it 
had  paid  ten  score  and  eight  bolls  of  victual,  four  score  and  ten 
bolls  meal,  forty  bolls  oats,  fifty  bolls  here,  and  twenty-eight 
bolls  wheat,  rent  and  tithe  included. 

There  was  no  lime  upon  the  farm ;  but  it  was  brought  by 
the  proprietor  from  his  other  farms  "  with  great  labour  and 
chairges,  quhilk  no  fermer  wes  habill  to  underlie."^  After  Sir 
James''s  death  the  Mains  of  Arniston  was  let  to  tenants,  when 
the  rent  paid  for  crop  1630  was  ninety-six  bolls  here,  twenty- 
six  bolls  wlieat,  and  one  hundred  and  sixty-two  bolls  oats; 
realising  at  the  current  prices  of  the  year  £2SSS,  5s.  Scots. 

These  improvements,  however,  were  not  considered  per- 
manent. Lime  was  the  sole  meliorating  agent ;  therefore  "  gifF 
the  coin  [coal]  of  Cassiltoun  fail,  the  lyming  will  be  difficill,'*''  and 
the  land  would  relapse  into  its  former  state.  This  and  other 
considerations  were  urged  by  Sir  James  Dundas  against  his  lands 
being  valued  for  the  commutation  of  teind  at  their  improved 
rent.  His  protest  also  records  the  disastrous  results  arising 
from  the  abuse  of  lime,  and  the  little  faith  entertained  at  that 
time  in  the  permanence  of  agricultural  improvements.^ 

It  not  unfrequently  happened  that  small  farms  were  feued 
with  the  riglit  still  attached  of  fail  and  divot,  and  of  pasturing 
upon  the  barony  muir  and  unenclosed  land  of  tlie  superior  a 
number  of  cattle  proportioned  to  the  acreage  of  the  feu.  It  is 
easy  to  conceive  the  extent  to  which  these  rights  were  "  the 
occasioune  of  dyvers  actionis,  discordis,  and  trublis,'"  l)etwixt 
the  feuars  and  tenants  of  an  estate,  and  the  impossibility  of 
improvement  during  their  existence. 

Within  the  lands  of  Arniston  there  were  six  feus  or  pen- 
dicles^  possessing  the  right  of  exercising  the  above  servitudes : 

*  See  Reports  made  to  H.M.  Commissioners  for  Plantation  of  Kirks,  1627, 
Printed  by  the  Maitland  Club,  1855. 
-  Small  holdings. 


10 


ARNISTON  MEMOIRS. 


[i6: 


the  Shank,  Birkenside,  Tailors  Pendicle,  the  Burne,  the  Park  of 
Halkerston,  and  Littlejohnsschott,  or  Castleton.  Fortunately 
they  all  belonged  to  the  same  proprietor,  and  Sir  James 
Dundas,  by  giving  him  eighty-one  acres  adjoining  the  Shank, 
liis  largest  feu,  obtained  in  return  a  renunciation  of  the  servi- 
tudes over  the  estate,  and  the  absolute  possession  of  the  other 
five  feus.  The  contract  of  excambion  is  dated  at  Dundas, 
1598,  and  is  "  betwix  Sir  James  Dundas  of  Arnistoun,  Knyt., 
with  consent  of  Dame  Katherine  Douglas  his  spous,  and  of 
George  Dundas  of  that  Ilk  his  father,  and  Dame  Katherine 
Oliphant  his  spous,  on  the  one  part,  and  John  Elphinstone 
of  Schank  on  the  other."" 

The  value  of  such  servitudes  to  the  tenants  of  small  holdings 
is  shown  by  the  fall  in  the  rent  of  the  Shank  from  five  chalders 
to  four,  on  the  loss  of  the  supply  of  limestone  from  Arniston, 
it  having  no  limestone  nor  "  commoditie  of  moss ""'  of  its  own. 

Sir  James  Dundas  farmed  largely  himself.  He  had  in  his 
own  occupation  the  Mains  and  "  Town ""  of  Arniston,  the  farms 
of  Newbyres  Mains,  and  Whitehouse,  and  the  hill  farms  of 
Howburn,  Esperston  Hill,  and  Blakehope,  the  latter  being 
rented  from  the  Earl  of  Lothian.  The  list  of  the  stock  at 
Arniston  in  1628,  given  in  the  note,  may  be  interesting  as 
showing  the  character  and  value  of  a  Midlothian  laird's  home 
farm  at  that  time.^ 


I 

Scots. 

s. 

^. 

£  Scots. 

s. 

^. 

^  38   drawing   oxen,   at 

36  ewes,  at  Howburn,  at 

£2A,         .         .         . 

912 

0 

0 

40s., 

72 

0 

0 

12  horses,  at;^26,  13s.  40!., 

320 

0 

0 

2  draught  ewes,  at  30s., 

3 

0 

0 

7  cows,  with  their  calves, 

120  gimmersand  dinmonts, 

at;^i6,       . 

112 

0 

0 

at  48s.,     . 

288 

0 

0 

2  cows,  without  calves, 

46  hogs,  at  30s.,     . 

69 

0 

0 

at;^i3,  6s.  8d., 

26 

13 

4 

42  yeld  sheep,  at  Esper- 

6   yeld    cows,    at    ;^I3, 

ston,  at  50s.,     . 

105 

0 

0 

6s.  8d.,       . 

80 

0 

0 

5   young  nolt,    one   and 

At  Arniston — 

two  year  old,  at  ;^8,    . 

40 

0 

0 

183  threaves  wheat,  con- 

16    "rassin"     oxen,     at 

taining    68    bolls     3 

;^i3,  6s.  8d.,    . 

213 

6 

8 

pecks;  price,  with  the 

87  ewes,   at  40s.,  at  Ar- 

fodder, ;^8  per  boll. 

545 

10 

0 

niston, 

174 

0 

0 

3   bolls    rye,    with    the 

12  draught  ewes,  at  30s., 

18 

0 

0 

fodder,  at  £6,  . 

18 

0 

0 

4  tups,  at  50s., 

10 

0 

0 

852    threaves    oats,    con- 

I dinmont,     . 

2 

0 

0 

taining   305    bolls    I 

i628.] 


SERVANTS'  WAGES. 


11 


About  a  dozen  sen'ants  seem  to  have  been  employed  in  the 
home  farm  of  Arniston.  Their  wages  were  calculated  in 
victual.  The  largest  amount  })aid  to  any  one  man  was  sixteen 
bolls  of  oats,  which,  at  £5  Scots  ])er  boll,  came  to  =£^80  Scots, 
or  £6y  13s.  4d.  sterling,  for  the  year''s  work.  Some  received 
£4^  Scots,  or  £ii,  6s.  8d.  sterling.  "James  Jackson,  smith 
and  servant,'*"'  only  got  £^5  Scots ;  and  the  herd  of  Espei-ston 
was  paid  the  small  sum  of  £6,  5s.  Scots. 

Among  the  debts  enumerated  as  owing  by  Sir  James  Dundas 
at  his  death  are  the  wages  to  his  domestic  servants  as  follows  : — 

Mr.  James  Owsteane,*  servand,  for  his  yeiris  fie,     .         .         loo  merks. 

To  John  Lorimer,  servand, 

To  James  Nisbett,  servand, 

To  Mathow  Boig,  servand, 

To  Thomas  Crombie,  servand, 

To  Robert  Browne,  servand. 

To  Isobel  Lowthiane,  servand,  . 

To  Katharene  Haig,  servand,     . 

To  Katharene  Hadden,  servand. 

To  Janet  Drummond,  servand, 

To  George  ,  coupar. 

To  Alexander  Galloway,  servand, 

To  John  Hepburn,  servand,^ 

To  James  Bruce,  cuik,       .... 

To  William  Lowthiane,      .... 


ICO 

8o 

40 

£  Scots  20 

„       20 

»      30 

,,        8 

„        8 

5 


100  merks. 
£  Scots  24 
8 


357 


£  Scots,   s.    d. 

firlot ;  price,  with  the 

fodder,  ;^5  per  boll,      1526     5     o 
threaves     peas    and 

beans,  containing  40^ 

bolls  I  peck,  with  the 

fodder,  at  £fi  per  boll, 
499  threaves    here,    con- 
taining   199    bolls    I 

firlot ;  price  per  boll, 

with  the  fodder,  ;^6, 

13s.  4d.,  . 
At  Newbyres  and  White 

house — 
329  threaves  beir,  contain- 
ing 65  bolls  ;  with  the 

fodder,  £(>,   13s.  4d. 

per  boll,   .         .         .433 
From  this  list  it  appears  that 
in  Scots,  or  ;^6i2,  is.  in  sterling 

^  Tutor  to  the  children. 


243     7     6 


1028    6    8 


jC  Scots.  *.    d. 
69  threaves  wheat,  con- 
taining 20  bolls  ;  with 
thefodder,;^8  per  boll,    160    o    o 

558  threaves  oats,  contain- 
ing 171  bolls  ;  worth, 
with  the  fodder,  ;^5 
per  boll,  .  .  .  855  o  o 
3  threaves  i  stook  rye, 
containing  i  boll  3  f. 
2  pks.,  at  £(i  per  boll, 
with  the  fodder,         .       1 1     5     o 

100  threaves  peas,  contain- 
ing 3  bolls3f.,at;^5 
per  boll,   .         .         .       18  15     o 

The  pea-straw  of  the  said 
5  score  threaves  is 
estimated  at 


60    o    c 
15s.   rod. 

Steward  and  farm -overseer. 


6     8 

the  value  of  the  stock  was  ;^7344 
money. 


12  ARNISTON  MEMOIRS.  [1628. 

Sir  James  Dundas  died  in  1628.  His  will,  executed  at 
Arniston  on  the  28th  of  April  1627,  commences  with  those 
quaint  expressions  of  religious  devotion  which  are  often  found 
in  the  testamentary  writings  of  Scotsmen  in  the  sixteenth  or 
seventeenth  centuries.    The  opening  sentences  are  as  follows : — 

I,  Sir  James  Dundas  of  Arnistoun,  knycht,  considdering  with 
myself  the  many  perrellis  and  daingeris  quhairunto  manes  lyf  is 
subject,  and  that  thair  is  nothing  more  certane  than  death,  and 
nothing  more  oncertane  than  the  tyme  and  hour  thairof,  and 
thairfore  I,  being  now  of  perfyt  helth  and  judgement,  have 
resolvit  for  ease  of  mynd,  weill  of  my  childrene,  and  sattling  of 
my  warldlie  affairis,  to  sett  doun  my  testament  and  latter  will  in 
manner  following ;  revoking  by  thir  presentis  all  utheris  testa- 
mentis  maid  be  me  at  any  tyme  befoir  the  dait  of  thir  presentis. 
In  the  first  I  commit  my  saull  to  God  quho  gave  me  the  same, 
and  I  belive  assuredlie  to  be  savit  of  his  frie  mercie  by  faith  throw 
the  pretious  blude  of  his  deir  Sone  Jesus  Chryst,  my  onlie  Lord 
and  Saviour ;  and  I  ordane  my  bodie  to  be  bureit  in  my  bureall 
place  at  Borthuik  kirk,  thair  to  rest  quhill  the  day  of  the  generall 
resurrectioun,  at  quhat  tyme  I  hoip  assuredlie  baith  my  saull  and 
bodie  sal  be  joynit  agane  to  injoy  and  be  partaker  of  that  eternall 
glorie  purchesit  throw  Jesus  Chryst,  his  onlie  death  and  passioun.^ 

In  the  Book  of  Household  Accounts  in  the  charter-room  at 
Arniston,  the  expenses  incurred  at  the  funeral  of  Sir  James 
Dundas  are  given  in  full  detail.  The  accounts  of  the  cloth  and 
silk  merchants  for  materials  for  the  family  mournings,  and 
of  the  tailor  by  whom  they  were  made  up,  are  minutely  ren- 
dered, each  small  charge,  such  as  for  thread,  pins,  buttons,  etc., 
being  made  separately.  The  dresses  both  of  the  gentlemen 
and  ladies,  and  of  the  men  and  women  servants,  were  made 
by  the  tailor,  who  undertook  every  article  of  clothing,  from  the 
Laird's  doublet  and  "breikis"'  to  Margaret's  gown  and 
stomacher. 

The  apothecary's  account  for  medicines  supplied  to  Sir 
James  during  his  illness  contains  some  curious  items,  such  as — 
Two  ounces  oil  of  scorpions,  and  7  grains  of  Oriental  bezoar, 
a  costly  drug,  of  which  the  price  was  ,£2,  6s.  8d.  Scots. 

^  For  a  similar  document  see  Tytler's  Life  of  the  Admirable  Crichton, 
Appendix,  p.  276. 


1 628.]  FUNERAL  OF  SIR  JAMES  DUNDAS.  18 

The  funeral,  after  the  fashion  of  the  day,  was  an  elaborate 
affair.  Messengers  were  sent  witli  invitations  to  be  ])resent  to 
friends  in  Fife,  to  Dunghuss,  Traquair,  Dunchis,  and  Hancreiff. 

The  body  was  embalmed,  as  appears  from  the  following 
items  in  the  accounts  : — 

For  odoriferous  powders  after  the  best  manner,  for  the 

whole  trunk  of  the  body,  etc.,       .         .        .        .  ^  Scots  13    6    8 

For  one  ounce  "centure  candell,"  burnt  the  time  of  the 

evisceration 140 

Item,  two  jars  ("piggis")  to  put  the  bowels  in,    .         .         .  o  12     o 

To  Dr.  Arnot  at  time  of  the  bowelling,         ....  40  merks. 

To  David  Pringle,  chirurgeon,  for  doing  same,    ...  20  merks. 

To  John  Hamilton,  apothecary,  for  his  trouble,                    .  30  merks. 

The  funeral  procession  was  headed  by  trumpeters,  heralds, 
pursuivants,  and  pages,  carrying  banners  emblazoned  with  the 
family  arms.  The  pall  or  dool-cloth  was  carried  on  a  horse, 
and  a  horse-litter  was  provided  for  the  widow  and  her  daugliters, 
the  former  wearing  a  veil,  while  the  young  ladies  carried  black 
fans.  The  bell  of  Borthwick  kirk  was  tolled,  and  that  there 
was  a  funeral  service  in  the  church  is  sliown  by  the  scliool- 
master  having  led  the  singing. 

The  steward''s  accounts  for  the  dinner  which  followed  were 
on  a  similar  scale  ;  and,  while  tlie  guests  were  feasted  in  memory 
of  the  deceased,  the  poor  were  not  forgotten,  a  distribution 
of  money  having  been  made  among  them  on  tlie  day  of  the 
funeral. 


CHAPTER    III. 

THE  FIRST  LORD  ARNISTON.^ 

Thp:  next  laird  of  Arniston  was  James,  eldest  son  of  Sir 
James  Dundas,  the  Governor  of  Berwick,  and  Marie,  daughter 
of  George  Home  of  Wedderburn. 

At  his  father's  death,  in  1628,  young  James  Dundas  was 
only  eight  years  of  age.  His  guardians  were  Dundas  of 
Dundas,  Home  of  Blackaddar,  and  Sir  Patrick  Murray  of 
Elibank  ;  but  the  estate  of  Arniston  seems  to  have  been 
managed  during  his  minority  entirely  by  his  mother. 

Dame  Marie  was  evidently  a  prudent  Iiousewife  and  a 
loving  mother,  who  attended  carefully  to  her  son's  interests. 
Some  of  the  entries  in  her  account-books  may  be  mentioned,  as 
giving  an  idea  of  the  early  life  and  surroundings  of  a  boy  in  his 
position  during  the  opening  years  of  the  seventeenth  century. 
He  was  instructed  by  a  tutor,  who  lived  at  Arniston  and  received 
a  salary  of  one  hundred  merks  a  year.  A  pony  was  kept  for 
him,  and  a  man  to  look  after  it.  In  the  accounts  for  the  year 
1633,  there  is  a  long  list  of  clothes  and  other  articles  supplied 
to  him,  beginning  with  a  saddle,  £4},  10s.  Scots  ;  a  pair  of 
stirrups,  12s. ;  stirrup-leathers,  13s.  4d. ;  a  bit,  6s.  8d. ;  a  pair  of 
girths,  10s. ;  and  a  pair  of  spurs,  12s.  Among  the  clothes  men- 
tion is  made  of  a  red  satin  doublet,  lined  with  Spanish  taffitie ; 
while,  for  winter  wear,  he  had  a  suit  of  English  cloth. 

In  the  year  1635  we  find  him  fitted  out  with  a  red  gown, 
with  ribbons,  buttons,  and  trimmings  to  match,  and  sent  to  St. 
Leonard's  College,  in  the  University  of  St.  Andrews,  where  he 
is  designated  in  the  books  as  "  Jacobus  Dundas  ab  Arnistoune." 
In  the  following  year  his  mother  enters  in  her  books  the 
purchase  of  a  Greek  Grammar,  Mercator's  Geography  (with  her 

1  Senator  of  the  College  of  Justice,  with  the  title  of  Lord  Arniston. 


^^^^^   ^ 

■ 

^^n     n 

MVIh 

wffwf'a™ 

>     '                              4 

^^^^^^ES^^^^^B^^^^^^^^^HIwHi 

I    'i 

U^hL»^ 


-/ 


f^L^^4eXAJ^C?e<^^^^>5^2-/ 


1629]  FARMING  CUSTOMS.  15 

son's  name  printed  on  tlieni  in  p^old  letters),  and  "ane  case 
with  a  ir\i\ss  and  combes  to  James." 

In  the  meantime  the  estiite  was  managed  with  prudence  and 
thrift  by  Dame  Marie.  The  crop  on  the  Mains  of  Arniston 
had  been  sowed  and  reaped,  for  tiie  year  1629,  by  the  young 
laird's  guardians,  after  whicli  tlie  farm  was  let  to  tenants.  As 
was  usual  at  that  time,  the  farm  wius  taken  by  several  tenants 
in  connnon.  In  this  instance  they  were  four  in  nundKT.  The 
rent  was  the  third  sheaf,  or  one-third  of  the  ])r()duce,  and  the 
teind,  both  payable  to  the  landlord  in  kind.  Sometimes,  how- 
ever, instead  of  taking  his  rent  in  kind,  the  landlord  sold  his 
thinl  sheaf  aiul  the  teind  to  the  tenants  on  the  ground,  taking 
the  price  realised  as  his  rent.  The  straw  of  crop  1629,  on  the 
Mains  of  Arniston,  was  given  by  the  landlord  to  the  tenants, 
who  tilled  the  land  for  the  crop  of  1630,  and  became  bound  to 
leave  the  same  on  their  quitting  the  farm. 

In  1631,  half  of  the  third  sheaf  forming  the  rent  of  the 
Mains  of  Arniston  was  sold  to  two  of  the  tenants,  on  the 
ground  ;  while  the  other  half  of  the  rent  and  the  whole  of  the 
teind  was  taken  in  kind.  The  prices  obtained  for  the  produce 
of  the  crop  of  1631  were  as  follows  : — 

Barley,  .  .  ;^5  10    o  Scots  per  boll. 

Wheat,  .  .  ;^9     o    o        „         „ 

Peas,  .  .  ^400,,,, 

Oats,  .  .  ^400,,,, 

In  1633  the  crop  of  peas,  both  for  third  sheaf  and  teind, 
could  not  be  collected,  being  "  frost  slane  and  all  spilt.'' 

It  appears  from  the  factors'  books  that,  for  many  years 
after  this,  the  rent  continued  to  be  the  third  sheaf,  or  one- 
third  of  the  produce  taken  in  kind.  The  landlord's  sheaves 
were  sometimes  stacked  in  the  tenant's  yard,  to  be  carted 
home  at  a  convenient  time.  The  teind  still  continued  to  be 
taken  by  the  landlord  separately  from  the  third  sheaf  or  rent. 
The  factor's  book  for  1649  contains  an  account  of  various 
"  third  "  or  rent  stacks,  thrashed  during  the  autumn  of  tliat 
year.  A  factor's  post  was,  in  those  days,  one  of  toilsome  work. 
During  harvest,  every  field  had  to  be  visited,  and  its  crop 
measured  for  the  settlement  of  "  third  "  and  "  teind  ; "  and 
after  the  harvest  was  over,  and  all  disputes  settled,  there  still 


16  ARNISTON  MEMOIRS.  [1638. 

remained  the  transport  of  the  produce  to  the  landlord's  yard 
and  barns. 

The  Arniston  family,  as  strong  Presbyterians,  took  a  great 
interest  in  Church  affairs ;  and,  during  her  son's  minority, 
Dame  Marie  frequently  appeared  before  the  Presbytery  of 
Dalkeith,  either  personally  or  by  a  representative,  to  maintain 
his  rights  as  a  heritor  in  the  parish  of  Temple.  For  instance, 
a  visitation  of  the  parish  took  place  on  the  22d  of  October 
1635,  "  when  wer  present  of  the  heretours  the  Lady  Arnistoune 
for  herselfe  and  her  sonne.""  It  was  stated  that  "  the  Lady 
Arnistoun  desyrit  that  sho  might  have  a  seat  in  the  east  end 
of  the  kirk  befoir  the  seat  under  the  loft,^  and  referred  the 
quantitie  and  space  therof  to  the  minister  and  brethren  then 
present,  who  designed  the  same  place  to  her  for  a  seat,  pro- 
vyding  it  hinder  not  the  entrie  to  the  back  seats  onder  tlie 
loft,  nor  thair  sight  of  the  minister.'"  ^ 

But  the  Presbyteries  were  soon  to  be  occupied  with  matters 
more  serious  than  the  settlement  of  disputes  as  to  the  pews  of 
heritors  in  country  churches.  The  mistaken  policy  of  Charles  i., 
in  attempting  to  establish  the  Episcopal  form  of  church - 
government  in  Scotland,  was  not  long  in  producing  its  inevi- 
table results.  The  whole  country  united  in  resisting  him.  The 
iirst  copies  of  the  National  Covenant  were  signed  in  the  spring 
of  1638  ;  and  before  the  close  of  the  following  year  the  power 
of  the  Covenanters  had  been  consolidated. 

The  National  Covenant  is  written  in  full  at  the  beginning 
of  the  third  volume  of  the  records  of  the  Presbytery  of 
Dalkeith  ;  and  after  the  signatures  of  the  ministers  come 
those  of  the  heritors.  Lords  Lothian,  Dalhousie,  and  Ross 
sign  first,  and  then  follows  the  name  of  "James  Dundas  of 
Arnistoune.'"*  The  date  of  his  signature  is  12th  December 
1639. 

In  July  1640,  the  young  laird  of  Arniston  was  made  an 
"  elder  "  of  the  Church  in  the  following  circumstances.  On  the 
occasion  of  a  Presbyterial  "  visitation  "  of  the  parish  of  Temple, 
the  minister,  the  Reverend  Robert  Couper,  stated  that  he 
earnestly  desired  the  help  of  the  civil  magistrate  "  in  matters 
of  Kirk  discipline."     The  lairds  of  Arniston  and  Temple  nomi- 

'  Gallery.  -  Records  of  the  Presbytery  of  Dalkeith. 


i64i.]  MAHUIAGE  OF  DUNDAS.  17 

iiatetl  their  bailies  to  assist  the  minister  on  tlieir  belialf.  It 
tlien  (KTurred  to  those  present  that  Dmuhis,  alonjr  witli  the 
hiird  of  Temple  and  'I'homius  Me«i[«^it,  laird  of  Coekpen,  should 
be  made  elders,  in  order  that  they  might  have  the  right  of 
sitting  in  the  Kirk-Session  with  the  minister.  They  were, 
acrordinglv,  then  and  there  appointed  elders,  and  "gave  their 
oath  to  be  faithful."  After  this  "  the  laird  of  Arniston ""  is 
fre(|uently  named  as  present  at  the  meetings  of  Presbytery. 

In  the  following  year  Dundjus  wjus  married  to  Mistress  Marion 
Boytl,  daughter  of  Robert,  l^ortl  IJoyd.  The  contract  wtis 
signed  at  Kdinburgh  on  the  12th  of  November  1641.  On  the 
part  of  the  gentleman,  the  consenting  parties  were  Sir  David 
Home  of  Wedderburn ;  George  Dundiis  of  that  Ilk ;  John 
Home  of  Blacader ;  James  Dowglas  of  Stanyjjeth  ;  and  Dame 
Mary  Home,  Lady  Arniston,  his  curators.  On  the  })art  of  the 
lady.  Dame  Christian  Hamilton,  I^idy  Boyd,  her  mother ;  John, 
I^rd  Lyndsay ;  Sir  Patrick  Hamiltoun  of  Prestoun  ;  Sir  John 
Sinclair  of  Stevinsone ;  ]Mr.  John  Sinclair,  his  son  ;  and  Alex- 
ander Moresone  of  Prestongrange,  her  curators.  As  jointure 
there  was  settled  upon  the  bride  the  lands  of  Newbyres, 
Ksperston,  and  an  annualrent  of  500  merks  from  the  lands  of 
Halkerston.  On  the  narrative  that  the  lands  of  Arniston  were 
entailed  upon  heirs-male,  it  was  provided  that  if  there  should 
only  be  daughters  of  the  said  marriage,  the  heir-male  succeed- 
ing to  the  lands  should  pay  to  the  said  daughters  the  sums  of 
money  following :  if  but  one  daughter,  20,000  merks ;  if  two, 
to  the  elder  15,000  merks,  and  to  the  younger  10,000  merks ; 
and  if  there  were  more  than  two,  to  the  eldest  12,000  merks, 
and  to  the  rest  18,000  merks  equally  among  them,  on  their 
attaining  the  age  of  fifteen  years  complete ;  and  in  the  mean- 
time he  was  bound  to  entertain,  educate,  and  upbring  the  said 
daughters  virtuously  and  honourably,  according  to  their  estates, 
until  they  should  attain  the  said  age.  The  bride''s  marriage 
portion  was  17,000  merks. 

This  marriage  took  place  while  Charles  i.  was  in  Scotland, 
on  that  visit  during  which  he  made  such  immense  concessions 
to  the  demands  of  the  Covenanters  in  regard  to  various  points 
in  the  constitution  of  the  Scottish  Government.  The  Parlia- 
ment, which  was  sitting  in  Edinburgh  in  November  1641, 
encroached    on    the    royal    prerogative    in    a   way   which    no 


18  ARNISTON  MEMOIRS.  [1646. 

monarch,  least  of  all  a  monarch  of  the  Stuart  line,  would 
have  tolerated,  had  it  not  been  evident  that  resistance  to 
the  popular  demands  was  impossible.  One  of  the  most  un- 
pleasant tasks  which  was  forced  upon  the  King  was  to  confer 
honours  and  offices  on  prominent  supporters  of  the  Covenant. 
The  Earl  of  Argyll  received  a  marquisate ;  Johnston  of 
Warriston  was  knighted ;  Hope  of  Kerse  was  appointed 
Justice-General ;  and  Balmerino  became  a  Lord  of  Session.  The 
newly  married  laird  of  Arniston  shared  in  the  good  things 
which  were  going,  as,  four  days  after  his  marriage,  the  honour 
of  knighthood  was  conferred  upon  him. 

For  some  years  after  this  Sir  James  Dundas  appears  to 
have  lived  quietly  at  Arniston,  engaged  in  the  management  of 
his  estate,  and  deeply  interested  in  parochial  business.  In 
1646  we  find  him  taking  a  very  active  part  in  a  case  of  church 
"  discipline."' 

The  Reverend  Robert  Couper,  parish  minister  of  Temple, 
was  examined  before  the  Presbytery  of  Dalkeith  on  a  charge 
of  tippling  and  swearing.  Among  other  witnesses — "The 
Lard  of  Arnolstoun,  being  inquyret  quhat  he  knew  anent  Mr. 
Robert  Couper,  his  miscarriage,  reported  he  hard  of  all  the 
particulars  quherof  he  wes  accuset  be  the  Synode,  and  more- 
over that  on  day  going  in  to  William  Knox's  to  ask  for  Mr. 
Robert  to  speik  with  him,  they  first  denying  him,  att  lenth  he 
fund  him  drinking  with  Master  Pont  and  William  Knox, 
whom,  after  he  had  called  furth  to  speik  with,  he  fund  him 
so  distemperet  that  he  was  forcet  to  leive  him,  for  verifeing 
quherof  he  desyret  to  cause  summond  William  Knox,  buik- 
seller,  and  Thomas  Ker,  his  owne  servant.'' 

After  several  depositions  by  other  witnesses  regarding  his 
playing  at  cards  with  the  laird  of  Temple,  and  uttering  "  profane 
small  oaths,"  Mr.  Couper,  "being  poset^  if  he  wes  drinking 
in  Simeon  Wilson's  house  excessively,  answered  that  cominge 
from  the  Newbyres,^  quher  he  had  been  visiting  the  old  Lady 
Arnolston,  he  met  with  the  lard  of  Temple,"  who  asked  him  to 
go  in  and  "  tak  an  drink." 

As  the  process  against  Mr.  Couper  went  on,  he  objected  to 

^  Asked. 

2  The  Tower  of   Newbyres  was  this   time  used   as  the   jointure   house  of 
Arniston. 


1646.] 


A  CASE  OF  CHURCH   DISCH^LINE. 


19 


"Sir  James  Diimlas  sitting  as  one  of  the  judges  in  the  aise — 
1st,  in  reganl  he  wes  cheiff*  accuser  befor  the  Synode  and 
Presbytery ;  2d,  he  had  never  athnonishet  him  in  private  of 
these  faults ;  .'3d,  that  he  had  alwayes  bein  his  secreit  eniinie ; 
4th,  that  he  had  deterrit  be  violence  his  stii)end  from  this  long 
tyme;  5th,  that  he  had  at  his  owne  table  in  Arnolston 
drunken  to  one  of  Mr.  Robert  his  partK'hiners  in  thir  teniies, 
'This  to  the  drunken  nnnister  and  elders  of  Temj)le/ '' 

The  record   of  Presbytery  goes  on — "Mr.   Robert   being 
reniovet,  the  lard  of  Arnolston  declaret  vnto  the  bretherin  that 


^^^>ft^lsS8ijte^: 


^,^:n>t^^J 


^'_^^i^ 


NEWBYKES    TOWER. 


for  the  matter  of  his  stepend  he  had  offeret  such  satisfaction 
as  wes  thought  sufficient  be  diverse  of  the  bretherin,  as  also 
that  he  had  regrated  to  sindrie  of  the  bretherin  Mr.  Robert 
his  miscarriage,  and  in  particular  to  Mr,  Patrik  Sibbald  quhen 
he  wes  at  Newcastle,  quhilk  Mr.  Patrik  declaret  to  be  so. 

"  The  lard  of  Arnolston  removet  willingly  desyret  that  he 
might  know  the  mynd  of  the  brethern  whither  they  thought  it 
expedient  that  he  should  sit  as  judge  or  no  in  Mr.  Robert 
Couper^s  business.  The  most  part  of  the  brethern  voycet  this 
way,  that  they  wish  he  would  be  pleaset  not  to  sit  as  judge 
in  that  business.     Quherwith  he  not  being  well  pleaset,  and 


20  ARNISTON  MEMOIRS.  [1646. 

desyring  if  he  were  reniovet  the  extract  of  the  act  of  his 
removal,  with  the  reasons  of  it,  the  brethern  sent  furth  Mr. 
Oliver  Colt  and  Mr.  Robert  Lichtoun^  to  deill  with  him,  and 
to  requeist  that  he  would  not  sit  as  an  judge  in  that  business. 
Quhilk  quhen  he  refuset,  they  desyret  (he  being  callet  in)  that 
he  would  give  his  oath  that  in  his  cariage  in  this  particular 
he  wes  frie  of  malice  and  splen,  and  had  nothing  befor  his  eyes 
bot  the  glory  of  God. 

"After  the  quhilk  oath  given  he  sat  as  judge,  bot  upon 
this  condition,  that  quhen  his  servants  and  tenents,  who  ar 
witness  against  Mr.  Robert,  shall  depon  he  should  remove 
himself,  quherviito  he  aggriet.'' 

In  the  course  of  the  depositions  tlie  laird  of  Temple  stated 
that  he  and  Mr.  Robert  Couper,  while  playing  at  cards,  drank 
*'  four  mutchkins  of  wine  sack  at  the  most,''  but  that  "  Mr. 
Robert  drank  not  immoderatly."*"* 

After  a  lengthy  trial  the  charge  of  actual  drunkenness  was 
found  not  proven ;  but  as  the  accused  had  been  guilty  of 
misdemeanours  he  was  j  udged  worthy  of  censure,  which  he  was 
to  receive  upon  liis  knees.  But,  on  being  called  in  for  this 
purpose,  he  became  so  outrageous,  and  so  insulted  the  Court, 
that  they  summarily  suspended  him  from  his  ministerial 
functions. 

In  October  following,  Mr.  Couper  gave  in  a  supplication 
confessing  and  regretting  his  "  miscarriage,''  when,  after  due 
consideration,  and  testimony  from  several  of  the  brethren, 
*'  and  especially  the  lard  of  Arnolston,"  that  he  had  behaved 
Christianly  since  his  suspension,  some  difference  of  opinion 
arose  as  to  whether  they  could  relax  him  from  the  sentence  of 
suspension  without  waiting  to  refer  the  matter  to  the  Synod, 
The  Presbytery,  with  the  exception  of  Mr.  Robert  Lichtoun 
and  Sir  James  Dundas  of  "  Arnolston,"  voted  for  immediate 
relaxation,  the  two  gentlemen  named  dissenting. 

In  the  meantime  great  events  had  taken  place.  The  Solemn 
League  and  Covenant,  formed  for  the  preservation  of  the 
reformed  religion  in  the  Church  of  Scotland,  and  the  reforma- 
tion of  religion  in  the  Churches  of  England  and  Ireland,  had 
been  adopted ;  and  in  support  of  this  compact,  in  addition  to 


^  Robert  Leighton,  afterwards  Archbishop  of  Glasgow. 


1648]  POLITICAL  STATE  OF  SCOTLAND.  21 

the  National  Covenant  of  1638,  tlic  j)eo})le  of  Scotland  were, 
on  the  whole,  united.  Hut  the  "  Enga<ijenient '' for  the  relief 
of  Cliarles  produced  innnediate  discord.  Some  Presbyterians, 
led  by  the  Duke  of  Hamilton  and  the  Piarl  of  I^iuderdale,. 
supported  it ;  but  the  majority,  led  by  Argyll  and  Johnston 
of  Warriston,  re<;arded  tlie  concessions  of  the  Kin^  jus  wholly 
inadecpiate,  and  bitterly  opposed  the  idea  of  making  terms 
with  him,  unless  he  submitted  entirely  on  all  questions  of 
religion  and  church-government.  Sir  James  Dumhus  was 
returned  to  Parliament  jus  one  of  the  mend)ers  for  Midlothian 
in  1()48.  But,  though  taking  this  prominent  position  in 
public  life,  he  had  apparently  not  signed  the  Solenm  I^eague 
and  Covenant  ;  and  it  wjus  not  until  1()50  that  he  did  so.  In 
that  year  the  Presbytery  of  Dalkeitli  tpiestioned  him  on  the 
subject,  when  he  stated  that  he  had  certain  scruples,  "  whereof 
he  desired  to  be  resolved.""  In  the  end  he  not  only  subscribed 
to  the  Solemn  League  and  Covenant,  but  also  declared  that 
he  regarded  the  Engagement  as  having  been  unlawful.  This 
position,  among  the  straitest  sect  of  the  Presbyterians,  lie 
afterwards,  as  will  be  seen,  maintained  in  spite  of  the  greatest 
temptations. 

On  the  overthrow  of  the  Royalist  cause,  and  the  triumph 
of  Cromwell,  the  Government  of  Scotland  was  completely 
changed.  The  Executive  in  Scotland  consisted  of  eight  Com- 
missioners, who  sat  in  Council  at  Dalkeith.  The  Court  of 
Session  was  abolished,  and  justice  was  administered  by  Com- 
missioners appointed  by  the  English  Government.  The  Church 
was  shorn  of  a  great  part  of  its  power  and  influence.  It  was 
the  boast  of  Clarendon  that  the  civil  government  of  Cromwell 
was  more  oppressive  to  the  people  of  Scotland  than  tlie  civil 
govennnent  of  Charles,  "  whilst  their  adored  idol.  Presbytery, 
which  had  pulled  off  the  crown  from  the  head  of  the  King, 
was  trod  under  foot  and  laughed  at ;  and  their  preachers,  who 
had  threatened  their  princes  with  their  rude  thunder  of 
exconnnunication,  disputed  with,  scoffed  at,  and  controlled 
by  artificers,  and  corrected  by  the  strokes  and  blows  of  a 
corporal.'^  Nevertheless,  the  English  Connnissioners  displayed 
more  tolerance  than  might  have  been  expected ;  and  the 
Presbytery  of  Dalkeith,  with  Cromwell's  Council  sitting  in 
their  midst,  seem  to  have  continued  their  ordinary  routine  of 


22  ARNISTON  MEMOIRS.  [1661. 

business — the  disputed  settlements,  the  cases  of  discipline,  and 
the  squabbles  about  the  heritors'  pews. 

Sir  James  Dundas's  mother,  Dame  Marie,  survived  the 
period  of  the  Commonwealth,  and  lived  to  witness  the  Restora- 
tion. Her  death  took  place  in  December  1661,  when  the 
following  funeral  letter,  which  has  been  preserved,  and  may 
be  thought  interesting  as  a  relic  of  social  customs  in  the 
seventeenth  century,  was  sent  out  by  her  son  : — 

Sir, — It  hath  pleased  God  to  take  my  mother  out  of  the 
troubles  of  this  lyf,  to  her  eternal  rest,  and  I  intend  the  burial 
of  her  corps  upon  Thursday,  the  second  of  Jari.  next,  whereunto 
I  shall  desire  the  favour  of  yr.  presence,  and  to  that  end  that 
you  wold  be  here  at  Arnestoune,  the  2d  day  by  ten  of  the  clock 
in  the  forenoon,  whereby  you  shall  oblidge  me  to  continue, — 
Sir,  Yr.  affectionate  friend, 

Arnestouve,  i-jth  Deer.  1661.  James  Dundas. 

Soon  after  his  mother's  death  Sir  James  entered,  for  a 
short  time,  into  that  competition  for  office  which,  after  the 
Restoration,  engrossed  the  attention  of  so  many  public  men  in 
Scotland.  The  part  which  he  took  was  highly  honourable, 
and,  as  will  be  seen  in  the  next  chapter,  formed  a  marked 
contrast  to  the  conduct  of  too  many  of  his  fellow-countrymen. 


/^m^s  vmm^ 


CHAPTKH  IV. 
THE  FIRST  I,ORl)  AUNISTON — continued. 

The  Commissioners  who  had  administered  justice  in  the 
Supreme  Court  of  Scotland  durin<r  tlie  Connnon wealth,  cetised 
to  act  on  the  eve  of  the  Restoration  ;  and  the  Court  of  Session 
was  soon  re-established  on  its  old  footing.  William,  Earl  of 
Glencairn,  became  Lord  High  Chancellor ;  and  among  his 
colleagues  on  the  bench  were  several  men,  distinguished  either 
for  their  legal  knowledge  or  for  the  zeal  with  which  it 
was  expected  they  would  promote  the  sinister  projects  of  the 
new  Government.  The  Lord  President  was  Sir  John  Gilmour 
of  Craigmillar,  one  of  the  ablest  advocates  who  ever  graced 
the  bar  of  Scotland.  Sir  Archibald  Primrose  of  Carrington, 
afterwards  the  author  of  the  "  Act  Rescissory,'"*  obtained  a 
seat  on  the  bench.  So  did  the  famous  Sir  James  Dalrymple 
qf  Stair,  Sir  Robert  Murray  of  Craigie,  the  intimate  friend  of 
Lauderdale,  and  Sir  George  Mackenzie  of  Tarbet,  afterwards 
Earl  of  Cromarty. 

While  the  vacant  judgeships  were  being  filled  up.  Sir  James 
Dundas  applied  to  be  made  a  Lord  of  Session,  and  his  friend  and 
cousin,^  Sir  Alexander  Hume,  undertook  to  bring  the  request 
under  the  King's  notice.  It  was  favourably  received  :  "  You 
shall  know  in  short,''  writes  Sir  Alexander  in  the  following 
spring,  "  that  upon  the  first  motion  I  made  to  the  King  in  your 
behalf  for  the  vacant  place  in  the  Session,  I  had  a  very  good 
answer,  but  no  positive  grant,  the  King  suspending  his  deter- 
mination until  he  should  have  my  Lord  Middleton's  advice  in 


^  As  Sir  Alexander  styles  himself  the  nephew  of  the  first  Lord  Arniston's 
mother,  he  must  have  been  a  grandson  of  George  Home  of  Wedderburn, 
whose  daughter  Mary  married  Sir  James  Dundas  of  Arniston,  Governor  of 
Berwick. 


24  ARNISTON  MEMOIRS.  [1662. 

it,  wliich  was  rational  enough  in  regard  of  the  trust  he  had 
given  him  in  his  affairs  of  that  kingdom/''  By  the  mediation 
of  powerful  friends,  the  Lords  Crawford  and  Lauderdale,  the 
Secretary  was  brouglit  to  concur  in  recommending  Sir  James 
Dundas  to  the  King,  as  a  "  well  qualified,  loyal,  and  well 
affected  person/'  Wliereupon,  continues  Sir  Alexander,  "  having 
this  day  spoken  with  tlie  King,  his  Majesty  hath  told  me  he 
will  give  you  the  place/'  Sir  Alexander's  next  letter,  after 
mentioning  tlie  good  offices  of  friends  in  London,  introduces  a 
new  topic : — 

Sir  Alexander  Hume  to  Sir  James  Dundas. 

London,  17  May  1662. 

Now  Cosen,  I  must  (but  under  this  caution  that  no  man 
living  know  what  I  write  you),  acquaint  you  with  one  thing  that 
hath  been  discoursed  by  some  here,  that  when  you  have  the  King's 
grant  of  the  place  you  may  probably  refuse  to  accept  of  it  upon 
sucli  terms  as  all  that  excerce  any  public  office  in  that  kingdom 
must  submit  to,  which  is  to  subscribe  a  Declaration  that  is  expected 
to  be  enjoyned  by  the  Parliament,  wherein,  amongst  other  things, 
it  is  believed  the  Covenant  is  to  be  renounced,  wherein  I  hope  so 
wise  a  man  as  you  will  make  no  scruple,  for  to  pass  by  the  evil 
consequences  and  sad  calamities  that  have  followed  upon  the 
Covenant,  which  miay  justly  make  all  men  out  of  love  with  it,  I 
conceive  that  even  those  who  approve  of  the  contents  of  it  would 
make  no  difficulty  of  submitting  to  the  authority  of  Parliament  in 
renouncing  that  instrument,  which  will  in  nowayes  inferr  a  receding 
from  any  point  of  it,  which  they  hold  themselves  in  conscience 
bound  to  believe  or  practice  ;  there  being  without  question  some 
points  in  it  (such  as  maintayning  the  true  religion,  and  defending 
the  King's  person,  and  divers  others),  which  all  men  will  confess 
ought  to  be  inviolably  observed,  notwithstanding  of  the  renuncia- 
tion to  be  enjoyned  which  can  signify  no  more  but  a  disowning  of 
that  formall  act  as  any  tye  upon  them.  This  I  trust  will  be  your 
excuse  in  that  matter,  and  that  you  will  not  by  needless  scruples 
disable  yourself  from  doing  God,  your  prince,  and  countrie  such 
useful  service  as  you  may  be  capable  of,  in  the  employment  you 
are  called  to. 

I  presume  you  have  heard  the  news  of  our  Queen  ^  being 
landed  at  Portsmouth.  Next  Monday  the  King  goes  to  her, 
and  will  bring  her  to  Hampton  Court  by  this  day  se'night. 

^  Queen  Catherine. 


1663]      THK  DECLARATION  TO  BE  ENFORCED.  25 

A  few  days  later,  writing  on  the  same  subject,  Sir  Alex- 
ander adds : — 

"The  Kin^  hath  been  here  (Hampton  Court)  some  days  with 
the  Queen,  who  is  a  very  lovely  person,  and  the  King  extremely 
satisfyed  with  her." 

Sir  Alexander  Hume  to  Sir  James  Dundas. 

November  ^t  1662. 
I  have  received  yours  of  the  17th,  whereby  you  let  me  know 
you  are  in  some  hope  the  Dechiration  will  not  at  this  time  be 
urged  upon  those  of  your  order,  and  if  it  be  so,  it  is  very  well,  for 
then  you  will  have  time  to  consider  what  is  fitter  for  you  to  doe. 
I  am  very  confident  some  others  whom  you  think  to  have  scruples 
will  overcome  them,  namely  a  person^  of  near  relation  to  your- 
self, whom  you  mentioned  in  your  last,  he  being,  as  I  am  informed 
by  a  discreet  man  that  is  intimate  with  him,  resolved  to  take  the 
Declaration,  as  I  could  heartily  wish  that  you  might,  and  hope  you 
will  if  it  be  required  of  you. 

On  the  7th  of  August  1663,  Parliament  passed  an  Act 
ordaining  that  no  2:)erson  who  had  not  subscribed  a  formal 
renunciation  of  the  Covenant,  should  "  exerce  any  publick  trust 
or  office  within  the  kingdom  after  the  elevent  of  November 
nextocum.'' 

The  following  letters  show  the  negotiations  which  passed 
between  Sir  James  Dundas  and  Sir  James  Dalrymple,  on  the 
one  hand,  and  those  who  acted  for  the  King,  on  the  other 
hand,  with  the  view  of  finding  some  means  of  both  satisfying 
the  King  and  saving  the  consciences  of  those  whom  he  appointed 
as  judges : — 

Sir  James  Dalrymple  (of  Stair)  to  Sir  James  Dundas. 

Edr.,  Sptr.  12,  1663. 
Mv  Lord, — Since  I  saw  you  I  have  spoken  at  large  with  the 
Lord  Commissioner  and  my  Lord  Secretar.  I  beleve  they  ar  als 
desyrous  to  favour  us  as  we  can  wish.  That  explanation  I  am  fre 
to  sign  the  Declaration  with,  non  can  say  it  should  or  in  ther  sense 
doeth  comprehend  mor.       If  after  they  sie  the  King,  anything 

*  Sir  James  Dalrymple,  afterwards  Lord  Stair. 


26  ARNISTON  MEMOIRS.  [1663. 

may  be  done,  it  will  be  signifyed  to  us  what  you  understand 
farther  from  tyme  to  tyme,  pi'ay  you  let  me  hear  it  from  you  by  a 
line ;  the  Widinsdayes  weeklie  post  will  carrie  it,  so  that  you  need 
not  want  ocasione.  Remember  my  service  to  that  noble  gentle- 
man, your  friend  Sir  Alex'.  Home,  and  to  your  good  lady ;  so  rests 
your  Lordship's  real  friend  and  servant,  J\.  Dalrymple. 

Sir  James  Dalrymple  to  Sir  James  Dundas. 

Edr.,  SepL  12,  63. 
My  Lord, — Since  my  last  of  this  dayis  date,  upon  the  second 
thoughts  of  some  of  our  eminent  friends,  it  is  desyred  that  we 
shuld  goe  up  to  London  (though  on  pretence  of  other  affairs), 
which  they  doe  conclude  as  very  little  dubious,  to  atain  our 
desyres.  I  durst  on  a  sudden  say  nothing  to  it,  bot  I  am  to  think 
upon  it.  It  was  the  motione  befor,  bot  ther  is  non  of  us  can 
suplie  for  the  other  ther ;  seeing  our  only  way  is  expected  to  be 
that  we  have  given  his  Majestic  satisfactione  ther.  I  doe  therfor 
lay  it  befor  you  that  you  may  think  upon  it,  and  if  you  relish  it, 
put  yourself  in  readines  and  be  ther  with  your  friends.  It  is  the 
greater  incouragment  for  us  that  non  of  our  great  men,  thogh  dis- 
cording in  other  things,  may  differ  in  this,  that  we  be  looked  over 
in  such  a  matter.  If  I  had  no  mor  difficulties  then  you,  1  wold 
doe  it,  bot  my  poor  wiffe  is  near  her  ly  in,  that  will  so  retard  me 
as  that  tym  cold  hardlie  suffice  for  me  to  goe,  and  returne  in 
tyme.  You  will  by  the  Air  post  comunicat  your  thoghts  and  pur- 
poses to.  Your  really  affectionate  friend,  Ja.  Dalyrmple. 

Sir  James  Dalrymple  to  Sir  James  Dundas. 

Stair,  Sej>^r.  21,  1663. 
My  Lord, — Yours  of  the  l6th  instant  I  receaved.  You  have 
conjectured  aright  of  thes  tuo  friends  who  wer  thinking  upon  oar 
concernments ;  I  am  fully  of  your  mynd,  that  ther  is  nothing  to  be 
done  till  they  goe  up,  and  that  then  the  easiest  and  securest  way 
for  us  wer  that  our  busines  wer  moved  ther,  and  we  both  called 
(if  need  wer),  thither  to  doe  what  wer  necessar,  onlie  a  man  is  a 
lyon  in  his  owne  caus,  and  will  keepe  it  afoote  till  ther  be  some 
issue.  I  leave  that  to  your  prudent  consideratione,  bot  trewlie 
I  am  not  in  any  freedome  to  leave  this  place  till  I  know  what 
becomes  of  my  wife,  who  besyde  the  hazard  of  chyld  birth  is  very 
unweell  and  in  great  hazard  otherwayes.  I  know  you  ar  a  kynder 
husband   then   to    think    that    can   be   dispensed    with,    bot    my 


1663.]  SIR  JAMES  DALRYMPLKS  PLAN.  27 

opinione  wold  be  that,  without  any  noise  of  going  till  some  tym  after 
our  great  ones  wer  up,  I  might  give  a  compt  of  publick  affaires, 
yourself  went  up;  you  have  not  yet  seen  the  King  since  he  came 
home.  And  oftymes  the  (autumn)  uses  to  be  als  good  wether  as 
any  in  the  year.  I  sould  be  haartilie  glad  you  wer  presented 
whatever  come  of  me,  and  I  am  suir  you  might  be  helpful  to  both, 
whatever  you  doe.  Let  the  medium  thought  uj)on  be  als  little 
known  as  possible,  least  thes  who  will  be  against  it  mor  for  the 
example  of  it  then  for  our  interest  in  it,  prevent  it.  The  termes  I 
think  safest  and  cleirest,  I  have  inclosed  ;  let  me  hear  your  resolu- 
tion, and  remember  me  to  your  lady  and  all  friends  to  whom  you 
think  fit  to  mention.     Your  really  aff'ectionat  friend  and  servant, 

J  A.  Dalhvmple. 

In  tiiis  letter  Sir  James  Dalryniple  encloses,  written  on  a 
slip  of  paper,  the  words  which  he  proposed  to  add  to  the 
Declaration,  and  which  he  thought,  as  he  expresses  it,  "  safest 
and  cleirest.'^  The  Declaration  (to  be  taken  by  all  persons  in 
positions  of  public  trust)  was  to  the  effect  that  it  was  unlawful 
for  subjects  to  enter  into  Leagues  and  Covenants,  and,  in 
particular,  that  the  National  Covenant  of  1638  and  tlie  Solemn 
League  and  Covenant  were  "  unlawful  oaths,  and  were  taken 
bv,  and  imposed  upon  the  subjects  of  this  kingdom,  against 
the  finidaniental  laws  and  liberties  of  the  same.'"  The  words 
which  Dalryniple  proposed  to  add  were,  "  I  do  declare  against 
the  actings  above  written  in  so  far  as  they  were  against  the 
law,  and  against  the  oaths  and  obligations  aforesaid,  as  they 
are  construed  to  import  any  obligations  to  act  or  endeavour 
against  law.^^ 

In  the  following  letter  Sir  Alexander  Hume  conveyed  to 
Dundas  the  King^s  refusal  to  accept  a  qualified  subscription  to 
the  Declaration : — 

Sir  Alexander  Hume  to  Sir  James  Dundas. 

Westminster,  this  Tuesday  -^d  A'oz'em her  16^. 
Mv  Lord, — Yesternight,  late,  I  received  yours  of  the  26th 
Octob.,  with  an  enclosed  for  the  B.  of  Dumbl.^  to  w*^''  if  he  hold 
his  promise,  you  will  receive  an  answer  herewith.  I  had  upon  my 
journey  much  ill  wather  and  bad  way,  yet,  thanks  be  to  God,  I 
got  safe   hither  on  Wednesday  last  the   28th,   without   any   ill 

^  Robert  Leighton,  Bishop  of  Dunblane  (1661-70). 


28  ARNISTON  MEMOIRS.  [1663. 

accident,  whereof  I  should  have  given  you  notice  sooner,  but  that 
I  deferred  untill  I  might  withall  let  you  know  the  arrival!  of  our 
great  men,  whom  I  expected  every  day,  yet  they  came  not  till 
yester  night  about  six  o'clock.  They  went  immediately  to  the 
king,  who  gave  them  a  very  gratious  reception,  and  talked  with 
them  both  together  about  an  hour  or  thereby.  Upon  their  with- 
drawing from  the  king,  I  waylaid  upon  them  at  my  Lord  Lauder- 
dale's loging  in  the  Court,  but  forebore  at  that  time  to  say 
anything  to  them  concerning  you,  untill  I  should  understand  from 
you  upon  what  terms  you  left  them,  whereof  your  letter  that  I 
received  afterward  did  inform  me.  So  this  morning  early,  I  went 
to  them  both,  and  found  Lauderdale  newly  comed  out  of  bed,  and 
Rothes  afterwards  still  in  bed.  I  spoke  to  them  both  very 
earnestly  concerning  your  business,  and  Lauderdale  told  me  of 
the  signed  paper  you  had  sent  with  him,  wherein  both  of  them 
have  promised  at  the  very  first  opportunity  to  speak  jointly  with 
the  king,  this  night  if  it  be  possible,  but  seem  both  of  them  to 
have  small  confidence  of  the  success,  the  king  having  absolutely 
refused  to  accept  my  Lord  Crawford's  subscription  with  any 
manner  of  qualification,  but  punctually  as  the  words  lye.  Upon 
this  answer  from  them  I  went  and  found  out  the  B.  of  Dumbl.,i 
and  having  given  him  your  letter,  spoke  at  great  length  with  him 
of  the  thing,  and  found  him  as  you  described  him,  very  much 
inclined  to  moderation,  and  against  all  rigid  courses,  but  without 
any  hope  that  the  king  can  be  moved  to  dispense  in  any  sort  with 
the  acte  made  in  that  behalf.  And  for  his  speaking  with  the 
king  in  it,  he  declines  it  altogether,  having  seldom  or  never  as  he 
sayeth  taken  the  freedom  to  speak  with  the  king  in  any  business, 
and  rarely  made  any  other  address  to  him  but  to  kiss  his  hands  at 
coming  or  going.  All  that  he  thinks  proper  for  him  to  doe  is  to 
speak  with  Rothes  and  Lauderdale,  and  endeavour  all  he  can 
either  by  his  advice  for  moderation  in  generall,  or  by  recommend- 
ing your  person  and  my  Lord  Stair  in  particular,  to  dispose  them 
to  be  earnest  with  the  king  for  procuring  an  exemtion  to  you 
both  from  the  acte.  And  to  this  purpose  he  sayeth  he  will  make 
all  the  haste  he  can  to  see  them,  as  soon  as  he  can  possibly  absent 
himself  for  an  hour's  time  from  his  brother,  who  is  at  present 
lying  sick  of  a  fever  and  flux  in  great  extremity.  In  his  discourse 
to  me  he  said  one  thing,  which  to  me  seemed  very  rational],  that 
he  thought  the  qualification  you  desired  to  insert  (of  disown- 
ing the  particulars  there  mentioned,  in  so  far  as  they  were  against 

^  Bishop  Leighton. 


1663.]     PRESSP:D  to  renounce  the  covenants.     2c) 

law,  and  disclaiming  all  ordinances  that  may  lead  to  the  disturb- 
ances of  the  publick  peace)  is  altogether  superfluous,  seein^r  the 
meaning:  of  the  declaration  can  be  in  effect  no  other,  and  no  acting 
can  thereby  be  understood  to  be  disowned,  but  such  as  were 
against  law,  nor  any  ordinances  disclaimed  but  such  as  are 
seditious.  Which  if  you  will  take  into  serious  consideration, 
together  with  what  I  have  formerly  urged  when  we  were  together, 
and  consult  your  own  judgement  maturely  in  it,  I  do  yet  hope 
that  you  may  overcome  your  scruples  and  subscribe  the  declara- 
tion simj)ly  as  it  stands,  without  addition  of  that  postscript, 
though  you  may  at  the  subscribing  of  it,  by  mouth  declare  the 
sense  in  which  you  think  it  is  to  be  understood,  which  doubtless 
will  be  equivalent  as  if  you  should  put  it  in  writing.  Yr.  Lop's, 
most  affectinat  and  humble  servant,  A.  Hume. 

lAnd  Arnistcm  wjus  not  prepared  to  make  the  recpiired 
renunciation,  and  did  not  take  his  seat  on  the  bench  after  the 
Ttli  of  November  1663.  On  the  18th  of  November,  the  renun- 
ciation wtis  signed  by  all  the  judges  present^  twelve  in  number, 
which  was  reported  to  the  King.  His  Majesty  offered  to  allow 
time  for  subscribing  the  Declaration,  but  was  determined  that 
subscription  should  be  enforced. 

Sir  Alexander  Hume  to  Sir  James  Dundas. 

London,  8///  Decemb.  1663. 
My  Lord, — Having  at  this  instant  written  another  letter  to 
you,  by  advice  of  Mr.  William  Sharpe,  lest  that  should  mis- 
carry-, or  be  slow  of  coming  to  your  hands,  I  send  this  by  the 
usual  way,  to  let  you  know  that  having  been  this  evening,  as 
my  custom  is  every  post  night,  with  my  Lord  Lauderdale,  he  told 
me  he  could  now  give  me  an  account,  but  not  such  as  he  wished, 
of  the  business  I  came  to  inquire  of,  which  was,  that  the  king,  not- 
withstanding all  that  could  be  sayd  to  persuade  him,  would  upon 
no  terms  yield  to  accept  of  that  explanation  in  writing  which  you 
desire  to  subjoyn  to  the  declaration,  as  you  will  understand  by  a 
letter  more  at  length  that  my  lord  hath  writte  to  you  himself, 
which  he  showed  me.  This  answer  I  did  expect,  but  I  confess  I 
am  deceived  in  one  point,  for  I  did  believe  advantage  would  have 
been  taken  against  all  that  failed  at  the  day  a])poiuted,  and  their 
places  disposed  immediately  without  admitting  of  their  subscrip- 
tion after  that  day.  But  it  seems  the  king  is  so  gratious  as  to 
leave  place  still  for  such  as  will  yet  comply  with  the  law,  and  to 


30  ARNISTON  MEMOIRS.  [1663. 

that  end  is  forthwith  to  send  order  to  the  Lord  Chancellor  to  call 
for  all  the  absent  members  of  the  house,  and  urge  them  to  declare 
whether  or  no  they  will  subscribe  simply  without  any  addition  or 
explanation  in  writing,  and  such  as  shall  then  refuse  immediately 
to  declare  their  places  voyd,  and  returne  an  account  to  his  majesty. 
And  it  is  withall  a  curtesy  in  my  Lord  Lauderdale  to  keep  up  the 
king's  order  for  some  days,  and  in  the  meantime  to  give  my  Lord 
Stair  and  yourself  notice  of  it,  that  you  may  not  be  surprised  at  it. 
Now,  I  trust  this  grace  of  the  king's  and  his  lordship's  civility  will 
work  that  effect  with  you  both  for  which  it  was  intended,  and  that 
at  last  your  eyes  will  be  opened  to  see  there  can  be  no  difference 
in  reason  or  conscience,  between  writing  and  speaking  the  same 
words  you  desire  to  subjoine,  which  is  the  clear  opinion  of  all  I 
have  spoke  with  about  it ;  and  amongst  others  of  Sir  Robert 
Morry,  who  was  present  this  night  when  I  spoke  with  my  Lord 
Lauderdale.  And  for  any  explanation  of  that  kind  you  shall 
desire  to  make  by  tongue,  it  will  not  be  denyed.  But  for  setting 
any  such  thing  in  writing,  and  so  have  the  declaration  subscribed 
in  different  wayes,  the  king  looks  upon  it  as  making  party  against 
party,  and  believes  it  a  thing  of  dangerous  consequence,  wherein  1 
find  all  men  here  concur  in  his  judgement.  And  whatever  ground 
you  may  have  to  be  scrupulous  in  the  thing,  yet  I  assure  you,  if 
you  refuse  to  subscribe  the  declaration  in  the  same  way  as  the 
parliament,  and  councill,  and  all  the  Lords  of  Session,  except  your- 
selves, have  done,  it  will  be  interpret  by  the  king  and  by  all 
impartiall  men,  as  a  factious  inclination  which  is  a  scandal  that 
worthy  patriots  and  loyall  subjects,  as  you  two  ar,  I  trust  will 
avoyd  to  incurr.  And  this  consideration  above  all  that  I  formerly 
said,  I  hope  will  prevaile  with  you  not  to  desert  the  station 
wherein  God  hath  placed  you,  and  wherein  you  may  have  occasion 
to  doe  God  and  your  king  and  your  Cuntrie,  and  your  friends 
acceptable  and  usefull  service. ^ 

Earl  of  Lauderdale  to  Sir  James  Dundas. 

Whitehall,  2,th  of  Deer.  1663. 
My  Lord, — At  my  first  arrivall,  having  found  the  king  avers 
from  such  a  declaration  as  y""  Lo.  wold  put  in  wryting,  and  know- 
ing y'  absence  secured  you  from  being  put  to  it,  I  delayed  urging 
his  maj^'^^  positive  resolution  untill  I  could  doe  it  conveniently. 
And  now  within  these  2  dayes  I  have  his  positive  order  to  let  you 
know  that  he  cannot  admitt  of  explanation,  becaus  that  were  posi- 

^  This  letter  is  unsigned. 


1663.]  LEITER  FROM  LAUDERDALE.  til 

lively  to  state  a  partie  of  those  who  doe  subscribe  as  the  hiw  requires 
&  of  those  who  subscribe  with  exphmations.  This  his  Maj*'"=  will 
on  no  termes  admitt  because  of  the  example,  and  I  am  comanded 
to  prepare  an  order  to  the  Session  to  put  all  their  members  to  a 
positive  answer.  But  befor  I  sent  it,  I  thought  it  my  dewty  to 
give  you  this  warning  that  you  might  be  not  surprised.  I  doe 
not  need  I  hope  to  profess  my  respects  to  you  nor  my  desire  to 
serve  you.  From  that  consideration,  I  who  am  elder  must  entreat 
you  to  consider  well  before  you  abandon  your  station ;  and  this 
freedom  I  hope  you  will  take  well  from.  My  Lord,  y'  affectionate 
friend,  Lauderdaill.^ 

The  following  letter,  which  was  Sir  James's  reply  to  Lord 
Lauderilale's  letter  of  the  8th  December  1663,  is  coj)ied  from 
the  original,  now  in  the  possession  of  Richard  Ahnack,  Esq.  of 
Melford,  Suffolk:— 

Sir  James  Dundas  to  the  Earl  of  Lauderdale. 

16///  Dec.  63. 

Mv  Noble  Lord, — I  received  your  Lordship's  of  the  8  dayes 
date  yesterday  in  the  aftemoone,  by  which  I  understand  that 
ydur  Lordship  hath  been  pleased  not  only  to  move  the  business 
you  writ  of  once  and  againe  to  the  king,  but  also  to  watch  oppor- 
tunities of  doeing  it  to  the  best  advantage.  And  as  if  al  this  wer 
to  smal  a  testimonie  of  your  respects  for  me,  yow  ar  likewise 
pleased  to  give  me  ane  express  advertisement  of  the  event  that 
I  should  not  be  surprised  by  hearing  it  in  a  way  which  I  cannot 
evite. 

My  Lord,  soe  verie  great  favor  calleth  for  a  greater  acknow- 
ledgement than  I  am  able  to  make,  and  not  the  lesse  that  the 
successe  hath  not  been  answerable  to  your  Lordship's  desires  and 
endevours  ;  soe  I  can  verie  frely  say  caveat  successibus  quisquis  ab 
eventu.  And  not  to  misspend  your  Lordship's  time  (which  all  men 
know  to  be  taken  up  with  far  greater  things),  I  doe  in  a  word 
return  your  Lordship  most  heartie  thanks  for  this  and  all  your 
favors ;  and  if  ever  I  shall  be  soe  happie  as  to  have  an  opportunitie 
to  doe  you  service,  I  hope  I  shall  not  be  capable  of  that  unworthi- 
ness  as  to  be  found  forgettful  therof,  who  now  subscribe  myself 
most  sincerely,  y'  Lordship's  most  humble  and  obliged  servant, 

James  Dundas. 


'  Second  Earl,  and  afterwards  Duke  of  Lauderdale,  Secretary  of  State  and 
President  of  the  Council. 


S2  ARNISTON  MEMOIRS.  [1664. 

On  the  19th  December  1663  the  King  wrote  to  the  Privy 
Council,  ordering  them  to  "  requyre  the  Senators  of  our 
College  of  Justice  to  appoint  a  short  day,  on  which  the  absent 
Senators  and  other  members  may  either  subscribe  or  refuse,  to 
the  end  wee  may  take  care  for  supplying  the  places  of  such 
as  shall  on  that  account  forsake  their  station.*" 

The  Lords  accordingly,  on  tlie  5th  January  1664,  "  did 
assigne  ane  certaine  day  for  cache  of  the  absent  Lords,  con- 
forme  to  their  severall  distances  to  come  in  and  give  their 
positive  answer  either  as  to  the  subscrybing  or  refusing  of  the 
declaration  aforsaid  ;  viz.,  to  the  Lord  Arneistoune,  the  eight 
of  January  instant,  and  to  the  Lords  Staire  and  Bedlay,  the 
nynteinth  day  therof,  and  to  the  Lord  Tarbett,  the  second  of 
February  nixt."" 

In  reply  to  the  letter  from  the  Chancellor,  assigning  the 
eighth  day  of  January  instant  for  subscribing  or  refusing  the 
Declaration,  Sir  James  wrote  as  follows  : — 

Sir  James  Dundas  to  the  Lord  Chancellor. 

Arnistoun,  ']thjaii.  1664. 
May  it  please  your  Lordship, — I  did  some  weekes  agoe  send 
a  demission  of  my  place  in  the  Session  to  the  Court,  which  I  hope 
befor  this  tyme  is  presented  to  the  king's  most  sacred  Majestic, 
whereby  I  am  altogether  incapacitat  to  give  obedience  to  the 
Lords  of  Session  their  commands  laid  upon  me  as  one  of  their 
number  by  their  letter  of  the  fift  of  this  instant,  signed  by  your 
Lordship  in  their  name.  This  I  hope  will  excuse  me  for  not 
waiting  upon  their  Lordships  on  Friday  next  according  to  their 
appointment,  and  shall  entreat  their  Lordships  may  believe  that, 
though  I  shall  noe  longer  be  able  to  serve  them  as  a  publick 
minister,  yet  I  shall  never  omitt  anything  shall  be  in  my  power  as 
a  private  man,  whereby  I  may  witness  the  deep  sense  I  have  of 
their  Lordship's  civilitie  and  kindnesse  to  me,  while  I  had  the 
honour  to  sitt  amongst  them,  which  can  never  be  forgotten  by — 
My  Lord,  y*"  lordships  most  humble  servant,  James  Dundas. 

On  this  letter  being  read,  the  Court  pronounced  the  follow- 
ing sentence : — 

"  The  Lords  having  considered  the  Act  of  Parliament,  with 
his  Majestie's  letter,  and  the  above  written  answer  to  the  Lord's 


1664.]  RRSKJNATION  OF  LOUD  AUNISTON.  33 

owne  letter,  they  declare  the  said  Sir  James  Duudas  his  place  as 
ane  of  the  Lords  of  Session  vacant." 

On  tiie  15th  .January  1664,  Lord  Stair  wrote  from  Ayr  to 
the  I^rd  Chancellor  in  much  the  same  terms  as  I^)rd  Arniston, 
and  his  place  was  in  the  same  manner  declared  vacant. 

I^)rd  Iknllay  wjus  excused  on  the  ground  of  ill-health,  and 
his  declaration  of  willingness  to  make  the  required  renuncia- 
tion. I^)rd  Tarbett  had  already  made  the  renunciation  in  his 
j)lace  in  Parliament. 

Sill  James  Daluvmple  lu  Siii  James  Dundas. 

Stair,  Febr.  15,  1664. 
My  Lord, — Your  last  cam  bot  on  of  thes  dayes  to  my  hand. 
As  to  your  desyre  of  my  coming  east  in  March  to  put  some  poynt 
to  the  difference  betwixt  my  Lord  Lothian  and  you,  I  will  not 
have  my  hoi*ss  to  shoe  when  you  have  to  doe,  bot  I  think  a  little 
further,  in  the  year  when  wether  is  fairer  and  the  day  longer,  will 
be  better.  It  is  no  small  difficulty  to  draw  me  to  Edinbrugh 
voyage.  1  much  mor  inclyne  if  your  convenience  so  be  to  wait 
upon  you  at  Laurike,  near  my  Lord  Lea's,  who  is  to  be  spared  in 
travel  als  much  as  you  can.  We  will  be  freer  of  diversion  ther 
than  at  Ed^  A  night  or  two  will  serve  in  either  case,  my 
kyndnes  and  confidence  made  me  so  free  with  you  in  my  last  as 
not  to  conceale  the  observatione  of  others ;  if  thereby  you  appre- 
hend that  I  laid  blaime  on  you,  indeed  it  was  far  from  my  thought, 
bot  it  is  my  rejoycing  to  have  a  sharer  in  my  lot,  whom  I  honor 
and  love  so  much,  thogh  lyke  motives  moved  us  both  without  our 
premoving  either  the  other.  Remember  my  service  to  your 
ladle. — I  sal  ever  continue  your  faithful  friend  and  servant, 

J  A.   Dalrymplk. 

Sir  James  Dalrymple  to  Sir  James  Dundas. 

(From  London.) 
My  Lord, — I  beleive  you  will  thinke  it  strange  to  hear  of  me 
from  this  place,  it  is  even  strange  to  myself,  who  had  resolved 
retirement,  bot  being  called  hither  by  friends,  upon  finding  of  the 
kings  kyndnes  continowed  with  me  and  hopes  of  his  favour  to  me, 
I  obeyed,  thogh  I  knew  no  particular  (reason)  that  I  did  not  come 
be  you,  bot  keept  Carleell  way,  wherbye  I  was  als  neir  London  as  is 
Ed"".  I  sal  at  meeting  fully  satisfie  you  in  that,  and  that  this  is 
the  first  advertisement,  you  may  be  assured  I  shall  not  be  forget- 


34  ARNISTON  MEMOIRS.  [1664. 

ful  of  you,  bot  sal  doe  for  you  as  you  wer  my  brother,  I  cannot  say 
what  I  can  doe  for  myself  or  any  other,  bot  I  am  suir  I  shall  doe 
for  you  whatever  I  can.  I  am  bot  new  come  hither,  and  not  yet 
in  a  rite  postur  to  sie  any  bodie  or  doe  anythinge,  bot  when  I  come 
to  any  ishue  or  expectatione,  you  sal  be  acquainted  with  it  from 
your  real  friend  and  humble  servant,  J  a.  Dalrymple. 

Send  your  letter  to  Daniel  Dalrymple,  at  Mr.  John  Hay's 
chambers,  or  Master  James  Ross,  at  William  Ros,  Wryter  to  the 
Signet  his  chambers. 

Sir  Alexander  Hume  to  Sir  James  Dundas. 

Westminster,  18  A/>r.  1664. 
My  Lord, — I  suppose  that  knowing  of  my  Lord  Stair's  being 
here,  you  may  expect  to  receive  some  account  of  his  proceedings, 
which  he  was  proposed  himself  to  have  given  you  by  this  post, 
but  that  he  is  invited  this  night  to  my  Lord  Lauderdale's  countrie 
house  at  Highgate,  some  four  miles  out  of  town,  from  whence 
they  are  to  returne  on  Monday  next.  Before  his  going  out  he  was 
with  me,  and  told  me  he  had  this  morning  a  large  conference 
with  the  king,  being  the  first  time  he  saw  him,  to  whom  he  made 
an  ingenous  declaration  of  the  motives  that  induced  him  to  make 
scruple  of  the  subscription  required  of  all  in  publick  trust,  which 
he  assured  his  mat*^  did  not  proceed  from  any  want  of  loyalty. 
The  particulars  he  had  not  time  to  tell  me,  only  in  general  he 
sayd  the  king  was  very  civile  to  him,  and  told  him  he  would  be 
very  sory  that  he  should  desert  his  service.  So  at  that  time  there 
was  no  conclusion  made,  but  he  is  not  without  hope  that  the 
result  may  be  such  as  he  may  keep  his  station,  whereof  he  may  be 
able  after  full  communication  with  my  Lord  Lauderdale,  to  give 
you  a  particular  account  by  the  next  post,  that  you  may  also 
resolve  what  is  fitt  for  you  to  do.  For  seeing  you  both  agree  as 
well  in  sincere  principles  of  loyalty  as  in  scruples  of  conscience,  it 
is  reasonable  to  think  your  affaires  may  have  the  like  event; 
wherein  my  Lord  Stair  and  I  will  take  the  best  care  we  can  that 
your  absence  shall  not  prejudice  you,  and  my  Lord  Lauderdale 
hath  also  promised  his  best  offices.  Perchance  it  may  be  necessary 
that  you  be  at  the  pains  of  coming  hither,  for  which  at  all  adven- 
tures I  would  have  you  prepare  yourself,  though  I  shall  rather 
wish  you  may  avoyd  the  journey,  unless  it  be  absolutely  necessary. 
I  shall  add  no  more  at  present,  but,  with  my  humble  service  to 
your  lady,  remaine  ever,  your  most  affectionat  cosen  and  humble 
servant,  A.   Hume. 


1664.]  DALRYMPLK  AT  COURT.  S5 

Alth()u<;li  liis  seat  on  tlie  bench  had  been  dechiretl  vacant, 
Sir  James  Dalynnple  wlien  in  I^)n(l()n,  (hn'infjj  his  interviews 
with  the  Kin^,  made  the  arrangement  which  is  hinted  at,  rather 
than  exphiined,  in  the  foHowing  letters.  He  wius  to  subscrilx,* 
the  Dechiration  as  it  stood,  and  the  King  was  to  allow  him 
to  salve  his  conscience  by  making  a  private  verbal  explanation 
of  the  sense  in  which  he  understood  it. 


Sni  James  Dalrvmple  to  Sni  James  Dundas. 

VVhvtehall,  Apryl  19,  64. 

My  Lord, — Since  my  last  1  have  bein  with  the  king,  and 
have  fowned  mor  favour  than  I  doe  deserve,  and  mor  desyr  of  my 
continwans  in  his  Majesty's  service  then  I  could  have  expected, 
hot  no  jKJssibilitie  of  obtaining  an  explanatione  in  wrytte,  to  be 
subjoyned  to  the  declaratione.  Something  is  spoken  of  in  lieu 
therof,  hot  no  effect  as  yet,  nether  may  I  at  a  distance  mention 
it  to  you.  It  is  necessar  for  yourself  and  me  and  others,  it  be  so  ; 
and  that  nothing  be  spoken  of,  either  endeavour  or  expectation, 
till  I  sie  you,  which  if  anything  be  done  to  satisfactione  will  be 
shortlie,  bot  I  hope  you  will  be  out  of  dowbt  of  my  dilligence  for 
you.  I  assur  you  you  have  some  very  kynd  friends  heir  who  doe 
heartilie  goe  along  with  y'  real  friend, 

Ja.  Dalrvmple. 


Sir  James  Dalrvmple  to  Sir  James  Dundas. 

London,  May  26,  1664. 

Mv  Lord, — I  receaved  two  of  yours  together  at  Paris,  and 
once  since  my  returne,  prior  to  both  which  Sir  Alex'  Home  had. 
I  must  still  forbear  to  be  particular  with  you  in  what  is  past  heir, 
and  thogh  you  find  difficulty  to  aprehend  how  it  can  be  that  we  can 
sign  without  explanatione  in  wrytt,  I  sal  say  no  more  at  distance, 
bot  that  ther  is  an  equivalence  in  all  respects  of  adjecting  a 
declaratione  or  provisione  to  a  wrytt,  and  getting  the  sam,  under 
the  hand  of  the  wreater  of  the  wrytt,  that  it  is  so  accepted  or  so 
satisfactorie.  I  shall  be  full  with  you  at  meeting.  I  desyre  you 
will  be  at  Ed',  the  ()th  of  June,  for  on  the  7th  or  8th  I  hope  you 
shall  see  Y'  real  and  affectionat  friend, 

Ja.  Dalrvmple. 


S6  ARNISTON  MEMOIRS.  [1664. 

Sir  Alexander  Hume  to  Sir  James  Dundas. 

Westminster,  2^/2me  1664. 
Just  now  I  received  yours  of  the  l6th,  and  am  very  sorry  you 
give  me  so  little  hope  of  that  which  you  know  I  so  much  wish. 
I  have  already  said  as  much  upon  this  subject  as  I  could,  and  have 
nothing  now  to  adde,  but  that  I  cannot  comprehend  how  you  should 
be  more  difficult  to  receive  satisfaction  in  your  scruples  than  your 
friend  (Dalrymple),  who  hath  hitherto  been  of  one  mind  with  you. 
I  doubt  not  but  he  hath  fully  acquainted  you  with  his  proceed- 
ings, and  upon  what  grounds  he  hath  been  moved  to  comply, 
which  I  conceive  was  a  conference  he  had  with  the  king,  who, 
being  the  party  chiefly  concerned,  had  power  to  declare  in  what 
sense  he  would  allow  the  thing  to  be  done.  For  God's  sake  con- 
sider seriously  whether  you  might  not  in  the  same  way  be  sett  free, 
and  if  so,  I  could  wish  that  you  should  of  purpose  make  a  journey 
hither  to  receive  the  same  satisfaction,  in  the  point  that  your 
friend  did.  In  any  case  I  think  your  journey  would  be  usefull  to 
let  his  mat'^  know  that  your  scruples  do  not  proceed  from  any 
bad  cause,  but  merely  conscience. — My  Lord,  your  most  affectionat 
cosen  and  humble  servant,  A.  Hume. 

Although  thus  urged  by  Hume  to  follow  Sir  James 
Dalrymple^s  example,  Dundas  stood  firm  to  his  original 
position,  and  refused  to  sign  the  Declaration  without  a 
written  qualification.  This  resolution  was  deeply  regretted 
by  Hume. 

Sir  Alexander  Hume  to  Sir  James  Dundas. 

Westminster,  9  Aug-.  1664. 
I  have  received  yours  of  the  30  of  July,  whereby  you  have  now 
cleared  me  more  than  I  wished  of  your  purpose,  whereof  I  have 
often  written,  and  with  so  much  impatience  expected  your  answer. 
I  must  withall  confess  to  you  I  am  farr  disappointed  of  my  hope 
in  that  matter,  for  having  very  justly  heretofore  from  the  former 
difference  of  your  judgement  and  principles  from  your  friends, 
collected  that  more  might  be  expected  from  you  than  from  him, 
I  cannot  comprehend  upon  what  ground  it  can  be  that  you  now 
fall  short  of  the  length  he  comes,  nor  will  I  urge  to  know  it, 
seeing  it  may  not  be  without  divulging  your  friend's  secret, 
whereof  it  is  not  fitt  for  me  to  be  inquisitive.     But  as  to   that 


1664.]  DUNDAS'S  FINAL  RESOLUTION.  87 

which  you  say  (that  the  paper  being  so  much  against  your  sense 
and  his,  you  think  it  unreasonable  that  your  signing  of  it  should 
be  publick  and  the  salvo  should  be  latent),  give  me  leave  to 
remind  you  of  what  you  have  often  professed,  that  no  considera- 
tion did  hinder  you  to  do  it,  but  merely  point  of  conscience ;  and 
if  so,  what  need  there  should  be  to  have  the  salvo  publick  is  more 
than  I  can  understand.  But  this  or  any  thing  else  that  I  can  say 
I  doubt  will  be  to  little  pur})ose,  seeing  that  worthy  person 
(Dalrymple)  can  neither  with  his  persuasion  nor  his  example  prevail 
with  you ;  therefore  I  shall  forbear  farther  contending  with  your 
resolution ;  only  as  a  last  means,  I  shall  intreat  you  to  peruse  two 
little  books  which  I  have  sent  you  by  our  cosen  (Home  of)  Wed- 
derburne,  and  if  they  do  not  convince  you  I  shall  despair  of  it. 

As  for  the  king's  inclination,  touching  the  laws  enacted  by  the 
parliament  in  order  to  conformity,  I  am  not  able  farther  to  inform 
you,  than  I  have  often  said,  that  I  know  he  is  not  of  a  nature  to 
use  severity  with  any  man  in  point  of  tender  conscience ;  but 
how  farr  he  may  be  disposed  to  grant  any  indulgence  or  dispensa- 
tion from  the  obedience  of  those  laws,  is  more  than  I  know. 
Your  friend  (Dalrymple)  may  possibly  know  more  than  I,  having,  at 
his  being  here  been  intimately  concerned  with  my  Lord  Lauder- 
dale, who  is  best  able  to  inform  him.  And  now  that  I  name 
that  Lord,  I  must  let  you  know  that  of  late,  having  occasion  to 
speak  with  him,  he  told  me  he  was  sorry  to  hear  that  you  were 
not  likely  to  comply,  and  wished  me  to  use  all  possible  means  to 
persuade  you  to  it,  promising  to  keep  the  door  open  for  you  as 
long  as  he  could.  And  indeed  I  see  no  great  haste  is  made  to  fill 
any  of  the  vacant  places,  nor  doe  I  hear  whom  they  mean  to  put 
in  them.  As  for  that  person  whom  you  wished  to  be  your  suc- 
cessor, there  is  no  expectation  for  him  though  all  these  places 
were  voyde,  the  resolution  being  unalterably  taken  to  fill  all  with 
lawyers,  according  to  the  constant  practice  of  this  cuntrie 
(England),  which  is  undoubtedly  more  fitt. 

With  hearty  wishes  of  happy  success  both  to  your  lady  in  a 
safe  delivery,!  and  to  your  daughter  2  in  her  marriage,  I  remain 
ever,  &c.  &c.  A.  Hume.s 


*  Birth  of  his  son  Charles. 

-  Christian,  married  to  Charles  Erskine  of  Alva. 

'  This  lengthy  correspondence,  on  the  positions  taken  by  Sir  James  Dalrymple 
and  Sir  James  Dundas  in  reference  to  the  question  of  the  Declaration,  is  some- 
what tedious.  But  as  the  letters  are  of  considerable  historical  value,  it  has  been 
considered  better  to  print  them  in  full. 


38  ARNISTON  MEMOIRS.  [1665. 

Neither  the  "two  little  books,""  whatever  they  may  have 
been,  nor  the  expression  of  Lord  Lauderdale's  desire  to  serve 
him,  had  any  influence  on  Dundas,  who  steadfastly  adhered  to 
his  resolution,  and  retired  to  private  life. 

Sir  James  Dundas  was  thrice  married.  His  first  wife  was 
Marion,  daughter  of  Robert,  Lord  Boyd.  Of  this  marriage 
four  children  were  born : — Robert,  known,  as  a  judge  of  the 
Court  of  Session,  as  the  second  Lord  Arniston ;  Mary,  wife  of 
Sir  J.  Home  of  Blackadder ;  Christian,  wife  of  Sir  Charles 
Erskine  of  Alva;  and  Katherine,  wife  of  the  Hon.  Sir  J. 
Dalrymple  of  Borthwick.  His  second  wife  was  Janet,  daughter 
of  Sir  Adam  Hepburn  of  Humbie,  and  widow  of  Sir  John 
Cockburn  of  Ormiston.  The  children  of  this  marriage  were  : — 
James,  from  whom  the  Dundases  of  Beech  wood  are  descended ; 
Alexander,  and  Charles.  His  second  spouse  died  in  1665  ;  and 
in  the  following  year.  Sir  James  married,  thirdly,  Helen, 
daughter  of  Sir  James  Skene,  President  of  the  Court  of 
Session,  and  widow  of  Sir  Charles  Erskine  of  Alva. 

The  following  letter  is  from  Sir  James's  friend  and  cousin, 
Sir  Alexander  Hume,  giving  an  account  of  his  son  Robert, 
afterwards  the  second  Lord  Arniston,  then  a  youth  returning 
from  his  travels ;  also  condoling  with  Sir  James  on  the  death 
of  his  second  wife  : — 

Sir  Alexander  Hume  to  Sir  James  Dundas. 

Hamton  Court,  4  Jtdy  1665. 
My  Lord, — I  could  not  let  this  bearer  1  goe  without  a  letter, 
though  I  have  little  subject  left  for  one,  having  at  length  dis- 
coursed with  him  of  everything  that  I  could  write ;  unlesse  it  be 
of  the  good  opinion  I  have  of  him,  which  I  could  not  express  to 
himself  without  offending  his  modesty,  for  really  it  was  much  joy 
to  me  to  finde  him  so  well  qualifyed,  being  (if  my  interest  in  him 
do  not  much  deceive  me)  a  discreet  and  knowing  gentleman, 
without  vice  or  vanity,  and  I  am  very  confident  he  will  give  you 
cause  to  think  his  time  and  your  money  imployed  in  his  travells 
well  bestowed,  and  that  his  company  will  in  a  great  measure 
lessen  that  affliction  which  it  pleased  God  of  late  to  lay  upon  you, 
by  taking  from  you  a  deserving  lady ;  which  sad  losse  I  had 
sooner  condoled  with  you  if  I  had  known  it,  which  I  did  not  until  1 

^  Robert  Dundas, 


1679]  FAMILY  OF  SIR  JAMES— DEATH.  39 

I  saw  your  sone  goe  in  mourning  for  her ;  on  which  subject  I  can 
say  nothin^f  as  to  yourself,  but  that  I  know  you  are  so  ^ood  a 
Christian  as  to  submitt  to  the  ^ood  pleasure  of  God  ;  and  as  to 
myself  I  hope  you  do  believe  that  whatsoever  befalls  you,  I 
receive  it  with  such  a  sense  as  becomes  the  friendship  I  owe  you 
as,  my  Lord,  your  most  affectionat  cosen  and  humble  servant, 

A.   Hume. 


In  the  early  part  of  the  year  1679,  Sir  James's  daughter 
Katherine  was  married  to  James  Dalryniple,  one  of  the  principal 
clerks  of  the  Court  of  Session,  and  second  son  of  his  friend 
Sir  James  DtUrymple,  afterwards  Lord  Stair.  The  contract  of 
marriage  is  dated  the  2d  of  January  1679.  On  the  part  of 
the  bridegroom  the  consenting  parties  are  his  father.  Sir  James 
Dalrvm})le,  and  his  mother.  Dame  Margaret  Ross.  The  bride- 
groonrs  mother,  it  is  perhaps  unnecessary  to  remind  the  reader, 
was  the  "  Lady  Ash  ton "  of  Sir  Walter  Scotfs  Bride  (yf 
Lammermoor ;  and  it  is  curious  to  notice  that  one  of  the 
witnesses  to  the  contract  is  "  David  Dunbar,  younger  of 
Baldoon,^  who  appears  in  that  celebrated  novel  as  "  Bucklaw/' 
the  unlucky  husband  of  Lucy  Ashton. 

Another  of  the  witnesses  is  Sir  George  Mackenzie  of  Rose- 
haugh,  who  was,  at  this  time.  Lord  Advocate,  and  deeply 
engaged  in  the  persecutions,  from  which  he  earned  his  name 
of  the  "Bloody  Mackenzie/"*  His  presence  on  this  occasion 
shows  that  Sir  James  Dundas  had  not  suffered  from  his  refusal 
to  renounce  the  Covenants,  and  was  on  terms  of  intimate 
friendship  with  the  members  of  the  ruling  party  in  Scotland. 

A  period  of  greater  trial  was,  however,  at  hand  for  the 
people  of  Scotland  ;  and  the  time  was  now  rapidly  approach- 
ing when  the  passing  of  the  Test  Act  was  to  drive  Sir  James- 
Dalryniple  into  exile,  and  to  furnish  the  pretext  on  which 
Argyll  was  sentenced  to  death.  But  Dundas  was  not  destined 
to  witness  these  events ;  for,  not  long  after  his  daughter's 
marriage,  he  died  at  Arniston,  in  October  1679,  leaving 
behind  him  the  well-earned  reputation  of  one  who,  at  a  time 
when  principles  were  put  to  the  severest  test,  had  proved 
himself  a  resolute  and  conscientious  man. 

The  heraldic  painter's  account  for  work  done  at  the 
funeral  of  Sir  James  Dundas  has  been  preserved.     It  consists 


40 


ARNISTON  MEMOIRS. 


[1679. 


of  the  customary  items  of  a  large  coat-of-arms,  etc.,  smaller 
shields  for  the  decoration  of  the  coffin,  trumpets,  and  hearse. 
The  ornaments  of  the  coffin  likewise  included  a  headpiece  and 
wreath  to  place  on  its  head.  The  doors  of  the  burial-place 
(yle,  aisle)  were  blackened,  and  had  emblematic  tears  painted 
on  them.  The  cost  of  this  funeral  painter- work  amounted  to 
^98  Scots,  a  considerable  sum  for  those  days. 

Sir  James  was  succeeded  in  the  estate  of  Arniston  by  his 
son  Robert,  wlio  occupied  a  seat  on  the  bench  in  days 
happier  than  those  in  which  his  father  lived. 


S^^&.:    ^y-mtfoA^i/.'J-'n^ 


CHAPTER   V. 
THE   SECOND   LORD   AHNISTON. 

From  the  death  of  Sir  James  Dimdiis,  in  UJTO,  until  the 
year  1688,  there  aj)pears  to  be  a  blank  in  the  records  of  the 
Arniston  family.  Moreover,  there  are  no  letters  in  the  charter- 
room  at  Arniston  for  the  period  from  1667  till  1717.  This 
want  is,  to  some  extent,  supplied  by  a  manuscri})t  written  by 
Robert  Dundas  (the  great-grandson  of  the  second  Lord 
Arniston),  who  was  Lord  Chief  Baron  of  Scotland  at  the 
beginning  of  the  present  century,  and  who  found  time  to  com- 
pose an  interesting  account  of  various  matters  connected  with 
the  family  estate. 

It  appears  that  Robert  Dundas,  son  of  Sir  James  Dundas 
and  Marion,  daughter  of  Lord  Boyd,  was  living  abroad  during 
the  years  which  immediately  preceded  the  Revolution.  He 
returned  to  Scotland  as  a  supporter  of  the  Prince  of  Orange, 
and  was  chosen  one  of  the  members  of  Parliament  for  Mid- 
lothian in  1689,  a  position  which  he  continued  to  hold  until 
the  passing  of  the  Act  of  Union. 

In  Scotland  the  active  pursuit  of  politics  had  always  been 
thought  compatible  with  the  performance  of  judicial  duties  ; 
and  Dundas  was  appointed  a  judge  of  the  Court  of  Session  on 
the  1st  of  November  1689. 

It  was  at  this  time  that  proprietors  in  Scotland  began  to 
improve  their  houses  and  grounds.  Trees  were  being  planted, 
to  a  considerable  extent,  round  mansions  and  farm-"  tounes,"^ 
and  enclosures  were  designed  as  well  for  ornament  as  for  the 
protection  of  stock.  Mansions  were  rebuilt  or  enlarged, 
gardens  and  pleasure-grounds  were  formed,  and  public  roads 
were  removed  to  a  greater  distance  from  the  pleasure-grounds. 
Scotch  lairds  who  had  been  residing  abroad  during  the  last 


42  ARNISTON  MEMOIRS.  [1688. 

years  of  the  Stuart  dynasty,  returned  home  with  minds  im- 
proved by  taste  and  cultivation,  acquired  on  the  Continent, 
and  devoted  themselves  to  the  adornment  of  their  houses 
and  to  the  improvement  of  their  estates.^ 

The  following  account  of  the  changes  made  at  Arniston  is 
taken  from  the  manuscript  of  the  Chief  Baron  : — 


NARRATIVE  OF  THE  IMPROVEMENTS  AT  ARNISTON, 
From  the  MS.  by  the  Chief  Baron  Dundas. 

"  The  old  Manor-house  of  Arnistoun  was  situated  exactly 
where  the  present  house  stands ;  the  Oak-room  and  vaults 
beneath,  being  part  of  the  old  building.  The  vault  beneath 
the  east  end  of  the  Oak-room  was  the  parlour  or  eating-room 
of  my  great-grandfather,  Lord  Arniston.  The  Oak-room  was 
then  divided  into  two  apartments,  one  a  dining-room  used  only 
on  great  days,  and  the  other  the  principal  bedroom  for  strangers 
of  distinction  visiting  the  family.  The  house  was  enclosed 
by  a  stone  wall  to  the  north.  My  great-grandfather.  Lord 
Arniston,  died  in  1726,  and  his  son  before  his  death,  either 
began  to  build  the  new  house  from  a  design  by  old  Robert 
Adam,  or  at  least  took  down  part  of  the  old  chateau,  witli  the 
view  of  preparing  for  it.  I  was  told  by  my  father,  who  was 
then  about  eleven  or  twelve  years  of  age,  that  on  pull- 
ing down  the  high  wall,  which  enclosed  the  house  to  the  north, 
they  discovered  that  the  sea  was  to  be  seen  from  the  windows, 
and  having  notified  this  to  the  old  man,  he  would  not  believe 
the  fact  till  he  was  carried  to  the  room  for  the  purpose  of 
satisfying  his  own  eyes. 

"  The  garden  of  the  old  house  was  immediately  contiguous 
to  it,  on  the  south  and  east  fronts  of  the  present  house,  and 
in  front  of  the  present  stables,  stable-court,  and  cow-house  ; 
all  beyond  or  without  this  was  corn  or  the  croft  land  of 
Arniston. 

"  The  road  from  Edinburgh  to  the  south  was  by  Carrington, 
Arniston,  Esperston,  and  thence  through  the  Outerston  Moss 
over  the  hill  into  Heriot  Water,  and  by  Dewar  and  Innerleithen 

^  Cosmo  Innes,  Highland  Society  Transactions,  1861. 


^^H^- 


^r^i^^ta^' cJ^f^^^z^^^-^^^i^ 


i688.] 


THK  OLD  HOUSE  AT  ARNISTON. 


43 


to  Traquair.  Lortl  Traquair,*  when  Chancellor  of  Scotland, 
built,  it  is  said,  at  his  own  expense,  tlie  bridge  across  the  river 
at  the  foot  of  the  bank  below  the  meeting  of  the  Temple  and 
Ciirrin«rton  waters,  which  I  am  now  (1811)  pulling  down.-^ 
By  old  people  the  bridge  wtus  always  called  Tra(iuair's  Bridge, 
his  Lordship  always  riding  through  this  road  to  Edinburgh. 
The  path  up  the  brae  is  still  to  be  discerned.     In  some  old 


ANCIENT   OAK-TREE   WHICH    IS  SAID   TO   HAVE   MARKED   THE   BOUNDARY 
BETWEEN   THE   ENCLOSURES   AND   CORN-LAND   OF   ARNISTON. 

book,  I  have  seen^  Esperston  marked  as  the  first  stage  from 
Edinburgh,  or  the  road  to  the  south  country.  Outerston 
and  Esperston  were  then  large  Towm,  or  hamlets,  each  con- 
taining a  considerable  number  of  inhabitants,  most  of  whom 
kept  pack-horses,  on  which  they  carried  the  lime  burnt  in 
great  quantities  on  these  lands,  to  all  the  neighbouring  country. 


^  First  Earl  of  Traquair;  creation  1628. 
-  The  piers  of  the  bridge  are  still  standing,  1886. 

^  Tradition    still    marks    the    site   of   the   inn   and   blacksmith's  forge   at 
Esperston — about  sixty  yards  to  the  south  of  the  present  farm-house. 


44 


ARNISTON  MEMOIRS. 


[1688. 


"The  public  road  then  passed  close  by  the  old  house  of 
Arniston,  and  thence  branched  off  to  the  eastwards  towards  Stob- 
hill  and  Borthwick.  Its  direction  from  Traquair^s  Bridge  was 
up  the  hollow  path,  through  the  south  lawn,  along  the  green 
walk  from  the  Grotto,  through  the  present  greenhouse  and 
dairy,  and  thence  round  the  front  of  the  present  house  into  the 
Edinburgh  approach,  under  the  double  row  of  ancient  planes 
and  ashes,  at  the  end  of  which  it  took  its  direction  to  the  east 
along  the  ridge  of  the  north-east  lawn,  through  Lawrence  Law 


THE    HAMLET    OF   OUTERSTON. 

Inhabited  by  persons  making  their  living  by  farmings  -weaving^  lime-burning,  and  carrying 
the  lime  on  pack-horses  through  the  surrounding  country — Enlarged  ft  oin  Arniston 
Estate  Map,  1758. 


park,  by  an  old  ash-tree  still  standing,  along  Birkenside,  where 
a  farm-house  stood,  and  thence  eastwards  near  to  Harvieston 
House,  slanting  diagonally  through  Harvieston  south  park, 
and  downwards  to  Catcune  Mill,  and  thence  by  the  present 
footpath  between  Catcune  and  Haughead,  up  the  water-side, 
under  the  row  of  plane-trees  to  Borthwick.  This,  before  the 
formation  of  the  turnpike  road  in  1753,  was  the  only  kirkroad, 
and  my  grandfather's  and  father''s  coach  always  went  that 
way.     I  remember,  when  a  child,  the  diagonal  road  through 


i688.] 


OLD  ARNISTON. 


45 


tlie  soutli  park  of  Harvieston  ;  and  I  have  repeatedly  ridden  to 
cliurch  on  my  pony  that  way.  I  remember,  to  my  great  joy, 
^tting  leave  on  one  occasion  to  ride  (the  first  time  I  rode  so 
far)  with  the  old  and  respectable  Karl  of  KinnoulP  and  I^)rd 
Melville,  then  Mr.  Henry  Dundas,  to  Borthwick  Kirk,  while 
my  father  and  the  rest  of  the  family  went  in  the  coach  by 


Skftfli  iBip 


Torcraik.  About  this  period  it  was  shut  up  as  a  bridle  road 
by  common  consent,  and  restricted  to  a  footpath  for  the 
inhabitants  of  Amiston,  Shank,  and  Harvieston  going  to  church, 
and  as  such  it  is  still  used.  It  is  necessary  to  state  what  trees 
existed  around  the  old  house  of  Arniston  prior  to  Lord 
Amiston's  return  from  Holland  in  1688.^' 


^  Thomas,  eighth  Earl  of  Kinnoull. 


46 


ARNISTON  MEMOIRS. 


[1688. 


The  MS.  then  gives,  in  minute  detail,  the  position,  size,  and 
age  of  a  number  of  the  trees  on  the  grounds  of  Arniston  ;  but 
these  details  would  be  of  no  interest  to  the  reader.     The  narra- 


tive next  goes  on  to  describe 


"  The  famous  Ash-tree  in  the  Orchard,  of  which  it  is  right 


THE  ASH-TREE. 


was 


I  should  give  some  description.  A  drawing  of  this  tree 
made  by  my  worthy  friend,  the  present  Earl  of  Morton,  about 
the  year  1792,  when  he  did  me  the  honour  of  passing  a  few 
days  with  me  at  Arniston.  It  then  measured  at  its  base,  close 
to  the  ground,  thirty  feet  in  circumference.  At  the  height  of 
about  six  feet  it  divided  into  eight,  or  I  think  nine,  different 
limbs,  each  of  them  large  and  lofty,  and  sufficient  to  have  each 


i688.]  THE  ARNISTON  ASH.  47 

attracted  notice,  if  separate,  as  fine  timber.  Three  or  four 
persons  could  have  stood  without  inconvenience  in  the  centre 
where  the  limbs  diverged.  One  storm  of  wind,  in  winter  1793, 
tlirew  down  four  of  tlie  limbs,  and  it  wtus  then  discovered  what 
was  long  suspected,  timt  the  trunk  was  rotten  and  entirely 
gone,  the  Iwirk  and  a  plate  of  the  external  wood  only  being 
sound  ;  the  remainder  entirely  wasted  and  hollow.  Another 
stormy  day,  in  winter  1794,  completed  the  destruction,  and 
levelled  all  the  remaining  limbs  to  the  ground.  The  timber  of 
these  was  in  general  sound,  and,  even  at  the  low  prices  then 
j)aid,  brought  at  a  sale  V50.  The  age  of  this  tree  and  its  early 
Iiistory  are  unknown.  It  stood  also  in  what  was  originally 
tlie  croft  or  corn-field  of  Arniston.  It  cannot  have  been  less 
than  three  hundred  years  old,  not  only  from  its  size,  and  the 
circumstances  of  its  appearance  above  detailed,  but  that  my 
great-grandfather  who,  previous  to  the  Revolution  of  1688, 
passed  his  life  abroad  and  returned  with  King  William,  had  a 
bench  placed  in  the  centre  of  the  trunk,  where  every  day  in 
sunmier  he  in  his  old  age  used  to  sit  and  amuse  himself  in 
reading,  chiefly,  as  I  was  told  by  my  father,  Italian  books,  of 
which  he  was  fond,  and  the  Pastcrr  Fido,  which  was  a  peculiar 
favourite.  This  was  betwixt  1690  and  1725,  and,  as  far  as  my 
fatlier^s  observation  carried  him,  no  change  but  towards  decay 
had  occurred  for  eighty  years  afterwards.  If  I  trace  in  ima- 
gination the  springing  of  this  seedling  from  the  earth  to 
some  such  accidental  cause  as  Cowper  has  done  in  the  beautiful 
lines  on  the  ancient  and  decayed  oak,  and  its  date  to  the 
year  1450,  the  reign  of  the  first  James,  I  cannot  believe  myself 
much  mistaken. 

"  My  grandfather,  the  first  Lord  President  Arniston,  was 
naturally  vain  of  this  tree,  and  of  showing  it  to  his  guests. 
When  he  was  named  President  in  1747,  the  Magistrates  and 
Council  of  Edinburgh  came  out  to  congratulate  him  on  his 
appointment,  and  dined  with  him.  Before  dinner  he  walked 
them  out  in  the  garden  to  the  Ash  Tree.  Deacon  Milroy — I 
think  that  was  the  name — a  house  carpenter,  after  admiring  and 
examining  it  with  attention,  told  his  Lordship  there  were  at 
least  .  .  .  feet  of  timber  in  it,  and  that  he  would  give  him  JB  .  ,  , 
for  the  tree.  '  I  would  rather,"*  replied  his  Lordship,  '  see  you 
hung  on  its  topmost  branch.**     A  small  piece  of  the  trunk  still 


48 


ARNISTON  MEMOIRS. 


[1688. 


remains  (1811)  as  a  memorial  of  the  original.  I  caused  my 
son  Robert,  on  the  2d  April  1809,  to  plant  an  oak-tree  now 
growing  there,  produced  from  an  acorn  of  the  famous  Green- 
dale    oak    in    Welbeck    Park,    Nottinghamshire,   which    my 


BEECH    AVENUE. 


respected  friend  the  Duke  of  Portland  gave  me  in  1805,  and 
which,  with  about  twenty  others,  I  sowed  in  the  garden  and 
transplanted  to  this  and  other  situations  to  be  hereafter 
mentioned. 

"  In  1690  the  Earl  of  Tweeddale,  who  was  a  particular  friend 
of  Lord  Arniston's,  and  with  whom  he  agreed  in  politics,  was 


1 688.]  IMPROVEMENTS  AT  ARNISTON.  4c^ 

employed  in  forming  the  plantiitions  at  Yester,  and  in  j)lanting 
the  buslies  wliich  are  now  such  noble  trees,  when  Lord  Arniston 
hap})ened  to  j)ay  him  a  visit.  On  returning  lionie  he  gave 
Lord  Arniston  thirty  beech  plants  and  an  elm,  which  were 
brought  over  behind  the  servant  in  the  portmanteau,  and 
planted  along  tlie  side  of  the  cow-park  dyke,  where,  with  the 
exception  of  a  few  now  to  be  cut,  they  still  remain,  and  are  in 
general  fine  timber.  My  father  thought  they  must  have 
been  cut  over  when  ])lanted,  otherwise  they  could  not  have 
assumed  the  shapes  they  generally  have  done.  These  trees 
stand  on  the  west  side  of  the  road  and  dyke  fronting  the 
garden. 

"  His  Lordship  also  formed  the  bowling-green  east  of  the 
present  liouse,  and  planted  the  large  spruce-fir  still  standing 
there,  thougli  now  in  a  state  of  decay,  and  much  altered  in  my 
remembrance.  Another  spruce  of  the  same  age,  though  not 
quite  so  large,  stood  opposite,  and  near  to  the  middle  door  of 
the  cow-house.  I  remember  it  perfectly.  It  was  blown  down 
about  1766.  My  brother  and  I  had  a  small  garden  near  to  its 
root,  where  we  amused  ourselves  when  children.  A  row  of 
hollies  were  also  planted  in  the  line  of  these  two  spruce-firs, 
and  two  arhoi'  vitas  at  the  end  of  each  row  next  to  the  house. 
One  of  these  still  stands.^  The  other  a7'bo?'  vitoe  was  blown 
up  by  the  roots  in  1766.  Two  large  hollies  also  stood  within 
the  wall  of  the  present  stable-yard,  near  the  cistern ;  these 
gradually  decayed,  and  died  away  about  1780.  Those  in  the 
bowling-green  my  mother  did  not  like,  and  prevailed  on  my 
father  to  cut  down,  one  excepted,  sometime  about  1760 — at 
least  I  do  not  remember  them ;  and  for  this  the  late  Lord 
Kames  has  celebrated  either  her  good  or  bad  taste  in  his  work 
entitled  Sketches  of  the  H'lstoi'y  of  Man.  The  remaining  holly 
stood  till  1786,  when,  one  frosty  morning,  some  of  the  slieep 
fastened  on  it,  and,  before  they  were  observed,  had  eaten  off  all 
the  bark  from  the  root  upwards  as  far  as  they  could  reach.  I 
had  it  plastered  round,  and  as  well  secured  as  possible,  but  in 
vain — it  died  in  the  course  of  the  year.*" 


^  This  tree,  one  of  the  largest  of  its  kind  in  this  part  of  Scotland,  was  taken 
down  in  i860,  being  quite  decayed. 


50  ARNISTON  MEMOIRS.  [1695. 

The  first  marked  advance  in  the  improvement  of  the  Low- 
lands of  Scotland  may  be  said  to  date  from  the  settlement  of 
the  country  after  the  Revolution  of  1688.  A  few  years  later, 
in  1695,  an  Act  for  the  division  of  run-rig  lands  was  passed 
— a  most  necessary  measure  ;  and  in  the  same  year  an  Act 
for  the  encouragement  of  the  exportation  of  victual  was  also 
passed. 

Statute  labour,  for  the  better  repair  of  the  roads,  had  been 
introduced  a  few  years  previously,  in  1669,  and  in  Midlothian, 
at  all  events,  the  traffic  was  carried  on  by  wheeled  carts.  In 
the  Arniston  accounts  the  entries  for  payments  to  the  wheel- 
wright for  cart-wheels  are  frequent,  as  are  likewise  payments  for 
hired  cartages  of  stone,  lime,  and  other  materials,  but  no 
allusion  is  ever  made  to  pack-horse  loads. 

The  wages  of  farm  servants  continued  to  be  paid  in  grain  ; 
the  shepherd,  smith,  wright,  and  even  "  the  bedall,"'  figuring 
in  the  factor's  books  for  so  many  bolls  of  oats. 

The  land  for  the  most  part  was  tilled  upon  the  in-field  and 
out-field  system,  though  an  improved  rotation  of  cropping  was 
being  introduced.  On  the  better  descriptions  of  in-field  land 
the  following  course  was  adopted  : — 

1.  Barley  or  wheat,  dunged.  3.  Oats. 

2.  Oats.  4.  Pease. 

The  out-field  was  used  as  the  common  pasture  for  live  stock 
of  all  sorts.  The  portion  of  it  under  tillage  for  the  time  being 
was  enclosed  within  turf  dykes,  and  dunged  by  having  the 
sheep  folded  within  the  enclosures  at  night.  The  rotation 
on  which  the  out-field  was  cropped  was  three  or  four  crops 
of  oats  in  succession,  followed  by  from  four  to  six  years' 
rest. 

Among  the  papers  in  the  Arniston  charter-room  is  the 
balance-sheet  for  crop  1699  of  the  lands  of  Howburn,  a  farm — 
at  the  foot  of  the  Moorfoot  Hills — of  about  120  acres  of  arable 
land,  and  about  400  of  hill  pasture,  river  banks,  and  moss. 
A  copy  of  this  balance-sheet  is  given  in  the  note  on  the  follow- 
ing page,  and  is  interesting  as  showing  the  style  of  farming 
and  the  prices  realised  on  a  Midlothian  hill  farm  in  1690. 
Of  the  arable  land   only  about  20  acres  were  in^eld,  or  in 


1699.] 


IMPROVEMENTS  AT  AHNLSTON. 


51 


re<2;iilar  cultivation,  tlie  remainder  bein^  broken  up   in   small 
patclies  from  time  to  time.^ 

Besides  the  improvements  carried  out  by  individual  pro- 
prietors in  Midlothian,  the  county  obtained  a  Turnpike  Act  in 


£,  Scots,  s.  d. 
*  Imprimis  the  rent  form- 
erly paid  by  the  tenant 

was,  ....  260  2  o 
Item,  the   parson's    teincl 

was,  .  .  .  .  66  2  o 
Item,  the  vicarage  teind 

was,  .  .  .  .  13  2  o 
Item,  there  will  be  used 

for  30  pints  of  tar  yearly, 

at  4s.,  .         .         .         600 

Item    for    16    pounds    of 

butter,  .         .         .       12     o    o 

Item  for  interest  of  ;^I333 

for  stocking  the  farm,  .  80  o  o 
Item  for  7  bolls  oats,  at 

£\    per    boll,    2   bolls 

pease  at;^6  as  the  herd's 

boll,  .  .  .  .  40  o  o 
Item  for  16  bolls  of  oats, 

2  bolls    pease,    i    boll 

bere,  for  a  double  hynd's 

boll,     .        .         .         .       82    o    o 

Total     (;{:  Scots),   ;^559    6    o 


Imprimis  for  2$  stone  of 
wool  as  the  produce  of 
15  score  of  sheep,  12 
fleeces  to  the  stone,  at 
j^4  per  stone, 

Item,  there  may  be  60 
ewes  casten  every  year, 
which  being  belter  than 
ordinary  croaks,  because 
not  very  old,  for  it  will 
not  be  proper  to  keep 
them  above  three  or  four 
years  upon  the  ground, 
60  ewes  at  ;^2,  3s., 

Item  for  the  milk  of  nine 
score  ewes,  at  6s., 

Item  for  five  score  of 
lambs,  at  £i  per  head, 
the  other  four  score 
being  allowed  in  place 
of  the  60  ewes  to  be 
sold  as  above, 

Item  for  20  neats'  grass  in 
the  moss,  at  £2,  . 

Item  for  hay,  expenses 
paid,    .... 

Item  for  the  produce  of 
20  bolls  oats  sown, 
counting  the  third  corn 
price  for  the  same,  gives 
40  bolls  as  product. 

Item  for  4  bolls  bere  sown, 
at  the  four  corn,  gives 
12  bolls  product,  . 


£  Scots.  1.    1/. 


100     o     O 


t35    o    o 


54    o    o 


40    o    o 


60    o    o 


160    o    o 


72    o    o 


Total    {£  Scots),   ;^72i     o    o 


There  must  be  necessarily  2  bolls  pease  sown  yearly,  but  we  can  count 
nothing  upon  the  profit,  because  of  the  uncertainty  of  the  crop. 

It  is  to  be  remembered  that,  by  this  account,  the  herd  that  keeps  the  twelve- 
score  sheep  upon  the  hill  and  the  lady's  ten-score  sheep  kept  upon  the  farm  is 
paid  ;  which  may  compensate  for  what  expense  may  be  for  the  maintenance  of 
the  shearers  in  time  of  harvest.  There  is  likewise  no  allowance  here  given  for 
the  upholding  of  plough  and  plough  pertinents. 


52  ARNISTON  MEMOIRS.  [17 ii. 

1714,  and  made  a  commencement  of  the  magnificent  system  of 
roads  by  which  the  capital  was  brought  into  communication 
with  every  part  of  the  kingdom. 

In  1711  an  incident  took  place  which  must  have  tried 
Lord  Arniston's  feelings,  as  a  sound  Whig  and  thorough -going 
supporter  of  the  House  of  Hanover.  His  eldest  son,  James, 
was  the  leading  spirit  in  a  curious  episode  which  caused  con- 
siderable excitement  in  Scotland.  In  June  1711,  the  Duchess 
of  Gordon,^  wife  of  George,  first  Duke  of  Gordon,  offered  to 
the  Faculty  of  Advocates,  for  preservation  among  a  collection 
of  coins  in  the  possession  of  the  Faculty,  a  Jacobite  medal. 
The  medal  bore  on  one  side  Great  Britain  and  Ireland,  with  a 
fleet  of  ships  coming  to  them,  and  the  motto  "  Reddite  ; ''  and 
on  the  other  side  the  Pretender's  head,  with  the  motto  "Cujus 
est."  A  dispute  arose  at  a  meeting  of  the  Faculty  as  to 
whether  this  medal  should  be  received  or  not.  We  have  no 
means  of  knowing  accurately  what  happened ;  but  there  can 
be  little  doubt  that  an  acrimonious  debate  took  place.  TTie 
Flying  Post,  a  London  paper,  published  an  account  of  the 
proceedings,  according  to  which  Mr.  Robert  Bennett,  Dean  of 
Faculty,  presented  the  medal,  and,  in  doing  so,  said,  "  Her 
Grace  sends,  as  a  present  to  you,  the  medal  of  King  James 
VIII.,  whom  we  and  the  English  call  the  Pretender.  I  hope 
thanks  are  to  be  returned  for  it.''  Objections  were  at  once 
raised  to  receiving  the  medal,  and  it  was  proposed  to  return  it, 
on  the  ground  that  to  receive  it  would  be  to  "  throw  dirt  upon 
the  face  of  the  Government."^ 

But  James  Dundas  made  a  very  strong  speech  in  favour  of 
receiving  the  medal,  and  thanking  the  Duchess  of  Gordon  for 
sending  it.  He  ended  his  speech  by  saying,  ''But,  Dean  of 
Faculty,  what  needs  further  speech  ?  None  oppose  receiving 
the  medal,  and  returning  thanks  to  her  Grace,  but  a  few  pitiful 
scoundrel,  vermin,  and  mushrooms,  not  worthy  of  our  notice. 
Let  us,  therefore,  proceed  to  name  some  of  our  number  to 
return  our  hearty  thanks  to  the  Duchess  of  Gordon."  The 
vote  being  taken,  it  was  carried  by  a  majority  that  the  thanks 
of  the  Faculty  should  be  given  to  the  Duchess,  and  that  Mr. 

1  The  first  Duchess  of  Gordon,  Lady  Elizabeth  Howard,  daughter  of  Henry, 
sixth  Duke  of  Norfolk. 

2  7'/ie  Flying  Post;  or.  The  Postmaster,  f^^^  171 1- 


171 1.]  THE  JACOBITE  MEDAL.  53 

James  Dinulas  and  a  Mr.  Horn  of  Westhall  should  represent 
the  Fiwulty  on  the  ocnusion.  According  to  7'hi'  Flij'ni^'  Pod^ 
Dundas,  in  performing  this  duty,  took  (K'casion  to  say,  "  I  hope, 
and  am  confident,  so  do  my  constituents,  that  your  Grace  shall 
have  very  soon  an  opportunity  to  compliment  the  Faculty  with 
a  second  medal,  struck  upon  the  Restoration  of  tlie  King  and 
Royal  Family,  and  the  finishing  Rebellion,  Usurping,  Tyranny, 
and  Whiggery/'  The  records  of  the  Faculty  are  absolutely 
silent  upon  the  subject ;  and  there  exist  no  means  of  knowing 
whether  the  statements  of  The  Flying  Post  are  well  founded  ; 
but  the  Dean  of  Faculty  threatened,  in  the  colunms  of  the 
Edinburgh  Gazette^  to  prosecute  the  editor  for  publishing  false 
news ;  and  the  Faculty,  at  a  special  meeting,  rejected  the  medal, 
and  pa^ssed  a  resolution  declaring  their  loyalty  to  the  Queen 
and  the  Protestant  Succession. 

The  matter  would  soon  have  been  forgotten  had  not  James 
Dundas  and  his  friends  composed,  and  sent  to  the  printer,  a 
pamphlet  in  support  of  their  conduct  in  receiving  the  medal. 
This  found  its  way  into  the  hands  of  the  Government ;  and 
orders  were  given  to  prosecute  Dundas  on  a  charge  of  sedition. 

The  Government  was  not  satisfied  with  the  conduct  of  the 
Lord  Advocate,  Sir  David  Dalrymple.  He  was  sunmiarily 
dismissed  from  office ;  and  Sir  James  Stewart  of  Goodtrees, 
who  had  previously  held  that  high  position,  was  reappointed 
in  his  place.  It  is  in  the  hands  of  Dalrymple,  j  ust  after  his 
dismissal,  that  we  last  hear  of  the  medal  which  had  caused  so 
much  trouble.  "  I  have  this  famous  medal,"'*  he  writes  on  the 
26th  of  September  1711,  "and  shall  be  glad  to  receive  direc- 
tions to  whom  I  am  to  give  it  up.''  ^ 

There  are  no  letters  relating  to  the  affair  of  the  medal  in 
the  Arniston  collection.  The  subject  was  probably  an  un- 
pleasant one,  which  the  family  avoided  as  much  as  possible. 
There  appears  to  have  been  great  delay  in  bringing  on  the 
trial.  In  December  Lord  Hay  writes  to  the  Secretary  of  State 
the  following  letter :  ^ — 

Decemb.  26,  1 71 1. 
My  Lord, — I  have  taken  the  liberty  to  delay  the  returning  an 
answer  to  your  Lordship's  letter  of  the  11^,  till  I  should  hear 

*  State  Papers,  Domestic  (Scotland),  171 1,  Public  Record  Office. 

^  Ibid.     Archiljald  Campbell,  Earl  of  Hay,  and  afterwards  Duke  of  Argyll. 


54  ARNISTON  MEMOIRS.  [1711. 

from  Scotland  of  what  had  passed  in  that  matter.  When  I 
inform  your  Lordship  that  I  have  the  honour  to  be  President  of 
the  Court  before  which  M'"  Dundass  is  to  tryed,^  I  hope  your 
Lordship  will  be  sensible  that  her  Majestic  has  commanded  me 
only  to  observe  in  generall  to  your  Lp  what  occurs  to  me  upon 
that  subject.  There  is  an  appearance  of  M'*  Dundass  having 
acted  against  the  Goverment  in  a  very  extraordinary  manner. 
What  the  law  may  determine  upon  those  facts  I  must  leave  to  the 
Court.  But  admitting  those  facts  criminal,  as  stated  in  the  Indict- 
ment, I  humbly  conceive  that  it  is  impossible  for  her  Majestie's 
servants  here  to  give  her  any  particular  advice  in  the  farther 
proceeding  in  that  matter,  unless  the  evidence  her  Majestie's 
Advocate  has  to  prove  the  allegations,  be  distinctly  lay'd  before 
them.  And  I  am  of  opinion  that  if  the  prosecution  should  happen 
to  fail  for  want  of  proof,  it  might  be  of  bad  consequence,  & 
encourage  other  dissaffected  persons  in  a  greater  degree  than  if 
the  Goverment  had  not  taken  any  notice  att  all  of  that  matter. 
I  am  informed  that  my  Lord  Advocate  has  lately  made  application 
for  a  delay  of  the  tryal  upon  the  account  of  his  indisposition,  &  in 
order  to  get  some  papers  he  thinks  necesary  for  the  carrying  it 
on.  I  will  not  enter  into  the  reasonableness  of  the  delay  of  a 
tryal,  upon  the  indisposition  of  the  Advocate,  nor  whether  the 
})apers  he  wanted  might  not  have  been  found  sooner.  But  I  think 
myself  obliged  in  duty  to  observe  that  unnecessary  delays  in  tryal  Is 
cast  a  great  damp  upon  them,  &  very  often  the  speedy  administra- 
tion of  justice  has  more  effect  towards  deterring  persons  from  crimes 
than  the  very  punishment  it  self.  These  are,  my  Lord,  my  humble 
thoughts  of  this  matter. — I  am,  my  Lord,  with  all  respect,  your 
Lordship's  most  ob*  &  most  humble  servant,  Ilay. 

It  was  not  till  March  1712  that  James  Dun  das  was  brought 
to  the  bar  of  the  High  Court  of  Justiciary,  at  Edinburgh, 
whien  the  Lord  Advocate  produced  an  order,  signed  by  Lord 
Dartmouth,  directing  him  to  prosecute.  The  following  letter 
describes  the  stage  which  had  been  reached  at  that  date  :  2 — 

Sir  James  Stewart  (Lord  Advocate)  to  Secretary  of  State. 

Ednr.,  1  It h  March  17 12. 
May  it  please  y''  Lo^, — I  had  the  honour  of  a  letter  from  you 

^  Lord  Ilay  had  succeeded  the  Earl  of  Cromarty,  in  17 10,  as  Lord  Justice- 
General  of  Scotland. 

-  .State  Papers,  Domestic  (Scotland),  1712,  Public  Record  Office. 


1 71 2.]     PROCEEDINGS  AGAINST  JAMES  DUNDAS.  55 

of  the  27^'  Decern''  last,  wherin  you  aqiiainted  nie  that  what  I 
had  writ  concerning  the  process  raised  against  M"^  Arnistoun  for  his 
contending  to  have  a  medal  of  the  pretender  received  by  the 
Faculty  of  our  Advocats,  and  for  his  causing  print  a  scandalous 
pamphlet  called  the  Advocats  lAUfaHi),  had  been  laid  before  the 
Queen,  and  that  Her  Majesty  had  been  pleased  upon  the  reasons 
I  offered  to  order  me  to  put  off  the  tryal  for  some  tyme,  as  I  had 
proposed.  In  obedience  to  which  letter  I  did  put  off  that  tryal 
fairly  enough  untill  Arnistoun  proved  so  obstinat  as  to  take  out 
a  writ  against  me  in  the  form  of  our  Court  requiring  me  to  insist 
within  sixty  days,  or  otherways  the  process  to  fall.  Wherupon,  I 
being  unwilling  to  give  him  the  advantage  of  letting  the  process 
fall,  did,  by  advice,  chuse  rather  to  insist  and  discuss  the  relevancy 
by  an  Interloqutor  of  Court,  and  then  to  adjourn  the  probation. 
And  thus  we  have  this  day  discussed  the  relevancy,  and  I  herewith 
send  to  y"^  LoP  both  my  information  against  Arnistoun,  and 
Aniistoun's  information  in  defence,  with  the  Interloqutor  oi 
Court  past  upon  the  Debate  ;  and  the  Court  as  to  the  probation 
is  adjourned  to  the  8'^  day  of  Aprile  next,  the  longest  time 
allowed  by  our  Act  of  Parliament.  But,  my  Lord,  here  is  my 
strait,  that  my  most  matereal  witnesses  as  to  the  pamphlet  are 
George  Lockhart  of  Carnwath,  and  Sir  David  Dalrymple,  both 
Members  of  Parliament,  against  whom  the  Court  could  give  no 
diligence.  And  thus  my  probation  as  to  the  pamphlet  must  fail, 
and  even  as  to  the  medal  it  may  be  uncertain,  because  the 
lawyers  whom  I  have  cited  as  witnesses  are  now  almost  all  gone 
to  the  country,  it  being  vacation  with  us  untill  the  moneth  of 
June.  It's  true  tho  I  should  be  necessitat  to  desert  the  process 
at  the  day  appointed,  yet  the  Act  of  Parliament  allows  me  to 
recommence  it  upon  forty  days  farder.  But  still  I  am  unwilling 
to  give  Arnistoun  that  advantage,  lest  he  and  others  should  abuse 
it ;  and,  therfore,  I  must  humbly  entreat  y*"  Lop'  for  direction  in 
this  matter.  For  if  I  shall  be  obliged  to  insist  in  my  proof  at  the 
day,  I  do  truly  fear  it  shall  fail  me,  which  would  be  a  matter  of 
too  much  insulting.  And  if  I  forbear  at  the  day,  yet  the  process 
will  fall,  which  will  also  be  of  ill  consequence,  tho  I  may  recom- 
mence it.  And,  therfore,  I  must  farder  adventure  with  all 
submission  to  offer  my  own  opinion,  which  is  that  if  at  the  day  I 
shall. find  that  my  proofs  and  witnesses  cannot  be  had  for  sufficient 
evidence,  I  would  inclin  to  let  the  process  rather  fall  than  that 
the  defendant  should  be  dismissed.  But  for  the  honour  and 
interest  of  the  Government  I  would  let  it  fall,  with  a  protest  that 
I   may  recommence    it   so   soon    as    I    may  have   my  witnesses. 


56  ARNISTON  MEMOIRS.  [17 12. 

specially  these  two  Members  of  Parliament,  that  are  indeed 
necessary  witnesses. 

My  Lord,  I  have  endeavoured  to  represent  the  casse  as  plainly 
as  the  termes  of  our  law  allow,  and  I  hope  y'^  LoP  will  perceive  my 
most  sincere  desire  to  aquit  my  selfe  in  this  matter  as  I  ought, 
and  will  therfore  let  me  have  the  orders  necessary.  It  is,  indeed, 
some  releif  that  this  bussiness,  I  hope,  which  at  first  made  so 
much  noise,  is  now  so  far  spent  that  Her  Ma*^  Governm*  will  be 
the  less  concerned,  whatever  be  the  issue. 

My  Lord,  I  wrote  to  y'^  LoP  on  the  first  ins*  of  poor  Robert 
Fleeming's  casse,  under  sentence  of  death  for  forgery,  but  several 
tymes  reprived,  and  at  present  to  the  2P*  of  this  moneth,  that  it 
might  be  considered,  for  he  must  die  at  the  day  if  there  be  no 
remedy. — 1  am,  my  Lord,  your  Lop^  most  humble  and  most  faith- 
full  servit^  Ja.  Stewart. 

After  this  the  proceedings  collapsed  ;  and  this  unfortunate 
episode  was  terminated  by  the  abandonment  of  the  prosecu- 
tion. 

Escaped  from  the  dangers  of  a  State  trial,  James  Dundas 
married,  in  the  following  year,  Mary,  eldest  daughter  of  Sir 
Alexander  Hope  of  Kerse,  but  predeceased  his  father  without 
issue.  The  common  belief  in  Midlothian  was  that,  to  punish 
his  disloyalty,  James  Dundas  had  been  confined  in  a  strong 
room  at  Arniston  until  his  death  ! 

The  reader  may  recollect  the  Twelfth  Chapter  of  The 
Heart  of  Midlothian,  in  which  Davie  Deans  states  his  objections 
to  the  advocates  whom  Saddletrees  proposes  to  retain  for  the 
defence  of  Effie :  "'Weel,  Arniston.? — there  ^s  a  clever  chield 
for  ye  ! '  said  Bartoline,  triumphantly.  '  Ay,  to  bring  Popish 
medals  in  till  their  very  library,  from  that  schismatic  woman 
in  the  north,  the  Duchess  of  Gordon." '"  It  is  most  unlikely 
however,  that  any  such  words  would  have  been  used  by  an 
Edinburgh  citizen,  in  real  life,  for  the  "  Arniston ""  of  the  time 
at  which  Deans  is  supposed  to  speak  was  Robert,  James 
Dundas's  brother,  then  just  about  to  become  a  judge. 

From  this  time  until  his  death,  in  1726,  the  life  of  Lord 
Arniston  was  uneventful.  He  had  married,  early  in  life, 
Margaret,  daughter  of  Sir  Robert  Sinclair  of  Stevenson  ;  and 
of  this  marriage  James  Dundas  was  the  eldest  son.  After  his 
death,  the  hopes  of  Lord  Arniston  were  centred  in  his  second 


1726.]  DEATH  OF  LORD  ARNISTON.  57 

son,  Robert,  who  quickly  rose  to  a  lii^li  position  at  the  bar. 
As  his  own  health  be^an  to  fail,  the  old  judge  had  the 
siitisfaction  of  seein<ij  Iiis  son  receiving  promotion  with  extra- 
ordinary rapidity. 

In  1717,  only  eight  years  after  he  was  called  to  tlie  bar,  lie 
became  Solicitor-General,  and  in  1720  he  was  aj)j)ointed  Lord 
Advocate.  In  the  following  year  he  attained  the  liigh  position 
of  Dean  of  Faculty. 

Tliese  successes  doubtless  cheered  Lord  Arniston  ;  but  in  the 
latter  years  of  his  life  he  suffered  severely  from  gout,  which 
attacked  him  both  in  liands  and  feet.  He  was  anxious  to  be 
relieved  from  the  toils  of  office,  and  in  Marcli  28,  1721,  writes 
to  his  son,  the  Lord  Advocate  : — 

"  I  am  now  become  very  old,  and  the  infirmities  which  age 
brings  along  with  it  will  daily  be  coming  upon  me,  which  should 
make  me  more  desirous  of  a  quiet  retreat,  than  to  continue  under 
the  fatigue  of  a  toilsome  employment ;  neither  is  it,  in  my 
opinion,  very  advisable  that  a  man  should  expose  to  public  observa- 
tion other  failings  which  frequently,  if  not  always,  are  more  easily 
perceived  by  others  than  by  the  person  himself." 

In  the  autumn  of  the  following  year,  he  was  so  ill  that, 
"  although  the  accounts  from  Arniston  do  not  threaten  his 
immediate  death,"*"*  it  was  felt  that,  "  considering  his  Lordship^s 
age,  'tis  not  to  be  expected  he  shall  recover  to  that  state  of 
firm  health  and  strength  as  to  attend  the  Session-house.""  ^ 

This  prediction  came  true  ;  and  his  Lordship's  health 
gradually  failed  until  his  death,  which  took  place  on  the  25th 
of  November  1726. 


Justide-Clerk  Fletcher  (Lord  Milton),  i8th  Oct.  1722. 


CHArTER   VI. 

THE  FIRST  PRESIDENT  DUNDAS. 

Hitherto  the  heads  of  the  Arniston  family  had  been  country 
gentlemen  or  lawyers  rather  than  politicians ;  but  in  this 
chapter  we  enter  upon  a  period,  extending  onwards  until  about 
the  year  1830,  during  which  there  was  always  some  member  of 
the  family  occupying  a  high  position  in  the  service  of  the 
Crown.  It  is  no  exaggeration  to  say  that  during  most  of  that 
period,  the  influence  of  the  Dundases  was  supreme  in  Scotland, 
and  that  to  describe,  in  full  detail,  the  various  transactions  in 
which  they  took  the  leading  part  would  be  to  write  the  history 
of  Scotland  during  the  greater  part  of  the  eighteenth  century. 
The  letters  and  other  papers  preserved  in  the  charter-room  of 
Arniston  are  of  great  historical  interest,  and  give  valuable 
information  regarding  the  political  movements  of  the  times 
in  which  they  were  written.  From  these  documents  a  large 
selection  has  been  made,  which,  it  is  hoped,  may  not  only 
throw  light  on  an  important  epoch  of  Scottish  history,  but 
also  serve  to  illustrate  the  private  life  and  social  customs  of 
those  days. 

Robert  Dundas,  second  son  of  the  second  Lord  Arniston 
and  Margaret,  daughter  of  Sir  Robert  Sinclair  of  Stevenson, 
was  born  on  the  9th  of  December  1685  ;  and  having,  like  other 
members  of  his  family,  been  educated  for  the  bar,  he  was 
admitted  advocate  on  the  26th  of  July  1709.  He  rose  rapidly 
to  a  high  position.  "  His  appearance,"'  says  Dr.  Carlyle,  "  was 
against  him,  for  he  was  ill-looking,  with  a  large  nose  and 
small  ferret  eyes,  round  shoulders,  a  harsh  croaking  voice,  and 
altogether  unprepossessing  ;  yet  by  the  time  he  had  uttered 
three  sentences,  he  raised  attention,  and  went  on  with  a 
torrent    of  good    sense   and  clear   reasoning,   that  made   one 


17 17]  APPOINTKD  SOLICITOR  (JKxXKRAL.  59 

totally  forget  the  first  iinjiression/"  Nor  were  his  habits  con- 
ducive to  hard  work  or  attention  to  business.  According  to  a 
contoniporarv  writer,  '^  he  wjus  naturally  averse  to  study  and 
appliuition,  and  (except  when  employed  in  the  j)ractice  of  his 
profession)  consumed  his  time  in  convivial  meetings,  and  the 
company  of  his  friends  and  actpiaintance/'  It  is  of  him  that 
Sir  Walter  Scott  tells  the  well-known  drinking  story,  in  the 
notes  to  Guy  MafuuTin^;  and  there  can  be  little  doubt  that, 
at  a  time  when  the  convivial  habits  of  the  Scottish  bar  were 
notorious,  Robert  Dundtis  was  celebratetl  as  a  bon  v'lvaut. 
Nevertheless,  so  great  were  his  talents,  and  such  was  the 
influence  of  his  family,  that  he  was  soon  engaged  in  a  large, 
and,  for  those  days,  lucrative  practice.  In  the  autumn  of  1712 
he  espoused  Elizabeth,  eldest  daughter  of  the  deceased  Robert 
Watson  of  Muirhouse.  By  the  marriage-contract,  which  is 
dated  14th  October  1712,  Lord  Arniston  gave  his  son  a 
portion  of  15,000  merks  ;  and  the  bride  had  a  fortune  of 
18,000. 

It  need  scarcely  be  said,  in  s})ite  of  the  extraordinary  con- 
duct of  James  Dundas  with  regard  to  the  Jacobite  medal,  that 
the  house  of  Arniston  stood  firm  to  the  Whig  cause  during  the 
eventful  year  1715  ;  and  two  years  later,  on  the  dismissal  of 
Sir  James  Stewart,^  Dundas  was  appointed  Solicitor-General. 
He  had  been  only  eight  years  at  the  bar  when  this  important 
office  was  conferred  upon  him. 

Duke  of  Roxburghe^  to  Mr.  Dundas. 

Whitehall, /w//^  14,  1717. 
Sir, — The  King  having  been  pleased  to  dismiss  Sir  James 
Stewart  from  his  service  as  Solicitor  in  Scotland,  I  have,  by  his 
Majesty's  order,  prepared  a  warrant  for  your  being  Solicitor  there 
in  his  stead,  which  was  this  day  signed,  and  forwarded  to  Mr. 
Pringle.  You  will  give  me  leave  to  wish  you  joy  on  this  occasion, 
which  I  do  with  a  great  deal  of  pleasure,  both  on  your  own 
account,  and  your  father  s,  for  whom  I  must  always  have  the 
greatest  value. — I  am.  Sir,  your  most  humble  servant, 

Roxburohe. 


*  Sir  James  Stewart  was  the  son  of  Sir  James  Stewart  of  Goodtrees,  Lord 
Advocate  during  the  reigns  of  William  III.  and  Queen  Anne. 

*  Secretary  of  State  for  Scotland. 


60  ARNISTON  MEMOIRS.  [1717. 

The  unsettled  state  of  the  country,  still  throbbing  with  the 
dangerous  passions  which  civil  wars  raise  and  leave  behind 
them,  placed  a  heavy  burden  on  the  shoulders  of  the  law 
officers  of  the  Crown  ;  and  the  position  of  the  Solicitor- 
General  was,  at  this  time,  rendered  more  than  usually  difficult 
by  the  conduct  of  the  Lord  Advocate.  Sir  David  Dalrymple, 
youngest  son  of  the  first  Lord  Stair,  had  been  appointed  Lord 
Advocate  in  1709.  He  had  been  dismissed  from  office  during 
the  episode  of  the  Jacobite  medal,  when  the  Government  con- 
sidered his  conduct  suspicious,  but  had  been  re-appointed  in 
1714.  He  served  the  Whigs  with  fidelity  during  the  crisis 
of  the  rebellion  ;  but  as  soon  as  civil  proceedings  took  the 
place  of  military  movements,  his  conduct  began  to  displease 
the  Government.  He  presented  to  the  Secretaries  of  State  a 
"  Memorial  concerning  the  prisoners  on  account  of  the  late 
rebellion,"  which,  in  the  opinion  of  Lord  Townshend,  meant 
that  every  rebel  in  Scotland  was  to  escape.  He  declined  to 
act  in  accordance  with  the  wishes  of  the  Duke  of  Roxburghe, 
the  Secretary  for  Scotland.  He  opposed  the  passing  of  the 
Act  by  which  the  Treason  Law  of  Scotland  was  assimilated  to 
that  of  England.  He  did  all  in  his  power  to  obstruct  the 
Commission  of  Oyer  and  Terminer,  which  was  sent  down  to 
Scotland  to  try  the  rebel  prisoners.  The  Forfeited  Estates 
Bill  he  spoke  of  as  "  that  damned  bill  of  sale,""  and  resisted  by 
all  the  means  in  his  power. 

It  requires  great  tact  to  occupy  a  subordinate  place  in  a 
Government,  under  a  chief  who  is  distrusted  by  the  prominent 
members  of  the  administration  ;  and  although  Solicitor- 
General  Dundas  had  abundance  of  tact,  he  found  his  position 
so  difficult  that,  in  1718,  a  year  after  his  appointment,  he 
applied  for  a  seat  on  the  bench,  which  had  been  rendered 
vacant  by  the  death  of  Sir  Gilbert  Elliot  of  Minto.  The  Duke 
of  Roxburghe  replied  that  the  vacant  judgeship  was  to  be 
given  to  Sir  Walter  Pringle  of  Newhall,  but  added,  "  I  must 
say  that  I  shall  be  very  sorry,  for  my  own  sake,  that  you 
should  wish  to  be  settled  upon  that  bench  while  I  have  the 
honour  to  be  in  this  office,  but  at  the  same  time  hope  you  will 
not  doubt  of  my  good  offices  whenever  a  proper  occasion 
happens,  if  you  should  then  desire  it ;  and  am  confident  you 
need  be  afraid  of  no  competition  in  that  case.'" 


1719]  THE  REPRESENTATIVE  PEERS.  6*1 

These  words  were  not  mere  flattery  ;  for  the  letters  which 
passed  between  the  Duke  of  Roxburghe  and  Dundjis  prove 
that,  on  most  iniporUmt  (juestions,  the  opinion  of  Dundas  was 
taken  in  preference  to  that  of  Ixml  Advocate  Dalryniple. 

In  1719  a  proposal  wius  before  Parliament  for  abolishing 
the  system  of  electing  the  sixteen  representative  peers ;  and 
on  this  subject  the  following  letter  was  written  by  the  Duke 
of  Roxburghe  to  Dundtus  : — 


Duke  of  Roxburghe  to  Solicitor-General  Dundas. 

London,  A/arcA  14,  1718/19. 

Sir, — I  had  yours  of  the  10th  last  night  by  a  flying  packet, 
and  am  sorry  to  find  the  proceedings  of  the  House  of  I^rds 
occasion  such  an  outcry  in  Scotland.  I  never  indeed  doubted  but 
the  Jacobites  there  would  at  all  times  be  against  the  takin^if 
away  the  election  of  the  Peers,  for  I  know  that  they  have  always 
reckoned  the  breaking  the  Union  the  likeliest  way  for  them  to 
encompass  their  designs,  and,  in  one  word,  to  set  the  Pretender 
upon  the  throne.  It  is  likewise  very  certain  that  they  have 
always  looked  upon  the  continuing  the  election  of  peers  as  the 
likeliest  and  surest  means  to  bring  about  the  breaking  of  the 
Union,  both  from  the  load  that  it  is  upon  the  Constitution  and  the 
opportunity  it  gives  to  the  Peers  to  meet  and  consult  together  at 
an  election  ;  for  nobody,  I  believe,  will  deny  that  the  scheme  of 
the  late  rebellion  in  Scotland  was  laid  at  the  last  election  there. 
So  that  it  is  very  clear  why  the  Jacobites  should  be  fond  of  the 
election,  though  I  am  satisfyed,  all  that  have  sense  among  them 
must  look  upon  it  (taking  it  abstractly  from  Jacobitism)  as  a 
mean  and  dishonourable  thing. 

It  is  very  true  that  when  the  Union  was  made,  the  election  of 
the  Peers  was  agreed  to  by  both  Parliaments.  But  it  was  never 
then  imagined  (let  be  mentioned)  that  no  Peer  of  Scotland  after 
the  Union  could  be  made  an  Hereditary  Peer  of  Parliament ;  but, 
however  unjust  that  resolve  may  be,  as  I  am  sure  I  have  always 
thought  it,  yet  no  one,  I  believe,  thinks  it  will  ever  be  taken  off, 
so  long  as  the  election  subsists.  So  that  all  that  is  now  to  be  con- 
sidered is  our  present  disgraceful  condition  and  how  to  mend  it. 

In  the  first  place,  there  is  not  a  subject  of  Great  Britain,  nay, 
the  very  meanest  of  the  Kingdom,  that  is  not  capable  of  being 
made  an  Hereditary  Peer  of   Parliament,  except   the    Peers   of 


62  ARNISTON  MEMOIRS.  [17 19. 

Scotland  alone ;  and  should  any  Peer  of  Scotland  do  the  most 
signal  and  greatest  service  to  the  King  and  Kingdom,  yet  still  he 
is  incapable  of  receiving  this  honour,  and  for  ever  must  remain  so, 
while  this  election  continues  ;  and  as  for  any  advantage  the  Peers 
of  Scotland  have  by  the  election,  I  know  of  none  that  the  poorest 
among  us  would  not  be  ashamed  to  own  ;  and  this  I  take  to  be 
our  condition  as  it  stands  at  present. 

By  the  Bill  that  is  now  brought  in,  the  Constitution  is  to  be 
free  from  the  dead  weight  of  an  election  of  Peers,  and  the  Peers 
of  Scotland  (nay,  Scotland  itself)  from  the  shame  and  ignoring  of 
it,  which  last,  in  my  poor  opinion,  is  more  than  equivalent  for  the 
election  itself. 

But  besides  the  being  rid  of  the  election,  the  Bill  proposes 
that  there  should  be  five  and  twenty  Peers  of  Scotland  to  sit 
Hereditarily  in  Parliament,  the  number  of  the  Peers  of  England 
being  at  the  same  to  be  ascertained  and  fixed. 

The  Patents  of  the  five  and  twenty  Peers,  who  are  to  be  named 
by  the  King,  are  to  be  restricted  to  the  heirs-male.  So  that 
where  those  honours  descend  to  the  heirs-female,  another  Peer 
of  Scotland  is  to  be  called  up  in  the  room  of  that  female  whose 
Scotch  Peerage  still  continues,  and  will  be  capable  of  being 
called  up  to  the  House  of  Lords  again,  whenever  there  is  a  male 
in  that  family  and  a  vacancy  in  the  five  and  twenty.  Now, 
considering  the  chance  of  families  extinguishing,  the  chance 
of  families  merging  in  one  another,  and  the  chance  of  those 
titles  descending  to  the  females,  I  would  gladly  ask,  whether  the 
Peers  of  Scotland  that  happen  not  to  be  of  the  first  nomination, 
are  not  in  a  more  honourable  and  better  condition  from  those 
chances,  than  they  are  at  present,  with  the  election,  and  at  the 
same  time  the  incapacity  of  being  made  Hereditary  Peers  of  Par- 
liament. 

The  commoners  of  Scotland  are  to  be  exactly  in  the  same  con- 
dition as  the  commoners  of  England,  that  is,  capable  of  being  called 
to  the  House  of  Lords  in  the  room  of  English  families  that  shall 
happen  to  extinguish,  which,  by  a  very  just  calculation,  may  be 
reckoned  to  be  three  or  four  in  two  years'  time,  which  no  wise  man, 
I  believe,  will  think  too  few,  either  for  the  Crown  or  for  the 
commoners,  unless  one  would  wish  to  see  the  House  of  Commons 
made  up  of  men,  neither  of  worth  nor  consideration. 

I  must  further  add  that,  besides  the  three  chances  above  men- 
tioned, to  the  Peers  of  Scotland,  if  their  eldest  sons  should  be 
called  up  in  the  place  of  an  English  family  extinct,  it  is  impossible 
that  it  can  be  quarrelled  if  this  passes,  whereas  if  the  election 


I720.]  APPOINTED  LOUD  ADVOCATE.  63 

continues,  it  is  not  unlikely  that  the  Earl  of  Kinnoull's  patent  may 
signify  as  little  to  him  as  the  Duke  of  Dover's  will  to  the  Duke  of 
Queensberry,  though  his  father  sat  two  years  in  the  House  as 
Duke  of  Dover ;  and  this,  I  do  assure  you,  has  already  been  said 
very  openly  by  some  of  as  great  consideration  as  any  in  the  House 
of  Lords. 

I  am  sorry  to  have  given  you  so  much  trouble,  but  the 
})aragraph  in  yours  on  this  subject  made  it  impossible  for  me  not 
to  give  you  my  poor  reasons  for  the  part  I  am,  God  willing, 
resolved  to  act  in  this  great  affair,  which,  if  it  passes,  is  entirely 
owing  to  the  goodness  of  the  King,  and  is  what  few  of  his  pre- 
decessors would  ever  have  agreed  to  ;  but  as  he  has  no  design 
against  the  liberty  of  his  people  himself,  so  I  am  confident  he 
wishes  that  none  that  may  hereafter  succeed  to  him  should  ever 
have  it  in  their  power  to  destroy  it. 

I  shall  only  add  one  thing  more,  which  is,  that  if  this  business 
is  not  done  now,  we  are  sure  the  Tories,  whenever  there  happens 
to  be  a  Tory  administration,  will  not  again  risk  its  being  to  be 
done  by  the  Whigs,  and  what  the  consequences  of  its  being  done 
by  the  Tories  may  be,  I  leave  it  to  you  to  judge. — I  am,  Sir,  your 
faithful  humble  servant, 

ROXBURGHE. 

No  change  was,  however,  made  in  the  mode  of  electing  the 
Scottish  representative  peers,  and  the  system  of  sending  down 
to  Scotland  a  list  of  peers  drawn  up  by  the  Government  of  the 
day,  and  known  as  the  "  King\s  List,""  continued  for  many 
years  to  come,  causing  endless  dissatisfaction,  and,  on  one 
occasion  at  least,  raising  a  constitutional  difficulty  of  the  very 
gravest  character. 

In  1720,  Mr.  Dundas  had  been  ill  in  London ;  and  his 
father  writes  to  him  on  the  lOth  of  May  : — 

"  I  always  thought  the  way  of  living  there  would  be  destruc- 
tive to  your  health ;  therefore  I  heartily  wish  you  would  not  come 
under  any  engagement  to  them  (the  Ministry)  again  upon  any 
account  whatever." 

Respecting  his  proposed  elevation  to  the  office  of  lx)rd 
Advocate,  which  was  now  close  at  hand,  his  father  writes  : — 

"  There  is  talk  of  your  being  advanced   to   a  post,  however 


64  ARNISTON  MEMOIRS.  [1720. 

lucrative,  yet,  I  think,  very  little  desirable  in  so  disturbed  a  state 
of  affairs.  I  wish  heartily  the  King  may  be  well  and  faithfully 
served.  I  am  convinced  all  our  safety,  and  particularly  the  security 
of  the  protestant  religion,  under  God,  depends  upon  his  affairs 
being  in  a  prosperous  condition." 

In  May  1720,  Sir  David  Dalrymple  retired  from  the  office 
of  Lord  Advocate,  and  became  an  Auditor  of  Exchequer. 
Dundas  was  at  once  appointed  his  successor.  His  father,  Lord 
Arniston,  however,  continued  for  some  time  to  dissuade  him 
from  a  Parliamentary  career,  and  to  urge  that  the  irregularities 
of  London  life  might  be  prejudicial  to  his  health. 

Parliament  met  in  the  autumn  of  1720,  soon  after  the 
King's  return  from  Hanover,  towards  the  close  of  November ; 
and  early  attendance  having  been  urged  by  the  Government, 
Mr.  Dundas,  though  not  yet  a  member  of  Parliament,  went  up 
about  the  beginning  of  December,  accompanied  by  Mrs. 
Dundas.  They  seem  to  have  had  a  bad  journey.  Her  mother- 
in-law  ^  writes  to  Mrs.  Dundas  : — 

"I  am  very  glad  that  you  gott  safe  to  y^  journy's  end  after  such 
bad  way  and  great  watters.  You  have  given  great  proof  of  y'^ 
being  an  good  wife  in  leaving  such  an  great  small  family.  I  wish 
heartily  my  Son  may  have  as  much  advantage  as  y'^  family  has 
disadvantage  by  the  want  of  you.  Lord  preserve  the  poor  young 
crettures  from  all  evel." 

The  letter  continues  : — 

"  Robie^  is  hearty  when  I  saw  him,  but  I  am  very  anxious  to 
have  this  winter  over  his  head,  considering  how  bad  he  was  last 
winter.  I  do  not  hear  but  the  young  ones  is  weell.  I  cannot  get 
out  to  see  them,  my  state  of  health  is  not  now  for  going  out. 
Arniston  is  not  weell,  he  has  the  gout.  .  .  .  The  concern  about 
him  did  cast  me  in  vapours.  Tuesday  and  all  yesterday  I  was  sunke 
in  my  spirits.  I  realy  do  think  that  this  winter  will  prove  an  seveir 
one  for  us  both.  ...  I  am  just  going  up  to  see  littel  Robine 
Dundas,  he  was  by  the  docter's  orders  seeing  an  raice  at  Leith 
yesterday.     He  has  a  cold,  but  the  docter  is  careful  about  him, 

^  Margaret,  daughter  of  Sir  Robert  Sinclair  of  Stevenson,  wife  of  second 
Lord  Arniston. 

-  Mr.  Dundas's  eldest  son,  afterwards  the  second  President  Dundas.         ^-s 


172  1.]       QUARREL  WITH  THP:  TOWN-COUNCIL.  65 

and  tlie  docter  hopes  to  get  it  off.  Lordy^  is  to  be  sent  out  of 
town  becaus  of  Robine's  cough,  but  it  is  ordinary  for  all  to  take 
the  cough  on  their  coming  to  town.  .  .  .  This  is  all  at  present 
from  her  who  is  y"^  afectinet  Mother-in-law, 

Margaret  Sinclair. 

Before  his  ap})()intinent  as  iMrd  Advocate,  Mr.  Dundas. 
had  been  Assessor  to  the  City  of  Edinburgh.  In  1721,  how- 
ever, he  found  it  necessary  to  resign  this  office,  when  the 
following  correspondence,  in  which  there  is  some  plain  speaking- 
on  both  sides,  pjissed  between  him  and  the  city  autliorities : — 


Lord  Advocate  Dundas  to  Bailie  Wightman. 

Sir, — I  give  you  the  trouble  of  this  in  absence  of  the  Lord 
Provost,  that  you  may  be  pleased  to  let  the  Town  Council  know, 
that  I  return  my  humble  thanks  for  the  mark  of  favour  they  were 
pleased  to  give  me  some  few  years  ago,  in  electing  me  to  be  one 
of  their  assessors.  But  there  are  several  reasons  too  obvious,  I 
need  not  repeat  them,  why  I  judge  it  would  be  improper  for  me 
to  carry  this  name  any  longer.  This  much  I  may  be  pardoned  to 
notice  that  for  some  time  after  I  was  chosen  assessor,  I  think 
until  I  had  the  honour  to  be  called  to  the  King's  service,  the 
Magistrates  of  Edinburgh  did  seem  to  put  some  confidence  in  me. 
But  since  that  time  they  thought  fit  to  carry  quite  in  another  way, 
for  wh.  I  find  no  reason,  if  it  be  not  one,  that  there  must  be  some 
inconsistance  between  a  faithful  1  discharge  of  my  duty  to  the 
King,  &  being  an  assessor  in  the  present  management  of  the 
Magistrates  of  Edinburgh. — 1  am.  Sir,  y.  most  humble  servant, 

Ro.  Dundas. 

EDINR.,yw/y  II,    I72I. 

Bailie  W^ightman  to  Lord  Advocate  Dundas. 

My  Lord, — I  communicated  to  the  Council  your  Lop.  letter  ta 
me  of  the  1 1  July,  whereby  you  resigned  the  office  of  assessor. 
We  forbore  giving  a  return  to  it  till  we  took  my  Lord  Provost's  & 
D.  Gild's  sentiments  in  so  uncommon,  yea,  we  believe,  so  unpre- 
cedented a  matter.     They  having  given  their  opinions,  I  am  now 

*  Lord  Bargany,  son  of  the  third  Lord  Bargany  and  Margaret,  daughter  of 
Lord  Amistor). 


66  ARNISTON  MEMOIRS.  [1721. 

authorized  and  directed  to  answer.  The  letter  is  written  in  so 
<lisrespectful  terms,  &  injurious  to  us,  &  so  little  becoming  the 
<lignity  and  gravity  of  the  office  which  His  Majesty's  great  good- 
ness has  raised  you  to,  that  we  wonder  that  a  letter  should  have 
flowed  from  y'^  pen  so  virulent,  that  if  any  other  person  had  been 
the  author  of  it,  we  should  have  called  for  y'^  assistance  in  punish- 
ing them.  When  the  Town  Council  made  choice  of  you  a  few 
years  ago  to  be  one  of  their  assessors,  it  was  a  mark  of  their 
favour,  &  a  name,  y''  Lo.  thought  then,  both  honourable  and  useful 
to  you,  and,  therefore,  ought  not  to  be  resigned  in  such  a  manner. 
But  seeing  now  you  have  laid  it  aside,  we  take  the  opportunity 
to  tell  you  we  can  so  easily  have  the  place  supplied,  that  we  are 
at  no  uneasiness  at  your  quitting  of  it ;  but  will  make  choice  of 
one  who,  we  doubt  not,  will  be  to  y^  Lo's.  approbation  ;  a  person 
who  will  give  his  advice  to  the  Council  when  it  is  asked,  and 
never  attempt  to  disturb  the  Government  of  it ;  one  who  will 
faithfully  discharge  his  duty  to  the  King,  &  never  presume  to 
make  use  of  His  Majesty's  name,  to  carry  on  his  own  private 
views,  and  support  his  ambition.  The  Magistrates  and  Town 
Council  of  Edinburgh  have  given  such  signal  proofs  of  their 
affection  to  his  Majesty  since  his  happy  accession  to  the  throne, 
and  did  before  the  Union  so  zealously  espouse  the  Protestant 
Succession  when  its  opposers  were  under  no  disguise,  that  they 
are  above  the  unjust  reflections  and  impudent  malice  of  their 
enemies.  They  have  often,  for  their  zeal  for  the  interest  of  his 
Majesty  now  on  the  throne,  and  consequently  for  the  good  of 
their  country,  born  with  equal  contempt  the  calumnies  of  the 
factions,  and  the  injuries  of  the  opposers  of  His  Majesty's  succes- 
sion. We,  the  present  Magistrates  and  Town  Council,  are  resolved 
to  continue  stedfast  in  our  duty  to  our  King,  and  to  our  country, 
what  ever  advantage  our  conduct  in  that  respect  may  yield  to 
persons  who  may  think  of  purchasing  credit  to  themselves  by 
destroying  the  reputation  of  their  fellow-subjects.  My  Lord,  we 
know  the  rules  of  good  manners  and  duty  so  well,  that  so  long  as 
H.  Majesty  thinks  fit  to  employ  you  in  his  service,  we  shall 
always  take  care  to  pay  you  that  respect  due  to  y^  office,  and  so 
long  as  we  continue  in  our  office  we  claim  the  same  from  you. —  I 
am,  signed  in  name  &  in  presence  of  the  Town  Council,  my  Lord, 
y^  Lop's,  most  humble  servant.  To.  Wightman. 

Edinr.,  2  Augzist  1 721. 

With  this  interchange  of  compliments  the  correspondence 


1722.]  MEMBKU  FOR  MIDLOTHIAN.  67 

tlr()))})e(l.     It  was  renewed  on  the  part  of  the  magistrates  in 
the  following  way  : — 

Edinhr.,  13  Febry.  172J. 

My  dear  Lord,—  1  think  on  Hansel  Munday  last  we  drowned 
all  our  quarrels,  either  political  or  personal,  in  a  great  quantity 
of  very  good  liquor.  I  thenceforward  forgot  we  ever  had  any. 
I  'm  sure  I  never  will  revive  them,  and  will  live  with  you  on  the 
foot  we  ))arted. 

I  that  night  told  you  I  had  nothing  to  ask  for  the  town  in 
which  I  did  not  believe  you  would  join  with  us  ;  of  this  nature  is 
what  I  am  now  to  mention. 

The  letter  then  reminds  Mr.  Dinuhus  that  il 4,000,  to  be 
ap])lied  under  the  Treaty  of  LTnion  for  encouraging  the  manu- 
facture of  coarse  wool  in  Scotland,  had  since  the  Union  lain 
useless  to  the  public,  and  proposes  that  it  should  be  lent  to 
the  town  of  Edinburgh  until  required,  at  2,  2i,  or  3  per 
cent,  interest,  which  would  be  "of  considerable  use  to  this 
poor  place.'' 

In  the  spring  of  1722,  Lord  Advocate  Dundas  presented 
himself  as  a  candidate  for  the  representation  of  Midlothian. 
Lockhart  of  Carnwath  declared  that  he  himself  could  have 
defeated  Dundas,  but  refrained  from  opposing  him,  because  he 
had  arranged,  when  the  Commission  under  the  Forfeited  Estates 
Act  was  sitting,  that,  if  the  Lord  Advocate  saved  the  estates 
of  certain  Jacobites  from  forfeiture,  he  should  be  returned 
unopposetl  for  Midlothian.  In  consequence  of  this  curious 
bargain,  whicli  shows  the  free  and  easy  manner  in  which 
elections  could  be  managed  at  a  time  when  the  franchise  was 
possessed  by  a  mere  handful  of  freeholders,  the  Lord  Advocate 
was  elected  without  opposition. 

Considering  the  fatigue  anti  trouble  of  the  journey  to 
London  at  that  time,  it  is  not  surprising  that  the  Scottish 
members  were  not  over  zealous  in  their  attendance  in  the 
House  of  Connnons,  involving  as  it  did  a  winter's  ride  of  400 
or  500  miles.  In  perusing  the  official  correspondence  of  those 
days,  the  reader  constantly  stumbles  upon  letters,  almost 
pathetic  in  their  tone,  in  which  the  Secretary  of  State  implores 
the  members  from  Scotland  to  come  up  and  support  him.  In 
the  Amiston  collection  there  are  many  such  letters.     The  Duke 


68  ARNISTON  MEMOIRS.  [1725. 

of  Roxburghe,  writing  on  the  5tli  of  December  1723,  says, 
"  I  am  very  sensible  of  your  goodness  in  resolving  to  determine 
yourself  as  to  your  journey  hither  upon  your  friends'  advice, 
and  I  must  say  your  way  of  expressing  it  is  by  no  means  amiss. 
There  is  nothing  in  all  my  life  I  have  more  strictly  taken  care 
of  than  not  to  be  rash  in  desiring  my  friends  to  come  hither."*" 
In  the  following  year.  Sir  Robert  Walpole,  writing  at  a  time 
when  the  Lord  Advocate's  father,  Lord  Arniston,  was  supposed 
to  be  dying,  says,  "  I  cannot  press  your  coming  immediately  to 
town,  when  you  intimate  it  may  be  so  improper  for  your 
private  affairs.  ...  I  hope  the  generality  of  your  members 
will  be  early  here,  and  that  we  shall  have  your  company  as  soon 
as  you  can  without  great  inconvenience  to  yourself."' 

The  year  1725  was  rendered  eventful  in  Scotland  by  the 
Malt  Tax  Riots.  This  tax  had  been  extended  to  Scotland  in 
1713,  in  the  face  of  a  very  strenuous  opposition  by  the  Scottish 
members ;  but  payment  had  been  evaded  from  time  to  time. 
In  1724,  a  motion  was  carried  in  Parliament  that,  instead  of 
the  Malt  Tax,  an  additional  duty  of  sixpence  on  every  barrel 
of  beer  should  be  payable  in  Scotland ;  but  this  was  opposed 
as  furiously  as  the  Malt  Tax  itself  had  been.  It  was  finally 
determined  that  in  Scotland  a  Malt  Tax  of  threepence  a  bushel 
should  be  imposed ;  and  the  23d  of  June  was  appointed  as  the 
day  on  which  the  duty  was  to  be  levied. 

During  the  struggle  against  the  Malt  Tax,  Dundas,  though 
Lord  Advocate,  had  joined  the  malcontent  Scottish  mem- 
bers, and  at  one  of  the  meetings  wrote,  with  his  own  hand, 
a  resolution  hostile  to  the  Government  measure.  For 
this  act  of  insubordination  he  was  dismissed  from  office  in 
May  1725. 

The  Duke  of  Roxburghe,  the  Secretary  of  State  for  Scotland 
at  that  time,  had  encouraged  the  opposition  to  the  Malt  Tax 
by  means  which,  though  less  open  and  tangible  than  those 
employed  by  Dundas,  were  no  less  a  source  of  embarrassment 
to  Walpole.  Nevertheless  he  still  retained  office,  and  was  in 
correspondence  with  Dundas,  who,  at  the  end  of  May,  informed 
him  that  his  father.  Lord  Arniston,  was  anxious  to  resign  his 
seat  on  the  bench,  and  that  he  himself  was  ready  to  retire  from 
the  House  of  Commons,  leave  the  bar,  and  succeed  his  father 
in  the  judgeship. 


1725.]  DISMISSED  FROM  OFFICE.  69 


Duke  of  Roxburohe  to  Mr.  Dundas. 

11.  1 '.,»/////<:  4,  1725. 

...  I  had  both  yours  of  the  31st  past  this  evening,  and  shall 
show  one  of  them  to  the  Chancellour  of  the  Exchequer,  as  soon 
as  I  have  an  opportunity  of  seeing  him,  and  shall  make  deliver 
your  letter  to  him  to-morrow.  For  since  you  yourself  resolves  to 
retire,  it  dos  not  become  me  at  this  time  of  day  to  endeavour  to 
stop  it.  And  all  mankind,  I  believe,  will  think  he  acts  very 
foolishly,  if  he  does  not,  with  joy,  jump  at  your  jH'oposall,  for  few 
are  so  great  but  that  they  may  be  humbled,  and  tlie  greater  a  man 
is  the  less  dos  he  like  to  be  opposed  or  tousled  in  Parliament. 
Your  letter,  I  think,  is  jis  well  as  possible,  both  modest  and  manly ; 
but  there  are  many  that  wish  you  well  here,  that,  for  their  own 
sakes,  will  be  sorry  not  to  see  you  at  London  next  session  of 
Parliament. 

As  soon  as  I  have  seen  Sir  11.  W.,2  which,  I  sup]>ose,  will 
be  at  the  Cockpit,  you  shall  hear  from  me  again  ;  but  I  have 
not  called  at  his  door  these  three  months,  nor  yet  at  my  Lord 
Townshend's,  nay,  not  so  much  as  to  wish  his  Lord^  a  good 
voyage.  And  yet  I  am  not  turned  out,  but  am  satisfied  that  they 
concluded  that  I  would  lay  down,  upon  the  changes  that  have 
just  now  been  made  in  Scotland.  But  I  have  seen  so  many 
changes,  and  have  outlived  so  many  ministry s,  that  I  am  resolved 
not  to  give  them  that  satisfaction  this  time,  however  uneasy  and 
disagreeable  the  situation  I  am  in  may  be  to  myself. 

...  I  am  extremely  sorry  that  I  cannot  have  the  pleasure  of 
reading  your  letters,  that  I  received  to-day,  to  the  King,  but  yet 
I  hope  that  a  good  use  may  be  made  of  them.  In  the  meantime 
I  cannot  help  thinking  that  you  have  laid  a  load  upon  me  in 
leaving  it  to  me  to  destroy  the  letter  inclosed  or  not,  as  I  pleased, 
for  though  I  can  easily  give  up  my  own  interest  and  resentment 
to  your  ease  and  satisfaction,  yet  many  of  our  friends,  I  am  sure, 
will  be  heartily  vext  at  it,  and  blame  me  for  it. 

The  hurry  and  uneasiness  I  was  in  when  I  wrote  to  you  last 
made  me  forget  to  tell  you  that  the  only  reason  that  was  ever 
given  to  me  for  your  being  dismissed,  was  the  part  you  had  acted 
against  Sir  R.  Walpole's  scheme  proposed  in  lieu  of  the  Malt  Tax, 
particularly  your  writing  the  proposall  or  resolution,  at  the  meet- 
ing of  the  Scots  members,  with  your  own  hand,  but  the  easier  the 

>  Henly  Park.  2  Walpole. 


70  ARNISTON  MEMOIRS.  [1725. 

Malt  Tax  goes  on,  the  more  absurd  will  that  scheme  appear  to 
have  been.  .  .  . — I  am  ever  yours.     Adieu. 

In  the  meantime  Dundas  returned  to  the  bar  as  an  ordinary 
counsel,  Duncan  Forbes  of  CuUoden  having  succeeded  him  as 
Lord  Advocate. 


Duke  of  Roxburghe  to  Mr.  Dundas. 

Whitehall, ///«^  10,  1725. 

...  I  am  very  glad  to  know  you  are  gone  to  the  bar  again, 
for  I  find  that  all  your  friends  that  understand  that  matter  wish't 
you  might  do  so. 

I  had  yours  of  the  1st  on  Monday  last,  with  y'^  father's  dimission 
inclosed,  but  have  not  spoke  of  it  to  any  body,  but  the  Marquiss 
of  Tweeddale,  who  seems  to  doubt  that  it  will  be  accepted  of  ; 
concluding  that  my  L^  Isla  can  never  consent  to  it  upon  the 
account  of  his  friends  upon  the  bench.  And  I  think  he  reasons 
well,  but  still  I  think  I  guess' t  right  in  what  I  said  to  you  in  my 
last.  For  in  all  probability  Sir  R.  Walpole  will  consider  himself  in 
the  first  place ;  and  as  a  token  thereof,  I  must  tell  you  what  past 
between  him  and  me  yesterday  upon  the  Lord  Justice's  meeting 
breaking  up.  I  had  disputed  with  myself  a  good  while  whether  to 
mention  your  name  to  him  or  not,  but  perceiving  that  he  did  not 
seem  inclined  to  speak  to  me,  I  at  last  went  up  to  him,  and  told 
him  that  I  had  had  a  letter  from  you,  wherein  you  very  modestly 
represented  that  you  were  the  first  Advocate  for  Scotland  that  had 
been  laid  aside  since  the  Revolution,  that  had  been  dismiss't  the 
service  without  any  gratification  or  compensation.  But  I  said  not  a 
word  of  your  father's  dimission,  nor,  indeed,  had  I  time  if  I  had 
intended  it,  for  he  immediately  told  me,  with  a  very  cheerful 
countenance,  that  he  had  had  a  letter  from  you,  and  that  he 
thought  your  proposal  most  just  and  reasonable.  I  said  I  was 
glad  to  find  you  was  grown  so  old.  Who  }  the  father  }  said  he  ; 
No,  the  son,  said  I,  because  he  thinks  of  retiring  so  soon.  Why, 
reply'd  he  again,  I  think  what  he  proposeth  is  most  reasonable, 
and  I  will  be  sure  to  write  by  the  next  post  about  it.  I  answered, 
I  am  sure  I  shall  never  be  against  it.  And  I  perceived  he  had  a 
great  mind  I  should  have  said  more,  but  I  made  my  bow,  and  so 
left  him  to  guess  whether  I  was  really  for  it  or  against  it ;  which, 
I  believe,  with  all  his  penetration,  he  dos  not  yet  know.  And  I 
must  own  to  you  that  tho'  your  being  upon  the  bench  is  most 


1725.]  THE  MALT-TAX  RIOTS.  71 

desirable,  yet  to  me  it  is  still  a  question  whether  you  may  not  be 
more  wanted  in  Parliament.  However,  that  is  over  now,  and  I 
doubt  not  but  tliat  you  will  be  upon  the  bench  before  the  session 
riseth.  .  .  .  But  what  I  chiefly  want  to  know  is  whom  you  think 
to  set  up  in  your  shire  in  ease  you  are  upcm  the  bench  yourself; 
for,  believe  me,  a  mute  will  be  of  little  use  to  us,  nor  do  I  know 
of  any  one  that  will  be  proper ;  but  a  lawyer  of  spirit  and  parts  in 
my  humble  opinion  wou'd  do  best. — I  am  ever  yours. 


Sir  Robert  Walpole  to  Mr.  Dundas. 

Ju/te  19,  1725. 
Sir, — I  ask  your  pardon  for  not  sooner  acknowledging  ye 
favour  of  yours,  which  ye  great  hurry  of  business  has  been  the 
only  reason  of,  and  must  plead  my  excuse.  The  favour  you  have 
asked  the  King,  I  think  so  very  reasonable,  both  in  regard  to 
y'^self  &  y*"  father,  that  you  shall  have  my  best  assistance  to  render 
it  effectual.  I  am  sorry  there  was  a  necessity  for  doing  any  thing 
that  was  disagreeable  to  you,  and  I  shall,  with  a  great  deal  more 
pleasure,  take  any  opportunity  to  render  you  service,  for  I  am, 
S"",  y^  most  humble  serv^  R.  Walpole. 

Nothing  came  of  the  proposed  changes.  Lord  Arnistoii 
retained  his  seat  on  the  bench  until  his  death  in  the  foUowinti^ 
year,  and  his  son  continued  to  practise  at  the  bar. 

When  the  23d  of  .June  came,  the  day  aj)pointed  for  the 
collection  of  the  Malt  Tax,  there  was  a  serious  riot  in  Glasgow. 
The  Provost  and  some  of  the  magistrates  were  arraigned  before 
the  High  Court  of  Justiciary,  where  they  were  defended  by 
Dundas.  They  were  admitted  to  bail ;  but  no  further  steps 
were  taken  against  them. 

In  Edinburgh  the  brewers,  for  the  purpose  of  harassing 
the  Government,  combined  to  stop  brewing  until  the  duty  on 
malt  was  abolished.  Dundas  was  their  chief  adviser,  and  the 
advice  he  gave  them  was  to  set  the  law  at  defiance.  The 
resistance  to  the  Malt  Tax  continued  till  the  Government  took 
the  strong  step  of  advising  the  King  to  deprive  the  Duke  of 
Roxburghe  of  the  seals  of  office,  and,  at  the  same  time,  to 
abolish  the  Scottish  Secretaryship.  The  moment  this  was  done 
the  opposition  collapsed. 

Mr.  Dundas  succeetled  to  the  family  estate  on  the  death 


72  ARNISTON  MEMOIRS.  [1726. 

of  his  father  in  1726.  He  entered  at  once  with  characteristic 
energy  upon  the  schemes  of  improvement  projected  during  Lord 
Arniston's  life.  Though  head  of  the  bar,  and  leader  of  the 
Scottish  Opposition  in  Parliament,  he  still  found  time  for  his 
country  improvements  at  home,  and,  during  the  busiest  period 
of  his  public  life,  built  the  modern  house  of  Arniston,  and  laid 
out  around  it  the  long  avenues  stretching  across  what  was  then 
little  better  than  open  moor. 

The  Society  of  Improvers  in  Agriculture  were  at  that  time 
commencing  their  labours,  pioneers  in  the  march  now  so 
eagerly  followed.  They  pointed  out  the  necessity  for  relieving 
the  land  from  the  scourging  routine  of  successive  corn  crops, 
and  the  advantages  of  a  fallow  as  part  of  the  rotation.  They 
also  showed  the  profit  to  be  derived  from  draining,  enclosing, 
summer  fallowing,  and  from  the  culture  of  rape,  turnip,  cab- 
bage, potatoes,  and  clover,  as  part  of  the  rotation  of  the  farm. 

The  manufacture  of  linen  and  wool  still  continued  to  be 
a  large  part  of  the  work  of  a  farm  household,  and  shared 
the  Society's  attention  with  out-of-doors  husbandry.  Lord 
Stair,  one  of  the  most  active  of  the  improvers,  established 
a  manufacture  of  fine  linen,  made  from  flax  raised  upon  his 
farm,  and  dressed  at  his  Lordship's  mill.  Well-wishers  to  their 
country  were  urged  to  encourage  Scottish  manufactures  by 
giving  a  preference  to  home-spun  stuffs ;  and  agriculture  was 
to  be  encouraged  by  a  similar  preference  being  shown  for  ale 
and  spirits  made  from  Scottish  barley. 

Lord  Belhaven,  the  supposed  author  of  the  CountrymarC s 
Rudiments,  describing  the  condition  of  East  Lothian,  says, 
*'  Sown  grass  is,  I  know,  a  very  great  rarity  among  husbandmen, 
neither  can  they  well  have  it  as  at  present  their  farms  are 
ordered.*"  He  recommended  the  "  setting  aside  a  piece  of  moist 
ground  for  pasture,  and  enclosing  it  with  a  dry-stone  dyke 
made  of  the  stones  gathered  off  the  land — the  advantages 
would  be  the  saving  the  wages  of  a  horse  herd ;  the  horses 
may  be  left  out  at  night  in  summer,  and  more  labour  will 
be  got  from  the  servants,  whose  time  is  now  taken  up  with 
gathering  thistles  and  other  garbage  for  the  horses  to  feed 
upon  in  the  stables,  and  the  great  trampling  and  pulling  up 
of  your  corn  will  be  prevented.''  "  As  for  your  labouring  oxen," 
he  continues, "  they  require  to  be  well  fed  in  some  moist  pasture  ; 


i 


1726.]  IMPROVEMENTS.  7« 

thou<i:h  the  grass  be  coarse  it  matters  not,  provided  it  l)e  long, 
and  enough  of  it  to  fill  their  bellies/' 

From  want  of  winter  fcMxl,  sheep  and  cattle  suffered  severely 
during  protracted  storms,  not  recovering  their  condition  till 
late  in  the  succeeding  sunnner.  In  (me  of  his  letters,  written 
in  the  month  of  May  from  Castle  IamkI,  President  Dundas  says, 
''  After  the  starvation  of  the  winter,  I  can  get  no  cattle  fit  for 
the  journey  south.^ 

It  became  about  this  time  a  stipulation  in  leases  that 
tenants  were  to  herd  their  cattle  and  sheep  in  winter  ns  well  its 
in  sunnner,  and  to  house  them  at  night  in  place  of  allowing 
them  to  range  over  the  country  jus  formerly. 

As  may  be  supposed  from  the  above,  enclosures  were  few 
and  far  between,  though  from  this  time  they  began  to  be 
rapidly  extended.  The  plan  of  the  woods  and  pleasure  grounds 
which  were  to  be  formed  around  the  new  mansion  at  Arniston 
included  also  a  systematic  design  for  the  enclosure  of  the  tuljoin- 
ing  land.  The  home  farm  was  to  be  sub-divided  into  rectangular 
fields  of  from  twelve  to  sixteen  acres  each,  separated  by  grass 
rides  twenty  feet  wide,  bordered  on  both  sides  by  a  margin  of 
like  width,  planted  with  rows  of  trees ;  each  field  being  thus 
surrounded  by  a  belt  of  avenue  sixty  feet  wide.  This  scheme 
was  not  carried  out,  and  the  enclosures  were  made  with  hedge 
and  ditch  in  the  ordinary  way. 

Plantations,  as  well  for  the  supply  of  timber  as  for  shelter, 
were  being  made  throughout  the  country.  The  larch,  in- 
troduced about  the  year  1725,  was  becoming  one  of  the 
sbmdard  forest  trees.  A  few  were  |)lanted  in  the  Wilder- 
ness, and  as  it  is  not  often  that  the  nui*seryman''s  bill  for  what 
is  now  large  timber  has  been  preserved,  the  account  is  here 
subjoined  : — 

DuxDAs  OF  Arniston,  owe  of  the  Senators  of  the  College  of  Justice. 
To  Robert  M'Lellati. 


jC     s.      d. 


Feb.  6,  1738. 

To  2  large  Larch  trees,  4  and  5  feet  high,  —     5     0 

To  1 2  smaller  Larch  trees,  .  .         —   12     0 


The  sub-soil  on  which  these  trees  have  grown  is  a  coarse 
gravel,  at  an  altitude  of  500  feet  above  the  sea.     One  of  them, 


74 


ARNISTON  MEMOIRS. 


[1726. 


at  3 J  feet  above  the  ground,  has  a  girth  of  11 J  feet,  and  con- 
tains upwards  of  two  liundred  cubic  feet  of  timber.  The  other 
is  nearly  as  large. 


The  following  account  of  improvements  in  the  house  and 
pleasure  grounds  at  Arniston,  begun  at  this  time,  is  taken 
from  the  MS.  of  the  Chief  Baron  Dundas  : — 


"  Immediately  after  his  father's  death  in  1724,i  Mr.  Dundas, 
then  Dean  of  the  Faculty  of  Advocates,  commenced  the  extensive 
improvements  he  executed.  The  house  he  had  already  begun, 
and  he  completed  the  centre  and  the  third  part  of  the  present 
house  to  the  east,  together  with  the  two  pavilions,  the  colonnades, 
and  a  small    part    of  the    stable    next    the  cow-house^  and  the 

^  1726. 


1726.] 


IMPUOVKMENTS. 


75 


blacksmith's  shop,  three  years  a^o  converted  by  ine  into  a  coach- 
house. He  also  took  down  the  partition  which  had  hitherto 
divided  the  oak-room  into  two  rooms,  and  made  the  whole  his 


dining-room,   and   added   to   it   the  glass  doors,  where   now   the 
portico  stands. 

*'  Also  at  a  very  great  expense  he  formed  the  cascade  in  the 


76  ARNISTON  MEMOIRS.  [1726. 

Gardener's  Park,  which  was  let  off  when  he  and  his  guests  sat 
down  to  dinner,  and  continued  to  run  for  about  an  hour.  The 
aqueduct,  which  filled  the  reservoir  pond  at  the  top  of  the  bank, 
was  brought  off  by  a  dam  immediately  beneath  the  junction  of 
the  Deanhead  and  Castleton  burns,  the  remains  of  which  are 
visible  in  the  wood  to  this  day.  I  just  recollect,  and  that  is  all, 
the  taking  down  of  this  cascade,  sometime,  I  think,  about  the 
1764,  when  the  present  garden  was  made  by  my  father.  The 
steps  and  stages  of  the  cascade,  resembling  that  at  Chatsworth, 
were  of  stone,  and  the  appearance  of  the  white  water,  tumbling 
down  from  one  to  the  other,  is  still  fresh  in  my  recollection.  The 
water  fell  into  the  pond  w^hich  is  now  in  the  middle  of  the  garden, 
and  thence  by  a  sluice  into  its  natural  channel  near  the  Grotto."  ^ 

These  works  seem  to  have  been  proceeded  with  very  slowly, 
part  of  the  buildings  remaining  unfinished  at  the  time  of  Mr. 
Dundas's  death.  The  beautiful  plaster- work  in  the  hall  and 
library  is  an  instance  of  this.^  It  seems  to  have  been  the  work 
of  one  man,  Joseph  Enzer,  probably  a  German,  who  was  engaged 
first  for  three  years,  and  subsequently  for  a  second  period  of 
the  same  duration,  his  employer  binding  himself  to  pay  the 
said  Joseph  Enzer  yearly  the  sums  contained  in  the  contract, 
and  "  entertaining  him  with  bed  and  board  in  his  said  house, 
or  any  other  place  where  he  should  employ  him.^' 

The  out-of-doors  work  advanced  more  rapidly,  and  within 
a  very  few  years  woods  and  pleasure  grounds  round  the  new 
mansion  had  been  completed. 

The  reduced  copy  of  the  plan  of  1726  shows  what  was  con- 
templated, and  illustrates  the  Scottish  landscape  gardening  of 
the  day.  In  addition  to  the  garden  and  orchard,  the  plan 
comprised  what  was  called  a  wilderness  or  shrubbery,  intersected 
in  all  directions  by  alleys  bordered  by  yew  hedges.  Carlyle, 
in  his  Autobiography,^  describes  a  similar  garden  at  Drumore, 


^  The  plan  given  on  p.  45  shows  the  woods  and  grounds  at  Arniston  in  1690. 
That  on  p.  75  shows  the  improvements  proposed  in  1726,  and  that  on  p.  77 
shows  what  had  been  done  by  1753,  the  date  of  Mr.  Dundas's  death.  Naturally, 
during  the  period  of  nearly  thirty  years  which  elapsed  between  the  commence- 
ment of  Mr.  Dundas's  improvements  and  his  death,  various  changes  in  the 
design  for  the  remodelling  of  Arniston  were  made.  The  plan  on  p.  75,  when 
compared  wth  that  on  p.  77,  will,  however,  give  a  general  idea  of  what  was 
proposed  and  what  was  carried  out. 

-  See  woodcut,  page  no.  ^  Page  7. 


1726.] 


LANDSCAPE  GARDENING. 


77 


in  East  Lothian,  jls  *'  full  of  close  walks,  and  labyrinths,  and 
wildernesses,  which,  thoutrli  it  did  not  (Kcupy  above  four  or  five 
acres,  cost  one  at  least  two  hours  to  perand)ulate."  Towards 
the  end  of  the  century,  wildernesses  had  had  tiieir  day ;  the 


fashion  changed,  and  people  became  weary  of  labyrinths  with 
their  endless  paths  and  trim  hedges.  The  wilderness  at  Arniston 
shared  the  fate  of  many  others.  Its  hedges  were  grubbed  up, 
except  that  here  and  there  a  yew  bush  or  two  were  left,  which, 
now  grown  into  trees,  serve  to  mark  the  lines  of  the  original  plan. 


CHAPTER    VII. 

THE  FIRST  PRESIDENT  BU'SBA^—co?itimied. 

As  a  counsel  at  the  bar,  during  tlie  years  which  followed 
his  dismissal  from  office,  in  1725,  Mr.  Dundas  achieved  the  very 
liighest  success  ;  and  his  name  is  honourably  associated,  in  the 
history  of  the  Scottish  bar,  with  the  vindication  of  the  rights  of 
juries  to  return  a  general  verdict  on  the  guilt  or  innocence  of  the 
accused.  From  the  time  of  Charles  ii.,  it  had  been  customary 
in  Scotland  to  restrict  the  jury  to  a  verdict  of  proven  or  not 
proven^  leaving  it  to  the  judges  to  determine  the  question  of 
whether  the  facts,  if  found  proven,  were  such  as  to  infer  the 
guilt  of  the  accused.  But  in  1728,  on  the  occasion  of  the  trial 
of  Carnegie  of  Finhaven,  for  the  murder  of  the  Earl  of  Strath- 
more,  the  eloquence  of  Dundas  persuaded  the  jury  to  return  a 
general  verdict  of  not  guilty,  and  the  right  of  a  jury  to  do  so 
has  never  since  been  questioned  in  Scotland.' 

Dundas  no  sooner  found  himself  in  opposition  than  the 
attractions  of  political  life  began  to  draw  him  steadily  into  the 
vortex  of  the  Parliamentary  struggle.  There  was  soon  no 
more  eager  or  influential  member  among  the  representatives 
of  Scotland.  And,  indeed,  the  times  gave  ample  opportunity 
for  a  vigorous  opposition.  It  was  in  1733  that  the  star  of 
Walpole  began  to  sink.  That  year  saw  the  introduction  of 
those  two  financial  measures  of  which  it  has  been  said,  that  the 
first  was  "  certainly  wrong,  but  carried  by  large  majorities  ;  the 
latter  as  certainly  just  and  wise,  but  repelled  by  the  over- 
powering force  of  public  indignation."  The  first  of  these 
measures  was  a  proposal  to  encroach  upon  the  Sinking  Fund, 
and  apply  half  a  million  of  money,  which  ought  to  have  been 

^  A  full  report  of  this  case  will  be  found  in  the  State  Trials,  vol.  xvii.  pp. 
73-151- 


1733]  THE  OPPOSITION  TO  WALPOLK.  79 

applied  to  the  reduttion  of  debt,  to  the  service  of  the  current 
vear.  This  luejtsure,  unsound  in  every  wav,  wjus  ap})roved  by 
Parliament  and  the  country.  The  second  measure  was  the 
Excise  scheme,  a  measure  which,  based  on  sound  ])rinciples  and 
calculated  to  confer  innnense  benefits  on  tlie  country,  had  to  be 
withdrawn  in  consequence  of  popular  clamour  and  the  opposi- 
tion of  the  House  of  Commons. 

Walpole  did  not  re-intro(hice  his  Excise  scheme ;  but  he 
neither  forgot  nor  forgave  his  opponents,  public  or  private. 
One  of  the  latter  was  I^)rd  Chesterfield,  who  was  a  member 
of  the  Government,  as  I^)rd  Steward  of  the  Household,  and 
who  was  dismissed  from  office  two  days  after  the  withdrawal  of 
the  Excise  scheme.  Soon  after  this,  the  Duke  of  Montrose, 
the  Earl  of  Stair,  and  the  Earl  of  Marchmont,  all  holding  offices 
in  Scotland,  were  dismissed  :  other  dismissals  followed,  with 
the  inevitable  result  of  strengthening  the  Op})osition,  whose 
influence  was  felt  during  the  general  election  of  1734.  The 
result  of  the  election  was  a  serious  diminution  in  the  strength 
of  Walpole,  who,  however,  had  still  a  majority  at  his  back 
amply  sufficient  to  enable  him  to  carry  on  the  Government. 

In  Scotland,  the  opposition  to  Walpole  was  gaining 
strength.  The  dismissal  of  the  Duke  of  Montrose  and  the 
Earls  of  Stair  and  Marchmont,  had  driven  these  noblemen  into 
open  opposition  ;  and  Lord  Hay,  who  since  1725  had  managed 
the  affairs  of  Scotland  on  behalf  of  the  great  Whig  minister, 
now  found  himself  confronted  by  the  powerful  opposition  of 
an  Independent  Whig  party.  It  is  undoubted  that  the 
opj^osition  to  Walpole  was,  so  far  as  most  Scotsmen  were  con- 
cerned, directed  not  so  much  against  the  financial  proposals  of 
the  minister,  as  against  the  power  of  his  Scottish  manager. 
Jealousy  may,  to  some  extent,  have  influenced  the  peers  who 
led  the  opposition  in  Scotland  ;  but  they  certainly  persuaded 
themselves  that  the  system  under  which  Scotland  was  being 
governed  was  not  fitted  to  serve  the  interests  of  the  reigning 
family,  and  accordingly,  in  all  their  endeavours  to  subvert  I^)rd 
Hay,  they  were  sustained  by  the  belief  that  they  were  pro- 
moting the  best  interests  of  the  country. 

Mr.  Dundas  took  an  active  })art  in  leading  the  opposition 
of  the  Scottish  re{)resentative  peers  and  members  of  the  House 
of  Commons  to  the  system  of  "  corruption  and  oppression,**^  by 


80  ARNISTON  MEMOIRS.  [1734. 

which,  as  they  honestly  believed,  the  government  of  Scotland 
was  administered  by  the  Earl  of  Hay.  He  acted  as  adviser  to 
the  Scottish  peers,  and  gave  to  their  councils  the  aid  of  his 
Parliamentary  experience  and  clear-headed  talent  for  business. 
He  seems  to  have  anticipated  ultimate  disaster  to  the  country 
as  the  result  of  the  Government  measures,  and  to  have  looked 
upon  its  prospects  as  gloomy  in  the  extreme. ^ 

Apart  from  his  attachment  to  the  Independent  Whig  party, 
and  zeal  for  its  cause,  his  opposition  to  the  Earl  of  Hay  was 
stimulated  by  distrust  in  the  loyalty  of  the  EarPs  agents. 

Mr.  Dundas  to  his  Son  {aftenvards  Second  President  Dundas) 
at  Utrecht  J  where  he  was  Studying. 

MUREHOUSE,  Nov.  3,   1733. 

Son, — I  was  glad  to  know  of  your  safe  arrival  at  Utrecht,  and 
hope  you  will  take  care  not  to  make  your  journey  as  useless  as 
most  young  people  do.  ...  I  assure  you  the  appearance  of  things 
abroad  doth  heartily  alarm  all  of  us  who  wish  well  to  the  present 
constitution,  and  have  no  places  to  take  care  of.  God  prevent  our 
fears.     Take  care  of  your  health  and  studies.     Adieu. 

Mr.  Dundas  to  his  Son  at  Utrecht. 

Son, — I  can  give  you  veiy  little  account  either  of  myself  or  of 
what  is  doing  here.  I  have  often  told  you  that  there  is  no  such 
thing  as  writing  news  unless  we  have  a  mind  that  what  we  write 
should  be  read  at  the  post-office.  And,  as  for  myself,  the  sum  of 
the  whole  is,  that  1  never  was  so  harrassed  with  close  attendance 
on  our  House  of  Commons  to  no  other  purpose  than,  far  as  we 
can,  to  prevent  other  folks  doing  mischief.     Farewell. 

Ro.  Dundas. 

London,  2\st  March  1734. 

London,  2d  April  1734. 

Son, — .  .  .  You  know  I  never  write  any  news  for  a  very  good 

reason.     I  must  still  leave  you  to  make  your  judgment  from  what 

you  hear,  and,  in  general,  not  to  believe  one  word  but  what  you 

are  well  assured  of.     Our  proceedings  in  Parliament  will  certainly 


Letter  to  his  son,  Feb.  6,  1735. 


1734]  LF/ITKRS  ON   PUBLIC  AFFAIRS.  81 

alarm  every  country  either  with  joy  or  surprise  ;  our  hist  resolution 
surely  shows  more  confidence,  or  more  submission,  than  ever  King 
William  could  obtain,  or  ever  King  Charles  adventured  to  ask.  .  .  . 
Farewell.  Ro.  Dundas. 


Mh.  Dundas  lo  his  Ward  and  Nephew,  Lord  Baroany, 
at  Vlrccht. 

KdIN BURGH, ////;' 6,   1734. 

My  Lord, — I  am  glad  you  are  arrived  safe  at  Utrecht,  and 
hope  you  are  in  perfect  health.  As  for  divisions  at  the  time  of 
our  Elections  I  had  no  share  in  them,  tho'  I  had  some  of  the 
trouble.  However,  our  transactions  make  a  good  deal  of  noise, 
as  you  '11  see  by  the  public  prints,  and  probably  may  make  some 
more  when  the  parliament  sits  down.  Such  a  set  of  Peers  I  think 
we  never  had  set  up  and  forced  through,  in  opposition  to  so  many 
much  greater  men  and  the  best  families ;  acts  of  power  too  strong 
ct  aiiri  sacra  fames.  As  to  the  elections  of  our  commoners,  there 
are  many  more  factious  persons  than  even  last  parliament  from  the 
counties,  and  would  have  been  more  still  if  the  returns  had  been 
fairly  made,  but  such  liberties  were  taken  by  the  sheriffs  and  re- 
turning officers,  and  such  barefaced  things  done,  as  j)ower  and 
a  majority  can  alone  screen  and  justify. 

Mr.  Dundas  1o  his  Son  at  Utrecht. 

Feb.  6,  1735. 
Son, —  I  have  now  been  in  London  near  a  month,  in  a  continual 
hurry,  so  as  that  resolved  to  write  to  you  every  post,  I  have  slipped 
them  from  day  to  day.  We  go  on  much  in  the  old  way  ;  there  are 
a  far  greater  number  of  opposers  in  the  House  of  Commons  than 
hath  been  seen  at  any  time  before  ;  and,  to  be  sure,  the  generality 

of  the  whole  nation  quite  dissatisfied  both  with  our  M r  and 

his  measures,  but,  as  they  have  a  majority  in  the  house,  corruption 
and  oppression  in  elections  will  probably  increase  it,  and  so  we 
will  be  left  to  struggle  for  the  sinking  liberty  of  our  country  till 
God  in  his  providence  interpose  to  save  us  ;  and  if  he  hath  destined 
us  for  destruction,  to  be  sure  we  must  fall  into  it.  For  the  other 
House,  nothing  can  be  expected  from  them ;  such  a  sixteen  as  M-e 
have.     God  pity  them.  .  .  . 

"  Such  a  sixteen  as  we  have !  God  pity  them !  "^  The 
"sixteen**^  were  the  representative  peers  elected  at  Holyrood 

K 


82  ARNISTON  MEMOIRS. 


1734. 


in  the  previous  summer,  during  the  general  election.  Those 
who  are  accustomed  to  witness  the  sleepy  ceremony  of  electing 
the  Scottish  representative  peers  at  the  present  time  can 
hardly  realise  the  passions  which  the  same  ceremony  roused 
during  last  century.  Before  the  dissolution  it  had  been  pro- 
posed, in  the  House  of  Lords,  that  the  peers  from  Scotland 
should  be  chosen  by  ballot ;  but  this  proposal  had  been  rejected. 
When  the  day  of  election,  the  4th  of  June  1734,  drew  near, 
the  King's  list,  a  list  of  those  peers  whom  the  Ministry  wished 
to  be  elected,  was  sent  down  in  accordance  with  custom  ;  but 
it  was  well  known  that  trouble  was  brewing.  A  regiment  of 
soldiers  was  stationed  in  the  courtyard  of  Holyrood  Palace, 
— for  the  purpose,  the  opponents  of  the  Government  said,  of 
overawing  the  peers, — for  the  purpose,  the  supporters  of 
Government  said,  of  preventing  confusion  and  rioting.  When 
the  voting  took  place  the  Government  sixteen  were  chosen  ; 
and  the  peers  separated,  after  a  scene  of  angry  recrimination, 
with  their  hearts  inflamed  with  pride  and  jealousy. 

This  incident  was  of  service  to  the  Opposition.  It  has 
already  been  explained  how  Lord  Chesterfield's  dismissal  from 
office,  in  consequence  of  his  opposition  to  the  Excise  scheme, 
had  been  followed  by  the  dismissal  of  the  Scottish  peers, 
Montrose,  Stair,  and  Marchmont.^  Chesterfield  and  Carteret, 
who,  for  some  years,  had  been  opposed  to  Walpole,  even  while 
liolding  offices  in  his  Government,  and  who  latterly  had  joined 
the  Opposition  openly,  now  approached  Montrose,  Stair,  and 
Marchmont,  and  proposed  that  steps  should  be  taken  for  the 
purpose  of  calling  Ministers  to  account  for  what  had  taken 
place  at  the  election  of  the  Scottish  peers. 

Gradually  the  plans  of  the  Opposition  were  laid.  It  would 
take  many  pages  to  describe  the  negotiations  which  took  place ; 
for  letters  on  this  subject  are  to  be  found  in  the  public  archives 
at  the  Record  Office,  among  the  Arniston  letters,  at  Oxenfoord, 
among  the  correspondence  of  the  second  Earl  of  Stair,  and  in 
many  other  collections. 

The  chief  advisers  of  the  peers  were  Dundas  and  James 
Erskine  of  Grange,  who  had  recently  resigned  his  seat  on  the 
bench,  on  the  passing  of  the  Act  which   prevented   Scottish 

^  StiprUy  p.  79. 


1735-1  MEETING  OF  OPPOSITION  PEERS.  SS 

ju(l«j;es  l)ein«i^  monihers  of  Parliament,  and  who  now  represented 
C'lackniannanshire  in  the  House  of  Connnons.  Parliament  was 
to  meet  for  business  on  the  14th  of  January  1735 ;  and,  two 
days  before,  on  Sunday  the  12tli,  a  meeting  was  lield  at  I^)rd 
CobhanTs.      Duiulas  had  ivaehed  London  two  days  previously. 

Mh.   Dundas  iu  his  WiFE.^ 

LoN DON, ya«.  II,  1735. 

My  dearest  dear  Anne, — Yesterday  morning  we  got  safe  here, 
and  considering  what  terrible  roads  we  had,  it  is  a  wonder  there 
w^as  not  one  fall  among  us.  We  had  fine  weather  all  the  way 
except  Wednesday,  which  was  one  of  the  terriblest  days  ever  was 
seen  ;  and  seems  to  have  been  much  worse  here  than  on  the  road, 
for  it  is  amazing  what  mischief  it  hath  done  in  this  place  ;  many 
houses  blown  down,  innumerable  chimneys,  windows,  and  roofs ; 
in  short,  vast  destruction  of  all  kinds,  and  a  great  many  people 
killed ;  nothing  hath  been  seen  like  it  since  the  great  hurricane 
in  the  year  1703. 

Our  parliament  folks  seem  pretty  well  convened,  and  great 
talking  of  strong  doings,  but  I  believe  our  greatest  battles  will  be 
about  elections. 

Make  my  compliments  to  my  friends,  and  take  care  of  my 
Dearest  Life  and  Pleasure. 

To  the  Lady  Arniston,  younger, 
At  her  house  in  Edinburgh. 

At  the  meeting  at  Lord  Cobham'*s  there  were  present  the 
Dukes  of  Hamilton,  Queensberry,  and  Montrose,  the  Earls  of 
Kincardine,  Dundonald,  Stair,  and  Marchmont,  and  Lord 
Elj)hinston;  all  of  whom,  with  the  exception  of  Lord  Kincardine, 
represented  the  Scottish  peers  who  had  been  rejected  at  the 
election.  Lord  Chesterfield  and  Lord  Carteret  were  also  there. 
Dundas  and  Erskine  attended  to  advise  the  peers.  A  memo- 
randum in  the  Marchmont  collection  describes  what  was  done 
then,  and  at  subsequent  meetings.^ 

"  Mr.  Erskine  read  all  the  papers  he  had  prepared  upon  the 
evidence.  .  .  .  After  full  reasoning  upon  the  evidence,  and  when 

^  Anne,  second  wife  of  Mr.  Dundas.     She  was  daughter  of  Sir  William 
Gordon  of  Invergorden,  Bart.     Cf.  p.  87. 
*  Marchmont  Papers,  vol.  ii.  57. 


84  ARNISTON  MEMOIRS.  [1735. 

many  objections  had  been  made  to  it  by  Lord  Carteret  and  Mr. 
Dundas,  another  meeting  was  appointed  at  Mr.  Pulteney's.  .  .  . 
Lord  Polwarth  was  to  lay  the  transactions  in  Scotland  in  general 
before  the  House^  and  to  be  seconded  by  Mr.  Dmidas  and  Mr. 
Erskine,  and  upon  the  being  heard  at  the  bar,  Mr.  Sandys  was  to 
move  the  impeachment  (of  the  Earl  of  Hay),  and  be  supported  by 
the  rest. 

"  On  Sunday,  the  2d  of  February,  there  was  a  meeting  at  the 
Duke  of  Queensberry's.  Present  (most  of  the  above),  when  the 
Lords  reasoned  long  and  fully  upon  the  expediency  of  presenting 
their  petition  to  the  House  of  Lords,  the  Duke  of  Roxburgh  and 
Marquis  of  Tweeddale  reasoning  against  it.  But,  after  long  and 
full  reasoning,  and  Mr.  Dundas'  delivering  his  opinion  that  it 
was  absolutely  necessary,  for  that  the  Lords  were  betwixt  the  devil 
and  the  deep  sea;  and  Mr.  Erskine  being  likewise  of  the  same 
opinion,  it  seemed  agreed  to  by  all  that  the  petition  should  be 
presented.  ... 

"  Feb.  8. — The  Dukes  Bolton,  Hamilton,  Queensberry,  and 
Montrose,  the  Earls  of  Dundonald,  Marchmont,  and  Stair,  Viscount 
Cobham,  Lords  Gower  and  Bathurst,  and  Mr.  Dundas,  met  at  the 
Duke  of  Queensberry's  and  agreed  to  the  draft  of  a  petition,  which 
is  in  the  terms  of  the  resolution  offered  in  the  House  of  Lords  last 
session,  and  which,  by  the  opinion  of  Mr.  Dundas  and  those  pre- 
sent, can  be  legally  proved  by  the  evidence  ready  to  be  adduced." 

It  was  in  the  midst  of  these  events  that  Dundas  wrote  to 
his  son,  "  Such  a  sixteen  as  we  have  ! "'''  ^  The  attack  began  by 
a  petition,  which  was  presented  to  the  House  of  Lords  by  the 
Duke  of  Bedford,  declaring  that  illegal  methods  had  been  used 
at  the  election  of  the  peers.  Inquiry  was  ordered,  but  the 
movement  collapsed,  probably  because  the  Government  was 
able  to  counteract  the  efforts  of  the  Opposition  to  bring 
sufficient  evidence  to  support  the  charge. 

In  the  House  of  Commons,  Dundas  brought  forward  the 
subject  of  the  peers'  election  in  Committee  of  Supply,  when  a 
proposal  was  made  to  increase  the  army,  by  citing  the  use 
which  had  been  made  of  the  royal  forces  at  Holyrood  on  the 

1  The  sixteen  representative  peers  chosen  in  1734  were  the  Dukes  of  Athole 
and  Buccleuch,  the  Marquis  of  Lothian,  the  Earls  of  Crawford,  Sutherland, 
Morton,  Loudoun,  Findlater,  Selkirk,  Balcarres,  Dunmore,  Orkney,  Portmore, 
Hopetoun,  Hay,  and  Lord  Cathcart. 


1733]  FAMILY  TUOUBLKS.  85 

election  day.  But,  rich  as  the  Scottish  o|)j)osition  was  in 
Uilent,  for  Dinuhis  and  Krskine  of  (i range  were  debaters  of  the 
first  rank,  it  was  impossible  to  make  way  against  the  majority 
which  supported  tlie  Minister;  and  nothing  came  of  that 
movement  against  Walpole. 

MeiHitime  there  had  been  trouble  at  Arniston  ;  and  the 
following  letters,  relating  to  the  losses  in  the  family  from  small- 
pox, show  in  a  striking  manner  the  fearful  mortality  arising 
from  that  disease  previous  to  Jenner'*s  discovery  of  vaccination. 

George,  I^)r(l  Dalzell,  and  Lord  Garlics^  scm,  who  are 
alluded  to  in  these  letters,  were  probably  boys  at  the  school 
of  DtUkeith,  which  continued  to  be  a  well-known  school  down 
to  the  beginning  of  this  century. 

Mr.  Dundas  to  his  Son^  at  Utrecht. 

Edinr.,  No:'.  13,  1733. 
Son, — .  .  .  Your  brother  George  lies  sick  of  the  smallpox  at 
Dalkeith,  as  does  Lordie  Dalzell.  George  is  really  bad  enough, 
a  vast  load  of  them,  and  some  bad  symptoms,  but  we  are  not  out 
of  hopes.  Poor  James  Stewart,  Garlies'  son,  died  of  them  there, 
on  Sunday  last.  They  are  raging  in  all  this  country,  and  of  a  bad 
kind. 

A  week  later,  Mrs.  Dundas  ^  writes : — 

Nov.  20,  1733. 

My  dear  Rob., — .  .  .  It  has  pleased  God  to  remove  George 
by  death  upon  Saturday  last.  This  is  no  light  dispensation,  but 
we  must  submit  to  the  will  of  God,  who  does  everything  wisely, 
both  for  his  own  glory  and  our  good.  I  pray  the  Lord  the  loss  of 
him  may  be  made  up  in  sparing  and  preserving  both  my  dear  Rob. 
and  the  rest.  I  hope  you  will  be  a  comfort  and  blessing  to  your 
father,  and  so  far  as  possible  be  observing  of  all  his  commands, 
and  learn  to  become  like  him  in  all  his  qualifications. 

You  cannot  copy  after  a  better  pattern,  he  has  your  good  much 
at  heart. — Yours,  Eliz.  Dundas. 

*  Robert,  afterwards  second  President  Dundas,  then  a  student  at  the  Univer- 
sity of  Utrecht. 

-  The  first  Mrs.  Dundas,  Elizabeth,  daughter  of  Robert  Watson  of  Muir- 
house.     Cf.  p.  59. 


86  ARNISTON  MEMOIRS.  [1734. 


Mr.   Dundas  to  his  Son. 

Edinr.,  Dec.  20,  1733. 
Son, — I  own  I  am  in  such  confusion  just  now,  that  I  can  scarce 
write  this  letter,  short  as  it  will  be.  It  hath  pleased  God  to  carry 
off  your  brother  John,  so  that  you  are  now  left  alone,  and  you 
have  the  more  reason  to  take  a  proper  care  of  yourself.  I  was 
to  have  gone  out  (to  Arniston)  this  day,  in  order  to  have  buried 
him  to-morrow^  morning,  but  unluckily  your  mother,  who  is  now 
six  months  gone  with  child,  and  hath  kept  her  bed  these  several 
weeks,  was  taken  so  ill  this  morning  about  six  o'clock,  that  I 
thought  she  would  have  expired  in  my  arms  before  she  got  any 
help.  Since  I  write  this  she  is  a  little  easier,  and  the  physicians 
think  she  may  yet  escape  even  the  losing  of  the  child. — Farewell. 

Ro.  Dundas. 


Mr.  Dundas  to  his  Son. 

Jan.  I,  1734. 
Son, — The  misfortunes  of  our  family  seem  still  to  go  on. 
Poor  Susie  is  now  in  her  grave,  and  Annie  lies  extremely  ill  with 
the  smallpox.  I  came  to  town  last  evening,  and  have  no  expec- 
tation of  seeing  her  again.  Your  mother  hath  been  better  and 
worse  since  I  last  wrote  to  you ;  these  last  four  days  she  has  been 
pretty  easy,  but  certainly  weaker  .  .  .  Her  circumstances  must  be 
owned  to  be  very  ticklish.  She  knows  nothing  of  Susie's  death 
nor  Annie's  illness,  and  our  design,  if  possible,  is  to  conceal  both 
their  fates  from  her,  till  we  see  how  it  pleases  God  to  dispose  of 
herself. — Farewell.  Ro.  Dundas. 


Mr.  Dundas  to  his  Son. 

Edinr., /a;/.  5,  1734. 
Son, — I  am  glad  to  be  able  to  tell  you  that  your  mother  is  no 
worse.  ...  At  the  same  time  I  have  the  misfortune  to  acquaint 
you  that  it  hath  pleased  God  to  make  another  breach  in  our 
family.  Yesternight  Annie  died,  and  I  am  just  going  out  of  town 
in  order  to  bury  her  to-morrow. 

Mrs.    Dundas,    however,    died    soon    after   this   letter    was 
written. 


1734]       SECOND  MAHUlACiE  OF  MR.  DUNDAS.  87 

Mr.  Dundas  to  his  Son. 

London,  Feb.  12,  1734. 
Son, — I  came  to  this  place,  Sunday  was  seven  night,  and  have 
been  as  well  since  in  my  health  as  I  could  expect.  I  have  heard 
from  Scotland  that  the  poor  remains  of  our  family  are  well.  I 
had  one  from  you  Sunday  last,  the  subject  is  too  melancholy  for 
me  once  to  mention  it ;  you  have  lost  the  best  of  mothers,  and  1 
an  incomparable  wife.  I  can  write  you  nothing  in  way  of  news, 
all  our  letters  being  opened  in  the  old  way.  Everj'body  must  see 
the  situation  both  we,  and  the  country  where  you  now  are,  are  in 
with  respect  to  public  affairs.  God  send  us  a  miraculous  unfore- 
seen deliverance.  They  say  we  are  to  have  a  short  session  of 
Parliament.  I  shall  be  glad  of  it;  but  I  cannot  entirely  trust 
them  ;  neither  can  they  know.  I  lodge  at  Mr.  Ross's.  Take  care 
of  yourself,  mind.     I  have  no  more,  and  farewell. 

Ro.  Dundas. 

In  the  summer  of  1734,  Mr.  Dundas  married  again,  his 
second  wife  being  Amie,  daughter  of  Sir  William  Gordon  of 
Invergordon.  It  appears  from  a  memorandum  on  the  flyleaf 
of  a  Bible  which  belonged  to  Mrs.  Dundas,  that  the  marriage 
took  place  on  the  3d  of  June  at  Edinburgh. 

Soon  after  this  the  following  letters  ])assed  between  mem- 
bers of  the  family  : — 


Lord  Bargany  to  Robert  Dundas  ^  at  Utrecht. 

1734. 

D.  Rob., — I  had  a  letter  from  you  lately,  which  came  to  my 
hand  at  Arniston,  where  I  have  been  staying  these  eight  days 
past. 

The  professor'-^  of  law  and  I  have  plyed  the  hunting  close. 
The  dogs  run  mighty  well,  but  the  stable  is  in  very  bad  order,  so 
that  I  suppose  when  your  papa  comes  from  London  he  will  be  so 
much  out  of  humour  that  the  dogs  forthwith  will  be  sent  a  pack- 
ing. Indeed,  before  he  went  away,  he  seemed  to  be  much  cooled 
as  to  his  keenness.     Formerly  he   used  to  get  out  of  bed  to  go  a 

*  Robert,  eldest  son  of  Mr.  Dundas,  and  afterwards  second  President  Dundas. 
-  Laurence  Dundas,  Professor  of  Law  in  the  University  of  Edinburgli,  and 
founder  of  the  Dundas  Bursaries. 


88  ARNISTON  MEMOIRS.  [1736. 

hunting  by  six  or  seven  in  the  morning ;  and  now,  betwixt  ten 
and  eleven  is  reckoned  a  more  proper  hour. 


Mr.  Dundas  to  his  Son  at   Utrecht. 

Arniston,  Aug.  II,  1735. 
...  I  have  this  night  got  communicated  to  me  by  Sir  William 
Cockburn  an  intrigue  that  it  seems  hath  been  carried  on  for  some 
time  betwixt  Mr.  Cockburn  of  Cockpen  and  my  sister  Martha, 
with  my  motlier  s  concurrency,  without  paying  me  that  small 
degree  of  civility  ever  to  acquaint  me  of  it.  In  short,  I  suppose 
it  is  to  be  a  marriage,  and  so  little  to  my  taste  for  many  reasons, 
that  I  could  as  soon  see  her  drowned.  You  may  judge  what  good 
blood  this  will  make  in  our  family,  but  there  is  no  help  for  it.^ 

Mr.   Dundas  to  his  Wife. 

LoNDOX,  Fed.  17,  1736. 

My  dearest  Life, — Here  I  am,  pretty  well,  yet  still  coughing, 
no  more  in  love  with  the  place  than  the  first  day  I  came  to  it.  I 
have  been  at  no  publick  place,  but  the  House.  I  do  not  go  to 
St.  James's,  and  shall  not  be  much  in  the  play-house  while  this 
cold  continues.  There  are  few  of  my  acquaintance  here  enjamille, 
so  that  I  have  little  to  do  of  an  evening  but  come  home  and  read 
a  book. 

London,  Fed.  26,  1736. 

I  had  the  pleasure  of  yours  from  Dundas  yesterday.  I  hope 
you  are  not  the  worse  for  that  journey,  but  I  am  afraid  it  was  too 
much  hazarded  in  so  bad  weather  and  roads,  and  you  will  surely 
excuse  my  anxiety  about  what  I  value  so  much. 

We  are  all  like  to  be  destroyed  here  by  cold  weather  and  hot 
elections.  .  .  .  My  dearest,  I  desire  you  will  tell  John  Dickson  to 
take  care  the  crows  get  not  liberty  to  nestle  on  the  trees  at 
Arniston ;  this  is  their  time  of  taking  up  their  quarters,  but  I 
desire  they  may  have  none  there.  Let  him  get  powder  and  lead, 
and  shoot  them,  and  get  speelers  of  iron  for  the  boys  to  climb  up 
and  pull  down  their  nests.  Tell  him  and  the  gardener  likewise, 
that  I  desire  the  second  row  of  Holly  trees  from  the  bowling 
green,  on  each  side,  may  be  taken  out,  and  that  the  first  row  on 

1  The  marriage  took  place ;  and  in  the  following  year  a  son  was  born, 
Archibald  Cockburn,  afterwards  Sheriff  of  Midlothian,  and  the  father  of  Lord 
Cockburn. 


1737]         DEATH  OF  PRESIDENT  DALRYMPLK.         •     89 

each  side  of  the  bowling  green  may  be  filled  up  with  them,  as  far 
east  as  the  length  of  the  opening  of  the  walk  that  runs  down  the 
barn  croft,  along  which  the  Holly  hedge  runs  on  the  top  of  the 
sunk  fence  ;  and  that  hedge  where  it  is  ill  grown  may  also  be  cut 
over.  There  are  also  some  bad  trees  in  the  line  next  the  bowling 
green  on  the  north  side  ;  let  the  bad  ones  be  changed,  and  better 
ones  of  the  second  rows,  which  are  to  be  taken  up,  put  in  their 
places.  There  are  likewise  some  gone  back,  on  the  south  side  of 
the  house,  let  them  be  supplied.  I  desired  likewise,  that  the 
little  spot  of  ground  in  front  of  your  windows,  might  be  dressed 
and  planted  with  flowers.  I  have  writ  VVoodhall  ^  asking  a  supj)ly 
of  flowers  from  him,  if  he  can  spare  them,  and  probably  he  will 
write  to  you  about  it.  John  Dickson  may  expect  the  clover  seed 
I  was  to  send  by  a  ship  that  sails  on  Saturday.  I  suppose  by  this 
time  he  hath  opened  the  view  through  the  Fir  park. 

Sir  Hew  Dalrynij)le,  President  of  the  Court  of  Session, 
died  on  the  1st  of  February  1737.^  Twelve  years  had  now 
passed  since  Dundas  had  lost  the  office  of  Lord  Advocate  ;  but, 
during  that  time,  he  had  gained  so  great  a  character  for  legal 
ability,  that  it  was  natural  he  should  aspire  to  the  highest  seat 
on  the  bench.  The  Duke  of  Argyll  and  Lord  Hay,  his  brother, 
had,  however,  so  powerful  voice  in  all  Scottish  appointments, 
that  without  their  support  it  was  impossible  to  obtain  so 
important  an  office  as  that  of  Lord  President.  Indeed,  at  this 
time,  no  Sheriff  was  appointed  in  Scotland  except  with  the 
approval  of  the  Duke  of  Argyll.  "  The  whole  nomination ''' 
(of  Sheriffs),  Andrew  Mitchell^  writes  to  Dundas,  "  seems  to  be 
little  more  than  a  list  of  the  sons,  sons-in-law,  and  alliances  of 
those  gentlemen  whom  the  D.  of  A.  has  thought  fit  to  place 
upon  the  bench.'*'' 

In  the  same  letter  Mr.  Mitchell  alludes  to  the  President- 
ship. "  After  what  has  happened,"  he  says,  "  I  confess  I  am 
more  doubtful  than  ever  of  the  nomination  of  President,  unless 
what  has  been  done  shall  be  considered  as  a  sort  of  compensa- 
sation  for  what  is  to  be  done  ;  but  of  this  I  have  little  hopes, 

1  George  Sinclair  of  Woodhall,  afterwards  a  judge,  with  the  title  of  Lord 
Woodhall.     He  was  third  son  of  Sir  John  Sinclair  of  Stevenson. 

'  Sir  Hew  Dalrymple,  third  son  of  the  first  Lord  Stair,  ]»ad  been  President 
since  June  1698. 

'  Afterwards  Sir  Andrew  Mitchell.  He  was  ambassador  at  the  Court  of 
Berlin  during  a  great  part  of  the  reign  of  George  ii. 


90  ARNISTON  MEMOIRS.  [1737. 

as  the  D.  of  A.  grows  every  day  more  powerful,  and  of  more 
consequence.     He  therefore  must  not  be  disobliged." 

In  the  end  the  Government  resolved  to  appoint  the  Lord 
Advocate,  Duncan  Forbes  of  Culloden,  whose  long  and  splendid 
public  services,  combined  with  great  legal  ability  and  high 
personal  character,  had  certainly  given  him  a  very  strong 
claim  for  the  office.  He  was,  moreover,  a  great  friend  of  the 
Argylls. 

There  was,  however,  another  vacancy  on  the  bench  at  this 
time,  caused  by  the  death  of  Sir  Walter  Pringle  of  Newhall. 
Sir  Walter  had  been  made  a  judge  in  1718,  at  the  time  when 
Mr.  Dundas  had  requested  Sir  Robert  Walpole  to  relieve  him 
of  the  office  of  Solicitor-General,  by  giving  him  a  seat  on  the 
bench  ;^  and  Mr.  Dundas  had  now  to  consider  whether  he 
should  accept  of  the  judgeship  which,  nineteen  years  before,  he 
had  unsuccessfully  applied  for.  He  wrote  to  Lord  Hay  on  the 
subject,  and  received  an  answer  advising  him  to  do  so : — 


Lord  Ilay  to  Mr.  Dundas. 

.  .  .  Some  years  ago  I  was  not  miwilhng  that  you  should  have 
stood  first  oars  (as  we  say  here),  which  the  other  (Forbes)  does 
now,  so  that  all  that  remains  is  whether  you  should  take  the  other 
(judgeship).  Every  office  becomes  greater  or  less  in  a  great  measure, 
according  to  the  character  and  abilities  of  the  person  who  enjoys 
it.  The  dignity  of  a  judge  shines  strongly  here  in  Cummings,  and  is 
lost  in  Page ;    L*^    Anstruther    added   lustre    to    Lord  Whitelaw, 

and  so  will  Lord ^  to  you.     The  preference,  unavoidable  at 

present,  will  appear  manifestly  to  all  the  people  of  Scotland,  not 
to  arise  from  the  comparison  of  the  persons,  but  the  situation  of 
them,  for  the  time  being.  ...  I  am  sensible  of  the  great  regard 
you  have  been  pleased  to  show  me,  in  desiring  my  opinion  in  this 
matter  in  which  you  are  so  nearly  concerned,  and  when  I  presume 
to  advise  you  to  accept  of  it,  I  declare  to  you  that  I  should  think 
myself  unworthy  of  your  good  opinion  or  friendship,  and  indeed 
of  all  mankind,  if  I  did  not  do  it  with  the  utmost  sincerity. — I  am. 
Sir,  your  most  obed*  &  most  humble  servant,  Ilay. 

14M  A/ay  1737. 

1  Supra,  p.  60.  -  Left  blank  in  the  original. 


1737]  ACCIDENT  TO  LORD  ARNISTON.  91 

Mr.  Dumlas  made  up  his  niiml  to  accept  of  the  jiulgeshi]), 
and  took  his  seat  on  the  bench  as  l^ord  Arniston,  on  the  10th 
ofJune  1737. 

Not  h)ng  after  his  elevation  to  the  bench,  l^)rtl  Arniston 
met  with  an  ahirmin^  accident,  which  he  was  of  opinion  mi<j;ht 
have  pro  veil  fatid. 


Lord  Arniston  to  his  Son  Robert. 

Edinburgh, /«/?/ 21,  1737. 

Son, — I  had  one  from  you  some  days  ago,  since  which  I  have 
not  been  able  to  write,  by  reason  of  a  most  unhappy  accident 
that  befell  me.  Thursday  last,  as  I  was  going  out  to  Arniston 
about  mid-day  in  a  single  horse  chaise,  with  Mr.  Turnbull  the 
minister  along  with  me,  in  passing  an  empty  hay  cart  betwixt 
Dalhousie^  and  Carrington,  the  cart  horses,  startled  at  the  rattling 
of  the  chaise,  ran  away  with  the  cart  upon  us,  and  the  cartwheel, 
coming  betwixt  our  wheel  and  the  chaise,  tumbled  us,  chaise, 
horse,  and  all  topsie  turvy,  and  dragged  us  a  great  way,  chaise 
and  all  along  the  ground.  I  was  pressed  twofold  below  the  chaise, 
by  which  my  whole  body,  especially  my  breast,  was  most  miserably 
bruised.  What  with  repeated  bleeding  and  cupping,  I  am  now  a 
good  deal  better,  but  still  in  considerable  pain.  I  have  reason  to 
bless  God  that  things  are  not  worse ;  I  had  no  prospect  at  the 
time  that  it  was  possible  my  life  could  have  been  saved,  and 
nothing  but  Providence  could  have  saved  me  from  being  crushed 
to  powder.  I  hope  there  is  nothing  inwardly  hurt,  since  I  have 
had  no  fever,  but  my  pulse  quite  calm,  though  my  bones  and 
muscles  are  in  great  pain.  Mr.  Turnbull  was  more  lucky,  the 
violence  of  the  shock  threw  him  some  distance  both  from  cart 
and  chaise,  so  that  he  was  little  or  no  way  hurt. 

In  the  spring  of  1739,  Mr.  Dundas,  now  Lord  Arniston, 
and  Mrs.  Dundas,  paid  a  visit  to  their  relatives  at  Inver- 
gordon. 

^  The  road  from  Edinburgh  to  Arniston  still  was  by  Dalhousie  and  Carring- 
ton, and  across  Traquair's  Bridge,  below  the  meeting  of  the  waters. 


92 


ARNISTON  MEMOIRS. 


[1739- 


The  itinerary  of  the  journey  and  their  travelling  expenses 
were  as  follows  : — 

Thursday,  April  19, — Arniston  to  Leith,  and  across  the   Ferry   to 


Kinghorn : 

Expenses  at 

Leith,    . 

£^  15  10 

at 

Kinghorn, 

I     8     8 

Friday  20th, 

Falkland, 

0     8     I 

)j 

Perth, 

I     4     I 

Saturday  21st, 

Inver, 

0     911 

Sunday  22d, 

Blair, 

0  18     5 

Monday  23d, 

Dalnacardoch, 

0  16     9 

») 

Dalwhinnie, 

0  10  10 

Tuesday  24th, 

Ruthen,     . 

0  17  II 

>» 

Aviemore, 

0     5     5 

» 

Corryburgh, 

020 

?5 

Dalinagarry, 

0  13  II 

Wednesday  25th 

,  Inverness, 

I     2     2 

Kepock  and  Inv 

ergordon. 

0  10    0 

Simon,  Lord  Lovat,  writes  to  express  his  regret  that  sick- 
ness had  prevented  him  paying  his  respects  to  Lord  Arniston 
since  he  came  into  that  neighbourhood.  He  continues,  in  his 
customary  strain  of  mock  humility  : — 

...  If  your  Lordship  goes  south  by  Inverness,  the  best  road 
is  within  a  quarter  of  a  mile  of  this  hut ;  for  I  have  made  a  very 
good  coach  road  from  this  little  house  to  Inverness,  and  if  your 
Lordship  would  do  me  the  honour  and  singular  pleasure  to  come 
and  lodge  one  night  in  this  little  hut,  I  can  frankly  assure  your 
Lordship,  that  there  were  never,  nor  will  be,  any  guests  in  it  more 
welcome  than  my  Lord  and  my  Lady  Arniston. 

I  beg  your  Lordship  may  believe  that  I  am  with  the  greatest 
truth,  and  the  utmost  esteem  and  respect,  my  good  Lord,  your 
Lordship's  most  obedient,  most  obliged  and  most  humble  servant, 

Lovat. 

Beaufort,  26th  May  1739. 


A  journey  to  Inverness  was  no  easy  matter  in  those  days. 
General  Wade  had  by  this  time  completed  the  greater  part  of 
his  system  of  roads  throughout  the  Highlands  ;  but  the  main 
road  between  Perth  and  Inverness,  which  had  existed  for  many 
years,  was  still  of  a  very  primitive  description.  Even  the 
roads  between  Scotland  and  London  were  rough  and  dangerous. 


I740.1  THE  GOAT-WHKY  CURE.  9^ 

and  a  journey  to  the  nipital  wjis  a  tedious  aiul  sometimes 
liazardous  uiulcrtakin<;.  We  find  Mr.  Duiuhus  writing  from 
hondon  to  Mrs.  Dundas,  "  Yesterday  morning  we  got  safe 
here,  and,  considering  wliat  terrible  roads  we  had,  it  is  a 
wonder  there  wtts  not  one  fall  among  us.'"  Again,  he  writes  to 
his  wife,  who  was  near  her  confinement,  "  I  beg  of  you  to  \ye 
very  careful  jus  to  travelling,  and  consider  whether  it  will  be 
siifer  for  you  to  go  (to  Dundas  Castle)  in  a  horse-chair, 
or  in  the  coach.  If  you  take  the  coach,  see  it  go  slow,  and 
that  the  coachman  take  care  of  jolting."' 

In  tiie  early  part  of  the  eighteenth  century,  goat  whey  was 
in  liigh  repute  as  a  corrective  for  the  ills  induced  by  a  too 
liberal  indulgence  in  j)unch  and  claret ;  and  there  were 
various  places  in  Scotland  where  families  used  to  go  in  summer, 
which  were  familiarly  spoken  of  as  "  goat-whey  cjuarters.'*' 

People  used  to  speak  colloquially  of  being  at  "  the  goat 
whev,''  just  as  now  a-days  they  speak  of  being  at  the  sea-side. 
Probably  plain  food,  no  claret  or  punch,  and  fresh  country  air 
were  the  real  cures  ;  but  the  iniiversal  belief  was  that  the  whey 
was  what  acted  as  a  restorative.  Between  1735  and  1746, 
Lord  Arniston  seems  to  have  gone  to  the  hills  for  this  cure  as 
regularly  as  a  German  goes  to  his  brunnen.  In  the  Arniston 
accounts  there  are  entries  of  expenses  in  successive  years  at 
Struan  in  Perthshire,  Rossdhu,  Castle  I^eod,  I^uss,  and  other 
places,  which  were  visited  for  the  whey. 

Lord  Arniston  to  his  Wife. 

Castle  Leod,  May  9,  1740. 

My  dearest  Life, — I  wrote  to  you  yesterday  by  the  foolish 
express  that  was  sent  to  plague  me.  I  hope  your  sister  is  not 
the  worse  of  her  journey,  tho'  she  took  a  day  less  to  it  than  she 
intended,  tempted  by  the  good  day ;  this  seems  likewise  a  good 
one,  so  I  hope  to  get  some  riding. 

The  whey  is  yet  scarce,  but  enough  for  me.  I  cannot  say  it 
does  quite  so  well  with  me  as  formerly;  it  gives  me  pretty  smart 
colicks,  but  these  I  expect  will  leave  me  when  I  have  used  it 
several  days  longer. 

All  at  Invergordon  are  well  in  health;  we  expect  Sir  William* 

*  Sir  William  Gordon  of  Invergordon,  father  of  Mrs.  Dundas  and  of  the 
Countess  of  Cromartie. 


94  ARNISTON  MEMOIRS.  [1741. 

here  this  day.     Send  me  a  parcel  of  twist  tobacco'  here  by  next 
post.     There  is  none  tolerable  to  be  got  here. 

There  is  strong  thieving  in  this  country  by  the  Glengarry  men, 
and  some  murders.  This  country  is  threatened  with  a  famine,  and 
I  am  afraid  so  are  you  at  home.  The  cattle  are  likewise  dying 
fast.  I  have  inquired  for  cows  to  buy,  but  as  yet  can  find  none, 
nor  do  I  believe  there  will  be  any  fit  to  be  driven  for  near  two 
months ;  they  have  no  fodder,  neither  straw  nor  hay,  in  all  the 
country,  and  no  grass  coine  up. 

ROSSDHU, //^//t'  3,    1 741. 

My  dearest  Life, — I  am  here  just  in  health  as  I  left  you, 
living  quietly  in  the  way  you  may  guess,  going  on  with  my  whey, 
which  I  do  not  find  so  strong,  in  my  opinion,  as  at  Castle  Leod, 
riding  and  walking  out,  calling  over  in  two  days  in  my  ride  on 
Lady  Castlehill,^  reading  my  book,  playing  at  backgammon  with 
Lady  Janet  Boyle,  fishing  perches,  but  have  not  as  yet  had  a  day 
for  chasing  the  otters,  though  the  weather  is  tolerably  good,  but 
want  of  rain ;  but,  I  believe,  liberty  to  be  idle,  and  absence  from 
the  Session,  is  not  the  least  agreeable  part  of  the  scene. 

In  1742,  Lord  Arniston  went  to  Rossdhu  to  drink  the 
goat  whey,  Mrs.  Dundas  remaining  at  Arniston,  where  her  son 
Henry-  was  born  on  the  28th  of  April  1742. 

Lord  Arniston  to  Mrs.  Dundas. 

Rossdhu,  April  2^,  1742. 
My  dearest  Heart, — I  got  here  last  night.     I  cannot  say  that 
I  was  quite  well  on  the  road.      I  was  bad  on  Friday  night  at  Glas- 
gow ;  the  journey  did  defeat  me.     This  day  I  am  somewhat  tired, 
but  have  begun  the  whey. 

Ap.  28. 
I  did  not  recover  the  fatigue  of  the  journey  for  two  or  three 
days,  and  have  not  been  on  horseback  since,  nor  had  any  other 
diversion  than  fishing  perches  on  the  Loch.  There  is  not  a  soul 
here  but  he  and  she,  so  you  may  judge  the  rest,  and  not  one  of 
the  neighbours  at  home. 

^  Martha,  daughter  and  heiress  of  Sir  John  Lockhart  of  Castlehill,  wife  of 
George  Sinclair  of  Woodhall. 

2  Henry  Dundas,  afterwards  first  Viscount  Melville. 


1743]  LKITKHS  FROM  THE  HIGHLANDS.  95 

Lord  Arniston  in  the  followiiiir  year  went  to  Shien,  near 
Aniulrie,  in  Pertlishire,  for  the  <;oat  whey,  Mrs.  Dmuhis 
remaining  at  Arniston  for  her  aj)proaching  confinement. 

Lord  Arniston  to  Mrs.  Dundas. 

Shien, /«//<'  15,  1743. 
My  dearest  Pleasure, — We  ^ot  to  Stirhng  on  Monday,  and  to 
this  place  yesternight,  in  /ajood  time,  all  safe,  hut  were  sadly  put 
to  it  when  we  came,  for  our  ba^rgage  got  not  up  till  one  o'clock  in 
the  morning.  So  that  we  had  neither  knife,  spoon,  napkin,  nor, 
worst  of  all,  sheets,  so  that  we  had  a  prospect  of  sitting  in  our 
scabbards  all  night ;  till  at  last  we  were  relieved.  I  kept  the  men 
all  this  day  to  rest  the  horses,  which  seemed  pretty  necessary. 
This  place  is  rather  worse  than  when  we  were  here  before  ;  garden, 
house,  and  everything  neglected  in  their  absence ;  not  so  much 
as  a  cow  here,  but  we  are  to  have  two  or  three  sent  over  to  us 
to-morrow. 

Shien,/«w  17,  1743. 
Lady  Moncrieff  hath  been  pleased  to  send  her  servant  here 
with  garden  things  to  us,  which  are  very  welcome,  we  having 
nothing  of  that  kind.  The  weather  has  been  excessively  cold, 
and  we  are  but  ill  provided  with  firing.  Fishing  goes  on,  and  Tom 
hath  taken  a  little  touch  of  shooting,  but  Currie  and  Vogrie's  dogs 
seem  good  for  nothing. 

SHiEN,y««^  28, 1743. 

I  have  about  an  hour  ago  your  very  acceptable  letter,  giving 
me  an  account  of  my  being  a  grandfather,  and  that  Henny^  and 
her  daughter-  are  both  in  a  good  way.  You  will  congratulate  her 
in  my  name  in  the  most  affectionate  manner.  I  am  heartily  glad 
of  her  safe  delivery,  and  now  that  she  hath  once  rode  the  ford 
safely,  I  hope  she  won't  be  afraid  to  try  it  again  in  due  time. 
Make  also  my  compliments  to  my  son.  I  give  him  joy,  and  hope 
for  a  continuance  of  all  favourable  circumstances. 

SHiEN,y>//j/ 16,  1743. 

My  dearest  kind  obliging  Comfort, — We  are  here  almost 
drowned,  quite  prisoners  by  a  great  flood ;  the  water  not  passable, 
our  horses  and  also  the  goats  graze  on  the  other  side,  so  that  we 


*  Henrietta  Baillie,  his  eldest  son's  wife. 

-  Elizabeth,  afterwards  Lady  Lockhart  Ross  of  Balnagowan. 


96  ARNISTON  MEMOIRS.  [1742. 

got  no  goat  whey  this  morning,  nor  can  get  a  horse  over,  unless  we 
send  by  the  bridge,  which,  backward  and  forward,  would  be  a 
jaunt  of  six  miles  to  get  a  horse  here,  and  the  half  of  that  to 
get  it  back  to  the  road.  I  think  it  is  almost  time  for  me  to  be 
looking  homewards,  so  you  may  order  the  chariot  to  Crieff  against 
this  day  seven  night,  that  is  Saturday  the  23d.  I  suppose  they 
will  set  out  from  Arniston  on  Friday,  and  may  get  either  to  Lin- 
lithgow or  Falkirk  that  night,  and  thence  to  Crieff  Saturday.  The 
baggage  horses  may  be  either  with  them  or  a  day  later,  as  you 
think  fit.i 

In  1742,  there  was  a  complete  change  in  the  administration 
of  Scottisli  affairs.  Defeated  by  a  majority  of  one  on  the 
Chippenham  election  petition,  Walpole  resigned  all  his  offices, 
and  retired  to  the  House  of  Lords  as  Earl  of  Orford.  Lord 
Wilmington  was  the  new  Prime  Minister ;  and  part  of  the 
policy  of  his  Government  was  to  revive  the  office  of  Secretary 
of  State  for  Scotland,  which  was  bestowed  upon  the  Marquis 
of  Tweeddale. 

Marquis  of  Tweeddale,"^  Secretary  of  State  for  Scotland, 
/o  Lord  Arniston. 

My  Lord, — When  you  reflect  upon  the  present  situation  of 
affairs  here,  how  difficult  it  is  for  me,  who  have  been  unexpectedly 
in  a  particular  manner  distinguished  by  his  Majesty,  unassisted, 
without  any  proper  advice,  to  determine  what  steps  are  proper  to  be 
taken  upon  my  first  entrance  into  so  high  and  public  a  station,  you 
will  not  be  surprised  at  your  receiving  a  letter  desiring  and  intreat- 
ing  your  presence  in  this  place.  Nor  will  you  be  at  a  loss  to  judge 
why  I  have  wrote  in  the  same  strain  to  the  President  of  the  Session.'^' 
Half-an-hour's  conversation  could  explain  many  things  which  it  is 
impossible  to  do  by  letters.  I  know,  and  you  will  easily  perceive, 
the  difficulties  surrounding  me,  yet  I  desire  you  may  be  persuaded 
that  I  never  would  have  embarked  myself  had  I  not  well  known 
upon  what  footing  I  stood  in  the  proper  place,  and  that  I  have 
the  satisfaction  to  be  engaged  with  those  in  the  Administration 
with  whom  I  have  long  lived  in  friendship  and  connection,  whose 


'^  The  journey  from  Crieff  to  Amulrie,  a  distance  of  about  twelve  miles,  had 
to  be  performed  on  horseback. 

-  John,  fourth  Marquis  of  Tweeddale. 
^  Duncan  Forbes  of  Culloden. 


1742.]  SCOTTISH  ADMINISTRATION.  97 

principles  unci  views  are  the  same  with  yours  and  mine.  As  to 
our  particular  part,  in  so  far  as  concerns  the  future  government 
of  Scotland,  a  great  deal  depends  upon  the  first  steps  taken  by 
which  the  outlines  are  shaped.  I  am  diffident  of  my  own  opinion, 
dare  not  venture  to  proceed  till  once  I  know  your  opinion,  both 
as  to  persons  and  measures.  Your  sentiments  have  always  had,  and 
will  always  have,  the  greatest  weight  with  me,  and  tho',  from  the 
present  situation  of  things,  every  thing  that  could  be  wished 
cannot  be  at  once  effectuated,  yet  1  dare  venture  to  say  more  will 
be  than  you  probably  imagine.  Let  me  therefore  intreat  of  you, 
for  the  sake  of  your  friends  and  country,  grudge  not  to  undertake 
this  journey.  Nothing  but  want  of  health,  which,  I  hope,  is  not 
the  case,  can  excuse  you.  Should  the  President  of  the  Session 
come  up,  and  you  stay  behind,  I  may  probably  be  more  embar- 
rassed. You  can't  be  at  a  loss  to  know  my  meaning,  yet,  in  all 
events,  let  me  have  your  sentiments  freely,  and  without  reserve, 
both  as  to  the  measures  and  the  proper  persons  to  be  employed 
for  the  execution,  since  it  is  vain  for  me  to  have  right  and  good 
intentions  unless  I  can  find  persons  in  whom  I  can  confide, 
proper  to  be  employed  in  the  service.  Those  may  not  be  indeed 
very  easy  to  be  found,  but  I  sure  the  fittest  will  be  recommended, 
and  occur  to  you.  I  am  afraid  you  will  neither  be  able  to  read 
this,  far  less  to  understand  it ;  it  is  wrote  in  a  greatt  hurry,  but  1 
could  not  think  of  sending  you  a  formal  letter  without  assuring 
you  that  I  wish  to  enter  into  an  entire  confidance  with  you,  &  I 
can  say  that  there  is  no  person  alive  has  a  greater  value  &  honnour 
for  you  than  myself,  and  am  sure  it  will  be  your  own  fault  if 
opportunities  do  not  daily  occur  to  convince  you  how  much  your 
opinion  and  advice  must  have  weight  with  me  and  others. 
London,  Feb.  ye  z-i^d^  174^. 

In  the  Cabinet  the  Duke  of  Argyll  had  a  place,  but  he  did 
not  long  retain  it.  For  many  years  he  had  engrossed  the 
whole  patronage  of  Scotland,  where  Ministers  had  seldom  taken 
any  steps  without  his  advice  or  consent ;  and  he  now  expected 
that  the  Secretary  of  State  was  to  be  a  new  tool  in  his  hands. 
But  Carteret,  the  most  powerful  member  of  the  Government, 
and  Pulteney,  whose  influence  was  also  great,  let  him  know 
plainly  that  there  was  to  be  a  new  system  of  managing  Scotland. 
Incensed  at  this,  and  at  having  failed  to  obtain  a  place  for  Sir 
John  Hinde  Cotton,  he  resigned  office,  and  joined  the  Opposi- 
tion.    "  You  would  be  surprised,*"  ^v^ites  I^rd  Tweeddale  on 


98  ARNISTON  MEMOIRS.  [1742. 

the  16th  of  March  1742,  "at  a  noble  Duke's  resigning  all  his 
employments.  Whatever  may  have  been  his  reasons  for  it, 
most  people,  I  think,  seem  to  agree  it  was  a  rash  and  .  .  } 
step.  He  now  puts  himself  at  the  head  of  Tories,  and  the 
present  question  seems  to  be  whetlier  we  ought  to  have  a 
Whig  or  Tory  administration."" 

The  management  of  Scotland  would  have  been,  in  any  case, 
a  great  source  of  difficulty  to  the  new  Government,  but  the 
difficulty  was  much  increased  by  the  fact  that  they  were  opposed 
by  the  Duke  of  Argyll.     It  was  suspected  that  the  Duke  had 
not  only  joined  the  open  and  constitutional  Opposition,  but 
was  actually  intriguing  behind  the  scenes  in   favour  of  the 
Stuarts.     Still  it  was  impossible  to  make  any  sweeping  changes 
in   Scotland   suddenly.     The  Duke's   placemen   could  not  be 
removed  merely  because  they  were  his  placemen  ;  and  the  fabric 
of  power  which  he  had  constructed  during  the  ascendancy  of 
Walpole  would   not  fall   to   the   ground   merely  because   an 
Administration  to  which  he  was  opposed  had  handed  over  to 
another  the  patronage  which   had  been  taken  from  him.     It 
was  among  the  English  members  that   the   strength   of  the 
Government  lay ;  yet  it  would  have  been  most  impolitic  to 
dissolve   Parliament   in    the   hope   of  unseating   the   Scottish 
members   who   supported   the   Opposition.     "I   know,'"  Lord 
Tweeddale  says  in  a  letter  to  Lord  Arniston,  "it  is  his  Majesty's 
intention  to  make  as  great  an  alteration  in  the  persons  employed 
in  Scotland  as  the  particular  circumstances  of  this  will  allow 
of.     We  are  in  the  beginning  of  Parliament.     This  is  a  Whig 
administration.     A  dissolution  of  the  Parliament  would  ruin 
the  Whig  interest,  since  it  is  certain  a  new  Parliament  would 
be  Tory.     So  there  is  no  thought  of  that,  which,  as  your  Lord- 
ship observed,  was  a  material  question  to  be  resolved,  and  must 
have  great  influence  in  determining  how  far  it  is  proper  to  go." 
The  Government  appear  to  have  been  anxious  to  obtain 
Lord   Arniston's   assistance    in    devising    their    measures    for 
Scottish    administration,    and    he    was   repeatedly   invited    to 
visit  London  for  the  purpose  of  helping  Lord  Tweeddale  ;  but 
his  health  prevented  him.     In  1745,  he  passed  the  autumn  in 
the  north  of  England,  suffering  much  from  his  old  enemy  the 


Illegible. 


1747-1  DEATH  OF  PRESIDENT  FORBES.  99 

gout ;  and  in  the  following  year  he  was  bent  on  retiring  from 
public  life,  and  retained  his  seat  upon  tlie  bench  only  in 
deference  to  the  wishes  of  his  son,  Jlobert,  who  had  been 
appointed  Solicitor-General  in  1742,  although  he  was  then 
only  in  his  thirtieth  year. 

Forbes  of  CullcKJen,  President  of  the  Court  of  Session,  died 
on  the  10th  of  December  1747.  The  appointment  of  a  suc- 
cessor gave  rise  to  considerable  discussion,  and  "  made  more 
noise  ""^  in  London  than  usually  was  the  case  with  the  disposal 
of  a  Scottish  office.  It  was  felt  that  the  appointment  would 
show  "  what  set  of  men  in  Scotland  were  to  be  supported,"" 
whether  Jacobites  in  disguise,  or  staunch  tulherents  of  the 
House  of  Hanover,  and  whether  every  consideration  was  to 
l)ecome  secondary  to  the  maintenance  of  the  influence  of  the 
Duke  of  Argyll.  The  Independent  Whigs  believed  that 
neither  the  King''s  authority  nor  their  own  property  would 
be  secure  were  the  Presidents  chair  filled  by  one  of  his 
adherents.  On  the  other  hand,  the  Duke  naturally  was  bent 
upon  retaining  his  power  as  long  as  he  could,  and  was  quite 
alive  to  the  importance  of  placing  a  faithful  adherent  at  the 
head  of  the  administration  of  justice  in  Scotland.  There  were 
four  candidates  for  the  vacant  chair,  William  Grant  of  Preston - 
grange,  who  was  Lord  Advocate  at  the  time  of  the  President's 
death  ;  Erskine  of  Tinwald,  who  was  supported  by  the  Duke  of 
ArgylFs  influence ;  Craigie  of  Glendoick,  who  had  been  Lord 
Advocate  during  the  Rebellion,  but  had  lately  resigned  office  ; 
and  Lord  Arniston. 

Even  before  the  President's  death.  Lord  Arniston  had 
l>egun  to  take  steps  for  the  purpose  of  securing  the  ])lace. 

Lord  Arniston  to  the  Lord  Chancellor.^ 

Dec.  1747. 
Mv  Lord, — I  presume  your  Lordship  hath  heard  before  this 
time  that  the  President  of  the  Court  of  Session  is  in  a  very  bad 
way,  and  in  all  human  appearance  cannot  live  many  days.  Though 
my  own  state  of  health  makes  it  highly  improbable  that  I  can 
enjoy  any  office  long,  yet  in  point  of  honour  I  cannot  tamely 
submit  without  remonstrance  to  see  another  put  over  me  to  that 


*  Lord  Hardwicke. 


100  ARNISTON  MEMOIRS.  [1747 

Chair.  I  am  older  Lawyer  than  any  of  those  who  can  be  thought 
of;  I  was  older  in  the  Crown's  service  than  any  of  them.  I  ran 
through  both  the  Law  offices  at  a  time  when,  I  believe,  that 
service  was  as  difficult  as  ever  it  was  before  or  since  ;  and  when 
no  Lawyers  of  any  character  at  the  Bar  showed  great  zeal  to  set 
their  faces  to  support  the  service  of  this  Government.  All  I 
gained  was  envy  and  detraction,  and  instead  of  profit,  a  very  great 
loss  to  myself  and  family,  and  a  considerable  sum  never  repaid 
by  the  Government,  tho'  laid  out  on  the  publick  service. 

I  was  vain  enough  to  think  my  pretensions  were  full  as  strong 
as  Mr.  Forbes',  at  the  time  he  was  put  over  me,  but  court  power 
and  favour  are  not  to  be  got  the  better  of. 

I  do  not  pretend  to  compete  with  any  man  in  point  of  personal 
abilities,  but  I  hope  it  is  not  want  of  zeal  for  his  Majesty's  family 
and  service  that  can  make  me  deserve  to  have  any  new  mark  of 
indignity  put  upon  me,  and  in  these  views  I  beg  leave  to  submit 
the  matter  to  your  Lordships'  consideration,  and  to  hope  that  at 
least  his  Majesty  may  have  the  case  plainly  stated,  which  I  do  not 
know  if  I  can  expect  from  the  great  Duke  of  our  country. — I 
remain,  with  the  highest  respect,  etc. 

Lord  Chancellor  to  Lord  Arniston. 

Powis  House,  Dec.  i^th,  1747. 
My  Lord, —  I  will  make  no  apology  for  not  sooner  acknow- 
ledging the  honour  of  your  Lordship's  letter,  besides  assuring  you 
that  it  by  no  means  proceeded  from  want  of  respect,  and  that  I 
thought,  whilst  I  gave  no  attention  to  your  request,  it  was  better 
to  suspend  my  answer  till  the  event,  which  was  not  then  certain, 
though  very  probable,  should  happen.  Since  I  have  been  placed 
in  my  present  station,  I  have  made  it  a  rule  not  to  take  upon  me 
to  recommend  particular  persons  upon  any  vacancies  amongst  the 
Scotch  judges,  unless  of  such  Barons  of  the  Exchequer,  as,  by 
established  usage,  have  been  supplied  with  Englishmen.  If, 
indeed,  an  affair  of  that  nature  becomes  a  consideration  of  the 
King's  servants,  I  always  think  it  my  duty  to  give  my  opinion  in 
such  manner  as  appears  to  me  to  be  most  for  his  Majesty's  service. 
I  have,  with  great  fidelity  and  exactness,  laid  the  state  of  your 
case,  as  your  Lordship  have  represented  it,  before  his  Majesty  in 
his  closet,  with  such  other  facts  relative  thereto,  as  have  fallen 
within  my  knowledge  and  observation,  and  submitted  it  to  his 
consideration.  ...  I  am  extremely  sorry  for  the  loss  of  my  old 
acquaintance,  your  late   President,  and  heartily  wish  his   Chair 


1747]     INTRIGUES  FOR  THK  PRKSIDKNT'S  CHAIR.     101 

may  be  filled  with  a  worthy  successor,  and  am  very  sure  that 
nobody  would  fill  it  with  ^eater  ability  and  sufficiency  than  your- 
self.— I  am,  with  great  respect,  my  Lord,  your  Lordship's  most 
obedient  &  most  humble  servant,  Hardwicke. 

(Probably)  Sir  Charles  Gilmour  ^  to  Lord  Arniston. 

Dff.  17,  1747. 
Mv  Lord, — I  received  yesterday  the  hon*"  of  your  Lops,  of 
the  10th.  I  am  informed  the  Chancellor  got  your  letter,  but 
what  steps  he  has  taken  I  know  not,  but  a  person  told  me  this 
day,  who  dined  where  his  son  was  yesterday,  the  conversation  was 
about  filling  the  President's  chair;  the  young  gentleman  spoke 
very  handsomely  of  you,  and  said  he  had  often  heard  his  father 
declare  your  great  worth  and  abilities,  and  the  assistance  he  had 
from  you  of  late,  without  which  he  could  not  have  carried  through 
the  laws  that  have  passed.^  .  .  .  The  filling  the  President's  place 
makes  more  noise  here  than  I  had  expected,  and  some  people 
don't  hesitate  to  say  it  will  be  a  declaration  what  set  of  men  in 
Scotland  are  to  be  supported,  when  they  compare  the  behaviour 
of  men  in  perilous  times  formerly. — I  am  ever  yours. 

l^rd  Arniston  also  wrote  to  the  Duke  of  Argyll,  soliciting 
his  interest,  and  begging  him  not  to  forget  that  it  was  in  con- 
sequence of  the  "  persuasive  motives  your  Grace  gave  me  *"  that 
he  had  left  the  bar  ten  years  before.^  But  the  Duke  of  ArgylPs 
influence  was  entirely  given  to  his  friend,  Charles  Erskine  of 
Tinwald.  Mr.  Andrew  Mitchell,  a  warm  friend  of  Lord 
Aniiston'*s,  warned  him  that  he  had  to  contend  against  heavy 
odds.  "  The  President's  death  has  given  great  and  real  concern 
to  me,""  he  writes,  "  and  I  fear  it  will  not  be  alleviated  by  the 
nomination  of  a  successor.*" 

For  nine  months  no  appointment  was  made.  In  his  diary, 
published  among  the  March mont  Papers,  Hugh,  third  Earl  of 
Marchmont,  narrates  the  course  of  the  negotiations  which 
took  place  before  the  vacancy  was  filled  up,  and  the  various 
expedients  which  were  from  time  to  time  suggested  by  the 
rival  interests.     The  choice  of  the  Government   lay  between 

1  Sir  Charles  Gilmour  of  Craigmillar,  M.P.  for  the  county  of  Midlothian, 
and  a  Commissioner  of  the  Board  of  Trade. 

-  An  allusion  to  the  Act  abolishing  Heritable  Jurisdictions  in  Scotland. 
*  Supra,  p.  90. 


102  ARNISTON  MEMOIRS.  (1747. 

Erskine  and  Dundas,  and  the  friends  of  both  did  all  in  their 
power  to  damage  the  reputation  of  their  opponent. 

It  was  believed  that  Lord  Arniston  would  resign  his  seat  on 
the  bench,  if  he  was  not  made  Lord  President.  Marchmont, 
according  to  his  own  account,  went  to  the  Duke  of  Newcastle, 
and  told  him  very  plainly  what  he  thought. 

Dec.  3.  I  went  to  the  Duke  of  Newcastle's  and  told  him  1 
was  afraid  of  being  officious,  but  thought  it  my  duty  to  inform  him 
of  what  I  thought  might  affect  the  King's  interest  in  Scotland. 
He  said  he  should  be  glad  of  receiving  any  lights  from  me  .  .  . 
I  then  said  this  conjunction  was  the  more  critical  from  the 
President's  illness,  and  perhaps  death.  Ay,  says  he,  who  do  you 
think  the  most  proper  man  ?     I  said  .  .  .   First,  the    man  most 

unfit  was  T ;^  he  was  a  known  Jacobite  in  1715,  and  I  have 

no  faith  in  Scots  Jacobites'  conversions,  and  next  he  was  a  very 
dangerous  man  ;  and  they  might  as  well  take  the  crown  of  Scot- 
land off  the  King's  head,  and  put  it  on  the  Duke  of  Argyle's, 
whose  subject  I  could  never  be.  I  said,  besides  that,  Lord 
Arniston  would  probably  quit  the  bench  ;  and  I  did  not  see  how 
they  could  supply  his  place.  He  asked  about  him.  I  said  he  was 
very  well,  was  the  ablest  man,  one  whom  the  whole  kingdom 
pointed  out  for  it ;  and  as  he  had  a  great  property,  might  quit  on 
what  would  be  thought  an  affront  to  him  ;  and  if  he  got  it,  as  he 
was  the  most  zealous  friend  to  the  King  on  the  bench,  so,  I  would 
be  answerable  he  would  belong  to  the  ministers.  .  .  .  But  as  in 
this  case  (the  appointment  of  Lord  Advocate  Craigie  to  the 
President's  chair).  Lord  Arniston  would  probably  quit,  I  did  not 
see  how  they  could  supply  his  place  ;  and  that  this  would  be  the 
most  fatal  blow  to  the  King's  interest  in  Scotland. 

Dec.  24.  After  dinner.  Lord  Chesterfield  took  me  into  his 
library,  and  told  me,  .  .  .  they  had  had   a  meeting  about  the 

Presidentship  of  the  Session,  in  which  Mr.  Pelham  was  for ,'^ 

as  the  Duke  of  Argyle's  man,  which  he  owned,  saying  the  Duke 
had  assisted  them,  and  was  to  be  preferred  to  the  squadron  who 
were  linked  to  Lord  Granville,  Sir  John  Gordon,  and  the  Prince. 
But  he  added,  he  thought  Arniston  and  his  son  were  to  be  gained 
if  possible,  and  therefore  he  would  propose  giving  Grant  now  L** 
Advocate  the  gown,  and  making  young  Dundas^  Advocate.     The 

^  Lord  Tinwald.  -  Tinwald. 

'  Lord  Arniston's  son,  afterwards  second  President  Dundas. 


I74S.]     DUNDAS  APPOINTKD  LOHI)  PKKSIDENT.         lOii 

Duke  of  Newcastle  mentioned and  Arniston,  but  seemed 

to  incline  to  Lord  P'.lchies,^  saying  he  thought  they  should  name 
one  who  could  make  it  apparent  that  the  English  Ministry  had 
named  him.  .  .  .  Then  the  Chancellor  (Hardwicke)  weighed  what 
had  been  said  in  his  Chancery  scales  of  equity,  and  seemed  to  be 
of  opinion  they  should  name  Aniiston.  But  nothing  was  decided 
in  this  meeting. 

Finally  a  compromise  was  effected,  the  English  ministers, 
backed  by  the  Independent  Whigs,  appointed  Lord  Arniston 
to  be  President ;  whilst  the  Duke  of  Argyll  was  conciliated  by 
the  appointment  of  his  friend  Erskine  of  Tinwald  to  the  office 
of  Lord  Justice-Clerk,  the  vacancy  being  created  by  the  retire- 
ment of  another  of  bis  adherents,  Fletcher,  Lord  Milton,  who 
received  the  Signet  for  life,  and  the  reversion  of  a  place  for  hi« 
son. 

Duke  of  Newcastle  to  Lord  Arniston. 

Newcastle  House,  A/ay  12,  1748. 
Sir, — I  had  the  favour  of  your  letter  upon  the  subject  of  the 
place  of  President  of  the  Session,  which  had  then  been  long  vacant. 
I  did  not  trouble  you  with  an  answer  till  I  would  acquaint  you 
with  his  Majesty's  intentions  relative  to  it.  The  knowledge  I 
always  had  of  your  firm  attachment  to  his  Majesty's  government, 
and  of  your  distinguished  ability  in  the  law,  made  me  wish  to  see 
you  placed  at  the  head  of  it,  and  I  was  extremely  glad  to  promote 
the  success  of  a  scheme,  which  I  hope  will  be  equally  to  the  satis- 
faction of  those  who  are  concerned  in  it,  and  have  very  just  pre- 
tensions to  his  Majesty's  favour.  ...  If  I  have  any  merit  with 
you  upon  this  occasion,  I  must  recommend  to  you  in  the  strongest 
manner  to  promote  the  most  perfect  harmony  and  good  corre- 
spondence between  all  his  Majesty's  servants  in  your  part  of  the 
kingdom,  which  is  so  necessary  for  the  true  interest  of  it. — I  am, 
etc.,  HoLLEs  Newcastle. 

Mr.  Pelham  to  Lord  Arniston. 

Afay  12,  1748. 
Sm, — You  will  hear  from  the  Duke  of  Newcastle  this  night 
that   the  King  has  agreed  to  make  you    Lord  President  of  the 
Sessions  in  the  room  of  my  old  friend,  Mr.  Forbes.     I  can  assure 

^  Patrick  Grant  of  Elchies.     He  had  been  on  the  bench  since  1732. 


104  ARNISTON  MEMOIRS.  [1748. 

you.  Sir,  I  have  not  been  inattentive  to  the  letter  you  honoured 
me  with  of  December  last,  but  as  it  is  a  maxim  with  me  never 
wilfully  to  misguide  any  man,  I  chose  not  to  return  an  answer  to 
it  till  I  could  speak  clearly,  and  show  to  you  by  facts,  as  well  as 
words,  the  true  regard  his  Majesty  and  his  servants  have  for  your 
ability  in  your  profession,  and  for  your  zeal  and  attachment  to  the 
King's  person  and  Government.  I  have  always  wished  to  see 
those  distinguished  who  are  true  friends  to  both,  but  personal 
altercations  and  party  divisions  have  too  often  prevented  the 
execution  of  the  best  intentions  for  that  end.  I  am  sure  you  will 
not  dislike  my  plain  way  of  speaking  and  writing.  I  do  not 
always  suppose  a  man  to  be  exactly  what  his  friends  partially 
represent  him,  much  less  do  I  give  credit  to  the  misrepresentation 
of  an  enemy ;  it  is  the  uniform  conduct  of  every  man's  publick 
behaviour  that  is  the  proper  test  of  his  principles  and  inclinations. 
With  this  view  I  am  sure  you  would  think  no  man  deserves  to  have 
a  friend  who  would  give  those  up  on  slight  insinuations,  who  have 
constantly  acted  faithfully  to  him,  and,  in  his  judgement,  honestly 
to  the  publick.  I  therefore  found  in  my  own  mind  great  difficul- 
ties how  to  determine  my  wishes  upon  the  late  event  of  the 
vacancy  of  the  Chair  in  your  Court,  but  as  far  as  I  was  able  to 
suggest  anything  that  might  unite  the  contending  parties,  and 
which  ought  to  please  both,  I  have  not  been  wanting  to  lay  before 
the  King  and  his  servants.  The  expedient  has  taken  effect,  and 
his  Majesty,  by  the  advice  of  all  his  ministers,  has  most  readily 
agreed  to  it.  You  will  therefore  now  give  me  leave  in  my  turn  to 
give  some  advice  to  you,  as,  I  can  assure  you,  I  took  very  kindly 
by  what  you  said  in  your  letter  to  me.  You  will  soon  be  at  the 
head  of  the  Court  of  Justice  in  Scotland.  Your  known  abilities 
and  private  integrity  will  enable  you  to  make  a  great  figure  there. 
Don't  let  politicks  create  you  enemies,  whom  justice  would  make 
your  friends.  Unite  cordially  with  those  whom  the  King  thinks 
proper  to  employ  in  the  great  stations  of  your  country.  You  cannot 
want  support  here  ;  don't  let  them  want  yours  there.  A  great  deal 
is  to  be  done  to  bring  the  factious  and  disaffected  in  Scotland  to 
a  proper  sense  of  their  duty,  which  cannot  be  effectually  brought 
about  but  by  a  thorough  union  amongst  those  who  are  true  friends 
to  the  Government.  If  there  are  any  persons  encouraged  who  are 
publicly  or  secretly  enemies  to  it,  let  us  unite  in  rooting  them  out. 
Let  the  aim  of  honest  men  be  to  detect  those  that  are  not  truly 
so,  and  wish  that  the  number  may  be  few,  rather  than  artfully  to 
whisper  that  there  are  as  many,  and  detect  none.     These  are  my 


1748]  LKITERS  FROM  MINISTKRS.  105 

principles,  and  by  these  I  desire  to  be  tried.  It  is  absurd  for  any 
man  in  a  publick  life  to  forget  his  old  friends,  but  it  is  equally 
weak  not  to  admit  into  his  confidence  those  who  are  well  inten- 
tioned  to  the  Government  he  serves,  and  cordially  disposed  to 
reconcile  former  differences.  I  should  not  have  taken  up  so  much 
of  your  time  in  sending,  perhaps,  these  useless  lines,  had  I  not 
thought  your  letter  required  it ;  and  as  I  have  faithfully  kept  yours 
a  secret,  I  doubt  not  I  may  equally  depend  on  your  not  showing 
this  to  any  one.  I  have  chosen  to  begin  my  correspondence  with 
you  in  this  frank  and  open  manner,  that  you  may  see  what  I  wish, 
and  if  you  approve  what  I  say,  you  may  cultivate  a  further  inter- 
course between  us,  which  I  shall  be  always  glad  to  improve,  upon 
the  system  and  terms  I  have  here  represented.  I  most  heartily 
wish  you  joy  of  the  great  mark  of  favour  the  King  intends  to  show 
you,  and  am,  with  great  respect,  etc.,  H.  Pelham. 

Duke  of  Argyll  to  Lord  Arniston. 

My  Lord, — I  should  not  have  been  so  rude  as  to  delay  for  so 
long  a  time  the  answering  your  Lordship's  letter,  if  it  had  been 
possible  for  me  to  have  said  any  thing  with  precision.  Such  a 
vacancy  as  that  was  did  naturally  open  a  field  for  a  variety  of 
schemes.  They  were  then  very  crude,  and  little  more  than  hints 
that  came  from  several  of  the  King's  servants,  and  which  I  was  by 
no  means  at  liberty  to  mention.  It  was  only  a  very  few  days  ago 
that  anything  was  settled,  and  now  I  have  the  pleasure  to  wish 
you  joy  of  matters  being  accommodated  to  your  satisfaction. 
Your  Lordship  will  now  have  the  office  which,  you  know,  I  many 
years  ago  thought  you  equal  to,  and  which  I  wish  you  may  live  long 
to  enjoy,  being  with  great  respect,  my  Lord,  etc.,  etc.,  etc., 

LOND.,  May  13,  1748.  ARGYLL. 

Andrew  Mitchell*  to  Robert  Dundas,  younger. 

London,  May  14,  1748. 

Dear  Sm, — I  heartily  give  you  joy  of  Lord  Amiston's  success. 

I  confess  such  a  President  is  worth  any  purchase,  but  some  people 

turn  every  thing  to  their  own  advantage.     Lord  Tinwald  ^  is  to  be 

Justice-Clerk,  and  the  Justice  ^  to  have  the  Signet  for  life,  with 

*  Afterwards  Sir  Andrew  Mitchell. 

*  Charles  Erskine  of  Tinwald,  third  son  of  Sir  Charles  Erskine  of  Alva,  by 
Christian,  daughter  of  Sir  James  Dundas  of  Arniston. 

'  Andrew  Fletcher  of  Milton,  son  of  Henry  Fletcher  of  Saltoun. 


106  ARNISTON  MEMOIRS.  [1748. 

a  reversionary  grant  of  Sir  James  Dairy mple's  place  for  his  son  ; 
sure  the  Government  we  live  under  is  full  of  gratitude  ! 

Mr.  Pelham  told  me  yesterday  that  he  had  wrote  fully  and 
freely  to  Lord  Arniston.  ...  I  took  the  liberty  to  thank  him  in 
the  name  of  the  Whigs  of  Scotland  for  Lord  A.'s  promotion.  .  .  . 
— I  am  affectly.  yours,  A.  M. 

Lord  Chancellor  Hardwicke  to  Lord  Arniston. 

Powis  House,  Afay  24,  1748. 
My  Lord, — The  great  hurry  I  have  been  in  by  the  close  of  the 
Session,  and  of  the  Term,  which  ended  but  yesterday,  has  hitherto 
prevented  me  from  congratulating  your  Lordship  on  the  signal 
mark  of  his  Majesty's  favour,  which  you  have  lately  received  by 
your  advancement  to  the  President's  chair.  Though  my  con- 
gratulations wait  on  your  Lordship  thus  late,  I  beg  leave  to  assure 
you  they  are  as  sincere  as  any  you  have  received.  Your  Lordship 
has  this  satisfaction  that  you  have  had  the  concurrence  of  all  his 
Majesty's  servants  in  your  promotion;  and  will,  I  am  confident, 
look  upon  it  as  a  proof  that  extraordinary  merit  in  your  profession, 
and  strict  impartiality  in  the  administration  of  justice,  attended 
with  real  affection  and  attachment  to  his  Majesty  and  his  Govern- 
ment (qualities  in  your  Lordship,  to  which  nobody  can  do  more 
justice  than  I  do)  are  allowed  their  due  weight.  As  it  will  be 
difficult  to  add  to  that  reputation  which  your  Lordship  has  already 
so  justly  acquired,  I  need  only  wish  you  a  long  continuance  of 
health  and  strength  to  sustain  this  laborious  and  important  station, 
wherein  I  am  sure  it  will  be  perfectly  agreeable  to  all  the  well 
affected  in  Scotland  to  see  you  placed.  As  your  Lordship  had  so 
meritorious  a  part  in  the  model,  newly  established  for  the  admini- 
stration of  justice  in  the  room  of  the  Heritable  Jurisdictions,  I  need 
not  press  you  to  exert  your  endeavours  to  support  and  improve  it. 
New  schemes,  however  wise  and  well  founded,  have  generally 
some  difficulties  attending  the  first  execution  of  them,  which 
require  much  judgement  and  a  propitious  disposition  towards  the 
measure,  to  remove.  I  much  rely  on  your  Lordship  for  both  these, 
and  that  you  will  be  particularly  attentive  to  perfect  this  good 
work  for  the  general  benefit  of  the  whole  country.  May  I 
presume  farther  to  recommend  to  your  Lordship,  what  I  doubt 
not  your  own  inclination  and  right  way  of  thinking  will  lead  you 
to,  I  mean,  to  live  in  good  correspondence  with  your  now  Lord 
•Justice-Clerk.i      My   acquaintance  with  him  arose   in  the  same 


Erskine  of  Tinwald. 


1748]  DINNERS  AND  SUPPERS  IN  1748.  107 

manner  witli  that  which  I  have  the  honour  of  with  your  Lordship, 
hy  having  experienced  you  both  in  the  same  offices ;  and  it  will 
give  me  great  pleasure  to  see  my  two  friends  co-operating  together, 
and  maintaining  that  harmony  which,  I  am  sure,  will  be  of  great 
utility  to  the  dignity  of  the  Court.  —  I  am,  etc.,  etc.,  etc., 

Hardwicke. 

Having  thus  obtained  the  object  of  his  ambition,  Lord 
Arniston  passetl  the  remainder  of  bis  life  in  trancjuillity.  In 
Edinburgh  his  house  was  in  the  aristocratic  quarter  known  as 
Bishop^s  I^nd,  a  large  tenement  on  the  north  side  of  the  High 
Street,  not  far  from  where  the  North  Bridge  now  joins  that 
thoroughfare.  But  most  of  bis  time  was  spent  at  Aniiston, 
where  he  was  frequently  visited  by  the  members  of  bis  family 
and  numerous  friends.  One  of  bis  sons,  Robert,  the  offspring 
of  his  marriage  to  Miss  Watson  of  Muirhouse,  bad  already 
held  the  office  of  Solicitor- General,  and  was  now  Dean  of  the 
Faculty  of  Advocates.  Henry,  the  future  Viscount  Melville, 
the  son  of  his  second  marriage  to  Anne,  daughter  of  Sir 
William  Gordon  of  Invergordon,  was,  in  1748,  a  child  of  six. 

From  the  Household  Books  kept  at  Arniston,  we  can  gather 
some  idea  of  the  style  of  living  at  that  time,  and  the  following 
extracts  may  perhaps  be  thought  interesting : — 

BILLS  OF  FARE  FOR  A  WEEK  IN   1748. 

Siniday,  December  4,  1748. 

Dinner. 

Cockyleeky.      Boiled  beef  and  greens.      Roast  goose. 

2  bottles  claret.     2  white  wine.     2  strong  ale. 

Supper. 

Mutton  steak  stewed  with  turnips.     Drawn  eggs. 

Rice  and  milk.     My  Lord's  broth. 

1  bottle  claret.      1  white  wine.      1  strong  ale. 

Mondm/,  December  5. 

Dinner. 

Pea  soup.     Boiled  turkey.     Roast  beef.     Apple  pie. 

3  bottles  claret.     2  white  wine.     2  strong  ale. 

Supper. 

Mutton  steak.     Drawn  eggs  and  gravy.     Potatoes. 

My  Lord's  broth. 

2  bottles  claret.      1  white  wine.      1  strong  ale. 


108  ARNISTON  MEMOIRS.  [1748. 

Tuesday,  December  6. 

Dinner. 

Sheep's-head  broth.     Shoulder  of  mutton.     Roast  goose. 

Smothered  rabbits. 

2  bottles  claret.     2  white  wine.      1  strong  ale. 

Supper. 

Boiled  hens,  with  oyster  sauce.       Cold  goose.       Cockel  hags. 

My  Lord's  broth. 

1  bottle  white  wine.     1  bottle  strong  ale. 

Wednesday,  December  7. 

Dinner. 

Cockyleeky.      Mince  pie.      Roast  mutton. 

1  bottle  claret.      1  white  wine.      1  strong  ale. 

Supper. 

Scotch  collops.      Roast  hens.     Drawn  eggs.      Potatoes. 

My  Lord's  broth. 

Thursday,  December  8. 

Dinner. 

Soup.     Beef  a.  la  mode.     Calf's  head.     2  roast  muirfowl. 
Roast  pig.     Mince  pie.     Apples,  with  can  els. 

Supper. 
Mutton  steaks.     Rice  and  milk.     Drawn  eggs.     My  Lord's  broth. 

Friday,  December  9.  ' 

Dinner. 
Hare  soup.     Roast  beef.     Fricasseed  Rabbits.     Boiled  chickens. 

Tongue.     Boiled  pudding.     2  roast  ducks.     Tarts. 

S  roast  muirfowls,  with  canels.     Jellies.     Jugged  hare.     Fritters. 

12  bottles  claret.     4  white  wine.     4  strong  ale. 

Supper. 

2  boiled  hens,  with  oyster  sauce.     Jellies.     Lemon  puffs. 

Mince  pies. 

3  bottles  claret.     2  white  wine.      1  strong  ale. 

Saturday,  December  10. 

Dinner. — Scotch  collops. 

Supper. 

Fricasseed  hen.     Drawn  eggs.     Milk  and  rice.     Broth. 

1  bottle  claret.      1  white  wine.      1  strong  ale. 

In  the  years  1740  to  1749  the  consumption  of  wine  averaged 
^140  per  annum ;  of  spirits,  <^10.     The  wine  was  principally 


1753]       DEATH  OF  LORD  PRESIDENT  DUNDAS.         lOf) 

claret,  with  a  little  French  white  wine  or  Lisbon.  Claret  cost 
^2  per  hogshead ;  Lisbon  and  white  French  wine,  £16  per 
ho^hciid.  From  the  (juantity  of  sugar  entered  in  the  house 
books  as  "given  out  for  punch,**"*  and  the  lemons  in  the  house- 
keeper''s  books,  rum  punch  wjus  evidently  a  daily  beverage. 

Lord  Arniston  was  President  of  the  Court  of  Session  until 
his  death,  which  took  place,  on  the  26th  of  August  1753,  at  the 
Mansion  House  of  Abbeyhill,  which  stood  close  to  what  is 
now  the  line  of  the  North  British  Railway,  at  the  point  where 
it  is  joined  by  the  branch  railway  from  Granton  and  Leith, 
to  make  way  for  which  the  old  Mansion  House  was  pulled  down 
in  1872. 

The  first  President  Dundas  died  at  the  comparatively 
early  jige  of  sixty-seven.  He  had  never  been  a  robust  man ; 
and  for  nearly  fifteen  years  before  his  death  his  letters  contain 
frequent  complaints  of  bad  health.  A  hard  worker  and  a  hard 
liver,  he  had  burned  the  candle  at  both  ends ;  and,  to  some 
extent,  the  dissipated  habits  of  his  youth,  never  wliolly 
abandoned,  may  have  impaired  his  constitution.  He  faithfully 
fulfilled  the  duties  of  his  office,  and  maintained  a  correspondence 
with  Lord  Hardwicke  and  Mr.  Pelham ;  but  it  cannot  be  said 
that,  as  President  of  the  Court,  he  was  the  equal  either  of  his 
predecessor,  Forbes  of  CuUoden,  or  of  his  own  son,  the  Second 
President  Dundas.  When  he  gained  the  President's  chair  his 
want  of  physical  vigour  rendered  it  impossible,  in  the  opinion 
of  his  contemporaries,  that  he  should  do  himself  j  ustice.  "  He 
was  named,**"  was  the  verdict  of  the  Scots  Magazine  at  the  time 
of  his  death,  "  to  be  President  of  the  Court  of  Session  in  his  old 
age,  when  he  was  unable  to  exert  the  force  of  his  genius  in 
discharging  the  functions  of  it.  Had  he  been  raised  to  the 
office  at  an  earlier  period  of  his  life,  it  can  admit  of  no  doubt 
that  he  would  have  equalled,  if  not  surpassed,  any  who  had 
presided  in  that  Court ;  as  no  lawyer  was  ever  more  conspicuous 
on  account  of  his  singular  merit  and  ability,  or  better  qualified 
l)y  his  science  in  law,  to  perform  the  duties  of  the  office."" 

Of  his  singular  merits  as  a  lawyer  no  better  proof  can 
be  given  than  the  testimony  of  Sir  Hew  Dalrymple.  "I 
knew,""*  he  said,  "  the  great  lawyers  of  the  last  age — Mackenzie, 
Lockhart,  and  my  own  father,  Stair ;  Dundas  excels  them  all.""' 


110 


ARNISTON  MEMOIRS. 


[1753. 


His  career,  both  as  a  politician  and  a  lawyer,  had  been  a 
great  success,  and  had  laid  the  foundation  of  that  extraordinary 
power  over  Scotland  wliich  was  enjoyed  by  his  family  during 
the  remainder  of  the  century. 


OLD    CLOCK    IN    THE    HALL   AT    ARNISTON. 


CHAPTER  VIII. 
THE    SECOND    PKESIDENT    DUNDAS. 

Robert  Dfxdas,  son  of  the  first  Lord  President  Dundas, 
was  born  on  the  18th  of  July  1713,  and  was,  from  an  early 
period,  destined  for  the  profession  of  the  law.  "  When  he  was 
at  school  and  at  college,  he  was,^  we  are  told  by  the  Scotft 
Magazine^  "a  very  good  scholar,  owing  to  his  quick  appre- 
hension and  natural  genius ;  but  afterwards  he  was  never 
known  to  read  through  a  book,  except,  perhaps  (and  that  but 
seldom),  to  look  at  parts  out  of  curiosity,  if  he  happened  to 
know  the  author.'*'*  He  studied  at  first  under  the  care  of  a 
private  tutor,  and  was  also  for  some  time  at  school  and  at  the 
University  of  Edinburgh.  In  1733  he  was  sent  to  Holland,  as 
his  father  and  elder  brother  had  been  before  him,  to  pursue 
his  studies  at  the  University  of  Utrecht.  He  remained  abroad, 
at  Utrecht  and  in  France,  till  1737,  when  he  returned  home. 

The  following  extracts  are  taken  from  letters  at  Arniston 
relating  to  that  period  : — 

From  his  Father. 

Edinr.,  Nov.  13,  1733. 
Son, — I  have  one  from  you  by  Saturday's  post  last.  I  don't 
wonder  if  letters  miscarry  when  all  are  opened.  I  don't  value 
what  they  open  of  mine.  I  have  no  occasion  to  write  anything 
that  I  care  who  sees ;  and  if  I  had  I  would  not  be  fool  enough  to 
put  any  such  thing  in  their  way.  .  .  .  You  begin  a  little  smartly 
as  to  your  draughts,  and  you  could  not  do  it  at  a  worse  time  for 
me.  Demands  are  so  high  in  all  quarters  for  other  people's  use 
more  than  my  own.  ...  As  I  have  oft  cautioned  you  to  beware 
of  gaming,  I  am  not  much  afraid  of  your  falling  into  it.  But  now 
I  give  you  a  new  caution,  not  to  enter  too  much  into  the  taste  of 
throwing  too  much  money  away  on  books  ;   when  that  turns  a 


112  ARNISTON  xMEMOIRS.  [1734. 

disease,  *tis  as  bad  as  pictures.  When  I  have  more  leisure  I  will 
write  a  little  more  fully  on  this  subject,  what  I  think  you  ought 
to  do :  I  '11  expect  when  you  are  settled  to  hear  a  fuller  account 
of  your  economy,  way  of  living,  college,  and  these  things. — Fare- 

Wellj  Ro.   DUNDAS. 

From  his  Cousin,  Lord  Bargany. 

MONTPELIER,  March  23,  1734. 
D.  RoBiE, — I  must  own  my  fault  in  having  so  long  neglected 
writing  to  you.  No  doubt  Mr.  Stevenson  has  writ  to  you  our 
proposed  jaunt,  on  which  I  am  confident  you  will  not  baulk  us. 
It  is  for  us  then  to  make  the  tour  of  Flanders  during  your  summer 
vacance.  I  am  so  full  of  the  thoughts  of  it,  that  every  day  seems 
to  me  a  year,  betwixt  this  and  that  time.  You  '11  let  us  know  by 
your  next,  your  sentiments  upon  the  affair.  I  have  writ  to  Mr. 
Stevenson  that  we  '11  meet  him  at  breakfast  in  your  chamber  on 
the  first  day  of  July. 

I  imagine  you  '11  weary  very  much  of  Holland  on  account  of 
the  people's  being  of  so  villanous  a  temper.  I  assure  you  I  begin 
to  dislike  France  every  day  the  more,  because  I  see  the  whole 
aim  of  the  people  is  self-interest.  No  such  thing  almost  as  sincere 
friendship  even  betwixt  brothers.  A  man  who  will  make  you  all 
the  protestations  and  compliments,  would,  at  the  same  time,  see 
you  hang'd  for  a  sixpence.  I  now  begin  to  believe  that  the 
proverb  is  true  which  says  that  the  most  agreeable  part  in  going 
abroad  is  the  returning  home.  .   .  .  — Yours,  Bargany. 

Monsieur  Robert  Dundas, 
Gentilhome  Ecossais 
Chez  Monsieur  Vion  a  Utrecht. 

At  this  time  the  death  of  Augustus,  king  of  Poland,  had 
led  to  hostilities  between  the  King  of  France  and  the  Emperor 
Charles,  each  of  whom  supported  a  rival  claimant  to  the  vacant 
throne ;  and  young  Dundas  proposed  visiting  the  armies,  then 
campaigning  on  the  Rhine,  in  company  with  his  cousin. 
Lord  Bargany.     His  father  writes  in  reply  : — 

EDiNR.,/«n^S,  1734. 

Son, — I   should   easily  excuse  young  people's    curiosity  in   a 

thing  of  that  kind  if  I  looked  upon  it  as  a  thing  practicable^  but 

if  you  consider  upon  it  I  believe  you  '11  find  it  quite  impossible.     I 

have  talked  to  some  of  our  officers  here,  who  are  all  of  opinion 


1734]  LETTERS  FROM  ABROAD.  118 

that  you  will  find  it  so.  It 's  quite  another  thing  for  a  private 
gentleman  to  go  into  an  army  of  our  own  where  he  may  have 
numerous  friends  among  the  officers,  who  will  accommodate  him 
with  lodging  in  their  tents,  and  with  the  use  of  horses  to  ride 
about  and  see  what  is  to  be  seen,  without  which  it's  impossible  to 
be  in  the  army,  and  to  go  into  an  absolute  stranger's  army  where 
you  could  not  know  one  soul,  nor  not  one  of  them  take  any  notice 
of  you.  If  you  were  to  go  such  a  road,  you  would  not  only  be 
obliged  to  have  equipages,  servants,  and  horses  of  your  own,  which 
would  amount  to  an  expense,  absolutely  improper,  either  for  my 
Lord  (Bargany)  or  me.  Besides  this,  which  seems  unanswerable, 
you  don't  seem  to  consider  the  present  situation  of  the  armies. 
The  German  army  is  at  a  vast  distance,  the  French  lying  inter- 
jected betwixt  them  and  you,  so  it  would  be  both  very  difficult 
and  very  dangerous  to  attempt  to  get  at  the  German  army. 
When  you  consider  these  things  I  am  persuaded  you  will  see 
what  you  propose  to  be  impracticable.  I  am  afraid  you  are  not  in 
danger  of  losing  an  opportunity  of  seeing  an  army  of  our  own 
before  you  come  home,  or  of  seeing  another  in  a  more  convenient 
situation  than  you  can  see  the  Germans  at  present,  and  there  is 
one  other  thing,  I  believe  at  present,  it  would  not  be  well  taken, 
if  any  of  you  went  to  any  of  the  armies  without  express  permission 
from  the  king.  Ro.  Dundas. 

The  proposed  visit  to  the  armies  was,  of  course,  given  up — 
the  two  cousins  making  a  tour  of  Flanders  instead. 

From  Lord  Barganv. 

S?A,/uneg,  1734. 
D.  RoBiE, — I  am  greatly  pleased  with  this  wild  romantic  place, 
situated  in  a  little  valley,  surrounded  with  hills  covered  with 
wood.  I  believe  if  I  had  anything  of  a  poetical  genius  that  this 
place  would  inspire  me  to  write  an  ode  on  the  beauties  of  the 
works  of  nature,  which  certainly  human  art  can  never  equal.  We 
have  scarce  any  company  here  as  yet,  but  in  a  few  days  there  will 
be  abundance.  I  would  propose  to  you  to  come  here  and  pass  a 
week  or  ten  days  in  the  beginning  of  July.  It 's  but  three  short 
days  journey  from  you.  .  .  . — Always  yours,  Bargany. 

Lord  Bargany  returned  home  soon  after,  and  died  in  the 
following  year,  to  the  intense  sorrow  of  his  cousin,  who,  iu 

H 


114  ARNISTON  MEMOIRS.  [1737. 

one  of  his  letters,  declares  that  he  is  "  heart  broken ''  at  the 
neAvs. 


Plate  forming  part  of  a  Wedding  Service  made  for  Mr.  and  Mrs.  Dundas,  with  the  Anns 
of  Dundas  of  Amiston  and  Baillie  ofLamingtofi  in  the  centre,  and  figures  of  Hymen's 
altar ^  CupicTs  bow,  and  other  emblems  on  the  margin. 


In  1738  Dundas  returned  home,  and  passed  advocate.  He 
almost  immediately  obtained  a  considerable  practice  at  the  bar  ; 
but  for  the  first  five  years  of  his  professional  life  his  fees  only 
averaged  ^280  a  year. 

In  October  1741  he  married  Henrietta,  daughter  of  Sir 
James  Carmichael  of  Bonnington,  and  Dame  Margaret  Baillie, 
his  wife,  heiress  of  the  estates  of  Bonnington,  Lamington,  and 
Penston.  Lord  Arniston  settled  upon  his  son  an  allowance 
of  .£^300  a  year,  from  the  lands  of  Newbyres,  and  upon 
Miss  Baillie,  as  jointure,  1000  merks  per  annum   out  of  the 


I74I  ]  MARKIAGE  OF  MR.  DUNDAS.  115 

lands  of  Arniston  and  Newbyres.  Miss  Haillie  settled  a 
jointure  of  MHK)  nierks  uj)on  her  husband,  out  of  the  lands  of 
Livniin^ton. 

Among  the  papers  at  Arniston  is  a  long  Kpithalaniiuni 
fonij)osed  in  honour  of  this  wedding.  The  unknown  ])oet 
writes  : — 

"  Henrietta,  Gracious,  Affable,  Modest,  justly  Kind, 
Whose  face  displays  the  Beauties  of  her  noble  Mind, 
Indulgent,  smiling  now  in  a  comely  wedding  dress. 
May  Heaven  her  Life  with  every  Bounty  still  Bless." 

He  adds,  "  Let  me  know  if  this  may  be  printed  and 
published;''  but  the  hint  was  not  taken,  as  the  lucubra- 
tion, a  most  inferior  production,  exists  only  in  the  original 
manuscript. 

In  the  following  year,  1742,  only  five  years  after  he  was 
called  to  the  bar,  Dundas  was  appointed  Solicitor-General  in 
the  AVilmington  Ministry,  which  came  into  power  on  the  fall 
of  Walpole. 


Andrew  Mitchell  to  Solicitor-General  Dundas. 

Whitkhall,  12M  Attgttst  1742. 

My  dear  Sir, — It  is  with  the  most  sincere  pleasure  that  I 
wish  you  joy  of  the  honour  His  Majesty  has  been  pleased  to  do 
you,  in  appointing  you  His  Solicitor  General  for  Scotland. 

This  mark  of  the  Royal  favour  can  not  fail  of  being  accept- 
able, as  it  hath  been  obtained  in  an  honourable  way,  and  with- 
out your  asking  or  soliciting  for  it,  and  I  cannot  help  consider- 
ing it  as  an  earnest  of  what  His  Majesty  will  afterwards  do  for 
you. 

But  what  gives  me  most  immediate  joy  is  the  satisfaction  I 
shall  have  of  being  connected  with  you  in  business  as  we  have 
long  been  in  friendship :  and  as  the  ties  are  now  double,  I  hope 
they  will  mutually  support  and  fortify  each  other. 

As  you  now  are,  there  is  hardly  any  thing  left  for  me  to  wish 
you,  only  as  I  have  been  alarmed  with  the  accounts  of  y'  health, 
I  hope  you  will,  for  y'  country  and  y'  friends'sake,  care  to  preserve 
it,  and  avert  the  danger  which  y*"  ambition  may  prompt  you  to, 
of  engaging  in  too  much  business. 


116  ARNISTON  MEMOIRS.  [1742. 

I  beg  leave  to  offer  my  compliments  to  your  Lady_,  and  to  my 
Lord  Arnistoun,  and  hope  you  shall  ever  find  me, — My  dear  Sir, 
yours  most  affectionately,  And^^  Mitchell.^ 

President  Forbes  to  Solicitor-General  Dundas. 

Dear  Sir, — The  last  post  brought  me  yours  of  the  25th  of 
August,  and  with  it  a  great  deal  of  pleasure,  as  it  expresses  the 
very  best  sentiments  that  a  young  man  entering  upon  office  can 
entertain. 

Insolence  is  so  incident  to  Office  that  it  is  become  proverbial, 
and  a  young  man,  of  all  others,  ought  to  be  the  most  on  his  guard 
against  it.  But  then  it  has  been  ever  observed,  that  it  most 
commonly  possesses  low  men,  raised  by  some  accident  or  jerk  of 
fortune  to  employments  above  their  merits,  if  not  their  hopes ;  it 
seldom  lays  hold  of  men  whose  abilities  and  rank  in  the  world 
makes  them  equal  to  the  office  to  which  they  are  invited,  and 
gives  them  reason  to  consider  it  as  no  elevation,  tho'  it  be  a 
preferment.  I  approve  nevertheless  mightily  of  the  Resolutions 
you  express.  No  man  can  be  more  securely  guarded  against  an 
evil,  which  obscures,  or  rather,  if  I  may  be  allowed  the  expression, 
which  deforms  every  other  good  quality  in  the  person  whom  it 
seizes.  The  apprehensions  which  made  you  deliberate  on  accept- 
ing the  office,  made,  you  may  remember,  no  impression  on  me. 
I  am  glad  you  have  dismissed  them,  and  I  entertain  no  doubt  that 
the  step  you  have  taken  will  be  to  y'"  own  satisfaction,  and  to  the 
satisfaction  of  y'^  country.  Nevertheless  to  make  y^  mind  easy 
I  accept  the  first  invitation  you  give  me,  and  do  promise  you  with 
the  freedom  of  a  friend  to  acquaint  you  with  my  sentiments  on 
y''  conduct,  whenever  you  think  fit  to  ask  after  them,  or,  which  I 
hope  and  believe  will  seldom  be  the  case,  when  you  do,  or  aim  at, 
anything  that  may  be  blameable.  You  put,  my  dear  Robin,  too 
great  a  value  on  my  friendship  which  may  flow  from  selfishness, 
as  it  is  the  creature  of  y'^  own  making.  The  good  opinion  which 
you  raised  of  y^self  in  me  begot  it,  and  I  hope  it  may  serve,  as 
long  as  you  and  I  shall. 

1  am  glad  to  hear  that  my  brother  Robin  ^  has  found  great 
benefit  from  this  summer's  recess.  I  hope  he  has  (during  the  fine 
weather  which  we  have  hitherto  had)  been  improving  it  by  exercise, 
and  I  would  add,  if  it  did  not  sound  oddly  from  me,  by  abstinence. 

*  Mr.  Mitchell  was  at  this  time  Under-Secretary  of  State  for  Scotland. 

2  Lord  Arniston,  afterwards  first  President  Dundas. 


1742.]  APPOINTED  SOLICITOK-GENERAL.  117 

It  is  of  great  consequence  that  his  health  be  properly  established 
against  our  meeting  in  November.  Pray  give  him  this  advice, 
with  my  compliments. — I  am,  my  dear  Robin,  very  truly,  your 
most  obedient  and  most  humble  servant,  Dun.  Forbes. 

CUI.LODEN,  4///  ^^/>/''.   1742. 

The  Lord  Advocate  Jit  this  time  was  Robert  Craigie  of 
(ilentloick,  who  had  already  been  more  than  thirty  years  at  the 
bar.  Solicitor-General  Dundius,  on  the  other  hand,  was  only 
twenty-nine  years  of  age ;  but  such  was  his  natural  force  of 
mind  that,  in  his  official  correspondence  with  the  mend)ers  of 
the  Government  in  London,  he  never  failed  to  hold  his  own, 
and  he  even  sometimes  spoke  of  his  more  experienced  chief  in 
a  tone  of  kindly  patronage.  "I  hope,"'  he  writes  on  one  occa- 
sion, "  a  little  more  practice,  not  in  the  law  but  among  men, 
will  make  him  more  cautious.''^ 

Soon  after  his  appointment  as  Solicitor-General,  the  first 
anniversary  of  his  wedding-day  arrived,  when  he  received  the 
following  letter  :-r— 

From  Mrs.  Dundas  (Henrietta  Baillie). 

I  have  just  now  received  your  two  letters,  but  my  inclinations 
lead  me  in  the  first  place  to  congratulate  you  upon  the  return  of 
this  day,  as  I  find  I  have  so  large  a  share  in  the  satisfaction  it 
brings,  and  that 's  a  happiness  I  hope  shall  ever  increase,  as  long 
it  pleases  God  to  spare  us  together.  I  have  signed  the  paper 
according  to  your  direction,  and  think  myself  perfectly  safe  in 
following  your  advice,  either  with  respect  to  business  or  anything 
else.  .  .  . — Adieu  my  dearest.     I  am  ever  most  affec^^  yours, 

H.  Baillie. 
Lawers,  18///  Oct.  (1742). 

During  the  years  1743  and  1744  there  was  constant  and 
ever  increasing  uneasiness  in  Scottish  official  circles.  The 
fears  of  a  new  Jacobite  attempt,  which  had  never  wholly  ceased 
since  the  rising  of  1715,  were  now  increased  by  the  dangers  of 
a  French  war.  The  prevailing  feeling  with  regard  to  the  risk 
of  a  second  rebellion  was,  indeed,  one  of  incredulity,  arising 
from  an  unwillingness  to  believe  that  the  Highland  clans  would 

*  LeUer  to  Mitchell,  23d  Sept.  1742.     Addl.  mss.  British  Museum,  6860. 


118  ARNISTON  MEMOIRS.  [1744. 

again  venture  to  take  arms,  and  from  an  ignorant  contempt  of 
their  powers.  The  real  source  of  uneasiness  was  a  lurking- 
dread  that  the  French  might,  in  the  event  of  war  breaking  out, 
attempt  a  landing  on  the  shores  of  Scotland,  where,  among  the 
followers  of  the  Stuart  dynasty,  they  might  safely  reckon  upon 
a  cordial  welcome. 

The  Government  of  Scotland  was,  at  this  juncture,  practi- 
cally in  the  hands  of  a  small  group  of  men.  The  Marquis  of 
Tweeddale  was  Secretary  of  State  for  Scotland.  He  had  been 
appointed  to  this  important  office  on  the  formation  of  the 
Wilmington  Ministry  in  1742 ;  and  his  powers  were  ample,  as 
ample,  in  Scotland,  as  those  of  the  English  Secretaries  of  State 
were  in  England.  The  patronage  of  all  offices  had,  contrary 
to  the  wishes  of  the  great  Duke  of  Argyll,  been  bestowed  upon 
him.  The  right  of  recommending  to  tlie  Crown  the  persons 
who  were  to  fill  all  legal  stations,  even  the  highest,  was  nomi- 
nally vested  in  him  ;  and  all  business  connected  with  the  admin- 
istration of  Scottish  affairs  was  conducted  in  his  office  at 
Whitehall. 

The  Under  Secretary  of  State  for  Scotland  was  Mr.,  after- 
wards Sir  Andrew,  Mitchell.  Mr.  Mitchell,  who,  for  some 
time  after  this,  was  tlie  constant  correspondent  of  Dundas,  was 
the  son  of  the  Reverend  William  Mitchell,  minister  of  the 
High  Church  at  Edinburgh.  Originally  destined  for  the  bar, 
he  is  said  to  have  abandoned  that  profession  and  taken  to 
foreign  travel,  in  order  to  drown  the  sorrow  which  he  felt  at 
the  loss  of  his  wife,  whom  he  had  early  married.  This  course 
of  life  fitted  him  for  the  sphere  in  which  he  afterwards  gained 
distinction ;  for,  at  the  conclusion  of  his  term  of  duty  under 
Lord  Tweeddale,  he  entered  the  diplomatic  service,  and  was 
appointed  Ambassador  to  Brussels.  From  Brussels  he  went 
to  the  Prussian  Court ;  and  at  Berlin,  having  gained  the 
character  of  a  wit,  he  became  a  favourite  with  Frederick  the 
Great.  Several  anecdotes  have  been  told  of  his  readiness  in 
reply.  On  one  occasion,  during  the  Seven  Years'  War,  the 
British  Government  failed  to  send  a  fleet,  as  they  had  pro- 
mised, to  operate  in  the  Baltic  against  Russia  and  Sweden. 
Day  after  day  Mitchell  could  only  make  excuses ;  until  at 
length  he  found,  one  morning,  that  he  was  not  invited,  as 
usual,  to  tlie  royal   dinner  table.       "It    is    dinner-time,   Mr. 


1744]  THE  SCOrriSH  OFFICIALS.  119 

Mitchell,''  said  the  officers  of  the  household.  "  Ah,  gentlenien,'" 
he  replied,  "  no  fleet,  no  dinner ! '"  When  Frederick  heard 
this,  he  is  said  to  have  renewed  his  inviUition.  After  the 
disastrous  operations  which  led  to  the  court-martial  on 
Admiral  Byng,  tlie  king  siiid  to  Mitchell,  "This  is  a  bad 
business/"  "  We  hope,  sir,  with  GotPs  help,  to  do  better,'' 
he  replied.  "With  God's  assistance  ?"  said  the  king,  "  I  did 
not  know  you  had  such  an  ally."  "  We  rely  much  on  him," 
replied  the  ambtissiulor,  "  though  he  costs  us  less  than  our 
otlier  allies  !"  These  and  many  other  well-known  stories  were 
told  about  him,  and,  though  now  forgotten,  the  Under  Secre- 
tary for  Scotland  was  a  man  of  no  little  mark  in  his  own  day. 

Lord  Tweeddale  and  Mr.  Mitchell  were  responsible  for  the 
Scottish  Department  in  Whitehall.  In  Scotland  the  chief 
advisers  of  the  Ministry  were  the  Lord  President,  Forbes  of 
Culloden,  whose  vast  influence,  great  talents,  and  indefatigable 
energy  had  for  many  years  been  placed  ungrudgingly  at  the 
service  of  his  country ;  the  Lord  Justice-Clerk,  Andrew 
Fletcher,  Lord  Milton,  an  intimate  friend  of  the  Duke  of 
Argyll,  and  himself  rivalling  that  statesman  in  his  knowledge 
of  Scotland  and  Scotsmen ;  Robert  Craigie  of  Glendoick,  a 
sound-headed  and  sensible  man,  whose  career  of  industrious 
toil  had  raised  him  to  the  position  of  Lord  Advocate ;  and 
lastly,  Robert  Dundas,  the  Solicitor-General,  younger  than  his 
colleagues,  but  already  displaying  the  administrative  capacity 
for  which  his  family  was  so  distinguished.  The  ability  and 
resources  of  this  group  of  officials  were  about  to  be  tried  by 
the  sudden  and  painful  events  of  a  civil  war. 

In  F'ebruary  1744  Sir  John  Cope  was  sent  down  to  Scotland 
as  Commander-in-Chief.  Dundas  was  then  in  Edinburgh,  and 
in  constant  correspondence  with  Whitehall  (the  Lord  Advocate 
being  absent  in  London)  ;  and  the  following  letter  throws  some 
light  on  what  was  thought  about  Sir  John  Cope  by  men  who 
knew  him : — 


Mr.  Mitchell  to  Solicitor-General  Dundas. 

Whitehall,  4  F^/>.  1744. 
Sir, — General  Cope  set  out  yesterday  for  Scotland.     He  was 
appointed  Commander-in-Chief  without  much  consultation.     His 


120  ARNISTON  MEMOIRS.  [1744. 

Majesty  inclined  to  have  conferred  that  command  on  Sir  Robert 
Rich,  but  he  declined  it  on  account  of  his  health,  etc.  Lord 
Mark  Ker,  and  others,  were  very  solicitous  to  have  it.  I  am  well 
assured  that  the  D.  of  Argyll  was  not  pleased  with  Sir  J.  Cope's 
being  appointed,  but  notwithstanding  of  that,  I  make  no  doubt 
but  he  will  be  well  received  by  the  Lord  and  Lady  J.  C.^  This 
gentleman  2  has  been  what  the  world  call  lucky  in  his  profession. 
He  has  rose  fast  to  considerable  rank  and  preferment,  without 
much  service,  and  his  success  has  been  attended  with  the  usual 
concomitants,  envy  and  slander.  But  he  certainly  has  both  parts 
and  address,  to  acquire  the  friendship  of  the  great,  and  to  make  it 
useful  to  himself.  As  I  have  wrote  you  with  great  freedom,  you 
will,  I  know,  remember  that  what  I  have  said  is  in  confidence  to 
you  only,  and  I  need  not  tell  you  how  necessary  it  is  that  there  be 
a  perfect  good  understanding  between  you  and  the  Commander-in- 
Chief.  You  will  find  him  easy,  well  bred,  and  affable,  and  I  fancy 
it  will  be  an  easy  matter  to  gain  his  confidence.  Some  early 
civilities  will  make  him  yours,  he  being  an  absolute  stranger  in  the 
country. — Yours,  &c.,  And^-  Mitchell. 

The  fears  of  a  French  invasion  increased  among  the  mem- 
bers of  the  Government  in  London.  It  was  the  belief  of  Lord 
Tweeddale  that  "some  desperate  enterprise  is  resolved  upon 
against  this  kingdom. "'''  In  Scotland  all  seemed  quiet ;  but  Lord 
Tweeddale,  on  hearing  this  from  Mr.  Dundas,  answered  that  he 
was  not  satisfied.  "  I  am  very  glad  to  hear,"  he  writes,  "  that 
there  is  not  the  least  stir,  as  yet,  in  your  parts,  particularly  in 
the  Highlands ;  though  I  own  I  cannot  help  even  suspecting 
so  dead  a  calm  at  this  time ;  and,  therefore,  I  hope  it  will  not 
make  His  Majesty's  servants  less  upon  their  guard."  Again 
Lord  Tweeddale  writes,  upon  the  25th  of  February  1744  : — 

Lord  Tweeddale  to  Solicitor-General  Dundas. 

Whitehall,  25  Feb.  1744. 

Sir, — I  am  glad  to  hear  there  has  yet  appeared  no  disturbances 

in  Scotland  ;  yet  as  I  wrote  to  you  in  my  last,  I  even  suspect  that 

dead  calm.     We  know  for  certain  that   there  are  many  French 

officers,  Irish,  and  others,  come  over  here,  and  are  lurking  about 

1  The  Lord  Justice-Clerk  and  Mrs.  Fletcher,  of  Milton. 
'^  Sir  John  Cope. 


1744]  FRENCH  OFFICERS.  121 

this  town.  I  btlicve  upon  enquiry  the  same  will  be  found  so  in 
Scotland.  1  have  myself  intelligence  of  two,  whom  I  know  to  be 
there ;  the  one  Donald  Stewart,  brother  of  the  same  Stewart 
whom  we  were  in  search  for  last  year,  and  who  wa,s  formerly 
Quarter-Master  in  the  Greys.  The  father  of  these  Stewarts  was 
once  a  farmer  in  the  Knock  of  Kincardine,  j)arish  of  Abernethy  in 
Strathspey.  The  other  is  Alexander  Bailey,  called  Capt.  Bailey, 
but  only  a  Lieutenant,  as  I  am  informed,  in  Clare's  regiment  in  the 
French  service.  Both  these  officers  are  lately  come  from  France, 
and  are  now  supposed  to  be  in  the  north  of  Scotland.  I  have,  there- 
fore, received  His  Majesty's  commands  to  signify  to  you  that  it  is  his 
pleasure  that  warrants  be  issued  for  apprehending  not  only  these 
two  persons,  but  also  all  other  officers  at  present  in  the  service  of 
France,  who  you  happen  to  hear  are  in  Scotland,  since  they  can 
come  here  with  no  good  design  at  this  juncture.  Supposing  no 
invasion  had  been  intended,  their  view,  at  least,  must  be  enlist- 
ment for  the  service  of  that  Crown.  You  will  communicate  this 
to  Sir  John  Cope,  and  concert  the  manner  of  doing  it  with  such  of 
His  Majesty's  servants  as  you  shall  judge  proper.  Care  must  be 
taken,  if  any  such  persons  should  be  seized,  to  secure  all  the  letters 
and  papers  they  may  have  about  them,  and  those,  if  containing 
anything  material,  to  be  transmitted  to  me  here,  and  the  persons 
of  such  officers  detained  till  further  orders. — I  am,  etc., 

TWEEDDALE. 


The  letters  which  passed  between  Dundas  and  the  Scottisli 
Department  disclose  the  fact,  an  unfortunate  one  for  the  public 
service,  that  he  and  the  Lord  Justice-Clerk  were  not  on  good 
terms.  Lord  Milton,  as  an  intimate  friend  of  the  Duke  of 
Argyll,  may,  very  naturally,  have  been  averse  to  admit  to 
complete  political  confidence  the  son  of  that  old  leader  of  the 
Independent  Whigs,  who  had,  years  before,  opposed  his  patron 
with  so  much  determination.  He  was  inclined,  Dundas  com- 
plained to  Lord  Tweeddale,  to  consult  Sir  John  Cope  too  much  ; 
and  the  Secretary  of  State  had  some  difficulty  in  keeping  the 
peace.  "  As  to  what  you  hint  at,''  he  writes,  "  in  yours  of  the 
28th,  it  is  no  more  than  I  expected  would  happen.  You  know 
very  well  the  Justice-Clerk  is  very  a,ssiduous  in  making  his 
court  to  all  strangers,  and  ])articularly  to  military  men  ;  but  I 
think  that  should  occasion  no  division  at  this  juncture  among 
you." 


122  ARNISTON  MEMOIRS.  [1744. 


Mr.   Mitchell  io  Solicitor-General  Dundas. 

Whitehall,  6th  March  1744. 
Sir, — My  Lord  ^  had  notice,  by  a  letter  from  General  Cope, 
that  it  was  suspected  the  Marquis  of  Tullibardine  was  in  Scotland. 
As  his  Lordship  is  not  certain  that  this  has  been  communicated  to 
you  as  it  was  to  the  Justice  Clerk,  he  desires  me  to  tell  you  that,  in 
case  the  General  has  failed  in  this  particular,  that  it  is  his  opinion 
you  should  show  no  mark  of  resentment  on  this  occasion.  The 
present  state  of  the  public  affairs  requires  that  such  trifles  should 
be  overlooked,  and  that  at  least  a  seeming  harmony  should  be  pre- 
served amongst  His  Majesty's  servants.  His  Lordship  is  sensible 
that  in  your  station  some  things  may  happen  that  will  be  dis- 
agreeable to  you ;  but  he  depends  upon  your  temper  and  prudence, 
and  your  zeal  for  His  Majesty's  service,  that  nothing  of  that  kind 
will  in  the  least  influence  your  conduct  at  this  juncture.  I  shall 
write  to  you  by  post  this  night. — I  am,  &c., 

Andr.  Mitchell. 

In  subsequent  letters  the  Marquis  of  Tweeddale  and  Mr. 
Mitchell  continue  to  impress  on  the  Solicitor  General  the 
necessity  of  preserving,  "  in  appearance  at  least,  a  good  corre- 
spondence between  the  Justice  Clerk  and  you.""*  Sir  John  Cope 
received  express  orders  to  consult  both  the  Solicitor  and  his 
father,  Lord  Arniston,  on  the  state  of  affairs ;  and  "  it  is 
hoped,"  says  Mr.  Mitchell,  "  that  Lord  Arniston  will  not  be 
shy  in  meeting  and  talking  with  them."' 

The  position  of  public  affairs  was  becoming  more  and  more 
critical.  "  We  are  now,"  Mr.  Mitchell  writes  on  the  24th  of 
March,  "  on  the  eve  of  a  French  war,  and  some  of  those  who, 
these  several  years,  have  been  bellowing  for  a  war  with  France, 
now  talk  of  nothing  but  the  power  of  France,  and  the 
dangerous  consequences  of  a  war,  a  notable  instance  of  how 
impossible  it  is  to  please  a  giddy  and  misinformed  multitude." 

In  April  Dundas  began  to  feel  the  strain  of  continuous 
official  work,  and  proposed  leaving  Edinburgh  for  a  time. 
War  had  been  formally  declared  at  the  end  of  March,  and 
events  in  Scotland  were  more  narrowly  watched  than  ever.  "  I 
have,"'''  Lord  Tweeddale  writes  on  the  14th  of  April,  "just  now 

^  Lord  Tweeddale. 


1744]  THE  WAR  WITH  FRANCE.  12.S 

seen  a  letter  from  you  to  Mr.  Mitchell,  wherein  you  signify 
your  inclination  of  going  to  the  country  for  some  days.  1 
cannot  object  to  it,  though  I  am  sensible  occurrences  may 
happen  in  whicli  I  may  wish  to  liave  your  opinion  as  (|uick  as 
the  post  will  allow  it ;  and,  therefore,  I  desire  you  will  take 
care  that  your  letters  be  regularly  transmitted." 

Mrs.  Dundas  /o  the  Solicitor-General. 

I  received  yours  with  all  the  affection  and  gratitude  imaginable, 
and  it  cannot  but  gratify  my  ambition  to  be  secure  of  having  the 
esteem  and  regard  of  a  person  whose  judgement  in  nothing  can 
ever  be  called  in  question,  if  it  is  not  his  partiality  towards  me. 
Your  absence  would  have  been  more  insupportable  to  me  had  1 
been  in  any  other  place  than  where  I  am.^  Their  manners  here 
are,  indeed,  different  from  the  generality  of  the  world,  and  few 
are  so  well  qualified  to  be  friends  ;  for  they  have  all  the  accom- 
plishments that  are  fit  to  constitute  true  friendship.  I  please  my- 
self with  the  thoughts  of  your  agreeing  perfectly  with  the 
country,  and  that  your  health  is  daily  more  confirmed.  You  are 
often  made  mention  of  here,  and  they  beg,  in  a  particular  manner, 
to  be  remembered  to  you.  My  mama  designs  to  write  to  you 
soon,  and,  in  the  meantime,  begs  you  '11  accept  of  her  best  wishes. 
— Believe  me  ever,  my  dear,  most  affectionately  yours, 

Hen.  Baillie. 

HoPT.  House,  May  21. 

Meantime  the  war  with  France  was  in  full  progress  ;  and 
the  Arniston  letters  contain  the  accounts  which  reached  Scot- 
land of  the  varying  phases  of  the  contest,  the  successes  of  the 
English  men-of-war  and  privateers,  and  the  progress  of  the 
campaign  on  the  Continent,  mingled  with  directions  for  the 
arrest  of  suspected  persons,  instructions  to  watch  the  sea-ports 
closely,  accounts  of  the  debates  in  Parliament,  warrants  for  the 
appointment  of  justices  of  the  peace,  with,  now  and  then,  stray 
items  of  court  gossip, — while  over  all,  coming  nearer  and  nearer, 
hovers  the  shadow  of  the  exiled  family,  the  presage  of  impend- 
ing civil  war. 

In  July  1744  Lord  Wilmington,  died,  and  Henry  Pelham 
became  prime  minister.     Carteret,  whose  motto,  according  to 

'      ^  Mrs.  Dundas  was  visiting  at  Hopetoun  House. 


124  ARNISTON  MEMOIRS.  [1744. 

Horace  Walpole,  was  "  give  any  man  the  crown  on  his  side, 
and  he  can  defy  everything,'^  was  the  royal  favourite  ;  and  he 
and  Mr.  Pelham  were  estranged  by  mutual  jealousy.  The 
result  was  that,  at  the  end  of  autumn,  the  country  was  plunged 
into  a  ministerial  crisis.  Carteret,  now  become,  by  the  death 
of  his  mother,  Earl  Granville,  had  driven  Mr.  Pelham  and 
his  brother,  the  Duke  of  Newcastle,  to  inform  the  king  that 
he  must  choose  between  their  resignations  and  that  of  Lord 
Granville.     Lord  Granville  resigned. 


Mr.  Mitchell  io  Solicitor-General  Dundas. 

Whitehall,  24//^  A^ov.  1744. 
Sir, — My  Lord,  who  has  not  time  to  write,  desires  me  to 
acquaint  you  that  this  morning  the  Earl  of  Granville  resigned 
the  seals,  which  His  Majesty  immediately  gave  to  the  Earl  of 
HaiTington.  Next  week  there  will  be  a  new  Commission  for  the 
Admiralty,  but  who  will  come  in  place  of  the  Earl  of  Winchelsea, 
and  what  other  changes  will  be  made  in  that  board,  are  not  yet 
known,  and  perhaps  not  yet  settled.  How  this  will  end  I  know 
not,  but  till  the  whole  scheme  is  visible,  those  who  wish  well  to  a 
certain  interest  will,  I  hope,  be  very  cautious  of  what  they  say  or 
do. — I  am,  etc.,  And^.  Mitchell. 

The  administration  which  was  now  being  formed  was  that 
which  is  known  as  the  Broad  Bottom  Administration  of  1744. 
"  Great  are  the  expectations  of  many,""  writes  Mitchell,  "  and 
great  will  be  their  disappointment.  Ld.  G — lie,  I  am  told,  had 
very  numerous  levees  there  three  days  past;"'  and  in  another 
letter,  on  the  1st  of  December,  "  Nothing  is  yet  done  in  the 
changes  so  much  talked  of,  and  indeed  everybody,  in  their  con- 
versations, turn  in  and  put  out  with  so  much  freedom  according 
to  their  affections  and  prejudices,  that  I  can  affirm  nothing 
certain  in  these  affairs.""'  In  a  postscript  to  another  letter  he 
says,  "  I  have  heard  that  lately  when  a  certain    great  man  ^ 

brought  a  bundle  of  papers  to  be  signed  by ,2  that  he  said, 

'  Lay  them  down  ;  I  suppose  these  are  warrants  for  your  friends 
to  come  in  and  mine  to  go  out,"*  etc.  It  is  the  general  observa- 
tion of  those  that  attend  the levee,  that  he  speaks  with 

1  Probably  Mr.  Pelham.  -  The  King.* 


1745]  BROAD  BOTTOM  ADMINISTRATION.  125 

great  affettation  and  temper  to  the  late  secretary,  but  hardly 
deigns  to  look  at  tlie  reformers.'' 

Mr.  Mitchell  to  Solicitor-General  Dundas. 

Whitehall,  22  Dec.  1744. 
Dear  Sir, — Inclosed  I  send  you  a  list  of  such  as  have  kissed 
hands  this  morning.^  I  believe  the  whole  was  not  settled  till  late 
last  night.  What  other  changes  will  be  made  I  cannot  inform  you, 
and  with  regard  to  your  friend  here ,2  some  say  the  office  will  be 
suppressed,  others  that  he  will  soon  have  a  successor,  and  others 
that  he  will  at  least  remain  till  the  end  of  the  session.  Be  this  as 
it  will,  I  hope  you  will  continue  to  do  the  duty  of  your  office,  and 
you  may  be  assured  that  so  soon  as  anything  is  determined  con- 
cerning your  friends  that  you  shall  have  timeous  notice,  that  you 
may  take  the  steps  you  shall  judge  most  proper  for  your  honour 
and  satisfaction.  .  .  .  The  bringing  in  of  some  of  the  Tories  has 
given  jealousy  and  discontent  to  many ;  and  though  I  believe 
there  will  be  no  opposition  immediately,  yet  a  foundation  is  laid, 
from  the  discontent  of  the  Whigs,  and  the  disappointment  of  the 
Tories,  which  will  one  time  or  other  break  out  with  violence,  for  I 
believe  the  heads  of  the  Tories  will  soon  lose  their  influence  with 
their  party. — I  am,  &c..  And'*-  Mitchell. 

Mr.  Mitchell  remained  at  his  post,  so  did  Lord  Advocate 
Craigie,  and  the  Solicitor-General ;  and  accordingly  there  was 
no  change  in  the  Scottish  Department. 

Mr.  Mitchell  to  Solicitor-General  Dundas. 

Whitehall,  17  Jan.  1745. 
Dear  Sir, — 1  had  the  pleasure  of  yours  of  the  second,  and  I 
return  you  thanks  for  thinking  of  me  during  the  Saturnalia,  which 
you  celebrated  in  the  country.  Happy  should  I  have  been  to  have 
shared  in  your  mirth ;  but  indeed  this  is  no  compliment,  for  I 
should  be  happy  to  be  anywhere  rather  than  here,  so  tiresome  and 
so  hateful  is  this  evanescent  state  of  being,  in  which  I  have  not 
even  the  comfortable  prospect  of  a  sudden  and  honourable  death. 
I  will,  however,  follow  the  example  of  my  betters,  and  stand  by  my 

^  Mr.  Pelham's  ministry  of  1744  included  Lord  Hardwicke  as  Lord 
Chancellor,  the  Duke  of  Newcastle  and  Lord  Harrington  as  Secretaries  of  State 
for  England,  the  Marquis  of  Tweeddale  as  Secretary  for  Scotland,  and  Lord 
Chesterfield  as  Lord  Lieutenant  of  Ireland. 

-  Lord  Tweeddale. 


126  ARNISTON  MEMOIRS.  [1745. 

standard  till  I  am  honourably  dismissed^  or  meet  with  my  fate.     I 

have  heard  it  rumom'ed  that  the  office  of has  been  offered 

to  the  D.  of  Ar — 11,  which  he  refused.  Whether  he  had  the 
option  of  naming  a  successor  I  do  not  know ;  but  I  am  told  he 
affects  that  both  should  be  believed.  Whatever  be  in  this,  I  fancy 
we  cannot  subsist  long,  and  I  most  sincerely  wish  that  we  may 
rather  cease  to  be,  than  not  be  as  we  ought. — Dear  Sir,  I  am  most 
sincerely,  yours  affect'^*  A.  M. 

Throughout  the  winter  and  spring  of  1745  there  were  vague 
rumours  of  a  Jacobite  invasion.  "  There  are,''  Lord  Tweeddale 
writes  to  the  Solicitor-General  on  the  2d  of  April,  "several 
letters  in  town,  mentioning  a  ridiculous  story  of  a  young  man, 
who  calls  himself  the  Pretender's  son,  being  in  Scotland.  By 
the  description  I  have  had  of  him,  he  appears  to  be  the  same 
person  who  was  here  about  two  years  ago,  and  was  actually 
taken  up  at  the  time  of  the  invasion,  and  upon  examination  he 
appeared  to  be  crazy  ;  however,  such  stories  and  persons  are 
not  to  be  altogether  neglected,  and,  therefore,  you  will  enquire 
about  him  as  prudently  as  you  can."  This  story  was,  indeed, 
an  idle  tale.  The  young  Pretender  was  still  on  the  Continent. 
But  towards  the  end  of  July  other  rumours  reached  Edinburgh 
and  London,  which  were  equally  laughed  at,  but  of  which  it 
would  have  been  well  for  the  Marquis  of  Tweeddale  and  Mr. 
Mitchell  to  have  taken  serious  notice. 

Prince  Charles  landed  among  the  Western  Islands  on  the 
2d  of  August,  or  a  few  days  before — the  exact  date  is  uncertain 
— and  on  the  2d  of  August  Mr.  Mitchell  writes  to  Dundas  :  "  I 
thought  it  needless  to  trouble  you  with  any  account  of  the 
intelligence  about  the  young  Chevalier,  first,  because  I  knew  the 
Advocate  would  acquaint  you  with  it,  and  then  because  I  could 
hardly  think  seriously  of  that  matter,  the  whole  appeared  to 
me  so  absurd  that  I  was  surprised  to  find  the  Lords  of  the 
Regency  had  ordered  a  proclamation  ;  but  they  know  best." 

For  many  days  the  possibility  of  a  serious  attempt  at 
invasion  was  denied. 

Mr.  Mitchell  to  Solicitor-General  Dundas. 

Whitehall,  17  Atigji-st  1745. 
Dear  Sir, — As  you  will  be  acquainted  with  the  contents  of 
the  later  expresses  to  Scotland,  I  shall  say  nothing  of  that  matter, 


1745]  BKGINNINO  OF  THK  REBELLION.  127 

only  I  think  the  paragraph  of  tin*  Ijmdou  Gazette  fully  strong  for  all 
the  intelligence  they  yet  have  about  this  affair.  It  is  surprising 
that  this  affair  has  made  so  much  noise  here,  and  occasioned  a 
falling  of  the  stocks.  I  wish  I  had  money  to  purchase,  notwith- 
standing the  imminent  danger.    -1  am,  &c.. 

And**-  Mitchell. 


Mk.     M|T(  IIKI.L    la    S<HJ(  IT()R-(iENERAL    DuNDAS. 

Whitehall,  20  .-lus.^its^  1745. 
Dear  Sir, — As  to  the  present  affair,  I  have  ever  had  doubts 
about  the  identity  of  the  person  said  to  be  landed.  The  scheme 
appears  so  absurd  and  hitherto  so  ill  supported  that  it  seems 
to  me  more  like  a  drunken  frolic  than  a  serious  design.  How 
anybody  with  you,  where  the  truth  may  be  easier  known  than  it 
can  be  here,  can  be  alarmed  is  to  me  astonishing,  because  there 
are  troops  more  than  enough  for  the  purpose.  I  can  imagine'that 
from  other  views  people  may  be  glad  first  to  magnify  the  danger, 
in  order  to  raise  their  own  merit,  as  physicians  sometimes  fright 
their  patients  only  that  they  may  cure  them  of  something. — 
Yours,  A.  M. 

Even  in  Edinburgh  it  was  the  second  week  of  August 
before  it  was  known,  that,  beyond  doubt,  the  young  Pretender 
was  in  the  Highlands.  It  was  not  till  the  19th  of  August 
that  Sir  John  Cope,  promising  to  check  the  rebels  easily,  said 
good-bye  to  Lord  Milton  and  Mr.  Dundas,  and  started  for  the 
North.  He  was  too  late  of  starting,  as  all  the  world  has 
known  ever  since.  "  I  don'^t  know  what  the  devil  possessed  you 
all  not  to  send  Sir  John  north  as  soon  as  you  at  first  intended,*" 
says  Lord  Deskford  in  a  letter  to  Dundas.  "Our  country 
people  are  in  great  terror  and  consternation,*"  writes  Sir  David 
Moncreiffe,^  as  the  Highlanders  were  known  to  be  approaching 
Perth.  On  the  9th  of  September,  Mr.  Hope  of  Craigiehall 
writes :  "  This  morning  I  met  one  fresh  from  the  north  side,  in 
whom  there  is  no  guile,  but  who,  I  know,  is  very  well  informed 
of  what  is  given  out  at  Perth  by  authority.  Our  conversation 
was  much  to  the  following  effect :  '  Well,  what  moves  on  your 

^  Sir  D.  Moncreiffe,  Deputy  King's  Remembrancer,  second  son  of  Sir  T. 
Moncreiffe  of  Rapness,  and  Margaret,  daughter  of  David  Smythe  of  Methven. 
He  was  afterwards  a  Baron  of  Exchequer. 


128  ARNISTON  MEMOIRS.  [1745. 

side  ? '  '  Nothing  but  wliat  I  suppose  you  have  heard ;  they 
are  now  good  6000  strong,  and  gather  strength  every  day."* 
'  Have  they  made  any  motion  yet  ? '  '  Oh  no,  they  wait  at 
Perth  for  Sir  John  Cope,  if  he  '11  come  to  them.''  '  I  hear  he 's 
at  Aberdeen.'  'Yes,  but  there's  a  story  that  he  dare  not 
come  forward,  and  intends  to  take  shipping  there.'  'Won't 
they  go  and  meet  him.?  It's  not  a  great  way  from  them.' 
'No,  they'll  follow  him  south.'  By  this  time  I  was  almost 
struck  blind  by  the  strong  blaze  of  Restoration  in  his  face, 
and  so  we  parted." 

As  it  became  known  that  Sir  John  Cope,  instead  of  defeat- 
ing the  rebels,  had  never  even  given  them  battle,  but  had 
marched  first  to  Inverness  and  then  to  Aberdeen,  from  whence 
he  was  to  sail  for  the  Forth,  the  "  blaze  of  Restoration " — to 
use  Mr.  Hope's  phrase — was  seen  on  many  faces.  In  Edin- 
burgh all  was  uncertainty.  The  Whigs  had  ceased  to  despise 
the  rebels,  and  were  now  seriously  alarmed.  The  Jacobites 
were  secretly  exulting,  and  doing  all  they  could  to  thwart  the 
measures  which,  all  too  late,  were  being  taken  for  the  protec- 
tion of  the  city.  The  Lord  Advocate  was  on  the  spot,  work- 
ing night  and  day,  and  in  constant  consultation  with  Dundas. 
The  citizens  were  clamouring  for  leave  to  take  up  arms,  but 
were  not  allowed  to  do  so  by  the  Provost  and  Magistrates 
until  the  Lord  Advocate  and  Solicitor-General  had  given  a 
formal  opinion  that  it  was  lawful. 

Mr.  Mitchell  to  Solicitor-General  Dundas, 

Whitehall,  12  Septr.  1745. 

Dear  Sir, — I  communicated  yours  of  the  7th  to  my  Lord 
Marquis.  I  wish  you  had  been  a  little  more  explicit  about  the 
resolution  of  the  Burgesses  of  Edinburgh,  and  how  they  came  to 
have  a  dispute  about  a  proposition  in  itself  so  clear.  A  particular 
narrative  of  this  dispute,  and  of  the  arguments  made  use  of,  and 
by  whom,  might  have  been  of  very  considerable  service  here  at 
this  juncture  to  show  some  people  in  their  true  colours,  when 
stories  are  industriously  and  maliciously  spread  that  I  am  ashamed 
so  much  as  to  mention  to  you  for  fear  that  you  should  imagine 
my  keenness  may  have  carried  me  too  far. 

It  would  surprise  you  was  I  to  mention  the  little  acts  made 
use  of  to  misrepresent  everything  that  has  been  done,  and  to 


1745]  LETTERS  FROM   MR.  MITCHELL.  129 

justify  some  great  men's  doing  nothing.  My  Lord  Justice-Clerk 
has  wrote  a  most  pathetick  letter  to  the  Marquis,  setting  forth 
the  amazement  and  astonishment  of  his  Majesty's  faithful  sub- 
jects, that  no  legal  authority  has  yet  been  given  for  assembling 
and  arming  of  them  in  defence  of  the  Government.  But  his  Lord- 
ship has  skilfully  avoided  saying  what  authority  was  wanted,  and 
my  Lord  has  (by  this  express)  desired  he  would  point  out  what 
power  he  thinks  at  this  time  necessary  for  the  support  and  j)ro- 
tection  of  the  well  affected.  I  cannot  help  mentioning  to  you  an 
opinion  which  I  believe  has  been  invented  and  published  on 
purpose  to  justify  the  lethargy  into  which  the  Whig  Clans  seem 
to  have  fallen,  and  to  excuse  their  not  joining  the  King's  troops, 
which  is  that  by  the  law  of  Scotland  it  is  high  treason  to  ann 
without  the  King's  special  leave.  I  know  no  act  that  declares  it 
so  but  that  of  l66l  for  settling  the  King's  prerogative  with  regard 
to  troops.  Militia,  etc.  But  this  Act  declaratory  of  the  prerogative, 
after  a  long  usurpation,  can  never  be  extended  to  deprive  the 
subject  of  the  right  of  self  defence,  and  in  this  country  such  prin- 
ciples are  turned  into  open  ridicule,  as  tending  only  to  cover 
something  that  must  not  be  avowed.  Pray  let  me  know  your 
thoughts  of  this  matter,  and  what  you  would  think  expedient  to 
be  done  for  the  safety  and  protection  of  our  country.  It  is 
impossible  to  persuade  an  Englishman  that  self-defence  can  be 
high  treason. — Yrs.,  And^  Mitchell. 


Mr.  Mitchell  to  Solicitor-General  Dundas. 

Whitehall,  i^Septr.  1745. 
Dear  Sir, — As  I  wrote  to  you  by  last  pacquet,  I  have  little 
to  add,  only  I  find,  by  the  gross  misrepresentation  that  is  made  of 
everything,  how  necessary  it  is  to  be  informed  minutely  of  what 
happens  at  Edinburgh,  particularly  if  it  had  not  been  for  the  hint 
in  your  letter  I  might  have  so  far  been  imposed  upon  by  the 
boldness  of  the  asserters,  to  have  believed  that  the  Crown  Lawyers 
had  averred  that  it  was  treason  to  defend  the  town  unless  the 
inhabitants  had  first  an  authority  from  the  king.  I  wish,  there- 
fore, we  had  an  accurate  detail  of  the  debate  that  happened  in 
Council  on  that  occasion,  and  who  it  was  that  suggested  that 
ingenious  scruple,  and  by  whom  it  was  supported,  for  the  doctrine 
is  so  new  and  so  extraordinary,  that  subjects  have  not  the  right  of 
self-defence,  that  it  has  been   matter  of  conversation  in  places 

I 


130  ARNISTON  MEMOIRS.  [1745. 

where  you  could  hardly  think  it  would  have  reached.  To  be 
plain  with  you,  a  distinct  account  of  this  affair  would  be  of  very 
great  service  at  this  time. — Yrs.,  And^  Mitchell. 


Mr.  Mitchell  to  Solicitor-General  Dundas. 

Whitehall,  21  Septr.  1745. 

Dear  Sir, — I  had  the  favour  of  your's  of  the  18th  from 
Dunbar,  which  I  assure  you  has  already  been  of  very  great 
service,  and  I  hope  you  will  soon  send  the  second  part  when  you 
have  seen  Baillie  Hamilton.  I  wrote  to  him  upon  the  first  hearing 
of  his  stout  and  honest  behaviour.  I  do  not  know  whether  he 
has  yet  received  my  letter,  but  a  narrative  from  him  of  what 
passed  in  Council  in  the  debate  about  arming  the  citizens  would 
at  this  time  be  of  use,  and  I  fancy  his  own  principles,  and  the 
usage  he  has  met  with,  will  make  him  not  averse  to  give  it.  I 
imagine  it  is  in  his  power  to  give  an  account  of  many  circum- 
stances previous  to  that  debate  that  would  give  some  light  to  the 
late  dark  and  infamous  transactions  at  Edinburgh.  Had  I  leisure 
at  present  to  write  you  but  one  half  of  the  scandalous  and 
malicious  lies  that  have  been  invented,  propagated,  and  believed, 
it  would  fully  convince  you  how  necessary  it  is  at  this  time  that 
friends  here  should  be  particularly  and  minutely  informed  of  what 
happens  in  Scotland,  for  you  know  malice  and  slander,  if  they  do 
not  receive  an  early  cheque,  are  at  last  not  to  be  overcome. 

I  shall,  in  return,  when  I  have  a  little  more  leisure,  acquaint 
you  with  what  turn  is  given  to  things  here,  and  what  arts  are 
made  use  of  to  serve  the  most  dirty  purposes. 

The  part  Lord  Advocate  and  you  have  acted  will  be  for  your 
honour,  when  the  particulars  shall  be  known,  as  it  has  undoubtedly 
been  for  the  service  of  the  King  and  Country.  I  never  thought 
to  have  lived  to  be  almost  ashamed  to  acknowledge  my  country. 
The  late  surrender  of  Edinburgh  and  the  cruel  reflections  made 
upon  the  whole  nation,  must  give  every  man  pain  who  has  the 
least  sensibility,  and  the  consequences  of  it  will  be  severely  felt 
afterwards.  I  hope  this  affair  will  be  soon  cleared  up,  and  a 
particular  narrative  made  out  how  and  by  whom  it  was  conducted, 
that  the  innocent  may  not  suffer  in  reputation  with  the  guilty, 
and  justice  requires  that  the  faults  of  a  few  should  not  be  imputed 
to  a  whole  nation.  I  am  the  more  anxious  that  this  should  be 
done  soon,  because  this  dark  transaction  will  be  more  easily  traced 
while  people's  zeal  is  warm,  and  while  their  hearts  are  open  with 


1745]  BATTLE  OF  PUESTONPANS.  ]:u 

a  sense  of  the  injuries  lately  done  them  than  afterwards,  when  I 
fear  connections,  and  the  specious,  but  false,  humanity  of  screen- 
ing the  guilty  by  their  silence  will  take  place  and  disappoint 
national  justice. — Yrs.,  And**  Mitchell. 

The  last  of  these  letters  wjts  \Nrittun  on  the  21st  of  Sep- 
tend)er.  On  that  day  Sir  John  Cope  had  been  completely 
defeated  at  the  battle  of  Prestonpans ;  but  this  wjis  not  known 
in  Ix>ndon  until  three  days  later.  Dundjus  had  left  Edinburgh 
some  time  l)efore,  along  with  the  Lord  Advocate,  and  hatl, 
since  the  occupation  of  the  city  by  the  Pretender,  been  at 
Haddington,  Dunbar,  and  Berwick.  He  ju'conipanied  Sir 
John  Cope  on  his  march  from  Dunbar  to  Prestonpans,  and 
was  bv  his  side  during  the  movements  of  the  day  before  the 
battle.  I^te  on  the  evening  of  the  20th,  he  and  Craigie  left 
tlie  royal  army  prejiaring  to  bivouac  for  the  night,  with  the 
rebels  about  a  mile  to  the  west,  and  rode  off  to  spend  the  night 
at  Huntington,  the  country  seat  of  Mr.  Thomas  Hay,  the 
Keeper  of  the  Signet.  Early  next  morning  they  heard  the 
sound  of  guns,  and  soon  learned  that  the  force  under  Sir  John 
Coj)e  iiad  been  totally  routed  by  the  Highlanders.  They  then 
made  the  best  of  their  way  southwards  to  Berwick,  stopping 
for  a  short  time  at  Hatldington,  where  Dundas  assisted  the 
I^rd  Advocate  to  write  a  hurried  note  to  Lord  Tweeddale  with 
the  news  of  Cope''s  defeat.  This  note  reached  Whitehall  at 
midnight  on  the  24tli  of  Septend)er. 

Mr.  Mitchell  to  Solicitor-General  Dundas. 

Whitehall,  24  i>//.  1745, 
^  past  midnight. 

Dear  Sir, — It  was  with  unexpressible  concern  that  I  read 
this  morning  the  accounts  of  the  battle  near  Preston.  God  only 
knows  what  may  be  the  consequences  of  it  to  our  country.  I 
shrink  at  the  very  thought  of  these  scenes  of  blood  and  misery 
that  must  necessarily  follow.  I  hope  the  Castle  of  Edinburgh 
will  still  be  preserved.  My  Lord  has  wrote  to  the  Advocate  about 
it,  who  will  shew  you  his  letter.  I  hope  the  connexions  you  have  in 
Edinburgh  will  enable  you  to  do  service  on  this  occasion.  Let  no 
expense  be  spared,  for  it  is  of  the  utmost  consequence  to  the  nation. 

Pray  be  very  particular  about  what  has  happened.     I  never 


1.32  ARNISTON  MEMOIRS.  [1745. 

before  knew  what  it  was  to  be  so  miserably  anxious.  A  veiy 
minute  detail  of  the  facts  and  numbers  is  necessary,  not  for 
curiosity  only,  but  for  a  justification  of  those  you  wish  well  to.  .  .  . 
My  heart  bleeds  for  my  friends  who,  besides  these  present  hard- 
ships, must  suffer  the  reputation  of  treachery,  till  the  shameful 
surrender  of  Edinburgh  be  cleared  up.  I  beg  leave  to  offer  my 
compliments  to  Lord  Arniston.  Pray  let  me  know  in  your  next 
where  he  is,  and  how  he  does. — I  am  ever  most  affectionately 
yours,  And''  Mitchell. 

The  following  letter,  which  bears  no  date,  was  evidently 
written  during  the  occupation  of  Edinburgh  by  the  rebel 
army,  and  shows  the  alarm  and  uncertainty  which  existed 
among  the  relatives  of  those  who  remained  true  to  the  reign- 
ing family : — 

Lady  Arniston^  to  her  Stepson,  Solicitor-General  Dundas. 

(No  date.) 
Mv  DEAR  RoBY, — I  sciid  tliis  by  express,  both  for  security  and 
haste,  with  one  for  your  father  which  you  '11  be  so  good  as  to 
forward  by  the  post,  for  I  am  afraid  if  the  servant  goes  on  all  the 
way,  he  will  not  be  back  in  time  for  to  answer  the  end  of  sending 
nim,  which  is  to  consult  and  get  your  advice  what  is  proper  for 
me  to  do.  Since  last  Monday  at  eight  o'clock  we  got  two 
expresses  from  Edinburgh  telling  us  that  the  town  was  to  be 
destroyed  by  firing  from  the  castle,  unless  a  free  communication 
was  left  for  provisions  to  go  up  to  them.  The  respite  was  only 
till  twelve  the  next  day,  which  occasioned  a  general  consternation, 
sick  people  in  bed,  children  with  their  nurses,  men  and  women, 
all  running  out  of  town  with  carts  full  of  goods,  and  of  these  we 
hear  the  Highlanders  took  a  share.  However,  next  day  we  were 
told  the  town  had  got  a  reprieve  for  six  days  till  the  return  of  an 
express  from  London,  and  by  a  proclamation,  which  you  will  see 
if  the  town  is  reduced,  reprisals  are  to  be  made  on  all  the 
abettors  of  the  Government,  which  is  a  very  general  description. 
And  as  it  is  positively  given  out  our  houses  are  to  be  burnt, 
wherever  protections  have  been  given  they  are  to  be  recalled. 
In  short,  we  are  to  be  ruined.  If  I  could  believe  all  this  I  would 
surely  leave  this  place.  But  since  the  forfeitures  of  estates  are  to 
be  given  to  defray  the  loss  of  what  their  friends  may  suffer,  I  can 

1  Anne  Gordon,  second  wife  of  the  first  President  Dundas. 


1745]  FAMILY  LETTERS.  13S 

hardly  think  they  will  destroy  our  houses  or  anything  that  may 
answer  that  pur|K>se.  However,  I  would  be  very  glad  to  know  if 
my  husband  and  you  would  have  me  remove  books  and  papers  to 
any  of  our  neighbours,  where  they  could  be  safer  than  here — or 
if  I  shall  run  the  hazard  of  their  not  carrying  things  to  that 
extremity,  and  which  is  to  depend  upon  the  answer  from  London. 
I  have  no  reason  to  expect  ill  from  them  personally,  unless  they 
change,  for  last  night  there  was  a  protection  sent  out  to  me,  dated 
yesterday.  Since  all  this  disturbance  I  was  afraid  to  send  it  back 
for  fear  of  exasperating  them,  but  am  resolved  not  to  claim  the 
benefit  of  it  till  I  hear  from  you.  I  don't  think  it  right  to  take  a 
protection  allegiance. — Farewell,  (iod  protect  you  and  deliver 
us  from  these  distresses.  When  M*"  Dundas  writes  to  me  I  beg 
you  would  forward  it  by  express,  in  case  it  can  be  here  time 
enough  to  serve  for  a  direction  for  me. 

Wednesday. — I  would  have  wrote  before,  but  knew  not  where 
to  direct  for  either  of  you  till  last  night. 

to  Solicitor-General  Dundas. 


Arniston,  Oct.  I,  1745. 

Dear  Robie, — I  came  from  your  house  ^  yesterday,  where  I  left 
my  Lady  Carmichael  a  little  frighted,  but  M"  Baillie  well  and  quite 
composed,  really  not  more  concern  on  her  spirits  than  any  rational 
man  has,  when  his  country  is  the  scene  of  war,  nor  do  I  believe 
she  will  be  easily  cast  down  now  that  you  are  free  from  danger. 
.  .  .  M"^  Baillie  delivered  me  your  message,  and  I  spoke  to 
J.  Fleming-  to  put  the  hounds  all  out  to  the  tenants,  for  I  thought 
they  would  be  better  there  than  in  the  kennel;  and  you  may 
believe  we  will  have  very  small  joy  in  iumting  when  you  are 
absent. 

I  sincerely  wish  you  well,  and  that  God  may  bless  you  and 
preserve  you. — Yours,  Adieu. 

No  harm  was  done  to  Arniston  by  the  rebels ;  and  the 
Solicitor-Generars  wife  seems  to  liave  remained  safely  at 
Ormiston  Hall,  his  country  residence  at  that  time.  "Mrs. 
Baillie,*"  writes  an  anonymous  correspondent,  "  is  surprisingly 
easy  and  composed  amidst  the  flying  parties  which  have  gone 
round  about  your  house.'** 

1  During  his  father's  lifetime  Mr.  Dundas  lived  frequently  at  Ormiston  Hall, 
about  twelve  miles  from  Edinburgh.  *  The  factor. 


134  ARNISTON  MEMOIRS.  [1745. 


Andrew  Mitchell  Io  Solicitor-General  Dundas. 

Whitehall,  28///  Septr.  1745. 
As  my  Lord  Advocate  will  forthwith  set  out  for  London,  my 
Lord  Marquis  leaves  it  entirely  to  you  to  determine  whether  you 
will  remain  in  the  north,  or  come  here  ;  but  I  cannot  help  on 
this  occasion  offering  you  my  opinion,  that  you  should  continue 
for  some  time  either  at  Berwick  or  Newcastle,  in  order  to  carry 
on  the  correspondence  with  Scotland,  which  at  this  time  may  be 
of  the  greatest  service  to  the  public,  and  I  shall  advise  you  from 
time  to  time  of  what  is  passing  here. 

Oct.  yi.  1745. 
The    Marquis    of  Tweedale    requests    Mr.    D.    to    remain    at 
Berwick   or  its    neighbourhood,  for   the    purpose   of  forwarding 
intelligence  to  Gov*. 

After  this  Dundas  remained  at  Berwick  till  November. 
One  Robert  Mackintosh  sends  him  a  short  journal,  which  may 
be  given  as  a  specimen  of  the  shape  in  which  information  was 
frequently  conveyed  to  the  Government. 

Journal. 

7th  Nov. — From  Berwick  to  Dunbar.  4  miles  to  East  Dunbar, 
met  a  man  passing  off  the  way.  Called  on  him,  and  he  ran  into 
a  village,  'twixt  the  road  and  the  sea,  and  was  informed  by 
another  man  that  talked  w  ith  him  that  he  appeared  to  him  to 
be  a  spy.  Heard  from  a  clergyman  at  Dunbar  that  advice  had 
come  from  the  Fife  side  to  Admiral  Byng  of  3000  troops,  mostly 
Irish,  were  embarked  at  Ostend,  bound  for  the  harbours  of 
Montrose  or  Stonhyve. 

8th  Nov.,  Edin'^. — Arrived  here  and  found  all  peaceable.  But 
that  last  night  Ro.  Clark,  vintner,  and  some  others  in  liquor,  walking 
the  streets,  insulted  the  City  Guard,  upon  which  a  scuffle  ensued, 
and  Clark's  leg  was  broke.  It 's  given  out  here,  from  different 
hands,  that  last  night  3000  Highlanders,  viz..  Erasers,  &c.,  from 
the  north,  passed  above  Stirling  to  join  the  rebels  (this  fact  is 
doubtful),  and  it 's  said  that  the  '500  men  that  were  reported  as 
having  deserted,  are  gone  upon  a  secret  expedition.  A  letter 
from  a  merchant  in  Lanark  to  his  correspondent  here  mentions 


1745]  PROCJKKSS  OF  'IHK  HHHKLLION.  1S5 

that  the  Highlanders  are  passing  there  in  numbers  of  ten  to 
fifteen  in  company,  and  enriching  the  country  with  arms  of  the 
best  kind,  which  they  sell  for  what's  next  to  nothing.  It's 
reported  from  good  hands,  that  the  Highland  army,  as  they 
marched  from  Kdin^,  Dalkeith,  &c.,  did  not  exceed  7000  in  all, 
and  that  they  had  thirteen  piece  of  canon.  That,  upon  search 
made,  more  of  the  silver  plate,  &c.,  in  Col.  Gardner's  house  were 
found  in  the  house  of  one  M'*Laehlan  in  the  Writer's  Court. 


Despatch  (anonymous)  to  Mr.  Dundas. 

Edinr.,  Sat.,  A'ffvr.  g//i. 
.  .  .  All  accounts,  from  very  different  places  in  the  countr}', 
bear  that  the  Highlanders  are  deserting  in  great  numbers;  some- 
times 30  or  40  go  off  together.  Several  letters  have  been  inter- 
cepted from  Lewis  Gordon,  brother  to  the  Duke,  directed  to  the 
Duke  of  Perth,  John  Murray,  &c.  These  letters  are  now  in  the 
castle.  I  read  two  of  the  originals,  the  one  directed  to  the  said 
Duke,  the  other  to  the  said  Murray.  They  are  dated  Huntly 
Castle,  October  28th,  and  bear  that  he  finds  the  people  in  general 
extremely  averse  to  take  up  arms  in  support  of  the  Prince,  and 
that  force  is  absolutely  necessary .  This  he  says  is  entirely  owing 
to  the  vile  Presbyterian  Ministers,  who  instil  into  the  people's 
minds  false  and  foolish  notions,  and  speak  disrespectfully  of  the 
Prince  and  his  abettors,  but  adds  that  he  hopes  to  prevent  their 
future  influence,  as  he  has  sent  a  written  order  to  those  of  them 
who  are  under  his  jurisdiction,  requiring  them  not  to  preach  in 
their  present  strain,  otherways  they  shall  be  forthwith  punished 
as  the  law  directs.  He  speaks  of  his  having  formed  a  design  to 
take  the  President  prisoner,  but  was  disuaded  from  the  attempt 
by  General  Gordon,  an  old  man  who  married  Sir  Thomas  Mon- 
crief  s  daughter,  as  a  thing  impracticable,  in  regard  that  200  of 
the  Erasers,  having  attacked  the  President's  house,i  were  repulsed 
with  considerable  loss.  He  begs  that  General  Gordon's  name 
may  not  be  mentioned,  as  he  does  not  choose  to  appear  publicly. 
The  letter  concludes  with  promises  that  he,  Lewis  Gordon,  will 
do  all  in  his  power  to  support  the  glorious  cause,  and  an  account 
of  the  Lady  Aberdeen's  safe  delivery  of  a  son,  who  is  now  named 
Charles.  .  .  .  This  comes  from  the  gentleman  who  parted  with 
you  yesterday  at  Berwick,  before  you  got  out  of  bed." 


»  Culloden. 


136  ARNISTON  MEMOIRS.  [1745. 

About  the  12tli  of  November  Dundas  returned  to  Edin- 
burgh. The  royal  forces  under  General  Handasyd  were  now 
approaching  the  city.  On  tlie  13th  the  General  writes  from 
Haddington :  "  Here  I  am,  but  much  fatigued.  Not  being 
certain  that  the  rebels  were  at  Carlisle  till  Monday  night  at 
ten,  it  was  twelve  next  day  before  I  could  leave  Berwick.  A 
worse  march  I  never  liad.  Pray  make  my  quartering  in  the 
town  easy  for  seven  hundred  horse,  and  fifteen  hundred  foot.  I 
assure  you  we  are  so  many.     Almost  dead  with  cold.     Adieu.'^ 

Mr.  Mitchell,  though  still  in  a  state  of  great  anxiety,  finds 
time  to  say  :  "  Pray  desire  any  of  your  friends  wlio  have  been  in 
Edinburgh  during  the  Highland  Government,  to  write  a  detail 
of  what  passed,  their  reception,  manner  of  living,  and  convers- 
ing, the  P."*s  intrigues,  hon  jnots,  and  trifling  incidents." 

Very  little  trustworthy  information  regarding  the  move- 
ments of  the  rebel  army  reached  either  London  or  Edinburgh 
until  it  was  known  that,  on  the  4th  of  December,  the  young- 
Pretender  had  entered  Derby.  The  news  reached  London  on 
the  6th,  Black  Friday,  as  it  was  called,  and  all  was  panic.  "  It 
is  difficult  to  conceive,'"*  Mitchell  writes  to  Dundas,  "  how  few 
behaved  like  men.""*  But  on  that  very  day  the  Highlanders 
were  in  full  retreat  to  the  north,  and  the  invasion  of  England 
was  at  an  end. 

The  year  closed  with  brighter  prospects  than  had  lately 
seemed  possible  ;  but  all  danger  was  not  over.  "  I  am  glad,"' 
Mr.  Mitchell  writes  on  the  31st  of  December,  "  that  the  city 

Edinburgh  has  had  even  a  short  reprieve  from  the  fury  of 
the  rebels,  for  till  the  King's  army  has  entered  Scotland,  I  will 
not  call  it  a  deliverance.'' 

In  the  meantime  the  Marquis  of  Tweeddale  had  made  uj) 
liis  mind  to  resign  the  office  of  Secretary  of  State  for  Scotland. 
The  jealousy  between  Lord  Granville,  the  King's  favourite,  and 
Mr.  Pelham,  had  not  been  diminished  by  the  dangers  of  the 
Rebellion  ;  in  fact,  they  seem  to  have  regarded  the  country's 
extremity  as  their  opportunity  for  bringing  matters  to  a  crisis. 
Lord  Tweeddale,  as  a  member  of  the  Granville  faction,  had  for 
some  time  found  his  position  becoming  more  and  more  un- 
comfortable, and  he  resolved  to  retire.  In  his  letter  to  Dundas 
of  the  31st  December,  Mr.  Mitchell  says  :  "  My  Lord  Marquis 
has  allowed  me  to  communicate  to  you  only  that  he  intends  to 


1746]         LORD  TWEEDDALE'S  RESIGNATION.  137 

resign  the  seals  on  next  Saturday.  This  I  know  you  will  not 
mention  ;  and  I  am  sure  the  news  will  neither  surprise  nor  dis- 
})lease  you.  For  my  own  part,  and  after -what  I  liave  seen  and 
suffered,  the  wonder  is  how  he  has  had  the  j)atience  to  kee]) 
them  so  lon<r.^^  In  a  few  days  the  resignation  was  publicly 
known. 

Andrew  Mitchell  to  Solicitor-General  Dundas. 

Whitehall,  2d  Jan.  1745-6. 
Dear  Sir, — .  .  .  The  affair  of  my  Lord's  resigning  is  now 
pubhcly  talked  of,  and  he  will  deliver  the  seals  next  Saturday.  I 
am  sensible  people  will  be  divided  in  opinion  about  this  step,  but 
I  think  his  Lordship  would  not  do  it  without  good  reasons.  Your 
own  situation  will  make  you  sensible  how  disagreeable  it  is  to  act 
where  there  is  not  a  perfect  harmony,  and  a  thorough  trust  in 
those  you  are  concerned  with,  and  the  consequence  of  want  of 
communication  and  confidence  in  a  higher  office  is  still  attended 
with  greater  inconveniences  and  dangers.  Whether  the  manner 
of  giving  up,  and  the  time  of  it,  be  as  friends  would  wish,  I  shall, 
when  I  am  better  instructed,  inform  you  more  particularly.  In 
the  meantime,  give  me  leave  to  offer  my  opinion  with  regard  to 
yourself,  which  is,  that  you  should  continue  to  act,  as  the  public 
may  suffer  by  your  declining,  and  at  this  time  an  imputation  of 
disaffection  may  be  thrown  out  against  you  for  not  doing  the 
duty  of  an  officer,  who,  at  this  juncture,  may  be  extremely  neces- 
sary and  useful  to  the  King's  service.  I  do  not  mean  by  this  that 
you  should  continue  in  an  office  that  cannot  fail  to  be  disagree- 
able to  you,  but  only  that  you  should  not  resign  immediately,  so 
as  to  to  put  it  in  the  power  of  enemies  to  say  that  you  have  dis- 
tressed them  at  a  critical  time.  My  reason  for  this  is  that,  as 
your  office  does  not  depend  on  the  Marquis,  but  on  his  Majesty 
directly,  his  giving  up  will  not  justify  you.  Besides,  as  you  have 
taken  great  pains  to  enquire  about  the  authors  and  abettors  of  this 
rebellion,  your  withdrawing  at  present  may  afford  a  pretence  of 
letting  people  slip  for  want  of  evidence,  and  laying  the  blame,  you 
know  where.  The  friendship  that  has  long,  and  I  hope  ever 
will,  subsist  between  us,  must  be  my  apology  for  this  freedom, 
which  I  hope  you  will  receive  as  I  intend,  being  my  own  opinion 
only.  I  have  not  seen  the  Advocate  since  my  Lord  took  his 
resolution  ;  when  I  have  talked  with  him,  I  shall  write  you  what 
passes  between  us. 


138  ARNISTON  MEMOIRS.  [1746. 


Andrew  Mitchell  to  Solicitor-General  Dundas. 

Whitehall,  /[Jajt.  1746. 

Dear  Sir, — As  I  wrote  fully  by  last  post,  I  have  now  little  to 
add.     My  Lord  Marquis  this  day  resigned  the  seals,  and  I  hope  his 

Lordship  then  took  the  opportunity  of  explaining  to  1    his 

motives.  I  find  this  step  has  occasioned  great  variety  of  opinion  ; 
many  disapprove  of  it  as  rash  and  ill  timed.  What  may  be  in 
that  you  shall  afterwards  be  informed. 

When  I  wrote  last  you  will  believe,  notwithstanding  the  length 
of  my  letter,  that  I  was  much  hurried.  I  have  since  reflected  on  what 
I  said,  and  I  am  confirmed  in  opinion  that  it  will  be  highly  improper 
for  you  to  resign  at  least  till  affairs  are  settled,  and  those  finished 
which  you  have  begun.  There  is  this  material  difference  between 
you  and  our  friend  here  that  his  office  obliged  him  to  move  and 
give  advice,  and  even  right  things  from  him  were  ill  received,  so 
that  his  country  must  suffer  if  he  continued.  But  your  case  is 
different.  Nothing  can  be  required  or  expected  of  you  but  w  hat  is 
strictly  legal  and  in  the  sphere  of  your  employment.  I  may  add 
as  an  additional  argument  that  the  Advocate,  whom  I  saw  this 
morning,  is  resolved  to  act  till  he  shall  be  laid  aside,  and  he 
promised  to  write  to  you  by  this  post. — I  am  most  sincerely  yours, 

A.  M. 


Lord  Advocate  Craigie  to  Solicitor-General  ]3undas. 

London,  \Jau.  1746. 
What  determined  the  M.^  to  take  this  resolution  is  not  proper 
for  me  to  write,  much  less  to  give  my  opinion  on  the  propriety  or 
expediency  of  his  taking  it,  especially  at  this  critical  juncture. 
His  friends  are  of  different  opinions.  But  thus  far  I  dare 
adventure  to  say  that  every  reason  of  the  Marquis's  resignation 
at  this  time  is  against  your  or  my  copying  his  example  ...  If 
his  Majesty  shall  be  advised  to  dismiss  us  either  now  or  when 
the  rebellion  is  over,  possibly  that  may  be  best  for  us,  and  most 
desirable  ;  but  I  cannot  advise  a  desertion. 

When   the   Solicitor-Generars  father,   okl   Lord    Arniston, 
heard  of  the  resignation  of  Lord  Tweeddale,  he  at  once  wrote  to 


^  The  King.  -  Lord  Tweeddale. 


1746]  RESIGNATION  OF  THE  SOLICITOU-GENKRAL.  \:i9 

his  son  expressing  the  opinion  that  nohmiy  else  should  resign, 
"because  resigning  may  shock  the  King,  and  we  have  always 
heltl  it  a  medium  in  politics  never  to  make  war  with  the  King 
whatever  we  do  with  his  ministers."'''  He  adds,  with  a  freeilom 
of  ex})ression  not  usual  in  those  days,  when  letters  were  liable  to 
he  opened  at  the  })ost-office,  "  While  you  are  in  office  it  's  your 
duty  to  correspond  with  some  of  the  ministers,  and  'tis  my 
humble  opinion  you  direct  your  letters  to  my  Ix)rd  Harrington, 
not  to  that  brute  the  Duke  of  NeTce(Usth'r 

But  Dundas  had  njade  up  his  mind  to  resign,  and  told  his 
father  so.  The  old  gentleman  wjis  indignant,  and  wrote  his 
son  a  letter  full  of  the  most  astute  maxims. 


Lord  Arniston  to  his  Son,  tmk  Soi.h  itor-General. 

Stockton,  yaw.  12,  1746. 
Son, —  ...  I  hope  you  will  think  over  the  matter  again  before 
resigning,  notwithstanding  what  ill  usage  or  discouragement  you 
may  have  met  with.  Some  of  many  reasons  I  have  against  your 
resigning  are ;  in  the  first  place,  since  the  Duke  ^  is  to  all 
appearance  coming  to  Scotland  to  command,  and  is,  I  hope,  by 
this  time  set  out  on  the  road,  your  station  and  office  must  give  you 
frequent  opportunities  of  waiting  upon  him  and  forming  an 
acquaintance ;  and  whether  you  may  not  get  the  better  of  some 
other  people,  whose  patron  he  does  not  much  favour,  is  at  least  an 
equal  chance,  and  the  rather,  considering  the  company  that  are  to 
attend  him,  Duke  of  Montrose,  Duke  of  Queensberry,  and  Earl  of 
Rothes.  Now,  I  don't  think  any  advantage  can  attend  your 
resignation  just  now,  equal  to  what  may  arise  from  this  opportunity 
and  acquaintance.  At  least  I  should  think  this  single  incident 
sufficient  reason  for  delaying  your  resignation  two  months.  In  the 
next  place,  I  know  the  King's  temper  pretty  well  on  this  point. 
There  is  nothing  he  takes  more  amiss  than  resigning  upon  pretence, 
or  reality,  of  disobligation  or  ill  usage  from  his  other  servants. 
His  way  of  thinking  and  speaking  is  that  all  his  servants  ought  to 
have  their  eye  to  him,  and  that  if  one  suffer  wrong  from  another, 
he  ought  to  find  his  own  way  of  making  his  grievance  known  to 
him,  and  not  to  throw  up,  or,  as  he  calls  it,  "  refuse  to  serve  him," 
because  they  are  not  pleased  with  one  another;  and,  indeed,  the 
doing  so  is  a  sort  of  injury  to  him,  which  he  scarce  ever  forgets. 

^  Duke  of  Cumberland. 


140  ARNISTON  MEMOIRS.  [1746. 

Now,  I  believe,  it  is  a  maxim  amongst  all  good  politicians,  that  how 
ever  much  they  may  be  disobliged  at  one  another,  yea,  tho'  secretly 
they  should  be  disobliged  at  the  King  himself,  they  are  never  to 
show  it,  if  they  don't  resolve  to  incapacitate  themselves  from  serving 
their  King  and  country  for  that  King's  reign  at  least,  which  is  a 
situation  in  which  no  man  at  your  age  should  put  himself. 

In  the  third  place,  resigning  at  this  time  is  plainly  giving  a 
great  victory  to  those  who  may  be  your  enemies.  When  a  man  is 
laid  aside  in  the  course  of  a  change  at  Court,  that  is  the  effect  of 
the  King's  pleasure  and  of  the  other  side's  influence  there,  which 
is  thought  nothing  of,  but  ofttimes  does  a  man  honour,  gains  him 
more  friends,  and  perhaps  puts  him  in  the  way  of  making  a  better 
figure  than  before  without  the  King's  displeasure.  But  where 
people  make  a  man  so  uneasy  as  to  make  him  throw  up  from 
resentment,  it  is  they  that  get  the  triumph.  It  is  their  deed  and 
not  the  King's,  for  which  they  take  the  glory  to  themselves. 

In  the  fourth  place,  whatever  you  may  write  or  say  with 
truth,  as  to  your  reasons  of  resigning,  your  taking  this  nick  of 
time,  immediately  upon  Tweedale's  resigning,  and  also  in  the 
midst  of  so  hot  a  rebellion,  will  give  those  who  like  to  do  it  the 
strongest  opportunity  for  misrepresenting  you  to  the  King,  and  to 
all  the  ministers,  in  as  bad  lights  as  they  please.  They  can  paint 
you  as  a  bigotted  party  man,  yea,  as  one  disaffected  ;  that  you  give 
up  at  this  time,  both  to  put  matters  into  confusion,  and  to  with- 
draw your  service  when  the  Government  most  wants  it.  They  may 
go  so  far  as  to  say,  that  at  bottom  it  shows  your  inclination  to 
another  when  you  withdraw  your  hand  from  the  plough  in  labour- 
ing time;  and  such  prejudices  will  not  be  removed,  however 
falsely  impressed,  by  all  your  assurances  to  the  contrary  .  .  . 
Indeed,  to  conclude,  I  do  not  think  resigning  can  be  at  all  approved 
of  in  a  time  of  such  distress  and  danger.  If  they  say  they  have 
no  use  for  your  service,  and  so  throw  you  aside,  why  not  ?  But  I 
would  not  have  you  refuse  to  serve  till  the  rebellion  is  at  an 
end.  When  that  is  over  then  you  may  do  what  you  will.  It  may 
then  be  a  time  to  show  resentments,  and  then  time  to  shun  what 
may  come  to  be  a  disagreeable  work.  But  now  I  don't  think  it  a 
time  at  all  to  resign. — Farewell.      Yours,  Ro.  Dundas. 

In  spite  of  his  father's  objections,  Dundas  resigned  his 
office  of  Solicitor-General,  giving  as  his  reason  the  heavy 
nature  of  his  duties ;  and  his  resignation  was  at  once  accepted. 
His  real  reason  was  the  difficulty  he  found  in  holding  his  own 


1746]  UKSIGNATION  OF  THE  SOLICITOR-GENERAL.   141 

against  the  Lord  Justice-Clerk,  wlio,  it  appears,  did  not  treat 
him  with  sufficient  confidence,  and  was,  therefore,  constantly 
putting  him  in  a  false  position.  I>ord  Arniston  was  much 
amioyed,  and  wrote  his  son  a  long  and  angry  letter,  in  which 
he  declared  that  "provocations  from  the  L.  J.  C}  I  never 
would  have  minded  one  figg  ...  as  I  now  know  that  neither 
his  impudence  nor  his  J)atron^s  high  power  could  have  been 
able  to  turn  out  one  man,  I  mean  either  the  Advocate  or  you. 
I  must  own,  vour  so  obstinate  resolution,  notwithstanding,  has 
given  and  does  give  me  very  great  vexation.  .  .  .  Vou  have 
by  this  step  established  for  ever  the  power  of  the  very  man 
that  I  believe  you  and  I  abominate.^'' 

Lord  Advocate  Craigie  to  Mn.  Dundas,  late  Solicitor-General. 

London,  \tth  Jany.  1746. 
Dear  Robin, — I  have  yours  of  the  9th  with  the  unpleasant 
account  of  your  having  resigned  your  office.  It  is  too  late  for  me 
to  complain  or  to  insinuate  that  the  reasons  of  your  conduct  are 
insufficient.  At  the  same  time  I  cannot  help  wishing  that  in  a 
matter  so  delicate  you  had  waited  until  you  could  have  had  your 
father's  opinion.  I  shall  only  add  that  I  congratulate  you  on  the 
quiet  and  ease  you  '11  now  enjoy.  You  '11  have  vacation  till  June, 
and  I  hope  the  disturbers  of  our  quiet  are  got  so  far  north  as  to 
leave  you  and  your  concerns  free  of  any  apprehensions  of  danger. 
I  am  still  in  the  storm,  and  so  is  my  little  family,  and  God  only 
knows  how  I  shall  ride  it  out,  and  when  it  will  be  over  with  me. 

President  Forbes  to  Mr.  Dundas,  late  Solicitor-General. 

CuLLODEN,  26th  Jan.  1746. 
My  dear  Robin, — I  have  yours  of  the  l6th,  which  gives  me  no 
small  uneasiness.  I  can,  without  much  auguring,  see  that  your 
situation  was  difficult.  But  at  a  season  such  as  this,  a  man  must 
bear  and  rub  them,  those  difficulties,  as  well  as  they  can.  I  know- 
how  painful  it  is  to  bear  the  insolence  of  office ;  and  I  know  you 
too  well,  to  think  that  you  would  choose  to  submit  to  it,  in  a 
season  of  calm  and  tranquility.  But  there  is  somewhat  in  our 
present  situation  that  makes  me  wish  you  had  tugged  a  little 
longer  at  the  oar,  because  the  step  you  have  taken  may  give  your 
enemies  an  opportunity,  not  only  to  misrepresent  you,  but  to  lay 

*  Lord  Justice-Clerk  (Fletcher  of  Milton). 


142  ARNISTON  MEMOIRS.  [1746. 

your  act  to  the  account  of  your  friends.  Arniston  (for  whose 
recovery  I  heartily  rejoice)  certainly  advised  right ;  and  I  sin- 
cerely wish  for  many  reasons  you  had  drudged  on,  till  I  might 
have  had  the  good  fortune  to  see  you.  There  is,  however,  now 
no  help  for  it,  and  I  am  convinced  you  will  forgive  me,  for  telling 
you  my  sentiments  freely.  .  .  . — I  am,  my  dear  Robin,  affection- 
ately yours,  Duncan  Forbes. 

Lord  Advocate  Craigie  to  Dundas. 

London,  Feb.  lUh,  1746. 
Dear  Sir, —  ...  I  don't  know  if  you  have  advice  of  the  revolu- 
tion in  our  Administration  that  happened  yesterday,  and  is  still 
going  on  to  the  surprise  of  most  people.  The  Duke  of  Newcastle 
and  Lord  Harrington  resigned  the  seals,  upon  what  occasion  I 
believe  is  not  publicly  known ;  and  in  the  afternoon  his  Majesty 
sent  for  E.  Granville,  and  gave  him  the  seals.  This  morning  Mr. 
Pelham  resigned  as  Chancellor  of  the  Exchequer,  L.  Gower  as 
Privy  seal,  D.  of  Bedford  as  First  Commissioner  of  the  Admiralty, 
E.  Pembroke  as  Groom  of  the  Stole.  The  Chancellor  resigns  on 
Thursday,  as  to-morrow  is  the  first  day  of  the  term.  How  many 
more  resign  is  uncertain,  or  who  are  to  be  successors.  E.  Bath 
succeeds  Mr.  Pelham.  They  say  D.  of  Argyll  resigns ;  but 
whether  he  does  or  not,  he  has  for  once  lost  his  power. — Yours, 

Rob.  Craigie. 

This  letter  alludes  to  an  event  which  took  place  at  the 
beginning  of  February  1746,  and  which  is  described  by  Lord 
Mahon  as  "  a  short  but  singular  ministerial  revolution."" 

"The  Royal  favour  had  been,"  says  Lord  Mahon,  "for  some 
time  engrossed  by  Lord  Granville  (Carteret)  ;  the  Pelham  brothers 
found  themselves  treated  with  coldness  and  reserve,  and  appre- 
hended that  in  carrying  the  supplies  this  winter  they  would  only  be 
paving  the  way  for  their  own  dismissal  at  the  end  of  the  session.  To 
them  the  unquelled  rebellion  appeared,  not  as  a  motive  of  forbear- 
ance, but  only  as  a  favourable  opportunity  for  pushing  their  preten- 
sions. They  determined,  therefore,  to  bring  the  question  to  an  issue, 
and  to  concentrate  their  demands  on  one  point — an  office  for  Pitt 
— to  whom  they  were  bound  by  their  promises,  and  still  more  by 
their  fears.  The  king,  however,  steadily  refused  his  assent  to  this 
arrangement.  ...  A  resignation  was  now  resolved  upon  by  nearly 


1746.]  MINISTERIAL  CRISIS.  liii 

all  the  ministers.  In  this  aff'air  the  Pelhams  prudently  shrunk 
from  the  front  ranks  ;  the  van  therefore  was  led  by  Harrington, 
he  bein^  the  first,  on  the  lOth  Feb.,  to  frWc  up  the  seals,  and  thus 
drawing  on  himself  the  Kind's  especial  and  lasting  resentment. 
He  was  followed  on  the  same  day  by  the  Duke  of  Newcastle,  on 
the  next  by  Mr.  Pelham.  .  .  .  His  Majesty  immediately  sent  the 
two  seals  of  Secretaries  of  State  to  Lord  CJranville  (who  was  indis- 
posed) that  he  and  Lord  Bath  might  form  an  administration  as 
they  pleased.  .  .  .  After  various  offers  and  repeated  refusals,  this 
ministry  of  forty  hours  was  dissolved,  and  Ix)rd  Bath  announced 
its  failure  to  the  King.  .  .  .  His  Majesty  had  no  other  choice 
than  to  reinstate  his  former  servants,  and  admit  whatever  terms 
they  now  required.  It  was  agreed  to  dismiss  from  place  the  re- 
maining adherents  of  Bath  and  Granville,  amongst  others,  the 
Marquis  of  Tweeddale,  whose  office  as  Secretary  for  Scotland  was 
again  abolished." 

Craigie  resigned  before  the  end  of  February,  and  was  suc- 
ceeded, as  Lord  Advocate,  by  William  Grant  of  Prestongrange. 
Dundas  was  succeeded,  as  Solicitor-General,  by  Patrick  Hal- 
dane  and  Alexander  Home,  who  held  the  office  jointly.  No 
new  Secretary  of  State  for  Scotland  was  appointed  in  place 
of  Lord  Tweeddale.  And  thus,  long  before  April  came,  with  the 
final  defeat  of  the  Pretender  at  Culloden,  a  sweeping  change 
had  been  made  among  the  persons  on  whom  had  fallen  the 
burden  of  maintaining  the  royal  cause  during  the  early  days 
of  the  Rebellion. 


CHAPTER   IX. 

THE  SECOND  PRESIDENT  DUNDAS — continued. 

After  the  close  of  the  Kebellion,  Dundas  attended 
assiduously  to  his  practice  at  the  bar,  to  which,  as  he  no 
longer  held  office,  he  was  able  to  devote  his  full  attention. 

Old  Lord  Arniston's  health  had  been  failing  for  some  time. 
He  suffered  much  from  gout ;  but  his  intellect  was  still  robust. 
The  long  letters  which  he  wrote  to  his  son,  and  particularly 
those  in  which  he  remonstrated  with  him  for  resigning  the 
office  of  Solicitor-General,  are  full  of  acute  reasoning,  though 
couched  in  somewhat  violent  language. 

During  the  Rebellion  he  was  compelled,  by  an  attack  of 
gout,  to  leave  Scotland  for  some  time,  and  journeyed  about, 
staying,  among  other  places,  at  Stockton,  Darlington,  and  Mor- 
peth. When  he  returned  home  he  was,  evidently,  suffering  from 
low  spirits,  and  his  wife  ^  found  him  very  difficult  to  deal  with. 
In  one  letter  to  her  stepson,  Mrs.  Dundas  describes  how  im- 
possible she  found  it  to  induce  the  old  gentleman  to  look  into 
the  state  of  his  family  affairs.  When  she  pressed  him  on  the 
subject  he  "  shows  the  greatest  signs  of  grief  and  perplexity, 
and  wishes  he  were  dead.^"*  At  last  he  resolved  to  retire  from 
the  bench ;  ^  a  resolution  which  nearly  ended  the  brilliant 
career  of  his  son,  and  which  might,  by  destroying  the  influence 
of  his  family,  have  materially  changed  the  course  of  Scottish 
political  history.  For  Dundas  declared  that  if  his  father  left 
the  bench  he  would  leave  the  bar,  and  retire  into  private  life. 
The  following  letter  explains  how  he  was  induced  to  remain  in 
office :  — 


1  Anne  Gordon,  Lord  Arniston's  second  wife.  '^  Supra,  p.  99. 


I750.]    THE  REPRESENTATION  OF  LANARKSHIRE.    145 

Mrs.  Dun  das  (u  livr  Stepson.^ 

Dear  Roby, — When  I  came  home  last  night,  as  I  found  your 
father  in  a  disposition  to  hear  me,  I  entered  on  the  subject  you 
spoke  to  me  of.  I  repeated  all  the  arguments  I  could  recollect 
against  resigning,  and  concluded  with  assuring  (him)  that  if  he  did 
throw  off  one  gown,  you  would  throw  off  the  other ;  that  the 
trifling  gains  you  acquired  were  no  inducement  to  you  to  slave  in 
the  manner  you  now  do,  but  the  hopes  you  had  of  being  able, 
some  time,  to  raise  yourself  into  a  station  where  you  might  be 
more  useful  in  the  world ;  that  if  he  resigned  all  that  was  at  an 
end.  You  was  sure  of  being  run  down.  He  was  impatient  to  let 
me  finish  what  I  had  more  to  say,  and,  stretching  out  his  hand, — 
"  You  need  say  no  more.  If  my  Roby  thinks  it  would  hurt  him 
that  I  should  resign,  I  will  never  do  it.  Let  me  bear  affronts, 
contempt,  &c.  I  never  will  be  a  hindrance  to  the  views  of  a  son 
I  so  much  esteem  as  well  as  love."  I  thought  it  would  be  a 
pleasure  to  you  to  know  this ;  and  that  makes  me  give  you  this 
early  disturbance. — I  am  ever  yours. 

Thursday  Morning. 
P.S. — If  you  will  send  us  Lord  Lovat's  trial,  I  should  take  great 
care  of  it  and  thank  you,  for  your  father  grudges  to  buy  one  of 
them. 

We  have  already  seen  how  the  death  of  Lord  President 
Forbes,  in  December  1747,  put  an  end  to  all  Lord  Arniston's 
ideas  of  leaving  the  bench,  and  how  he  not  only  secured  for 
himself  the  vacant  chair,  but  had  the  satisfaction  of  seeing 
Lord  Justice-Clerk  Fletcher — "  that  puppy,''  as  he  used  to  call 
him — thrust  aside  in  the  course  of  the  intrigues  which  led 
to  his  own  elevation.^ 

In  1750  Dundas  was  urged  to  offer  himself  for  the  vacancy 
in  the  representation  of  Lanarkshire,  caused  by  the  death  of 
Sir  J.  Hamilton.  His  wife.  Miss  Baillie,  was  a  Lanarkshire 
heiress,  and  it  was  thought  that  he  would  be  a  strong  candidate 
in  the  Whig  interest.  He  declined,  however,  as  will  be  seen 
from  the  following  letters,  from  unwillingness  to  enter  Parlia- 
ment at  that  particular  time,  and  also  from  a  feeling  of  doubt 
as  to  whether  he  would  receive  the  support  of  the  Govern- 
ment : — 

^  No  date  ;  probably  in  April  or  May  1747.  *  Supra,  p.  103. 

K 


146  ARNISTON  MExMOIRS.  [1750. 


Mr.  Dundas  io  the  Hon.  Charles  Hope  Weir.i 

March  25,  1750. 
Dear  Charles, — As  the  death  of  Sir  James  Hamilton  is  now 
beyond  doubt,  and  as  I  am  persuaded  that  you  and  I  agree 
entirely  in  our  sentiments  of  the  politicks  of  that  county,  a  letter 
from  me  on  that  subject  needs  no  apology.  My  great  and  indeed 
only  view  is  that  we  should  if  possible  send  a  proper  representa- 
tive in  his  place  to  Parliament.  It  is  some  time  since  I  disengaged 
myself  from  what  I  will  be  allowed  to  call  these  low  schemes  of 
politicks,  which,  to  my  grief,  I  have  too  much  seen  prevail  in  this 
country.  But  the  great  and  fundamental  scheme  of  Whig  and 
Torie  I  will  never  divest  myself  of,  since  at  all  times  I  shall  use 
my  utmost  endeavours  to  countenance  the  one  and  discourage 
the  other.  I  therefore  make  no  doubt  you  will  concur  with  me 
in  following  it  out.  I  had  a  message  from  one  gentleman  assuring 
your  humble  servant  that  if  I  had  any  view  to  Parliament  he 
would  endeavour  to  make  the  matter  easy.  But  you  know  I 
have  long  preferred  quietness  to  politicks,  which  makes  me 
have  no  inclination  that  way.  However,  I  gave  for  answer  that 
I  wished  no  hasty  resolution  to  be  taken  until  there  was  a  general 
meeting  of  the  county,  when  we  might  all  consider  of  a  proper 
person. 

Hon.  Charles  Hope  Weir  to  Lord  Hopetoun.^ 

London,  March  20,  1750. 
Within  these  few  days  we  have  lost  our  member  for  Clydesdale 
by  the  death  of  Sir  James  Hamilton.  M'^  Pelham  sent  for  me 
yesterday  morning  to  ask  me  about  the  situation  of  that  county, 
and  who  might  be  a  proper  man  to  propose  there.  I  told  him 
(as  it  appeared  to  me)  that  if  the  person  would  think  of  it  himself, 
the  most  proper  man  would  be  our  friend  Robin  Dundas,  and 
who  I  believe  would  be  acceptable  to  all  the  friends  of  the 
Government  in  that  shire ;  (and  I  really  think  in  the  present 
situation  of  the  shire  the  friends  of  the  Government,  I  mean  the 

1  Hon.  Charles  Hope  Weir,  third  son  of  the  first  Earl  of  Hopetoun  by  Lady 
Henrietta  Johnstone,  daughter  of  the  first  Marquis  of  Annandale.  On  the  death 
of  his  uncle,  the  second  Marquis  of  Annandale,  Mr.  Hope  succeeded  to  the  estate 
of  Craigiehall,  in  West  Lothian.  He  married  the  daughter  and  heiress  of  Sir 
W.  Weir  of  Blackwood,  in  Lanarkshire.     He  was  M.  P.  for  West  Lothian. 

*  John,  second  Earl  of  Hopetoun. 


I750.]  DUNDAS  DFXLINKS  TO  STAND.  147 

Whig  interest,  should  and  may  make  the  member).  Next  to  him 
I  proposed  John  Lockhart  of  Castlehill.  But  I  was  still  doubtful 
how  far  either  of  these  gentlemen  would  be  persuaded  to  come 
into  Parliament,  but  that  I  was  persuaded  they  would  agree  with 
me  in  supporting  any  man  that  should  be  proposed  for  the  county 
upon  a  Whig  interest,  rather  than  let  anybody  come  in  on  a 
contrary  one.  He  said  any  friend  to  the  Government  would  be 
acceptable  to  him,  particularly  a  man  of  M*"  Dundas's  character, 
and  wished  we  might  all  unite  in  support  of  the  Whig  interest, 
which  surely  is  the  natural  one  in  the  county.  I  promised  to 
inform  myself  as  soon  as  possible  how  matters  stood,  as  if  either 
our  friend  Robin  or  John  Lockhart  will  think  of  it,  to  go  down 
immediately  and  lend  any  poor  help  I  could  towards  this  scheme. 
I  would  have  wrote  to  M*^  Dundas  himself,  but  as  I  don't  know 
whether  he  may  be  in  the  east  or  west  country,  and  that  possibly 
you  may  before  now  know  his  opinion  with  relation  to  this  affair, 
I  thought  it  best  to  write  to  you,  and  beg  you  will  let  me  know 
how  matters  stand.  If  necessary  (I  mean  if  you  don't  already 
know  his  sentiments)  send  him  this  letter.  I  don't  offer  advice 
nor  opinion,  but  will  heartily  assist  in  the  scheme  if  he  has  any 
such. 


Mr.  Dundas  to  the  Hon.  Charles  Hope  Weir. 

March  26,  1750. 
A  few  hours  ago  I  had  a  letter  from  Lord  Hopeton  inclosing 
one  which  he  had  yesterday  received  from  you  concerning  the 
election.  ...  I  wish  the  election  may  go  to  our  minds.  For 
my  own  part,  if  I  were  convinced  that  my  going  into  Parliament 
could  be  of  real  service  to  the  Whig  interest,  I  should  think  it 
my  duty  to  yield  up  my  own  private  ease  and  tranquillity  to  serve 
a  cause  which  I  have  ever  warmly  espoused.  But  I  do  not  look 
upon  myself  as  a  man  of  so  great  consequence.  I  cannot  at  pre- 
sent vary  my  resolution  of  continuing  in  the  private  and  retired 
sphere  which  I  have  acted  in  for  some  time  past.  You  indeed 
mention  in  your  letter  that  M'^  Pelham  would  not  be  displeased 
with  one  of  my  character.  As  a  friend  to  the  Government  I  will 
not  disown  my  being  flattered  by  this  expression,  as  it  is  my 
earnest  desire  that  my  attachment  to  the  Government  should  be 
known  and  believed  by  every  person  in  his  Majesty's  service. 
Since  my  name,  therefore,  has  been  brought  upon  the  carpet,  I 
trust  that  you,  as  my  friend,  will  do  me  the  justice  of  representing 


148  ARNISTON  MEMOIRS.  [1750. 

me  as  willing  and  desirous  at  all  times  of  promoting  his  Majesty's 
interest,  without  regard  to  any  mean  or  selfish  views. 

Mr.  Dundas  to  the  Hon.  Charles  Hope  Weir. 

Ormiston  Hall,  Ap.  10,  1750. 
D*^  Cha., — I  was  favoured  last  post  with  your  letter  of  the  3**. 
There  was  no  occasion  for  any  protestations  either  of  your  friend- 
ship or  your  sincerity  in  the  sentiments  you  there  express.  I 
entertain  not  the  least  doubt  of  either.  But  friends  daily  differ 
in  opinion^  which  is  our  case  at  present,  as  after  the  maturist 
deliberation  I  cannot  see  any  sufficient  reason  to  alter  my 
sentiments  of  not  offering  my  service  to  our  county  of  Clydesdale. 
I  never  have  indeed  said  that  I  am  resolved  at  no  time  to  go  into 
Parliament,  but  at  this  time  I  am  certainly  resolved. 

The  Government  interest  was  given  to  Patrick  Stuart  of 
Torrance,  who  was  returned  in  the  Whig  interest  in  opposition 
to  Hamilton  of  Aikenhead,  who  was  put  forward  by  the 
Hamiltons.  Both  Dundas  and  Mr.  Hope  Weir  voted  for  Mr. 
Stuart.  Those  were  the  days  of  small  constituencies ;  and  at 
the  election  the  numbers  were : — 

Stuart  17. 
Hamilton  12. 

Mr.  Mitchell  expresses  in  his  letters  the  regret  which  he 
had  felt  on  hearing  that  Dundas  had  declined  to  stand  for 
Lanarkshire.  Three  years,  however,  passed  before  he  made  u]) 
his  mind  that  the  proper  time  had  come  for  him  to  enter 
Parliament ;  and,  when  he  did  so,  it  was  for  his  own  coimty 
of  Midlothian  that  he  wished  to  stand. 

Mr.  R.  B.  Ramsay  to  Mr.  Dundas. 

By  the  misfortune  of  my  horse's  coming  down  with  me  in 
coming  here  from  Kinghorn  the  28*^  ult.,  I  got  a  strain,  which 
deprived  me  of  the  honour  of  waiting  on  you  in  paying  the  last 
duty  to  my  Lord  President's  funeral,  as  I  intended,  whether  I 
had  been  invited  or  not.^ 

You  know  so  well  that  it  is  unnecessary  to  inform  you  how  it 

1  The  Lord  President  had  died  on  the  26th  of  August.     Supj-a,  p.  109. 


1753]  STANDS  FOR  MIDLOTHIAN.  149 

came  about  tliat  I  was  elected  to  serve  the  county  of  Edinburgh 
in  Parliament  upon  Sir  Ch.  Oilmour's  death.  As  it  was  a  thing, 
when  projwsed,  that  I  had  not  entertained  a  thought  of,  so  had  I 
rested  on  my  own  opinion,  witiiout  regard  to  those  who  intended 
me  such  an  honour,  I  should  have  declined  it.  The  most  grateful 
return  I  could  make  those  gentlemen  who  had  importuned  me, 
was  to  accept  of  their  offer,  and  as  the  election  happened  in  the 
middle  of  a  Parliament,  should  I  tire  of  this  jK)st  of  honour,  which 
it  was  more  than  equal  chance  I  should,  I  had  only  the  half  of  a 
Parliament  to  attend.  This  was  a  lucky  incident  for  me.  I  have 
not  altered  my  sentiments,  but  am  fully  satisfied  with  the  half 
Parliament,  and  you,  I  think,  are  the  first  person  I  should  tell 
it  to. 

It  was  my  sincere  wish  that  you  should  have  come  in  for  the 
county  at  last  general  election.  Whether  from  an  aversion  to  the 
thing,  or  from  a  point  of  delicacy  with  regard  to  your  friend  (Sir 
C.  Gilmour),  I  can't  say,  but  you  took  an  effectual  method  to 
prevent  any  solicitation  on  that  score.  I  would  fain  hope  you 
have  now  thought  more  favourably  of  this  scheme,  and  will  stand 
for  the  county  next  election.  To  remove  all  scruple  with  regard 
to  me,  I  tell  you  again  I  am  determined  to  the  contrary.  I  will 
without  compliment  say  farther,  that  tho'  I  were  inclined  to 
make  another  attempt,  and  were  sure  of  success,  yet  I  would 
cheerfully  give  it  up,  could  I  prevail  upon  M'^  Dundas  to  take  it 
up.  You  have  the  sincere  good  wishes  of  all  happiness  to  you 
and  yours  of  your  most  obedient  humble  servant, 

RoB^  Balfour  Ramsay. ^ 
Balbirny,  \^th  Sept.  1753. 

Dundas  thought  his  time  had  now  come,  and  was  only 
waiting  till  the  next  dissolution  of  Parliament.  He  had  little 
fear  of  opposition.  Sir  Alexander  Dick  writes  from  Preston- 
field,  on  the  13th  of  October:  "The  letter  you  gave  me  for 
I^)rd  Milton  ^  I  delivered  him  next  day  at  Salton,  and  he 
expressed  himself,  as  I  took  him,  very  hearty  in  your  interest 
at  next  election,  and  said  he  knew  of  no  sort  of  opposition  you 
could  possibly  have,  by  which  means  I  think  our  harmony  is 
complete  in  this  county.*" 

*  Mr.  Ramsay  of  Whitehill  and  Balbirny,  M.P.  for  Midlothian. 

*  Andrew  Fletcher,  who  resigned  the  office  of  Lord  Justice-Clerk  in  1748, 
see  supra^  p.  103.  He  retained,  however,  his  seat  on  the  l^ench,  as  an  ordinary 
Lord  of  Session. 


150  ARNISTON  MEMOIRS.  [1754. 

The  tliree  years  which  had  elapsed  since  Dundas  declined 
the  Lanarkshire  invitation,  had  been  uneventful.  In  England 
they  were  years  of  quiet,  wlien  nothing  singular  occurred  in 
politics,  except,  perhaps,  the  appearance  on  the  scene  of  Lord 
Bute  as  an  aspirant  for  the  lionours  of  the  State.  In  Scot- 
land the  policy  of  Mr.  Pelham  and  Lord  Hardwicke,  and  the 
feeling,  now  universal,  that  the  Stuart  cause  was  desperate, 
were  slowly  but  surely  bringing  even  the  most  lawless  portions 
of  the  Highlands  into  order  and  the  appearance,  at  all  events, 
of  loyalty.  But  the  sudden  death  of  Mr.  Pelham,  in  March 
1754,  and  the  ministerial  clianges  which  followed,  when  his 
brother,  the  Duke  of  Newcastle,  became  Prime  Minister,  led 
to  a  dissolution  of  Parliament.  The  Midlothian  election  took 
place  on  the  25th  of  April  1754,  and  Dundas  was  returned 
unopposed  in  the  Whig  interest. 

He  had  chosen  exactly  the  right  moment  to  enter  Parlia- 
ment. In  July  one  of  the  judges,  Patrick  Grant  of  Elchies, 
died,  and  the  Lord  Advocate,  William  Grant  of  Prestongrange, 
succeeded  him  on  the  bench.  The  Duke  of  Newcastle,  instead 
of  appointing  either  of  the  Solicitors-General,  Mr.  Haldane 
and  Mr.  Home,  to  Grant's  office,  which  would  have  been  in 
accordance  with  the  ordinary  rule,  gave  the  place  to  Dundas, 
who  was  accordingly  appointed  Lord  Advocate  on  the  16th  of 
August  1754.  He  was  re-elected  for  Midlothian,  having 
resigned  his  seat  on  taking  office,  on  the  20th  of  December. 

Lord  Tweeddale  to  Lord  Advocate  Dundas. 

Yester,  Attg.  7,  1754. 
I  had  great  pleasure  in  hearing  you  were  the  person  pitched 
on  for  the  office  of  Lord  Advocate,  as  I  think  it  will  be  for  the 
service  of  his  Majesty  and  Government.  The  placing  you  in  such 
a  rank  shows  a  just  regard  to  your  own  merit,  as  well  as  a  remem- 
brance of  your  father's  great  services.  I  think  you  judge  perfectly 
right  for  many  reasons  in  making  a  trip  to  the  Highlands.  What- 
ever is  in  my  power  towards  contributing  to  your  executing  this 
office  with  satisfaction  to  yourself,  shall  not  be  wanting  in  one  who 
has  always  been  with  great  truth  and  regard, — Yrs.,  etc.  etc., 

Tweeddale. 

P.S. — The  Marchioness  offers  her  compliments  to  you,  as  we 
both  join  in  the  same  to  Mrs.  Baillie. 


1755  ]  ILLNESS  OF  MRS.  DUNDAS.  151 

Earl  of  Marchmont^  Io  thv  Lord  Advocate. 

Kbdbraes,  Aug.  20,  1754. 

I  received  the  favour  of  your  letter  by  last  post.  I  congratu- 
late you  most  sincerely  on  the  mark  you  have  received  of  his 
Majesty's  regard  for  you,  and  the  justice  done  by  it  to  your  merit. 

As  I  have  always  entertained  the  highest  esteem  for  you,  and 
the  greatest  desire  to  obtain  your  friendship,  you  cannot  doul>t 
my  heart's  exulting  at  every  honour  done  to  you,  nor  that  upon 
every  occasion  I  shall  be  glad  to  express  my  sentiments  for  you. 
I  know  your  zeal  for  our  happy  establishment,  and  you  will  want 
no  jissistance  but  your  own  good  sense  to  direct  you  in  your  con- 
duct with  the  Ministers.  Lady  Marchmont  presents  her  compli- 
ments and  congratulations  to  Mrs.  Baillie,  to  whom  I  desire  to 
offer  my  respects.  Be  persuaded  that  I  am  with  the  greatest 
truth  and  esteem, — Etc.  etc.  etc.,  Marchmont. 

Mrs.  Dundas  was  not  spared  to  see  the  remainder  of  her 
liusband^s  career,  as  soon  after  his  promotion  to  be  I^rd 
Advocate  she  sunk  into  bad  health.  In  the  spring  of  1755 
she  was  very  ill,  and  he  was  sunuiioned  from  London  to  see  her. 

Mr.  John  Lockhart  to  the  Lord  Advocate. 

The  good  accounts  I  received  by  last  post  from  Mr.  Smith,  of 
our  valued  friend  Mrs.  Baillie,  gave  a  most  sensible  satisfaction  to 
my  wife  and  me,  as  some  accounts  we  had  got  of  her  illness,  a 
little  before  that,  had  given  us  inexpressible  uneasiness.  At  the 
same  time  it  was  extremely  agreeable  to  me  when  I  reflected  on 
the  exquisite  happiness  you  would  have  on  your  arrival  at  home, 
by  finding  her  so  much  better  than  you  could  have  reason  to 
expect,  from  the  accounts  that  were  sent  to  you ;  and  I  assure 
your  Lordship  that  I  enjoyed  a  very  considerable  share  of  the 
])leasure  that  you  would  feel  on  that  occasion.  I  most  earnestly 
pray  God  for  her  speedy  recovery,  which  is  the  greatest  blessing 
that  can  happen  in  this  life  to  you  and  your  family ;  and  I  am 
certain  it  is  most  sincerely  wished  for  by  every  person  who  hath 
the  happiness  of  her  acquaintance.  The  present  scarcity  of  such 
characters  in  life  make  them  of  great  value  and  importance.  .  .  . 
I  shall  long,  with  great  anxiety  and  impatience,  to  hear  that  Mrs. 
Baillie  continues  in  a  fair  way  of  recovery,  that  you  have  suffered 

*  The  fourth  Earl  of  Marchmont. 


152  ARNISTON  MEMOIRS.  [1755. 

nothing  by  your  quick  journey  from  London,  and  that  Lady 
Carmichael  and  the  rest  of  your  family  are  in  good  health.  All 
your  friends  here  are  well.  They  offer  their  most  humble  com- 
pliments to  Lady  Carmichael,  Mrs.  Baillie,  and  to  you,  and  join  in 
their  most  sincere  wishes  for  long  health  and  happiness  to  you  and 
to  all  your  family ;  and  I  am,  with  great  respect  and  esteem,  my 
dear  Lord,  your  Lordship's  most  affectionate  cousin  and  most 
humble  faithful  servant,  Jh^  Lockhart. 

Camnethan,  Apr.  7M,  1755. 

In  spite  of  all  good  wishes,  and  though  from  time  to  time 
there  were  hopes  of  her  recovery,  Mrs.  Dundas  grew  worse.  On 
the  10th  of  May  Mr.  Baird  of  Newby  writes  :  "  I  most  sincerely 
condole  with  you  in  your  present  distress,  but  hope  all  is  not 
lost  that  is  in  danger.  She  has  our  constant  prayers  for  her 
recovery.'"  He  then  mentions  some  matters  of  business.  But 
the  answer  is  a  hurried  note,  in  the  handwriting,  apparently, 
of  a  clerk  or  secretary  :  "  Lord  Advocate  desires  me  to  acquaint 
you  that  he  is  in  such  distress  about  Mrs.  Baillie,  who  is 
exceedingly  low  to-day,  that  he  could  not  write  you  himself, 
nor  can  he  at  present  think  of  any  business.'^  Three  days 
afterwards  she  died,  on  the  13th  of  May  1755 ;  and  her 
husband  was  left  to  mourn  the  loss  of  one  whom  he  describes  as 
"  one  of  the  most  sensible,  amiable,  and  affectionate  women 
that  ever  made  a  man  happy." 

In  the  following  month,  Charles  Yorke,i  in  thanking 
Dundas  for  congratulations  on  his  own  approaching  marriage, 
alludes  to  the  death  of  Mrs.  Dundas :  "  I  thank  your  Lordship 
heartily  for  your  kind  and  friendly  congratulations.  I  will 
not  say  too  much  in  answer  to  them,  lest  the  contrast  be  too 
strong  between  the  happiness  which  I  have  gained  and  that 
which  you  have  lost.  I  feel  greatly  for  your  Lordship,  upon 
the  occasion ;  because  though  your  mind  is  firm,  and  your 
reason  well  prepared,  yet  the  best  minds  and  the  best  under- 
standings are  always  the  most  open  to  tender  and  generous 
affections.  I  beg  you  to  continue  a  share  of  your  friendship  to 
me/' 

^  Hon.  Charles  Yorke,  second  son  of  Lord  Chancellor  Hardwicke,  and  him- 
self Lord  Chancellor  in  1770.  He  died  on  the  20th  of  January  1770,  three  days 
after  his  appointment,  when  about  to  be  created  Lord  Morden. 


1755]  STATE  OF  THK  HIGHLANDS.  I5:i 

When  Dmulius  became  I^)r(l  Advocate  tlie  country  wa»  in  a 
very  different  state  from  that  in  which  it  hml  been  when  he  hvst 
held  office,  and  there  was  no  h)n«i[er  any  dreml  of  a  Jacobite 
rebellion.  Nevertheless  the  Hitrhlands  were  a  source  of  con- 
siderable anxiety,  and  his  attention,  as  first  law-officer  of  the 
(Vown,  was  constantly  directed  to  the  measures  which  were 
considered  necessary  for  ivcepintr  the  clansmen  in  order.  A  few 
extracts  may  be  given  from  letters  which  show  the  state  of 
things  in  the  north  at  tliis  time  : — 

GovERNoii  OK  Fort  Augustus  to  the  Loud  Advocate. 

?'ORT  Augustus,  13  Dec.  1754. 
Mv  Lord, — I  was  much  concerned  at  not  seeing  your  Ix)rd- 
ship  before  I  left  Edinburgh,  to  have  received  your  Lordship's 
commands  for  the  Highlands,  and  returned  my  grateful  thanks 
for  the  many  civilities  received  at  Arniston  House.  ...  At 
present  the  country  is  pretty  quiet,  and  no  manner  of  theft  among 
these  wild  Tartars  ;  and,  with  very  little  pains,  I  am  confident  that 
in  a  short  time  there  will  not  be  an  outlaw  left  in  this  neigh- 
bourhood. Glengarry  has  behaved,  among  his  clan,  since  his 
father's  death,  with  the  utmost  arrogance,  insolence,  and  pride. 
.  .  .  He  has  declared  that  no  peat  out  of  his  estate  should  come 
to  this  fort.  As  this  garrison  is  to  be  supplied  with  coal  next 
year,  I  have  given  out  that  I  am  heartily  sorry  that  Glengarrj',  by 
his  folly,  will  be  the  ruin  of  so  many  people,  whose  only  subsist- 
ence and  support  are  by  the  peat.  The  bait  has  taken,  and  the 
whole  country  complain  loudly  against  him.  His  whole  behaviour 
has  greatly  alienated  the  affections  of  his  once  dearly  beloved 
followers.  I  shall  take  all  opportunities  of  improving  this  happy 
spirit  of  rebellion  against  so  great  a  chieftain,  which  may  in  time 
be  productive  of  some  public  good." 

From  TiiK  Same. 

Fort  Augustus,  20  March  1755. 
Mv  Lord, — Although  I  had  the  honour  of  writing  to  your 
Lordship  last  post,  I  cannot  omit  acquainting  your  Lordship  of  a 
famous  hunting  match  on  Loch  Laggan  side  by  the  Badenoch 
gentry,  about  a  month  ago,  where  many  appeared  in  arms.  Among 
them  was  M*Donel  of  Keppoch,  M'Donel  of  Aberarder,  Mac- 
pherson's  son.  of  Strathmashie,  and  M*Donel  of  Tullacrombie,  who 


154  ARNISTON  MEMOIRS.  [1755. 

I  hear  has  his  Grace  of  Gordon's  protection  to  carry  arms.  There 
were  many  more,  but  these  were  all  I  could  get  the  names  of. 
They  killed  ten  deer,  and  sent  two  as  a  present  to  Lady  Cluny.^ 
The  people  of  Badenoch  are  in  great  spirits  on  the  prospect  of  a 
war,  and  say  it  will  soon  be  an  intestine  one.  I  have  people  out, 
in  several  parts  of  the  country,  to  find  out  if  any  strangers  are 
come  over,  and  what  is  doing  among  them.  The  two  men  who 
escaped  being  taken  for  perjury,  about  Lovat's  second  son,  are 
now  in  Badenoch.  I  have  sent  one  to  try  and  fix  them.  I  much 
doubt  of  success. 

P.S. — Excuse  the  liberty  I  take  in  suggesting  to  your  Lord- 
ship that,  in  case  of  a  war,  some  notice  should  be  taken  of  the 
many  able  Chelsea  pensioners  fit  for  service  that  live  in  this 
country,  many  of  them  Papists,  and  all  disaffected. 

On  the  13th  of  August  1755,  General  Watson  writes  from 
Fort  Augustus  a  long  letter,  in  which  he  gives  an  account  of  a 
journey  which  he  had  just  made  through  part  of  the  High- 
lands. "  Since  I  was  last  in  Edinburgh,'"*  he  says,  "  I  have 
made  the  round  of  all  the  west  coast  of  Argyllshire,  and  from 
Fort  William  came  here.  In  this  journey  I  had  the  pleasure 
of  seeing  a  great  change  in  all  respects  to  the  better,  a  founda- 
tion of  both  wealth  and  industry  in  many  places ;  and  .the 
people  sensible  of  their  present  happy  situation.  ...  I  came 
through  Appin  and  Ardshiels.  The  King's  tenants  ^  upon  this 
last  estate  appear  already  visibly  more  happy  than  their  neigh- 
bours, and  the  poor  wretches  everywhere  cried  out  for  schools 
and  a  kirk.  Your  Lordship  will  be  amazed  when  I  tell  you 
the  miserable  Indians  of  this  very  country  (who  are  in  the 
parish  of  the  island  of  Lismore)  have  not  had  access  to  any 
sort  of  worship  for  three  years  past.  What  a  shame  and  dis- 
grace !  And  yet  they  are  called  British  subjects  and  Pro- 
testants. It  gave  me  great  pleasure  to  hear  several  instances 
amongst  the  common  people,  who,  when  they  were  like  to  be 
oppressed  in  the  old  way,  actually  refused,  and  threatened 
going  to  complain  at  Edinburgh,  which  threatening  had  the 
desired    effect,  and   youTl    easily  believe  I  don't   neglect  the 

^  The  wife  of  Macpherson  of  Cluny,  whose  husband  was  at  this  time  an 
outlaw  on  account  of  the  Rebelhon  of  1745' 

2  The  forfeited  estates  were  vested  in  the  Crown,  and  their  revenues  devoted 
to  improving  the  condition  of  the  people. 


I755J  CLUNY  MACPHKRSON.  155 

doctrine  of  always  encoiini^iii*!:  the  coninion  peo])le  to  mutiny 
against  every  ancient  and  usual  })iece  of  former  oj)j)ression.'" 

Tlie  stron<!;hold  of  disaffection  was  in  Bmlenocli.  There, 
for  nine  years  after  the  disastrous  close  of  tlie  Rebellion, 
Mticpherson  of  C'luny  had  concealed  himself  from  a  large  body 
of  troops,  who  were  stationed  in  the  district  for  the  express 
purpose  of  finding  him.  More  than  a  hundred  of  his  clans- 
men knew  where  he  was;  and  a  reward  of  X^KKX)  was  offered 
for  information  iigainst  him.  Yet  such  was  the  fidelity  of  the 
Highlanders  that  nothing  would  intluce  tliem  to  guide  the 
troops  to  that  secure  retreat  which  they  hat!  constructed  for 
their  chieftain  among  the  precipices  of  Ben  Alder.  "  When  I 
Ciune  to  Badenoch,'*''  General  Watson  says,  in  his  letter  to  tlie 
Lord  Advocate,  "  I  found  the  Macphersons  greatly  alarmed  at 
the  unexpected  visit  of  the  troops.  They  had  prepared  a 
most  plausible  Highland  story  of  Cliniy's  having  left  the 
country  and  gone  to  France,  all  which  I  knew  to  be  a  mere  lie, 
so  would  not  trouble  your  Lordshi})  with  a  letter  about  the 
report.  As  they  see  the  Government  is  in  earnest,  I  must 
submit  how  far  it  would  be  proper  to  bestow  some  attention 
upon  those  who  favour  and  countenance  his  staying  in  the 
country.  I  know  it  ^s  what  they  expect  and  dread.  If  your 
Lordship  approves  of  this  measure,  I  shall  send  you  one  who 
will  tell  the  names  of  his  constant  associates  and  harbourers. 
The  fellow  I  mean  is  sorely  disobliged,  and,  like  a  true  High- 
lander, thirsts  for  revenge.'^ 

Cluny  was  never  ap])rehended.  He  escaped  to  France  in 
1755  (perhaps  he  had  already  left  Badenoch  by  tlie  time 
General  Watson  reached  it),  and  died,  in  the  course  of  the 
following  year,  at  Dunkirk. 

Although  the  Aniiston  influence  was  not  yet  so  ]:^)werful  as 
it  became  during  the  last  twenty-five  years  of  the  century.  Lord 
Advocate  Dundas  was  not  much  interfered  with  in  dispensing 
the  large  patronage  at  his  connnand.  The  power  of  Arcliibald, 
Duke  of  Argyll,  was  certainly  great,  and  Andrew  Fletcher, 
Lord  Milton,  the  Duke^s  representative  in  Scotlantl,  and  the 
chief  recipient  of  his  confidence,  was  still  as  much  suspected  by 
Dundas  as  he  had  been  in  the  days  of  old  Lord  Aniiston.  "  I 
hinted  to  you,*"  writes  Sir  David  Moncrieffe  to  the  Lord 
Advocate,  who  was  then  in  London,  "  that  a  certain  person  was 


156  ARNISTON  xMEMOIRS.  [1755. 

openly  making  up  to  Lord  Milton,  which  proceeded  from  advice 
from  Whitehall,  and  several  others  are  following  his  example/* 
He  adds,  in  a  postscript,  "  The  President  and  his  son-in-law 
dined  on  Friday  at  Brunstane ;  ^  and  this  day  the  visit  was 
returned.''''  In  fact  all  Lord  Milton^s  movements  were  narrowly 
watched,  and  Moncrieffe,  whose  duties  as  Deputy  King^s 
Remembrancer,  kept  him  chiefly  in  Edinburgh,  appears  to 
have  sent  to  Dundas  wlien  in  London  regular  accounts  of  who 
called  on  his  Lordship,  who  dined  with  him,  and  what  new 
alliances  he  was  supposed  to  be  concocting.  But,  as  a  rule, 
Dundas  liad  matters  his  own  way,  and  enjoyed  the  full  con- 
fidence of  Lord  Hardwicke,  wlio  represented  the  ministry  in 
matters  relating  to  legal  patronage. 


Lord  Haruwicke  to  Lord  Advocate  Dundas. 

Powis  House,  y«;/^  28///,  1755. 
..."  He  (first  President  Dundas)  used  to  do  me  the  honour  to 
write  his  thoughts  to  me  very  freely  on  all  vacancies  that  happened 
in  the  Court ;  and  I  thought  it  of  great  utility  to  the  public  service, 
for  it  often  produced  good,  and  generally  prevented  anything  that 
might  have  been  very  wrong.  I  wish,  as  your  Lordship  does,  that 
the  present  President  ^  would  do  the  same.  Your  notions  of  clan- 
ship, whether  of  the  Highland  or  Lowland  kind,  are  extremely 
right,  and  I  shall  endeavour  to  make  the  best  use  and  application 
of  them  as  occasions  may  arise.  I  hope  the  scheme  ^  which  I  have 
opened  to  you  is  not  tainted  with  anything  of  that  nature.  It  is 
one  of  the  worst  infections  that  can  creep  into  a  Court  of  Justice. 
I  have  heard  of  something  of  that  sort  in  the  days  of  old  Sir  Hugh, 
but  not  since. 

* 

In  1752  Mr.  David  Hume  succeeded  Ruddiman  as  Keeper  of 
the  Advocates'*  Library.  The  proposal  to  appoint  Hume  was 
strenuously  opposed.  The  candidate  who  was  put  up  against 
him  was  Mr.  Kenneth  Mackenzie,  at  that  time  Professor  of  Civil 


^  Lord  Milton's  country  house,  about  five  miles  from  Edinburgh. 

^  Craigie  of  Glendoick. 

2  Two  judges  had  died  in  June  1755  (Lords  Murkle  and  Drummore),  and  the 
*'  scheme"  was  to  appoint  Andrew  Macdowal  of  Bankton,  and  George  Carre  of 
Nisbet,  to  succeed  them.     This  arrangement  was  carried  out. 


1754]     HUME  AND  THE  ADVOCATES'  LIBRARY.         1.57 

I<^iw  in  the  University  of  Kdinhurtrh.^  The  contest  excited 
fijreat  interest,  not  only  among  the  members  of  the  Bar,  but 
amontr  all  chisses  in  Scotland.  "  Twas  vulgarly  given  out,^"* 
Hume  writes,  "  that  the  contest  was  betwixt  Deists  and 
Christians;  and  when  the  news  of  my  success  aune  to  the  play- 
house, the  whisper  ran  that  the  Christians  were  defeated.  Are 
you  not  surprised  that  we  could  keej)  our  popularity,  notwith- 
standing this  imputation,  which  my  friends  could  not  deny  to 
be  well-founded  ?  The  whole  body  of  cadies  bought  flambeaux, 
and  nuule  illuminations  to  mark  their  })le<isure  at  my  success ; 
and  next  morning  I  iiad  the  drums  and  town  music  at  my  door, 
to  exj)ress  their  joy,  as  they  said,  of  my  being  made  a  great 
man.  They  could  not  imagine  that  so  great  a  fray  could  he 
raised  about  so  mere  a  trifle.^'  - 

Lord  Advocate  Dundas,  at  that  time  Dean  of  Faculty,  had 
supported  Mr.  Mackenzie,  a  fact  which  was  ])erfectly  well  known 
to  Hume,  and  which  doubtless  gave  additional  point  to  an  amus- 
ing letter  which  the  historian  wrote  to  Mr.  Dundas,  two  years 
later,  in  the  following  circumstances.  In  June  1754,  Mr.  James 
Burnet,^  Mr.  Thomas  Miller,*  and  Sir  David  Dalrymple,^  who 
were  then  curators  of  the  library,  found  that  three  French  books, 
Les  Contes  de  la  Fontaine^  UHisto'ire  Amourense  de.s  Gaula,  and 
VEcumolre,  had  been  recently  purchased  for  the  library.  These 
books  they  forthwith  ordered  to  be  struck  out  off  the  cata- 
logue of  the  library,  and  removed  from  the  shelves  as  "  indecent 
books,  and  unworthy  of  a  place  in  a  learned  library.""  Against 
this  absurd  order,  much  more  absurd  than  if  the  curators  of 
to-day  were  to  direct  the  removal  of  the  works  of  Zola  or 
Daudet,  Hume  remonstrated,  and,  at  the  beginning  of  the 
following  winter  session,  he  wrote  as  follows  to  the  I^rd 
Advocate : — 

Mr.  Hume  to  Lord  Advocate  Dundas. 

20///  Nov.  1754. 
Mv  Lord,— Reflecting  on  the  conversation  which  I  had  the 
honour  to  have  with  your  Lordship  yesterday,  I  remember  that 
your  Lordship  asked  whether  I  insisted  that  these  three  books 


*  Minutes  of  the  Faculty  of  Advocates,  28th  Jan.  1752. 

2  Hill  Burton's  Z;/<?  of  Htane^  vol.  i.  p.  371. 

3  Lord  Monboddo.  *  Lord  Glenlee.  »  Lord  Hailes. 


158  ARNISTON  MEMOIRS.  [1754. 

must  be  in  the  library  ?  I  believe  I  answered  that  the  books  were 
indifferent  to  me,  and  that  being  once  expelled  I  did  not  see  how 
they  could  be  restored  except  by  being  bought  anew.  This 
answer  was  the  effect  of  precipitation  and  inadvertence.  I  take 
this  opportunity  of  retracting  it ;  that  if  your  Lordship  be  so  good 
as  to  interpose  your  authority  in  this  affair,  you  may  be  informed 
of  the  grounds  on  which  I  conceive  the  matter  to  stand.  The 
expelling  these  books  I  could  conceive  in  no  other  light  than  as  an 
insult  on  me,  which  nothing  can  repair  but  the  re-instating  them. 
Mr.  Wedderbuni  and  Mr.  Millar,  who  certainly  had  no  bad 
intentions,  will  not,  I  hope,  regard  my  insisting  on  this  point  as 
any  insult  on  them.  And  if  any  of  the  curators  had  bad  inten- 
tions, which  I  hope  they  had  not,  there  cannot  in  the  world  be  a 
more  rejoicing  spectacle,  nor  one  more  agreeable  to  the  generality 
of  mankind,  than  to  see  insolence  and  malice  thrown  in  the  dirt. 
These  qualities,  which  are  always  dirty,  must  in  that  case  appear 
doubly  so. 

There  is  a  particular  kind  of  insolence  which  is  more  provoking 
as  it  is  meaner  than  any  other,  'tis  the  hisolence  of  Office,  which 
our  great  poet  mentions  as  sufficient  to  make  those  who  are  so 
unhappy  as  to  suffer  by  it,  seek  even  a  voluntary  death  rather  than 
submit  to  it.  I  presume  it  is  chance,  not  design,  which  has 
exposed  somfe  of  the  curators  to  the  reproach  of  this  vice.  But  I 
am  sure  no  quality  will  be  more  disagreeable  to  your  Lordship,  for 
if  I  may  judge  by  the  affable  manner  in  which  you  received  me, 
your  late  promotion  will  operate  no  such  effect  upon  you. 

As  to  the  three  books  themselves,  your  Lordship  has  little 
leisure  from  more  grave  and  important  occupations  to  read  them  ; 
but  this  I  will  venture  to  justify  before  any  literary  society  in 
Europe,  that  if  every  book  not  superior  in  merit  to  La  Fontaine  be 
expelled  the  library,  I  shall  engage  to  carry  away  all  that  remains 
in  my  pocket.  I  know  not  indeed  if  any  will  remain  except  our 
fifty  pound  Bible,  which  is  too  bulky  for  me  to  carry  away.  If  all 
worse  than  Bussi  Bahutin,  or  Crehillon,  be  expelled,  I  shall  engage 
that  a  couple  of  porters  will  do  the  office.  By  the  bye,  Biissi 
Rahutin  contains  no  bawdy  at  all,  though  if  it  did,  I  see  not  that  it 
would  be  a  whit  the  worse.  For  I  know  not  a  more  agreeable 
subject  both  for  books  and  conversation,  if  executed  with  decency 
and  ingenuity.  I  can  presume,  without  intending  the  least 
offence,  that  as  the  glass  circulates  at  your  Lordship's  table, 
this  topic  of  conversation  will  sometimes  steal  in,  provided  always 
there  be  no  ministers  present.  And  even  some  of  these  reverend 
gentlemen  I  have  seen  not  to  dislike  the  subject.     I  hope  your 


1755]  i'lJI'-  THAGKDY  OF  'DOUGLAS.'  15f) 

Lordship  will  excuse  this  freedom,  and  believe  nie  to  be,  with 
^reat  regard, —  My  I^)rd,  your  I^)r(lKhip's  most  obedient  and  most 
humble  servant,  David  Hume. 


It  is  probable  that  Dunda.s  approved  of  what  the  curators 
had  done,  and  that  Hume  knew  this  when  he  wrote  his  letter. 
If  so,  the  Lord  Adv(K'Hte''s  conduct,  strangely  narrow-minded 
in  a  man  who  had  seen  so  much  of  the  world,  wjus  (juite  con- 
sistent with  the  })art  he  took  in  the  scpiabbles  which  followed 
the  production  of  the  celebrated  "Tragedy  of  Douglas."" 

It  was  in  February  1755  that  tbe  Rev.  John  Home  rode  up 
to  London  with  the  manuscript  of"  Douglas^  in  his  saddle-bags, 
soon  to  return  and  disa})point  his  friends  by  telling  them  that 
the  great  Mr.  Garrick  had  pronounced  it  unfit  for  the  stage. 
But  in  the  following  year  it  was  brought  out  at  the  Edinburgh 
theatre,  which  was  then  managed  by  West  Digges,  the  actor, 
the  story  of  whose  adventures  would  form  a  romantic  chapter 
in  the  history  of  the  stage  in  Scotland.  Among  those  who 
strongly  supported  Home  was  Lord  Milton,  and  this  alone  was 
sufficient  to  prejudice  Dundas  against  both  Home  and  his  play. 
Either  out  of  a  spirit  of  opposition  to  Lord  Milton,  or  for  some 
other  reason  private  to  himself,  the  Lord  Advocate  incurred  the 
Listing  dislike  of  the  Moderate  party,  in  the  Church  of  Scotland, 
by  not  only  joining  the  ranks  of  those  who  attacked  the 
Tragedy  of  Douglas  and  censured  Home  for  writing  it,  but 
also  by  refusing  to  use  his  influence  with  the  Presbytery  of 
Dalkeith  to  induce  them  to  withdraw  their  prosecution  of  Dr. 
Carlyle  for  his  wanii  support  of  Home.  "  A  word  from  liini 
would  have  done,*"  says  Carlyle  bitterlv. 

Home  was  compelled,  in  order  to  avoid  deposition,  to  resign 
his  living ;  and  several  clergymen,  who  had  ventured  to  attend 
the  theatre,  were  severely  censured.  But  the  common  sense  of 
the  ])ublic  triumphed. 

"  The  play,""  says  Dr.  Carlyle,  "  had  unbounded  success  for 
a  great  many  nights  in  Pklinburgh,  and  was  attended  by  all  the 
literati  and  most  of  the  judges,  who,  except  one  or  two,  had  not 
been  in  use  to  attend  the  theatre.  The  town  in  general  was  in 
an  uproar  of  exultation  that  a  Scotchman  haxl  written  a  tragedy 
of  the  first  rate,  and  that  its  merit  was  first  submitted  to  their 
judgment.     There  were  a  few  opposers,  however,  among  those 


160  ARNISTON  MEMOIRS.  [1756. 

who  pretended  to  taste  and  literature,  who  endeavoured  to  cry 
down  the  performance  in  libellous  pamphlets  and  ballads  (for 
they  durst  not  attempt  to  oppose  it  in  the  theatre  itself),  and 
were  openly  countenanced  by  Robert  Dundas  of  Arniston,  at 
that  time  Lord  Advocate,  and  all  his  minions  and  expectants. 
The  High-flying  set  were  unanimous  against  it,  as  they  thought 
it  a  sin  for  a  clergyman  to  write  any  play,  let  it  be  ever  so 
moral  in  its  tendency."'  ^ 

In  1756  Dundas  was  advised  to  marry  a  second  time.  The 
lady  whom  he  proposed  to  espouse  was  Jean,  third  daughter  of 
William  Grant,  Lord  Prestongrange,  liis  predecessor  in  the 
office  of  Lord  Advocate.^ 


Lord  Hopetoun  to  Lord  Advocate  Dundas. 

(No  date.) 
Dear  Robin, — I  have  talked  over  your  affair  fully  with  my 
friend  and  well-wisher.  We  both  agree  in  applauding  the  measure 
in  general,  not  only  as  rational  but  even  necessary  in  your  situation, 
and  I  think  it  will  be  extremely  lucky  for  your  young  family, 
especially  the  eldest,  if  they  fall  soon  into  such  hands  as  we  would 
wish  for  a  meet  help  to  you.  A  woman  of  prudence,  good  nature, 
temper,  activity,  economy,  etc.,  etc.  And  for  sake  of  the  dear 
baby  we  would  have  her  heart  remarkably  good,  generous,  and 
disinterested.  Nothing  less  will  please.  But  how  far  the  person 
in  view  may  come  up  to  this  character  is  what  we  are  absolutely 
ignorant  of,  which  we  regret,  because  had  we  any  access  to  know 
it  nothing  should  be  concealed  from  you  in  a  point  of  such  con- 
sequence, and  where  it  is  so  difficult  for  you  to  come  at  the  truth, 
even  tho'  your  acquaintance  had  been  longer  and  more  intimate 
than  it  has  been,  or  tho'  she  herself  had  been  better  known  to  the 
world.  So  that  we  can  only  add  our  best  wishes  that  everything 
may  be  directed  for  the  best.  As  to  the  family,  relations,  and 
connections,  you  are  thoroughly  acquainted  with  these  particulars 
yourself,  and  can  judge  perfectly  in  them. 

I  expect  the  bearer  will  bring  me  a  return  from  the  Chief 
Baron,  which  you  shall  know,  but  at  any  rate  Saturday  shall  be 
devoted  to  you  in  one  shape  or  other. 

I  ever  am  most  sincerely.  My  dear  Lord, — Yours,  etc., 

Hopetoun. 


^  Autobiography,  p.  3 1 1  •  -  Supra,  p.  1 50. 


1759-]        LETTERS  FROM  LORD  HARDWICKE.  l6l 

The  marriage  took  ])lace  in  September  1756,  when  Miss 
Grant  brought  her  husband  the  small  fortune  of  i?2000.  The 
first  Mrs.  Dundas  had  died  shortly  before  Cliarles  Yorke's 
marriage ;  and  just  three  years  after  Mr.  l)undas'*8  second 
marriage  he  heard  from  I^)rd  Hardwicke  of  tlie  death  of  Mrs. 
Yorke. 

Lord  Hardwicke  to  the  Lord  Advocate. 

Grosvenor  Square, /tt/y  31,  1759. 

My  Lord  Advocate, — I  am  much  comforted  by  what  your 
Lordship  says  that  the  country  is  so  very  quiet,  particularly  in  the 
Highlands.  .  .  .  What  you  say  of  the  Annexation  Act  is  the 
highest  commendation  of  it ;  for,  if  it  terrifies  the  men  of  estates 
from  going  into  rebellion,  the  lower  people  will  not  be  easily 
drawn  out  in  any  numbers.  This  is  an  argument  that  always 
chiefly  weighed  with  me,  and  which  I  much  laboured  in  the 
debate  in  the  House  of  Lords. 

I  think  such  a  militia  scheme  as  ours  cannot  take  place  in 
Scotland.  But  many  schemes  are  going  forward  for  raising  regi- 
ments in  several  counties,  and  I  wish  you  would  be  so  good  as  to 
favour  me  with  your  opinion  on  that  subject. 

I  have  had  an  irreparable  loss  in  my  family  by  the  death  of 
your  friend  the  Solicitor's^  wife  ;  had  much  illness  in  it,  and  been 
very  ill  myself.  I  thank  God  we  are  now  much  better,  and  I 
pray  for  your  health. — I  am,  etc.  etc.  etc.,  Hardwicke. 

Lord  Hardwicke  to  the  Lord  Advocate. 

Wimple,  Se/>f.  6,  1759. 
I  am  extremely  obliged  to  your  Lordship  for  the  kind  and 
affectionate  manner  in  which  you  take  notice  of  the  melancholy 
breach  Providence  has  been  pleased  to  make  in  my  family.  The 
loss  is  indeed  never  enough  to  be  lamented,  particularly  by  the 
poor  Solicitor,  who  has  been  inconsolable.  Nor  can  I  blame  him, 
for  there  never  was  woman  formed  with  greater  sweetness  of 
temper  or  more  amiable  qualities.  However,  I  hope  his  Christian 
philosophy  and  the  necessary  avocations  of  his  business  will  in 
time  work  a  cure.  As  to  myself  I  had  an  ugly  illness,  partly 
occasioned  by  the  effects  of  this  heavy  stroke,  and  partly  by  the 

^  Lord  Hardwicke's  son  Charles,  at  that  time  Solicitor-General.     He  married 
Catherine,  daughter  and  heiress  of  the  Rev.  Dr.  W.  Freeman  of  Hammels,  Herts. 


162  ARNISTON  MEMOIRS.  [1760. 

excessive  heats  of  the  season,  but  thank  God  I  have  had  no 
relapse,  and  am  now  perfectly  well.  I  hope  your  Lordship  and 
all  your  family  continue  so,  which  I  do  most  sincerely  wish,  and 
am,  with  great  truth  and  esteem,  etc.  etc.  etc., 

Hardwicke. 

Lord  President  Craigie  died  on  the  10th  of  March  1760. 
Lord  Advocate  Dundas  immediately  proceeded  to  London  to 
press  upon  Ministers  his  claim  to  the  vacant  chair.  A  negotia- 
tion had  been  set  on  foot  for  giving  the  Presidents  chair  to 
the  Justice-Clerk,  Erskine  of  Tinwald.^  But  Mr.  Dundas's  claim 
seems  to  have  been  at  once  admitted,  for  on  the  18th  of  March 
he  was  able  to  acquaint  Lord  Prestongrange  with  "the 
material  alteration  in  my  situation  of  life,""*  his  Majesty  having 
been  pleased  to  declare  his  intention  of  appointing  him  succes- 
sor to  Mr.  Craigie.  Mr.  Dundas  was  also  successful  in  obtain- 
ing promotion  for  his  friends  Miller^  and  Montgomery^  to  the 
vacancies  caused  by  his  own  elevation,  the  former  becoming 
Lord  Advocate,  and  the  latter  one  of  the  joint  Solicitors- 
General.     Montgomery  quaintly  expressed  his  gratitude  : — 

"  Gratitude  I  have  always  considered  as  a  cardinal  virtue  ; 
and  if  I  am  possessed  of  any  good  quality  and  know  myself,  I 
must  be  forgiven  to  say  that  I  think  I  possess  it  in  as  strong  a 
degree  as  any  man  living.  I  have  a  letter  from  London  by 
this  post,  that  so  much  fills  my  mind  in  that  way  that  I 
cannot  resist  the  impulse  of  writing  your  Lordship  in  this 
manner.     The  application  will  be  easy."" 

Lord  Prestongrange  to  Lord  President  Dundas. 

Prestongrange,  March  25,  1760. 
My  dear  Lord, — Your  letter  of  the  1.5th  I  received  here  late 
on  Saturday  night.  It  contains  a  confirmation  of  the  news  your 
spouse  had  wrote  to  me  the  post  before,  and  in  my  return  to  hers 
I  have  in  effect  answered  this  of  yours,  giving  you  my  sincerest 
congratulations  and  best  wishes  on  your  new  preferment.  I  am, 
however,  obliged  to  you  for  informing  me  somewhat  more  fully  of 
circumstances  which  I  pretty  well  understand,  tho'  for  historical 

*  Letter,  Mr.  Montgomery  to  the  Lord  Advocate. 

2  Thomas  Miller  of  Glenlee,  afterwards  Lord  President. 

^  James  Montgomery  of  Stanhope,  afterwards  Chief  Baron. 


1760]  DUNDAS  APPOINTED  PRESIDENT.  U)S 

satisfaction  there  may  yet  be  evlaiiclssnnents  wanting,  which  in 
(hie  time  I  may  receive  from  you,  when  it  shall  })lease  (iod  that  we 
meet.  In  the  meantime  it  was  agreeable  to  me  to  hear  that  regard 
and  goodwill  towards  me  are  still  declared  by  those  from  whom  I 
expected  that  dispositi(m.  I  say  this  is  soothing  whether  there 
shall  ever  be  occasion  for  its  producing  any  benefit  to  me  or  not. 
As  for  yourself,  distrust  not  your  own  abilities  farther  than  to 
quicken  your  attention  and  diligence  in  discharging  the  duties  of 
your  new  station.  God  has  blest  you  with  a  ready  apprehension 
and  a  good  memory,  which  are  valuable  qualities  for  that  office. 
Your  eldest  and  youngest  daughters  are  both  well,  and  yesterday 
we  heard  at  Edinburgh  from  Amiston  that  all  the  children  were 
well  there.  It  will  be  agreeable  to  us  to  hear  from  you  when 
leisure  permits.  All  here  join  in  their  compliments  to  you  and 
your  company,  whom  we  constantly  remember,  and  I  am  ever,  my 
dear  Ix)rd,  very  affectionately  yours,  W.  G.-^ 

Lord  Hardwicke  to  Lord  President  Dundas. 

GrOSVENOR  SQUARE,/i/«<?  12,   I76O. 

My  dear  Lord, — The  great  and  inexpressible  affliction  I  have 
been  under  ever  since  the  receipt  of  your  letter  of  the  31st  of 
May,  has  prevented  my  paying  my  respects  to  your  Lordship  till 
now.  Indeed,  at  this  time,  I  am  not  very  fit  either  for  corre- 
spondence or  company,  but  Providence  requires  that  one  should 
struggle  with  patient  resignation  under  such  tryals. 

I  am  very  glad  that  the  rejecting  of  the  Scotch  Militia  Bill  is 
not  disagreeable  to  many  of  the  best  friends  of  the  Government. 
They  judge  very  rightly,  for  I  am  thoroughly  persuaded  that 
the  passing  of  it  would  have  been  advantageous  only  to  its 
enemies.  I  know  your  Lordship  has  so  much  spirit,  and  so  manly 
a  way  of  thinking,  as  to  despise  the  ill-placed  abuse,  which  the 


*  Descendants  of  the  three  daughters  of  William  Grant,  Lord  Prestongrange. 

I  2  3 

I  -I  I 

Janet  =  The  Earl  of       Agnes  =  Lt.-Col.  Sir  George        Jean  ==  President 


died    with-       Hyndford.  |      Suttie  of  Balgone 

out  family 


Dundas. 


Sir  James  Suttie  of  Balgone,  Robert  Dundas 

who  assumed  the  name  of  of   Arniston, 

Grant    on    succeeding    to  Chief  Baron. 

Prestongrange  on  the  death 
of  the  Countess  of  Hynd- 
ford. 


164  ARNISTON  MEMOIRS.  [1760. 

favoui'ers  of  that  scheme  may  throw  out  against  you.  You  may 
safely  wait  for  the  echo.  I  aia  pleased  you  do  not  mention  that  it 
is  likely  to  prejudice  your  interest  in  the  county  of  Edinburgh. 
What  I  read  in  the  printed  papers  you  sent  me  are  mere  britta 
fulmina. 

It  is  my  duty  to  acquaint  your  Lordship  that  the  King  is 
extremely  pleased  with  the  part  you  and  I  took  in  the  bill  to  con- 
tinue the  laws  relating  to  the  tryal  of  treason  comitted  in  the 
Highlands,  and  the  disarming ;  as  also  with  the  success  of  it.  I 
did  not  suffer  that  bill  to  pass  through  the  House  of  Lords  stib 
silentio,  but  made  motion  relating  to  it  myself,  in  a  full  House. 

As  I  trust  your  Lordship  is  by  this  time  completely  Lord 
President  of  the  Session,  permit  me  to  repeat  my  congratulations 
on  that  subject.  Nobody  can  possibly  wish  or  augur  better  for 
your  Lordship  than  I  do,  from  the  best  evidence,  experience,  as 
well  in  respect  of  your  own  honour,  the  able  and  impartial  adminis- 
tration of  justice,  and  his  Majesty's  service.  It  may  with  truth 
be  said  of  your  family,  Noii  dejicit  alter  aureus  ! — I  am,  with  the 
most  cordial  wishes  for  your  health,  and  with  the  utmost  truth 
and  respect.  My  dear  Lord,  etc.  etc.  etc.,  Hardwicke. 


Lord  Hardwicke  to  the  Lord  President. 

Wimple,  in  Cambridgeshire,  Aug.  31,  1760. 

My  dear  Lord, — The  kind  letter,  with  which  your  Lordship 
honoured  me  on  the  l6th  instant,  was  the  longer  in  reaching  my 
hands  by  reason  of  my  residence  at  this  place.  I  had  heard  of 
the  misfortune  which  detained  you  from  taking  your  seat  in  the 
Court  of  Session,  and  as  I  partake  in  every  concern  of  yours,  truly 
sympathised  with  you  upon  that  unhappy  occasion.  My  own 
wound  is  too  fresh  and  too  far  from  being  yet  healed  not  to  make 
me  feel  very  sensibly  for  those  distresses  of  others. 

I  had  a  letter  from  your  successor  ^  in  the  Advocate's  office, 
dated  but  two  days  before  yours,  wherein  he  says  that  for  you 
which  your  Lordship's  modesty  would  not  permit  you  to  say  for 
yourself.  I  sincerely  congratulate  you  on  this  happy  entrance 
upon  your  high  office,  so  much  to  the  honour  of  your  Lordship's 
abilities  and  temper,  and  I  cannot  help  auguring  from  it  all  kinds 
of  good  success  for  his  Majesty's  service,  the  reputation  of  his 
justice,  and   the  general  utility  of  his  people.     Indeed,  I  never 

^  Miller  of  Glenlee. 


i76o.]  THK  MILITIA  ACTS.  l65 

entertained  any  doubt  in  my  mind  but  that  the  event  would  be  so, 
and  rejoice  to  see  it  verified. 

It  gives  me  much  satisfaction  to  hear  that  the  clamour  about 
Militia  subsides.  I  always  looked  upon  some  of  the  compliments 
which  were  lately  paid  as  efforts  to  keep  alive  the  expiring 
embers,  but  notwithstanding  them,  I  am  persuaded  it  will  not  be 
long  before  they  are  extinguished,  and  shall  look  with  j)leasure 
upon  the  election  for  the  county  of  Edinburgh  passing  without 
opposition  as  one  proof  of  it. 

The  "clamour  about  Militia^  mentioned  by  I^)rd  Hard- 
wicke  was  occasioned  by  the  strenuous  opposition  of  Dundtus  to 
the  proposiU  to  establish  a  Militia  force  in  Scotland.  The 
statute  by  which  the  Militia  of  England  was  organised,  passed 
in  1757;  but  when  it  was  proposed  to  have  a  similar  body  in 
Scotland,  the  Government  hesitated,  on  the  ground  that  too 
short  a  time  had  passed  since  the  Rebellion,  and  that  it  would 
be  unsiife  as  yet  to  arm  large  masses  of  the  people.  An  influ- 
ential party  in  Scotland  were  indignant  at  this ;  and  the  policy 
of  jMinisters  wiis  represented  as  an  insult  to  the  nation.  The 
chief  argument  used  by  Dundas  against  the  proposal  was  that 
the  manufacturers  of  Scotland  would  be  ruined  by  arming  the 
poj)ulation  ;  but  he  was  heartily  abused  for  not  advising  the 
Government  to  have  the  same  Militia  law  for  all  parts  of  Great 
Britain.  A  bill  for  the  purpose  of  raising  a  Militia  in  Scot- 
land was  brought  into  Parliament  in  the  spring  of  1760;  but 
it  could  not  become  law  in  conseciuence  of  the  opposition  of 
the  Government.  Dundas  addressed  the  House  of  Connnons 
agiiinst  it  (the  rough  notes  which  he  used  in  making  his  speech 
are  among  the  Arniston  papers) ;  and  his  opponents  openly 
stated  that  "  this  speech  was  the  price  paid  for  his  being  made 
President  innnediately  after.""  But  for  this  accusation,  it  need 
hardly  be  said,  there  was  no  ground.  The  Militia  Acts  were 
extended  to  Scotland  in  1793,  in  the  days  of  his  brother  Henry 
Dundas. 

Dundas  had  now  reached  the  highest  judicial  position  in 
Scotland,  the  duties  of  which  he  discharged,  with  the  most  dis- 
tinguished ability,  for  the  long  period  of  twenty-seven  years. 
At  this  point  may  be  inserted  an  autobiographical  account  of 
his  career,  which  the  President  wrote  a  few  years  before  his 
death : — 


166  ARNISTON  MEMOIRS.  [1760. 

"  Ski:tch  of  my  Schemes  of  Management  from  November  20th, 

1737,  when  I  RETURNED  TO  SCOTLAND  FROM  FrANCE. 

"I  got  cash  from  my  father  £160,  10s.,  exhausted  by 
arrears  of  board  and  wages  due  to  my  travelling  servant,  and 
expenses  of  entering  advocate.^  Discovered  a  claim  on  my 
Father  most  just,  but  would  have  vexed  him  greatly;  I  paid 
it  without  his  knowledge,  and  thus  began  the  world  i.^300  in 
debt.  Trusting  to  my  resolution  to  be  a  man  of  business,  I 
never  demanded  nor  got  a  shilling  more  from  my  fatlier.  Lived 
with  him,  but  never  allowed  money  to  be  expended  for  myself, 
my  servants,  or  my  horses ;  when  cash  was  necessary,  e.g'.,  for 
oats,  I  paid  it.  Indeed  on  my  marriage  in  October,  1741,^  I 
got  a  settlement,  which  at  an  average  yielded  £2S0  per 
annum.^ 

"  I  found  affairs  (on  succeeding  to  Arniston  at  his  father's 
death  in  1753)  much  encumbered  with  a  great  load  of  debt, 
provisions  to  seven  younger  children,  most  of  them  young  and 
still  uneducated. 

"  I  was  advised  to  take  the  entailed  estate,  and  not  to  inter- 
meddle at  all  with  the  succession.  I  was  greatly  distressed 
betwixt  duty  to  my  own  growing  family,  and  abhorrence  of  a 
step  which  in  some  degree  reflected  on  my  father's  memory. 

"  I  was  relieved  by  a  few  words  from  one  of  the  most  sensible, 
amiable,  and  affectionate  women  that  ever  made  a  man  happy, 
who  spoke  nearly  these  very  words :  '  Take  up  his  succession 
without  hesitation,  keep  your  father's  estate,  be  kind  to  and 
educate  your  younger  brothers  and  sisters,  finish  the  house  and 
policy  about  Arniston,  it  looks  ill  in  its  present  situation ; 
surely  my  estate  and  yours  together  will  leave  an  opulent 
succession  to  our  children  ;  if  necessary  sell  a  part  of  mine,  I 
will  execute  any  deed  you  ever  require.' 

"  Indeed,  after  this,  my  resolutions  were  easily  taken,  and  I 
took  up  my  father's  total  representation  ;  but  I  mention  the 
fact  for  the  honour  of  Mrs.  Baillie's  memory. 

^  Entered  advocate  in  1738. 

2  President  Dundas  married,  in  1741,  Henrietta,  daughter  and  heiress  of  Sir 
James  Carmichael  Baillie,  of  Lamington  and  Penston. 

*  The  lands  of  Newbyres  and  Newbyres  Mill,  which  were  settled  upon  him 
by  his  father,  as  a  provision  on  his  marriage. 


1760.]      AUTOBIOGRAPHY  OF  THE  PRKSIDRNT.  1()7 

"  But  all  these  flatterin<j;  hopes  aiul  pleasing  prospects  were 
totiilly  blasted  011  the  13th  May,  1755,  by  the  unfortunate  and 
unexj)ecte(l  death  of  one  of  the  l)est  of  women.  Then,  indeed, 
I  found  myself  in  an  awkward  and  ticklish  situation.  Possessed 
of  my  father's  esbite,  partly  entailed,  anil  partly  unentailed,  a 
lojul  of  debt,  })aid  or  to  pay  for  him,  also  seven  of  his  younger 
children,  and  six  of  my  own.  I  did  deliberate  with  my  own 
mind,  and  came  to  the  resolution  of  executing  a  fiiculty  personal 
to  me,  of  selling  a  part  of  the  entailed  estate.  To  use  all  my 
interest — which  wius  then  something — with  I^)rd  Chancellor 
Hardwicke,  the  Duke  of  Newcastle,  even  the  Duke  of  Argyle, 
and  this  to  procure  some  assistance  from  his  Majesty's  gene- 
rosity, and  I  was  successful.^ 

"Thus  have  I  explained  my  conduct  with  regard  to  money 
matters  since  my  very  first  entry  on  the  stage  of  life.  On 
reviewing  it  I  cannot  blame  the  principles,  but  I  frankly 
acknowledge  I  have  perhaps  misspent  large  sums  of  money. 
But  as  I  have  not  hurt  my  paternal  estate,  surely  a  man  may 
sport  a  little  with  his  personal  acquisitions,  especially  as  any 
useless  expense  has  chiefly  been  laid  out  to  beautify  and  improve 
the  estate  which  my  son  is  to  enjoy.  Let  it  be  also  attended 
to  that  I  supported  a  family  and  parliamentary  interest,  both 
here  and  in  England.  Had  these  been  allowed  to  decay,  Mr. 
Cockburn  had  never  been  Sheriff*,  nor  Henry  Dundas  Member 
for  the  County,  nor  I  President  of  the  Court  of  Session. 

"If  my  son  follow  business,  things  may  answer  with 
economy  and  good  management.  Idleness  and  dissipation  pro- 
duce certain  ruin.  When  my  manner  of  living,  my  attendance 
six  sessions  in  Parliament,  the  education  of  so  numerous  a 
family,  are  all  considered,  it  cannot  surprise  that  I  have  never 
been  able  to  diminish  my  debt.  It  is  more  just  to  wonder 
how  I  have  hitherto  gone  forward  in  life.  Let  me  then 
tell  the  principles  which  ensured  what  success  in  life  I  have 
enjoyed : — 

"  1st.  Studying  mankind  to  learn  their  tempers; 
"  2nd.  Accommodating  myself  to  various  tempers ; 


'  Alluding  to  a  claim  for  repayment  of  money  disbursed  by  his  father  in  the 
service  of  Government  after  the  rebellion  of  1715.  He  received  reimyment  to 
the  amount  of;^4093. 


168  ARNISTON  MEMOIRS.  [1760. 

"  3rd.  Preserving  inflexible  integrity  ; 
"  Lastly.    For   encouragement    to    my   son    in   steady 
adherence   to    my   profession,   the   profits   of 
the  Bar^  have  yielded  ^41,212. 
"  The  character  I  gained  created  a  degree  of  esteem  in  the 
young  heart  of  Miss  Baillie,  which  (though  vile  arts  were  used) 
never  left  her  till  it  gained  her  total  aff*ection.     This  gained 
me  the  friendship  of  three  worthy  men,  all  inimical  to  my 
father — President  Forbes,  Lord  Hyndford,  and  the   Earl  of 
Findlater ;  and  in  money  it  made  me  independent,  set  me  out 
in  a  high  sphere  of  life,  and  laid  the  foundation  of  all  my 
future  success.""* 

^  It  must  be  remembered  that  these  "profits  of  the  Bar  "  represent  the  sum 
earned  during  a  long  and  successful  career  of  nearly  fifty  years,  twenty-seven  of 
which  were  passed  in  the  President's  Chair. 

President  Dundas  entered  Advocate  in  1 738.  During  the  first  five  years  of 
his  professional  life,  his  "Law  Profits"  averaged  £280  a  year.  From  1743  to 
1754,  eleven  years  of  what  may  be  called  the  second  stage  of  his  professional 
career,  when  he  held  the  office  of  Solicitor-General,  and  was  chosen  Dean  of  the 
Faculty,  his  "Law  Profits  "  averaged  ;i^546'  During  the  six  years  from  1754  to 
1760  while  Lord  Advocate,  and  M.P.  for  the  County  of  Edinburgh,  at  the  head 
of  his  profession,  and  leader  of  the  Scotch  bar,  his  "Law  Profits"  averaged 
^^1500  a  year.  His  receipts  as  Advocate,  during  twenty-two  years,  were  under 
;^i8,ooo.  As  President,  his  salary  at  first  was  £1200,  subsequently  ^^  1500,  and 
finally  ;(^i8oo  a  year. 


CHAPTER  X. 
THE  SECOND  PRESIDENT  DUN  DAS — conlinued. 

King  Geoiu;k  thk  Second  died  on  the  25th  of  October  1760  ; 
and  in  the  world  of  politics  men  speculated  on  the  changes 
which  niiglit  soon  be  seen,  tlie  certain  advancement  of  Lord 
Bute,  the  chances  of  tlie  general  election  whicli  wa.s  now 
necessary,  and  the  distribution  of  honours  with  which  the  new 
reign  miglit  be  expected  to  commence.  The  Lord  President, 
thougli  never  allowing  political  concerns  to  interfere  witli  his 
devotion  to  the  duties  of  his  office,  jealously  watched  for  any 
encroachment  on  the  family  influence  (which  now,  indeed,  was 
passing  into  the  guardianship  of  hands  abler  even  than  his 
own),  and  continued,  amidst  all  clianges,  his  correspondence 
witli  official  personages  in  London,  by  whom  he  was  kept  fully 
informed  of  everything  that  was  passing  in  ministerial  circles. 

Lord  Hardwicke  to  Lord  President  Dundas. 

Gkosvknor  Square,  Nov.  13,  1760. 

Mv  DEAR  Lord, — The  sudden,  most  melancholy,  and  afflicting 
event,  which  happened  on  the  very  day  your  Lordship's  last 
letter  was  writ,  so  struck  my  mind  and  engrossed  my  thoughts,  as 
well  as  brought  on  so  busy  and  hurrying  a  scene,  that  I  have  been 
hindered  from  acknowledging  it  till  now.  I  will  only  say  we 
have  lost  a  great  and  gracious  master,  whose  memory  I  shall 
always  revere,  and  to  whom  I  shall  ever  acknowledge  my  many 
obligations  with  the  utmost  gratitude.  I  know  your  Lordship 
thinks  in  the  same  manner. 

Our  present  sovereign  sets  out  in  the  most  amiable  manner ; 
engages  all  hearts  by  the  sweetness  of  his  temper,  and  every 
praiseworthy  quality ;  and  gives  the  most  promising  hopes  of  the 
happiest  and  best  government.  His  Majesty  has  shown  great 
grace  and  regard  to  the  old  servants  of  his  ^andfather ;  invited 


170  ARNISTON  MEMOIRS.  [1761. 

the  Duke  of  Newcastle  to  continue  in  his  service,  who,  notwith- 
standing his  age,  has  accepted ;  which,  as  it  was  attended  with 
the  most  pressing  instances  of  all  his  friends,  has  met  with  a  very 
general  approbation.  From  hence  your  Lordship  may  safely  con- 
clude you  have  some  friends  about  the  Court. 

Lord  Hardwicke  to  Lord  President  Dundas. 

Grosvenor  Square,  Dec.  31,  1761. 

Your  letter  of  the  2P*  made  me  extremely  happy  by  the 
persuasion  it  gave  me  of  your  Lordship's  good  health,  and  of  your 
kind  remembrance  of  your  old  friends.  I  am  extremely  obliged 
to  you  for  the  continuance  of  your  goodness  in  the  second  volume 
of  L^  Fountainhall's  laborious  lucubrations.  Your  Lordship's 
observation  is  extremely  true  that  it  does  not  furnish  so  many 
anecdotes  as  the  former.  That  makes  it  fall  short  in  indulging 
the  curiosity  of  such  readers  as  myself,  who  have  look'd  upon  it 
historically.  But  it  is  much  for  the  happiness  of  the  country,  and 
strongly  marks  the  difference  between  the  Government  preceding 
the  Revolution,  and  that  subsequent  to  it ;  tho'  I  entirely  agree 
with  your  Lordship  in  opinion,  that  the  real  and  uniform  liberty 
of  Scotland  commenced  with  the  Union.  Before  that  period,  one 
reign  might  be  better,  and  more  regular  and  moderate  than 
another.  But  the  publick  law  of  your  country  was  under  the 
greatest  uncertainty,  and  subject  to  arbitrary  decision  and 
execution. 

Your  Lordship's  friends  here  are  in  good  health,  particularly 
the  Duke  of  Newcastle,  and  as  much  your  friends  as  ever;  not 
happy  in  being  under  the  necessity  of  seeing  a  Spanish  war  added 
to  a  P'rench  one ;  but  as  it  is  plain  that  Spain  had  taken  her  part, 
and  it  was  become  unavoidable,  it  must  be  supported  and  repelled 
with  spirit.     Ne  cede  malis,  sed  contra,  audeutior  ito. 

Lord  Hardwicke  to  Lord  President  Dundas. 

Grosvenor  Square,  March  16,  1762. 
I  am  extremely  obliged  to  your  Lordship  for  your  kind  present 
and  kinder  letter,  which  gave  me  much  pleasure.  The  latter 
made  me  hope  that  you  were  got  free  from  the  gout,  and  had 
recovered  your  health  and  spirits.  This  was  very  agreeably  con- 
firmed to  me  by  M^  MoncriefF  when  he  was  so  good  as  to  deliver  me 
the  book  of  decisions  of  the  English  judges  during  the  usurpation 
by  your  Lordship's  order.     I  will  confess  to  you  that  I  am  a  little 


1761.]         LETTERS  FROM  LORD  HARDWICKK.  171 

an^ry  with  the  editor  tor  publishing  a  work  of  that  kind  so  drily 
and  nakedly,  without  the  names  of  those  judges,  or  any  historical 
anecdotes  accompanying  it.  This  was  the  more  material,  as  it  is 
chiefly  a  matter  of  curiosity,  since  I  doubt  much  whether  your 
Lordship  and  your  brethren  will  suffer  the  decisions  to  be  quoted 
u|K)n  you  as  authorities.  There  is  very  little  to  be  found  about 
this  constitution  in  the  histories  of  those  times.  ...  In  White- 
locke's  Memorials  I  find  two  short  notes,  page  508,  of  their  first 
appointment  to  sit  at  the  usual  place  ;  and  page  .'SOf),  that  they 
met  and  heard  a  sermon,  and  that  Mr.  Smith,  one  of  them,  made 
a  speech  to  the  company  on  the  occasion  of  their  meeting.  This 
is  the  only  name  I  can  find  ;  and  'tis  remarkable  that  it  is  the 
same  with  your  first  English  Chief  Baron  after  the  Union.  If 
your  Lordship  could,  without  trouble,  procure  me  any  historical 
anecdotes  concerning  these  Kinles.s  Rascais  I  should  esteem  it  a 
favour. 

As  a  Scotch  militia  has  been  stirring  in  Scotland,  so  it  has  to 
a  certain  degree  here,  and  a  meeting  of  the  Scotch  members  has 
been  held  upon  the  subject.  As  to  myself  I  have  made  up  my 
mind  upon  that  point ;  omnia  praecejji  et  viecuvi  animo  ante  peregi. 
But  I  had  the  comfort  to  be  informed  yesterday  that  it  is  likely 
to  be  entirely  laid  aside,  at  least  for  this  session.  1  am  sure  it 
would  be  destruction  to  Scotland,  and,  as  a  friend  to  that  countrj', 
am  entirely  against  it.  Those  who  shall  prevent  its  being  brought 
in  will  act  the  wisest  part,  not  only  for  this  administration  but  for 
Scotland  itself. 

I  am  much  penetrated  with  the  friendship  of  what  your 
Lordship  is  pleased  to  say  about  my  son  Charles.  ^  I  must  own  it 
gives  me  no  small  satisfaction  to  see  him  placed  in  so  high  a 
station  in  his  profession,  which  I  filled  for  so  many  years.  It  is  a 
natural  vanity  in  an  old  man  and  a  father. 

I  showed  your  letter  to  the  Duke  of  Newcastle,  who  is  much 
obliged  for  your  kind  remembrance  and  regard  to  him.  You  have 
made  us  very  idle  in  the  House  of  Lords  by  letting  us  have  no 
Scotch  appeals. 

It  was  not  long  before  the  ascendency  of  Lord  Bute  led  to 
trouble.  The  old  Duke  of  Newcastle  loved  office  with  an  abiding 
love ;  but  even  he  could  not  consent  to  be  Prime  Minister  in 
name,  when  he  found  himself  deprived  of  all  voice  in  questions 
of  either  policy  or  patronage.     He,  therefore,  resigned  on  the 

*  Charles  Yorke,  appointed  Attorney  General  in  1762. 


172  ARNISTON  MEMOIRS.  [1763. 

plea  that  he  could  not  remain  in  office  unless  the  war  subsidy 
to  Prussia  was  continued.  His  real  reasons  are  given  in  the 
following  long  letter  to  tlie  Lord  President : — 

Duke  of  Newcastle  to  Lord  President  Dundas. 

CLAREMONT,yim^  5///,   1 763. 

My  dear  Lord, — The  return  of  our  most  worthy  friend.  Sir 
Alex^  Gilmour,  to  Scotland,  furnishes  me  with  an  opportunity  of 
renewing  to  your  Lordship,  by  a  safe  conveyance,  the  sincere 
assurances  of  the  continuance  of  my  affection  (if  you  will  allow  me 
to  make  use  of  that  expression)  and  most  unalterable  regard  and 
respect  for  you.  Permit  me  to  add  the  great  satisfaction  which  the 
universal  credit  and  reputation,  which,  by  confession  of  every- 
body, your  Lordship  has  established,  not  only  in  your  own  Court, 
but  thro'out  the  kingdom,  has  given  me,  who  have  always  known 
and  have  been  glad  to  do  justice  to  your  Lordship's  merit,  your 
ability  and  zeal,  in  the  cause  of  your  country,  and  in  the  support 
of  the  Protestant  succession  in  his  Majesty's  Royal  Family.  No 
absence  or  distance  can  make  me  alter  my  opinion  upon  your 
Lordship's  subject,  and  I  am  equally  persuaded  that  if  you  had 
been  here  you  would  have  approved  of  every  step  which  the  Duke 
of  Devonshire,  my  Lord  Hardwicke,  and  myself,  have  taken  in 
public  affairs. 

When  the  nation  (and  indeed  all  Europe)  had  the  misfortune 
to  lose  my  late  dear  Master,  under  whom  it  had  been  happy  for 
so  many  years,  I  despaired  of  being  of  any  further  service,  in 
employment  to  the  king,  my  country,  and  my  friends.  I  con- 
cluded (as  has  happened)  that  new  men  must  produce  new 
measures  and  new  favorites.  However,  his  Majesty  was  pleased 
to  desire  that  I  should  continue  in  my  employment,  and  most 
graciously  promised  me  his  countenance  and  support.  Lord  Bute 
seem  d  also  to  wish  that  I  should  continue.  But  that  which 
determined  me  to  make  the  trial  was  the  gracious,  the  very 
earnest  exhortation  of  his  Royal  Highness,  the  Duke  of  Cumber- 
land, the  strong  importunities  of  my  friends,  the  Duke  of  Bedford, 
the  Duke  of  Devonshire,  the  Marquess  of  Rockingham,  and,  in 
short,  all  those  who  had  the  greatest  regard  for  the  late  king's 
memory,  and  for  the  support  of  the  Government,  upon  the  same 
principles  that  it  had  been  carried  on  ever  since  the  happy 
accession  of  his  Majesty's  Royal  Family  to  the  Crown. 

I  did  apprehend  that   things  would  end  as  they  have   done. 


1763.]  THE  DUKE  OF  NEWCASTLE.  173 

But,  however,  I  submitted  to  my  friends,  who  put  the  whole  upon 
the  necessity  of  making  a  trial,  and  not  deserting  the  Whi^  and 
that  cause,  till  I  should  see  that  I  could  not  be  of  any  service, 
which  they  now  own  that  I  have  sufficiently  seen. 

When  I  found  that  I  had  not  the  least  credit  even  in  my  own 
office,  and  that  my  own  Board  were  to  act  against  me,  and 
measures,  relating  to  the  supplies  to  be  ask'd  in  Parliament,  were 
in  direct  opposition  to  my  opinion,  countenanced  and  supjwrted  by 
my  Lord  Bute  and  his  successor,  M'  George  Grenville ;  and  when 
the  Duke  of  Devonshire,  my  Lord  Hardwicke,  and  myself  (who 
constantly  agreed),  found  that  we  had  not  the  least  weight  in 
Council,  and  that  no  attention  was  given  to  our  opinions  there,  I 
then  thought  that  it  could  be  no  longer  expected  that  I  should 
make  such  a  contemptible  figure  in  business,  when  I  could  not 
be  of  the  least  service  to  the  King,  the  public,  or  my  friends.  I 
therefore,  with  the  approbation  of  my  friends,  resigned  my  office 
in  the  Treasury. 

Some  time  after  the  violence  began,  and  all  possible  marks  of 
disgrace,  contempt,  and  resentment  were  shew'd  to  those  who  had 
acted  all  their  lives  with  the  most  distinguished  zeal  for  this  Royal 
Family,  and,  as  was  my  unfortunate  case,  even  to  all  persons  who 
were  supposed  to  be  my  friends,  whether  they  were  put  in  by  me, 
or  by  Sir  Robert  Walpole,  or  my  brother,  of  which  there  are  some 
very  strong  instances. 

All  sorts  of  reports  are  spread,  and  imputations  thrown  out 
without  the  least  foundation,  against  those  who  are  supposed  not 
to  approve  the  present  measures  or  men,  and  particularly, 
endeavours  have  been  used  to  make  all  your  countrj^men  believe 
that  we  are  enemies  to  Scotland  and  to  everybody  there. 

It  is  very  unfortunate  for  the  public  that  the  conduct  of  the 
administration  has  been  such  as  might  bring  any  point  in  dispute 
which  related  to  either  part  of  the  United  Kingdom.  All  true 
friends  to  their  country  are  friends  to  both.  And  I  am  sure  your 
Lordship  knows  us  too  well  to  have  any  the  least  thought  or 
suspicion  that  we  old  friends  here  can  have  any  intention  of  that 
kind. 

It  has  indeed  grieved  and  mortified  us,  both  as  to  England  and 
Scotland,  to  see  that  the  favors  are  generally  bestowed  upon  those 
families  in  both  parts  of  the  kingdom  who  have  not  (till  now) 
ever  distinguished  themselves  for  their  zeal  for  this  Royal  Family. 
And  I  can  never  imagine  that  our  zealous  friends  in  Scotland,  no 
more  than  in  England,  can  ever  think  the  disapprobation  of  such 
distinctions  and  such  preferences  ought  to  be  blamed  in  us. 


174  ARNISTON  MEMOIRS.  [1763. 

My  good  friend.  Sir  Alex"^  Gilmour,  who  acts  upon  the  same 
principles,  and  in  concert  with  the  same  persons,  as  your  Lordship 
and  his  father  did,  and  he  himself  has  done  ever  since  you  so 
kindly  gave  him  your  powerful  assistance  in  his  election,  is  very 
much  threaten' d  by  those  with  whom  he  and  the  rest  of  his  friends 
have  differ'd  ;  and  particularly  that  he  shall  not  be  chose  again  for 
the  county  of  Edinburgh.  I  thank  God,  in  all  appearance,  new 
elections  are  very  remote,  but  I  have  ventured  to  assure  him  of 
the  continuance  of  your  Lordship's  goodness  and  powerful  support 
of  him  ;  and  if  I  could  ever  merit  any  attention  from  your  Lord- 
ship, I  should  hope  you  would  continue  your  good  opinion  of  Sir 
Alex^  Gilmour,  who  indeed  deserves  it.  Sir  Alexander  is  greatly 
esteemed  by  all  who  know  him,  and  particularly  by  the  Duke  of 
Grafton,  Lord  Granby,  my  Lord  Hardwicke,  my  nephew,  my  Lord 
Cornwallis,  and  myself. 

A  desire  to  give  your  Lordship  some  sketch  of  our  situation 
here,  and  particularly  of  myself,  has  brought  this  trouble  upon  you. 
You  must  see  the  confidence  I  repose  in  you,  and  I  must  insist 
upon  it,  as  an  old  friend  and  humble  servant,  that  you  do  not  suffer 
one  word  of  this  letter  to  be  known  to  anybody  but  my  Lord 
Kinnoull  and  yourself;  and  that  your  Lordship  would  let  me  have 
the  satisfaction  to  know  that  you  have  burnt  it. 

My  own  hand  is  scarce  to  be  read  by  anybody  but  those  who 
are  constantly  used  to  it.  I  have  therefore  taken  the  liberty  to 
make  use  of  my  chaplain's  hand,  whom  I  entrust  with  all  my  secret 
cori'espondence.  1  beg  you  would  make  my  compliments  to  my 
old  friend,  your  father-in-law,  and  to  all  those  who  may  have  the 
goodness  to  preserve  some  regard  for  one  who  has  been  a  very 
sincere  friend  and  humble  servant  and  well-wisher  to  all  your 
Lordship's  friends,  and  to  those  who  acted  upon  your  principles. — 
I  am.  My  dear  Lord,  with  the  sincerest  respect  and  affection,  your 
Lordship's  most  obedient  and  humble  servant, 

HoLLEs  Newcastle. 


Lord  Hardwicke  to  Lord  President  Dundas. 

Grosvenor  Square, /tme  12,  1763. 
Having  a  convenient  opportunity  by  our  worthy  friend.  Sir 
Alex'^  Gilmour,  I  presume  to  renew  a  correspondence  which  has 
been  long  intermitted.  The  opinion  which  prevails  of  the  in- 
fidelity of  your  post,  has  been  the  chief  occasion  of  it  on  my  part  ; 
how  far  it  may  have  been  any  ingredient  on  yours  I  am  not  a 


1763]  THK  STATE  OF  PARTIKS.  175 

competent  jiuige.  But  if  one  cannot  write  to  a  friend  with  that 
freedom  which  is  requisite  to  let  him  into  the  writer's  way  of 
thinkin^jf  on  the  subject  in  question,  I  am  sure  it  cannot  inform, 
and  may  jwssibly  mislead. 

The  scene  is  prodigiously  changed  since  your  Lordship  saw  us  ; 
indeed,  it  has  changed  several  times.  The  actors  who  have  gone 
off  and  come  on  you  know,  and  in  general  the  motives  are  no 
secret.  I  think  none  of  the  persons  whom  you  honoured  with 
your  friendship  here  have  been  left  ujK)n  the  stage  some  time. 
As  to  myself,  no  great  part  could  be  taken  from  me,  because  I 
had  none.  But  that  seat  which  I  had  been  pennitted  to  retain  in 
the  King's  Council  I  was  excluded  from  just  before  the  last 
session  of  Parliament.  When  I  said  ihe  motives  of  these  alterations 
are  no  secret,  I  meant  the  object  of  them  must  appear  to  every- 
body to  have  been  the  elevation  and  support  of  one  man's  jxtwer. 
A  conduct  too,  in  my  apprehension,  not  necessary  to  that  end,  if 
it  be  considered  from  the  time  of  our  friend,  the  Duke  of  New- 
castle, being  forced  out  to  this  day.  For  a  forcing  out  it  undoubt- 
edly was,  and  it  was  afterwards  followed  by  a  cruel  and  unheard 
of  persecution  of  all  his  friends  and  dependants,  especially  in  the 
inferior  employments,  altho'  they  had  given  no  offence.  Surely 
nothing  was  ever  more  unnecessary  or  unwise  than  to  break  that 
administration  before  a  peace  was  made,  which,  I  am  convinced, 
might  have  been  much  better  made,  and  more  to  the  public  satis- 
faction, had  that  administration  been  kept  entire.  And  the  con- 
sequence has  been,  according  to  present  appearances  (how  real 
and  sincere  I  will  not  pretend  to  answer  for),  the  pulling  down  of 
that  power  which  it  was  meant  to  build  up. 

Your  Lordship  has  undoubtedly  heard  of  me  as  an  opposer. 
It  is  true  that,  in  conjunction  with  several  of  your  Lordship's  and 
my  old  friends,  I  have  opposed  certain  particular  measures. 
When  I  have  done  so  it  has  been  according  to  my  judgement  and 
conscience,  with  the  greatest  duty  to  the  king,  and  a  sincere  zeal 
for  his  service,  and  that  of  the  publick ;  and  I  am  not  ashamed  of 
it.  That  great  scene,  the  Parliament,  is  over,  but  we  are  now  got 
into  a  strange  flame  about  an  object,  in  himself  of  no  great  con- 
sequence, Mr.  Wilkes ;  and  it  has  spread  far  and  wide.  I  trust 
your  Lordship  will  not  believe  that  I  have  made  myself  a  partizan 
in  that  cause.  How  far  the  particular  paper  for  which  he  is  pro- 
secuted is  a  seditious  libel,  is  by  the  Crown  submitted  to  the  Law, 
and  there  it  ought  to  be  determined.  I  daresay  your  Lordship 
will  not  suspect  me  of  countenancing  any  indecent  treatment  of 
the  king,  whom  I  honour  and  revere,  and  for  whom  my  duty  and 


176  ARNISTON  MEMOIRS.  [1763. 

affection  are  invariable,  and  that  you  will  as  little  suspect  me  of 
approving  any  abuses  and  calumnies  upon  Scotland  as  a  nation — a 
practice  which  I  have  always,  in  concurrence  with  my  friends, 
disapproved  and  condemned. 

I  have  had  the  happiness  to  be  acquainted  with  too  many 
persons  of  worth  and  honour  in  Scotland,  to  give  an  ear  to  such 
injurious  reflexions.  And  I  hope  I  may  appeal  to  my  zealous 
endeavours,  both  in  and  out  of  employment,  for  extending  the 
liberty,  and  promoting  the  welfare  of  that  country,  as  well  as  for 
improving  the  Union  in  general,  as  proofs  that  I  am  utterly 
incapable  of  giving  countenance  to  anything  that  may  tend  to 
postpone  and  disappoint  that  great  national  end.  I  don't  say  this 
from  an  apprehension  that  I  stand  in  need  of  a  justification  to 
your  Lordship.  It  would  be  doing  injustice  to  our  friendship  to 
suppose  it.  But  I  have  heard  that  attempts  have  been  made  to 
represent  or  insinuate  me  and  my  friends  as  enemies  to  Scotland, 
and  was  willing  to  enable  you  positively  to  contradict  them.  I  do 
not  mean  that  your  Lordship  should  do  this  officiously,  or  by  avow- 
ing that  you  have  it  by  any  direct  correspondence  with  me,  but 
only  to  warrant  your  doing  it  with  certainty,  whensoever  you  shall 
see  occasion. 

I  hope  your  Lordship  enjoys  perfect  health.  I  need  wish  you 
no  more,  for  I  hear  with  the  greatest  pleasure  how  successfully 
and  honourably  you  go  on  in  discharging  the  functions  of  your 
high  office,  with  an  encrease  of  applause  in  the  public  and  of  your 
own  fame.  On  this  head  I  can  only  say,  Fac  ntfacis  ;  and  for  the 
rest,  be  assur'd  that  I  continue  to  be,  as  you  have  always  known 
me, — My  dear  Lord,  your  Lordship's  most  faithful  and  most 
obedient  humble  servant,  Hardwicke. 

May  I  presume  to  beg  that  when  you  see  my  Lord  Hopetoun, 
you  will  be  so  good  as  to  present  my  most  respectful  compliments 
to  his  Lordship,  and  not  to  forget  my  old  friend.  Lord  Preston- 
grange. 

June  21th. — My  letter  was  writ  at  the  time  of  the  first  date, 
but  has  lain  by,  by  reason  of  Sir  Alex'^'s  very  rightly  staying  here 
to  attend  his  Majesty  in  his  post  at  the  review  of  the  Guards. 

A  curious  episode  in  the  history  of  Scottish  Administration 
happened  in  1765.  In  that  year,  when  the  Regency  Bill  was 
under  consideration,  the  omission  from  its  clauses  of  the  name 
of  the  Princess  Dowager  of  Wales  led  to  the  dismissal  of 
Grenville.       He   was   succeeded,   as   Prime   Minister,   by  the 


1765]     THE  "SCOTTISH  MANAGER"  QUESTION.         177 

Mar(juis  of  Hcx'kin'^hani,  who,  at  the  request  of  the  Duke 
of  Cuin])erhuul,  forinetl  a  Ministry.  In  that  Ministry  the 
Duke  of  Newciistle  wits  Ix)r(i  Privy  Seal.  To  him  was  ap- 
parently intrusted  the  duty  of  arranging  the  manner  in  which 
the  business  of  Scotland  wius  to  be  carried  on,  for,  on  the  15tli 
of  October,  the  I^>rd  President  received  from  his  friend  I^)rtl 
Hopetoun  a  letter  in  whicli  was  enclosed  a  piece  of  paper,  on 
which  were  tiiese  words :  "  t'opy  of  a  paragra})h  of  a  letter 
from  the  D.  of  N.  to  1^1.  H.,  Oct.  10,  1765.  I  wish  for  my 
own  private  information  that  I  could  know  my  old  friend  the 
President's  thoughts,  and  your  Lo}).'s,  into  whose  hands  the 
affairs  of  Scotland  should  be  put.  My  present  thoughts  are, 
and  I  believe  of  all  my  friends  here,  that  in  some  shape  or 
other  my  Ld.  President  must  have  the  correspondence  and  the 
conduct  of  them.'"' 

In  his  letter  to  the  President,  enclosing  this  j)aragraph  from 
the  Duke,  Lord  Hopetoun  said  that  he  understood  it  "  as  a  way 
of  asking  whether  you  would  undertake  what  is  proposed,  to 
avoid  making  any  more  propositions  that  may  be  declined.'" 
He  advised  the  President  to  write  to  the  Duke,  and  at  the 
same  time  declined  to  give  his  own  opinion  on  what  he  de- 
scribed as  "  too  delicate  a  point  to  give  advice  upon.""  The 
rough  draft  of  the  President's  letter  to  the  Duke  of  Newcastle 
is  among  the  Arniston  papers,  so  full  of  erasures  and  marginal 
additions  as  to  be  almost  illegible.  It  seems  to  have  been 
corrected  and  recorrected  with  the  greatest  care.  In  the  end 
it  was  a  decided  expression  of  opinion  that  it  would  be  im- 
proper for  him  to  assume  the  functions  of  a  Scottish  Minister. 
"  I  confess,""  he  says,  "  that  I  have  long  entertained  an 
opinion  that  the  management  of  the  public  affairs  in  Scot- 
land is  improper  for  any  Judge,  if  not  entirely  incompetent 
with  his  character.  We  are,  or  ought  to  be,  sequestered, 
in  a  great  degree,  from  the  world  for  six  months,^  and 
deprived  of  a  free  interchange  and  communication  with  our 
friends.'' 

He  was  requested  to  go  to  London  and  consult  Ministers, 
but  declined  ;  and  with  the  following  letters  the  correspondence 
on  the  subject  ended  : — 


*  During  the  sittings  of  the  Court  of  Session. 
M 


178  ARNISTON  MEMOIRS.  [1765. 

Lord  George  Beauclerk  ^  to  the  Lord  President. 

Upper  Brook  Street,  18  Oct.  1765. 
My  Lord, — We  arrived  here  on  Sunday  last.  I  can't  say  it 
was  so  pleasant  a  journey  as  I  expected,  as  I  was  obliged  to  leave 
two  of  my  horses  sick  at  Newark,  and  the  other  four  at  Stilton, 
but  got  here  the  remainder  of  the  road  post.  .  .  .  This  morning 
I  went  to  pay  my  respects  to  the  Marquis  of  Rockingham,  who 
had  a  private  levee.  ...  I  took  the  liberty  to  say  it  would  be 
necessary  to  have  somebody  in  Scotland  to  correspond  with.  He 
agreed  in  that  point  very  readily,  and  said  he  had  some  knowledge 
of  your  Lordship.  I  assure  you  I  was  very  happy  in  having  an 
opportunity  of  acquainting  his  Lordship  that  I  had  a  particular 
knowledge  and  regard  for  your  Lordship.  He  then  asked  me  if 
your  business  could  permit  you  to  come  up  now,  as  he  would  be 
very  glad  to  have  some  conversation  with  you,  which  would 
answer  much  better  than  by  letter,  in  which  to  be  sure  he  was 
right,  but  at  the  same  time  I  said  I  was  afraid  it  was  not  possible 
now,  as  the  Sessions  were  to  meet  the  12th  of  next  month.  I 
told  his  Lordship  there  would  be  an  intermission  of  the  Court  at 
Xmas  for  three  weeks  or  a  month,  and  was  not  certain  whether 
that  might  not  suit  you,  etc.  etc.  etc.,  G.   Beauclerk. 

The  Lord  President  to  Lord  George  Beauclerk. 

Arniston,  Nov.  9,  1765. 
My  Lord, — My  having  been  from  home,  and  indeed  the  desire 
of  coolly  considering  some  part  of  the  contents  of  your  Lordship's 
letter  is  the  cause  of  my  not  sooner  acknowledging  your  goodness 
and  friendship  expressed  in  it.  But  I  little  expected  that  1  was  to 
answer  it  with  a  heart  full  of  real  grief  and  anguish  by  the  accounts 
we  received  of  the  death  of  his  Royal  Highness  the  Duke.^  Your 
Lordship  knows  better  than  any  other  person  now  living  my 
sentiments  in  publick  affairs,  and  also  the  regard  and  esteem  as  a 
private  man  I  bore  for  that  valuable  personage.  Nobody  can, 
better  than  your  Lordship,  form  an  idea  of  my  private  concern 
and  of  my  publick  fears.  The  first  must  be  combated  in  my  own 
mind,  but  I  wish  to  God  the  last  may  be  disappointed,  and  that  I 
may  find  myself  wrong  in  my  present  notions.  So  great  a  publick 
loss  scarce  leaves  any  place  for  mourning  the  losses  of  private 

^  General  Lord  George  Beauclerk,  sixth  son  of  the  first  Duke  of  St.  Albans. 
-  The  Duke  of  Cumberland. 


1766.]  DKATH  OF  LORD  MILTON.  179 

families,  but  I  assure  you  that  (as  on  every  otiier  tiling  relating  to 
your  I^rclship  and  Lady  Heauclerk)  I  take  part  in  the  death  of  so 
near  a  relation. 

1  cannot  refrain  from  returning  your  Lordship  most  sincere 
and  unfeigned  thanks  for  the  friendshij)  you  have  shown  me  in 
the  conversation  you  mention  with  a  noble  Lord.  It  was  extremely 
right  to  say  that  coming  to  London  at  this  time  was  impossible, 
but  it  is  equally  impracticable  at  Xmas  for  only  three  short  weeks' 
vacation,  when  I  must  employ  a  good  deal  of  the  time  in  preparing 
the  causes  to  be  determined  in  the  two  following  months.  But, 
indeed,  another  objection  occurs.  My  going  to  London  at  that 
unusual  season  would  make  a  great  noise,  and  make  me  considered 
either  as  a  Scots  Minister,  or  as  a  person  seeking  it  and  disappointed 
The  impropriety  of  the  last  is  apparent.  As  to  the  first,  I  am 
nowise  proper  for  it,  nor  would  my  character  permit  me  to  act  or 
correspond  on  many  affairs  very  material  for  his  Majesty's  servants 
in  England  to  direct.  I  need  only  mention  elections,  etc.  At 
the  same  time  I  will  freely  unbosom  myself  to  your  Lordship,  who 
knows  my  real  regard  for  the  constitutional  principles,  and  for 
many  of  the  particular  persons  who  now  act  under  his  Majesty. 
1  am  not  so  self-denied  as  not  to  believe  I  might  be  of  some  use 
in  this  country  in  pointing  out  whom  they  might  trust  and  whom 
they  ought  not,  and  perhaps  in  some  matters  I  could  serve  them 
by  the  private  interest  and  connections  I  have  formed.  Your 
Lordship  well  knows  that  nobody  can  maintain  a  proper  interest 
without  being  able  at  times  to  recommend,  and  you  also  know 
how  abundantly  the  smallest  connection  of  certain  people  ^  in  this 
country  have  been  rewarded. — I  am,  etc.,  R.  Dundas. 

In  December  1766  Lord  Milton  died,  in  his  seventy-fifth 
year,  having  survived  his  old  patron,  the  Duke  of  Argyll,  but 
maintaining  to  the  end  his  interest  in  the  intrigues  and  political 
changes  of  the  time.  He  had  retained  his  seat  on  the  bench 
after  resigning  the  Justice-Clerk''s  chair  in  1748 ;-  and  there 
was,  therefore,  now  a  vacancy  among  the  judges.  The  member 
of  the  bar  chosen  to  take  his  place  was  James  Burnett  of 
Monboddo,  afterwards  well  known  as  the  learned  but  eccentric 
Lord  Monboddo,  whose  theory  that  the  human  race  was 
originally  "gifted  with  tails'"  was  the  subject  of  so  many  jokes 

^  Adherents  of  the  Argyll  interest. 
-  Supra,  p.  103. 


180  ARNISTON  MEMOIRS.  [1766. 

in  the  Parliament  House.  Burnett  was  one  of  the  counsel  for 
Mr.  Douglas  in  the  famous  Douglas  cause,  which  had  now, 
for  five  years,  been  agitating  all  classes  in  Scotland  to  an 
extraordinary  extent.  The  following  letter  which  President 
Dundas  received,  on  the  subject  of  the  proposed  appointment, 
shows  how  bitter  were  the  passions  excited  by  this  great  law- 
suit : — 

Duke  of  Queensberry  to  the  Lord  President. 

My  Lord, — As  I  had  reason  to  believe  that  your  Lordship 
approves  of  Mr.  Burnett's  coming  on  the  bench  when  the  expected 
vacancy  shall  happen,  and  finding  no  difficulty  here  when  I  first 
proposed  him,  I  thought  it  would  be  giving  your  Lordship  un- 
necessary trouble  to  desire  you  to  express  your  sentiments  in  a 
letter.  But  a  very  extraordinary  occurrence  has  lately  happened 
which  makes  it  very  desireable. 

The  Duchess  of  Hamilton  has  taken  it  into  her  head  within 
these  few  days  to  exclaim  against  Mr.  Burnett's  being  to  be  made 
a  judge,  because  he  was  a  zealous  Advocate  against  her  cause 
(as  she  calls  it).  That  is  a  strange  reason  to  give,  and  if  admitted 
as  an  objection,  would  imply  a  very  injurious  reflection.  She  has, 
however,  seriously  and  warmly  applied  by  letter  and  otherwise  to 
the  Ministers  of  State  to  endeavour  to  prevent  Mr.  Burnett's 
appointment  by  the  most  unjustifiable  means.  My  conduct  has 
shown  that  I  have  a  very  different  way  of  thinking,  never  doubt- 
ing that  justice  will  be  strictly  attended  to  by  men  of  probity  on 
the  bench,  howsoever  they  may  have  been  engaged  as  counsel. 
.  .  .  The  Ministry  in  general  look  upon  her  Grace's  objection  in 
its  true  light,  as  being  very  absurd  and  founded  in  malice,  except 
one  man  among  them,  who  has  been  influenced  by  her.  For  my 
part,  I  have  declared  to  them  all  that  if  it  were  possible  that  her 
Grace's  opinion  should  prevail  against  mine,  I  would  no  longer 
hold  the  office  I  have ;  but  at  the  same  time  I  have  appealed  to 
your  Lordship's  opinion.  .  .  . — I  am,  etc.,  Queensberry. 

Both  the  late  and  present  Chancellor  treat  the  objection  as  it 
deserves.  I  have  not  informed  Mr.  Burnett  of  this  malicious 
attack  upon  him,  which  I  hope  will  be  soon  put  an  end  to,  and 
therefore  I  have  not  wrote  to  him  at  present. 

Burnett  was  appointed ;  and  it  is  said  that  a  habit  (one 
of  his  well-known  peculiarities)  of  preferring  to  sit  among  the 


1767]  THE  DOUGLAS  CAUSE.  181 

clerks  at  the  table,  rather  than  ainoii^  the  other  judges,  began 
from  the  tlay  on  whicir  he  hml  to  deliver  his  opinion  on  the 
Douglas  cause,  when  he  declared  that,  having  been  a  counsel 
in  the  case,  he  felt  a  delicacy  in  giving  his  judgment  from  the 
bench!  I^)rd  Cockburn,  however,  says  that  "some  offence 
had  made  him  resolve  never  to  sit  on  the  siime  bench  with 
President  Dundas  ;  and  he  kept  this  vow  so  steadily  that  he 
always  sat  at  the  clerks'  table  even  after  Dinuhus  was  gone/'' 

It  wiis  on  the  7th  of  July  1767  that  the  Court  met  to  give 
judgment.  The  cpiestion,  it  is  |)erhaps  necessiiry  to  explain, 
was  whether  Archibald  Steuart  was  or  was  not  the  son  of  Sir 
John  Steuart  of  GrandtuUy  and  Lady  Jane  Douglas,  sister  of 
the  Duke  of  Douglas.  If  he  succeeded  in  establishing  that  he 
was,  lue  was  entitled  to  claim  the  esbites  of  the  last  Duke 
of  Douglas,  who  had  died  in  1761.  The  guardians  of  the 
Duke  of  Hamilton,  then  a  minor,  opposed  him,  maintaining 
that  he  was  the  son  of  poor  parents,  a  Frenchman  and  his  wife, 
from  whom  Lady  Jane  and  her  husband  had  fraudulently 
obtained  him.  The  date  of  his  birth  was  said  to  be  July  1748. 
Both  Sir  John  Steuart  and  Lady  Jane  were  now  dead. 

The  case,  simple  as  the  actual  issue  was,  presented  formid- 
able difficulties  from  the  complicated  nature  of  the  evidence. 
The  judges  were  equally  divided  ;  and  Lord  President  Dundas 
gave  his  casting  vote  against  the  claimant. 

Public  feeling  was  entirely  in  favour  of  the  other  view  of 
the  case;  and  the  President's  vote  was  most  unpopular  in  Edin- 
burgh. The  result  was  that  when,  in  February  1769,  the 
House  of  Lords  reversed  the  decision  of  the  Court  of  Session, 
the  city  was  in  an  uproar  of  joy.  The  President's  house  was 
attacked  on  the  evening  of  tlie  2d  of  March.  The  windows  were 
destroyed  ;  an  attempt  was  made  to  break  in  the  door ;  and 
the  family  were  much  alarmed.  On  the  following  morning  he 
was  insulted  on  his  way  to  Court ;  and  the  mob  threatened  to 
pull  him  out  of  his  chair.  But  the  j)resence  of  a  few  troops  of 
dragoons  soon  put  an  end  to  the  disturbances.^ 

In  the  meantime,  the  President's  brother,  Henry  Dundas, 
was  rising  high  in  the  profession  of  the  law.  He  had  been 
appointed  Solicitor-General  in  1766,  at  the  early  age  of  twenty- 

*  Lord  Justice-Clerk  Miller  to  Lord  Rochford,  3d  March  1769,  State  Paj^ers, 
Scotland.     There  are  no  letters  on  this  subject  in  the  Amiston  Collection. 


182  ARNISTON  MEMOIRS.  [1766. 

four,  and  when  he  had  only  been  three  years  at  the  bar ;  and 
it  was  already  seen  that  his  career  would  equal,  if  not  surpass, 
that  of  any  member  of  his  family.  The  great  Lord  Mansfield, 
who  met  him  in  London,  writes  to  the  President :  "  Your 
brother  will  certainly  go  as  far  as  his  career  can  carry  him ; 
and  his  short  visit  has  been  of  use  to  him.  There  is  great 
difference  between  being  personally  known,  and  by  name  only, 
let  it  sound  ever  so  high."'  He  had  not  yet  entered  Parlia- 
ment, but  was  resolved  to  represent  Midlothian,  as  his  brotlier 
had  done  before  him.  The  Arniston  influence  was  not  at  this 
time  absolutely  supreme  in  the  county,  and  occasionally  diffi- 
culties arose,  as  the  following  letters  show : — 

Mr.  John  Dalrvmple  to  Lord  President  Dundas. 

My  Lord, — A  thing  with  which  my  father.  Sir  WilHam,  sur- 
prised me  lately  makes  me  trouble  your  Lordship  with  these  lines. 
He  says  your  Lordship  complained  to  him  that  I  do  not  use  to 
salute  you  when  I  pass  you  on  the  street,  nor  to  pay  you  proper 
respects  in  the  Court.  This  is  supposing  me  so  perfect  a  fool, 
that  I  cannot  let  it  stick  without  assuring  your  Lordship  that 
anything  of  that  kind  is  altogether  accidental  and  undesigned 
on  my  part. 

I  would  the  less  have  indulged  such  childishness,  that  Davy 
Dalrymple^  last  winter  repeated  to  me  a  conversation  which  passed 
betwixt  you.  Lord  Coalston,  and  Auchinleck  on  my  account,  in 
which  I  thought  myself  obliged  to  you.  I  did  at  that  time  think 
of  expressing  my  sense  of  it.  But  visits  in  that  way  look  so  like 
flattery  and  design,  and  particularly  in  one  so  little  apt  to  stoop 
as  I  am,  that  I  did  not  do  it,  the  more  so  that  I  thought  you 
could  not  fail  to  see  that  I  must  have  a  just  sense  of  it. 

A  good  many  years  ago  I  offered  to  your  Lordship  to  declare 
to  all  that  I  held  this  county  from  you,  and  to  restore  it  to  your 
family  at  the  end  of  seven  years.  When  this  was  rejected,  I  took 
up  with  other  friends,  yet  even  then  the  first  public  visit  I  paid 
was  to  you,  when  I  had  the  honour  to  repeat  the  same  offer.  If 
this  showed  a  disinclination  to  connect  with  your  Lordship,  I 
know  not  what  that  word  means. 

Your  Lordship  will  permit  me  to  mention  to  you  that  though 
I  know  a  way  by  which  above  twenty  votes  can  be  created  in  this 

^  Either  Lord  Hailes  or  Lord  Westhall. 


I770.]  HKNUY  DUNDAS.  183 

county  in  an  hour,  and  know  a  man  who  would  be  very  glad  of 
such  a  secret,  yet  I  have  kept  it  to  myself,  so  little  idt*a  have  I  of 
doing  things  from  wantoness  that  arc  disagreeable  to  you. 

I  have  the  honour  to  be,  with  very  great  respect,  my  Lord, 
your  very  obedient  humble  servant, 

John  Dalrvmim.e.* 
Kdinburgh,  Afotuiayt  \%thjan.  1766. 

Henry  Dundas  to  his  limllivr  The  Loho  President. 

Edinburgh,  27M  Sept.  1770. 

My  dear  Lord, — I  was  obliged  to  come  to  town  last  night,  for 
some  days,  upon  some  business  which  I  have  not  got  finished 
before,  and  did  not  chuse  longer  to  delay.  Soon  after  coming 
John  Davidson  called  uj)on  me,  as  a  common  friend  betwixt  Sir 
Alexander  Gilmour-  and  me,  with  a  message  from  Sir  Alexander, 
to  this  pur|)ose,  that  he  was  not  at  liberty  to  explain  the  ground 
of  it,  but  that  it  was  not  impossible  there  might  be  a  re-election 
in  this  county  before  long;  that  having  heard  from  different 
quarters  that  I  was  making  great  impressions  upon  the  county  of 
Midlothian,  he  wished  to  know  from  the  first  authority  upon 
what  footing  he  might  consider  himself  in  that  respect.  My 
answer  immediately  was  that  I  could  not  speak  with  absolute 
precision  upon  the  subject  of  a  re-election  speedily  to  happen 
without  having  other  things  understood  betwixt  us  with  regard  to 
future  contingencies,  and  desired  M*^  Davidson  and  him  to  call 
upon  me  this  forenoon,  which  they  just  now  did. 

The  general  purport  of  the  conversation  was  this :  that  I 
wished  to  be  in  Parliament  next  general  election,  and  had  no 
desire  for  it  sooner,  that  every  consideration  led  me  to  cast  my 
eyes  upon  the  county  of  Midlothian,  that  I  had  a  most  sincere 
affection  for  him,  and  a  very  great  aversion  to  divide  old  con- 
nexions in  the  county ;  on  the  contrmy,  as  well  for  my  own  sake 
personally  as  for  the  sake  of  others  in  my  family,  who  might 
hereafter  have  the  same  views  as  I  have,  I  wished  if  possible  to 
keep  it  whole  and  entire.  In  short,  that  if  we  could  both  be  in 
Parliament,  so  much  the  better,  but  if  that  could  not  be  the  case, 
I  hoped  he  would  not  attempt  to  divide  the  county.  He  readily 
agreed  that  I  asked  no  more  than  he  thought  reasonable.  He 
then  added  that  I  might  be  convinced  from  what  he  now  said 
that  he  had  no  desire  to  set  up  a  separate  interest  in  this  county, 

*  Afterwards  Sir  John  Dalrymple,  father  of  the  eighth  and  ninth  Earls  of 
Stair.  -  M.P.  for  Midlothian. 


184  ARNISTON  MEMOIRS.  [1770. 

and  therefore  hoped  that  the  particular  passion  I  might  have  to 
represent  this  county  would  not  induce  me  to  insist  upon  that 
preference,  if  the  consequence  thereof  should  be  a  total  exclusion 
of  him  from  Parliament,  while  at  the  same  time  events  might 
occur  whereby  we  might  be  enabled  to  sit  in  Parliament  together. 
My  answer  was  that  if  two  seats  should  cast  up  I  still  must  insist 
upon  his  yielding  up  this  county  and  betake  himself  to  the  other, 
except  it  could  be  supposed  that  an  event  should  happen  of  any 
set  of  electors  being  determined  not  to  accept  of  him  but  willing 
to  accept  of  me. 

In  that  case  I  fairly  owned  that  my  desire  not  to  divide  the 
county,  old  connexions  and  my  regard  for  him,  who  did  not 
appear  desirous  to  set  up  any  independent  interest,  would  incline 
me  to  leave  the  representation  of  the  county  with  him  rather 
than  that  he  should  be  put  in  a  situation  (I  mean  out  of  Parlia- 
ment) which  I  knew,  as  his  affairs  were  circumstanced,  would  be 
highly  inconvenient  for  him. 

Our  conversation  to  the  above  purport  ended  with  me  telling 
him  that  what  I  said  was  what  occurred  to  myself  upon  this 
subject,  and  that,  although  from  any  conversation  I  ever  had  with 
you  upon  the  subject,  I  had  no  reason  to  think  that  you  had 
inclination  towards  him  anyways  more  unfavourable  than  I  had, 
yet  it  was  highly  necessary  that  the  matter  should  be  understood 
in  your  presence  and  under  your  approbation,  after  which  our 
final  resolutions,  if  cordial,  should  never  go  farther. 

I  have  sent  this  by  express  to  let  you  know  this  interview, 
which,  tho'  unexpected,  I  am  glad  it  has  happened. 

I  suppose  the  unexpected  early  meetings  of  Parliament  has 
brought  it  sooner  on. 

Sir  Alexander,  M^  Davidson,  and  the  Edmonstone  people,  I  mean 
Wauchope  and  his  wife,  dine  at  Melville  to-morrow,  as  it  is  the 
only  day  I  will  be  there  for  a  fortnight,  and  I  wished  this  matter 
fully  adjusted.  I  have  sent  this  so  soon,  in  the  hopes  you  will  be 
able  to-morrow  to  dine  at  Melville,  where  we  may,  in  presence  of 
M'^  Davidson,  have  some  minutes  conversations  with  Sir  Alexander 
before  dinner. — Yours  sincerely,  Henry  Dundas. 

Ultimately  Henry  Dundas  succeeded  in  securing  his  election, 
and  was  returned  as  member  for  the  county  at  the  general 
election  of  1774.  At  the  age  of  thirty-three,  on  the  24th  of 
jVIay  1775,  he  wa.*i  appointed  Lord  Advocate  in  the  Govern- 
ment of  Lord  North. 


1775]  HENRY  DUNDAS.  \Hr> 


LoHi)  Mansfield  to  tlw  Lohu  President. 

Bloomsbury,  yi  May  1775. 

My  dear  Lord, — As  your  brother  has  much  more  than 
answered  the  expectations  I  gave,  that  notwithstanding  it  came 
at  so  early  a  period  of  his  life,  he  would  do  credit  to  his  first 
promotion,  and  honour  to  those  who  espoused  him,  I  cannot  help 
congratulating  your  Lordship  upon  the  fortuitous  concourse  of 
circumstances  which  has  opened  the  way  to  his  second  advance- 
ment, and  wish  you  joy  of  it,  and  of  the  certain  success  which 
can't  fail  to  attend  him  in  the  career  he  has  still  to  run.  I  have 
recommended  his  successor,  which  I  would  not  have  done,  tho' 
he  has  a  call  of  connexion  upon  me,  if  I  had  not  believed  him 
qualified  to  fill  the  office  with  some  reputation.  I  feel  myself 
pledged  for  the  figure  he  shall  make. 

I  can  think  of  no  way  so  effectual  to  assert  his  endeavours,  as 
to  beg  your  friendship,  countenance,  and  protection  to  him.  If 
you  find  he  has  merit,  lend  a  kind  hand  to  lift  it  up  and  show  it 
to  the  world.  I  flatter  myself  you  cannot  have  a  stronger  motive 
than  that  of  doing  a  very  sensible  pleasure  to  your  most  aff.  ob. 
humble  servant,  Mansfield. 

A  voluminous  correspondence  passed  between  Henry  Dundas 
and  the  President  from  this  time  until  1783.  Besides  the  re- 
marks upon  the  progress  of  political  events  during  these  stirring 
years,  the  correspondence  frequently  turned  upon  the  change 
which  was  about  to  alter  the  future  course  of  Henry  Dundas*'s 
life.  Though  still  holding  only  the  subordinate  office  of  Lord 
Advocate,  his  ability  for  business,  and  his  skill  in  debate,  had 
placed  him  in  the  front  rank  of  the  supporters  of  Government. 
Of  his  position  in  Parliament  he  was  fully  aware,  and  the 
charm  of  its  combined  power  and  independence  was  among  the 
reasons  which  delayed  his  acceptance  of  offices  which  were 
pressed  upon  him.  Moreover,  he  was  devotedly  attached  to 
the  Scottish  bar,  proud  of  his  position  as  its  leader,  and  most 
unwilling  to  ([uit  it  entirely.  Son  of  one  President,  and 
brother  of  another,  he  saw  before  him  the  succession  to  the 
Presidents  Chair,  to  which  he  could  look  forward  at  the  close 
of  his  parliamentary  career.  And  even  after  his  resolution  to 
resign  the  office  of  Lord  Advocate  had  been  taken,  he  expresses 
in  a  letter  to  his  brother,  in  Octol>er  1782,  his  desire  to  retain 


186  ARNISTON  MEMOIRS.  [1761. 

the  post  of  Dean  of  the  Faculty  of  Advocates,  as  a  badge  to 
indicate  that  his  connection  with  the  Scottish  bar  was  not  to 
be  totally  dissolved. 

While  his  brother  was  thus  displaying  his  ability  to  main- 
tain the  credit  of  the  family,  the  President's  children  were 
growing  up,  and  going  out  into  the  world.  By  his  first  mar- 
riage, to  Miss  Baillie  of  Lamington,  he  had  four  daughters, 
and  by  his  second  marriage,  to  Miss  Jean  Grant,  Lord  Preston- 
grange's  daughter,  he  had  four  sons  and  two  daughters.  His 
eldest  son,  Robert,  was  only  a  lad  of  seventeen  when  his  uncle 
Henry  became  Lord  Advocate ;  but,  as  we  shall  afterwards  see, 
he  was  himself  destined  to  fill  that  responsible  office,  and  to 
end  his  days  upon  the  bench. 

The  first  of  the  President's  daugliters  to  marry  was  Miss 
Elizabeth  Baillie  or  Dundas,  and  the  choice  which  she  made  was 
not  at  all  in  accordance  with  lier  fatlier's  wislies. 

Lord  Lvttelton  to  President  Dundas. 

TuNBRiDGE  Wells,  ^?^^^.  15,  1761. 
My  Lord^ — I  have  been  so  fortunate  as  to  meet  with  Miss 
Bailey  at  this  place^  and  as  I  find  she  is  to  pass  the  year  in  Eng- 
land, I  cannot  help  begging  to  have  the  honour  of  her  company 
at  my  house  in  Worcestershire  in  the  month  of  October,  when  my 
daughter,  and  I  believe  my  sister,  will  be  there  to  attend  her.  It 
would  give  me  the  greatest  pleasure  to  show  her,  by  my  best 
attentions  at  Hagley,  the  grateful  sense  I  have  of  the  many 
favours  I  received  from  your  Lordship  in  Scotland.  I  see  with 
all  the  joy  of  a  most  sincere  friend  that  time,  and  your  care  and 
cultivation,  have  brought  to  perfection  all  that  her  amiable  infancy 
promised  when  I  was  at  Arniston.  To  have  an  opportunity  of 
conversing  with  her  will  be  a  great  advantage  to  my  daughter. 
I  may  venture  to  say  that  the  goodness  of  my  girl's  heart  and  the 
innocence  of  her  manners  make  her  a  safe  companion,  and  in  Miss 
Bailey  she  will  see  what  my  fondest  wishes  would  have  her  to  be. 
You  will  therefore  lay  me  under  a  great  obligation,  if  you  will 
permit  Miss  Bailey  and  Mrs.  Whitney  to  pass  some  time  with  us. 
I  hope  you  will  excuse  me  if  I  add  that  Miss  Bailey  is  in  every 
respect  so  amiable  that  I  will  not  venture  my  son's  being  at 
Hagley  at  the  same  time,  if  a  passion  he  might  perhaps  entertain 
for  a  young  lady  of  such  uncommon  merit  would  certainly  meet 
with  your  disapprobation. 


i76i.]  MARUIAGK  OF  MISS  BAILLIK.  1H7 

I  beg  my  most  respectful  compliments  to  Mrs.  Dundas,  and 
have  the  honour  t<»  be,  with  the  sincerest  respect  and  attach- 
ment,— My  Lord,  your  Lordship's  most  obliged  and  most  obedient 
servant,  Lvitklton. 

Please  to  direct  to  me  at  my  house  in  Curzon  Street,  near 
Berkeley  Square,  London. 

The  writer  of  the  foregoing  letter  was  Sir  George  Lyttelton, 
who  had  been  created  I  Ami  Lyttelton  in  1757.  His  daughter 
of  whom  he  speaks  was  Lucy,  who  married  in  1767  the 
Viscount  Valentia,  subsetjuently  created  Karl  of  Mountnorris. 
Lord  Lyttelton  died  in  1773. 

"Miss  Baillie^^  was  President  Dundas's  eldest  daughter 
Elizabeth,  who  on  the  death  of  her  brother  William  succeeded 
to  her  mother's  estates  of  I^niington  and  Penston.  At  the 
time  I^ird  Lyttelton''s  letter  was  written,  the  young  heiress  hmi 
been  sent  for  a  year  to  England  under  charge  of  Mrs.  Whitney 
for  the  completion  of  her  education.  A  little  later  Miss  Baillie 
met  Captain  John  Lockhart,  and  with  the  connivance  of  Mrs. 
Whitney  engaged  herself  to  Captain  Lockhart  without  her 
father'^s  knowledge  or  approval  of  the  match.  The  President 
was  excessively  angry  at  the  conduct  of  his  daughter  and  of 
Mrs.  Whitney ;  but  he  seems  later  to  have  forgiven  her  want 
of  respect,  and  to  have  been  on  affectionate  terms  with  her 
husband.  Captain  Lockhart  ultimately  succeeded  to  his 
family  honours,  and  became  Admiral  Sir  John  Lockhart  Ross, 
having  assumed  the  latter  name  on  succeeding  his  uncle. 
General  Ross  of  Balnagowan.^ 

Another  of  the  President's  daughters,  Anne,  was  married 
to  George  Buchan  of  Kelloe,  in  April  1773 ;  and  in  June  of 
the  same  year,  a  thirtl,  Margaret   Dundas,  was   married   to 

*  The  immediate  descendants  of  Sir  John  Lockhart  Ross  and  Miss  Dundas 
or  Baillie  were  :— 1st.  Sir  Charles.  He  married  first  Matilda  Theresa,  daughter 
of  Count  Lockhart  of  Carnwath,  by  whom  he  had  a  daughter  Matilda,  who 
married  in  1812  Captain,  afterwards  Admiral,  Sir  Thomas  Cochrane.  Their 
son,  Alexander  Baillie  Cochrane,  succeeded  to  his  mother's  estates,  and  in  1880 
was  created  Baron  Lamington.  Before  marriage  she  had  inherited  the  estate 
of  Old  Liston,  and  had  assumed  the  name  of  Wishart.  Sir  Charles  married 
secondly  Lady  Mary,  daughter  of  second  Duke  of  Leinster,  by  whom  he  had 
a  son.  Sir  Charles,  who  inherited  Balnagowan.  2d.  Captain  James  Ross.  He 
married  Catherine  Farquharson,  heiress  of  Invercauld,  by  whom  he  had  a  son, 
James  Ross  Farquharson  of  Invercauld. 


188  ARNISTON  MEMOIRS.  [1773. 

General  John  Scott  of  Balcomie.  Miss  Peggy,  as  she  was 
called,  did  not  fly  in  her  father^s  face  as  her  sister  Elizabetli 
liad  done,  as  appears  from  tlie  letters  written  at  the  time  the 
marriage  was  being  arranged. 

The  correspondence  commences  by  Miss  Peggy,  in  terms 
savouring  strongly  of  the  complete  letter- writer,  informing  her 
father  of  General  Scott's  offer  of  marriage.  "The  love  and 
afFection,""  slie  begins,  "  you  liave  always  had  towards  all  your 
children  merits  the  return  of  filial  duty  from  inclination  as 
well  as  principal "'''  (mc). 

General  Scott  connnences  by  expressing  his  happiness  at 
receiving  the  lady's  consent,  and  "  the  flattering  circumstance  of 
Iier  being  confident  that  it  will  receive  your  Lordship's  entire 
approbation."  However,  "as  he  is  anxious  to  avoid  any  unneces- 
sary delay,"  he  plunges  at  once  iii  medias  res,  and  enters  into 
liis  views  on  marriage  settlements.  He  thinks  a  jointure  of 
.^1000  a  year  suitable,  half  to  be  forfeited  in  the  event  of  re- 
marriage. But  "as  the  jewels  he  has  already  foolishly  bought " 
are  too  valuable  to  come  under  the  head  of  paraphernalia  he 
will,  at  his  death,  bequeath  to  his  widow  £9.000  in  their  stead. 
As  to  children,  the  General  considers  it  to  be  highly  improper 
that  they  should  be  made  in  any  shape  independent  of  their 
parents,  and  lie  reminds  the  President  that  his  Lordship  some 
years  ago  found  the  bad  effects  of  an  heiress  being  independent 
of  her  father.  In  a  subsequent  letter  to  his  bride,  the  General 
most  liandsomely  insists  that  lier  fortune  shall  be  divided  be- 
tween her  two  unmarried  sisters,  as  an  addition  to  theirs. 

The  President  replied  to  General  Scott  assuring  him  that 
"his  sentiments  as  to  independency  of  children  coincided 
strongly  with  liis  own.  He  had  seen  it  to  be  a  source  of  vexa- 
tion and  disappointment  to  parents  {this  you  will  say  I  once 
felt),  and  of  ruin  and  destruction  to  the  children  themselves."  ^ 

General  Scott  ccmcludes  the  correspondence  by  insisting, 
through  Henry  Dundas,  upon  providing  the  trousseau  for  his 
bride.  For,  lie  says,  "  it  is  ridiculous  that  anybody  should  clothe 
another  man's  wife."  "  In  short,"  continues  Henry  Dundas,  "  he 
means  to  be  superb  in  everything,  and  let  him  be  indulged." 

^  The  children  of  this  marriage  were  three  daughters — i.  Henrietta,  m.  the 
fourth  Duke  of  Portland.  2.  Lucy,  m.  the  ninth  Earl  of  Moray.  3.  Margaret, 
m.  the  Rt.  Hon.  George  Canning. 


1778.]  PHIVATK  LIFE.  18J) 

These  letters  were  written  in  Miircli.  "  I  suspeetr  «iy« 
Henry  Dunchus,  "  tlie  Scotch  whim  of  not  niarryin*^  in  May 
will  put  of!  the  affair  till  June."'  And  so  it  was.  In  the 
marriiige-contract,  sij^ned  at  Arniston  on  the  J)th  of  June 
177*5,  General  Scott  renounces  the  "tocher''  intended  for  Miss 
Dundas,  and  requests  that  it  may  be  applietl  to  increasinjj;  the 
portions  of  lier  sisters  Henrietta  and  Anne. 

Henrietta  Dundjus  accepted  the  hand  of  Caj)tain  Adam 
Duncan,^  R.N.,  in  1777,  and,  by  doing  so,  dismissed  another 
suitor,  whose  letters  (which,  even  at  this  distance  of  time,  it 
wouUl  be  cruel  to  publish)  show  tliat  he  suffered  the  most 
bitter  distippointment. 

I^Astly,  Miss  Grizzel  Dundas  was  married,  in  Se])tend)er 
1778,  to  Adam  Colt  of  Auldliame. 

The  family,  thus  gradually  diminishing  in  nund)er,  lived  in 
Edinburgh  during  winter,  and  at  Arniston  in  sunnner. 

The  President's  Edinburgh  house  was  considered  in  those 
days  as  almost  out  of  town.  It  was  built  by  himself  on  a  site 
which  lately  was  known  as  Adam  Square,  a  block  of  buildings, 
as  those  who  know  Edinburgh  may  recollect,  which  stood  at 
the  corner  of  the  South  Bridge,  close  to  the  University  Build- 
ings. Adam  Square  was  pulled  down  in  1871 ;  and  the 
President's  old  house  had  then  been  occupied  for  some  time  as 
a  shop  and  warehouse.  The  drawing-room  was  a  handsome 
room  with  a  panelled  ceiling ;  and  the  chimney-piece  belong- 
ing to  it  is  now  in  the  dining-room  at  Arniston. 

The  President  made  considerable  additions  to  the  estate  of 
Arniston.  In  1753  he  purchased  the  Barony  of  Shank,  for 
dP3000,  from  the  descendants  of  Sir  George  Mackenzie  of 
Rosehaugh  (the  "  Bloody  Mackenzie "")  ;  and  other  purchases  of 
lands  were  made  between  that  time  and  1777. 

Various  changes,  too,  were  made  in  the  grounds.  A  new 
garden  was  formed,  with  a  pond,  which  was  stocked  with  trout 
from  Duddingston  Loch.  Hotliouses  were  built,  and  other 
modern  luxuries  introduced. 

The  improvements  made  upon  the  mansion-house  and 
pleasure  grounds  at  Arniston  by  the  second  President  Dundas 
are  described  by  Chief  Baron  Dundas  in  the  ms.  narrative  from 
which  quotations  have  already  been  made : — 

*  Afterwards  created  Viscount  Duncan,  on  gaining  the  battle  of  Camperdown. 


190  ARNISTON  MEMOIRS.  [1780. 

"  The  first  President  Dundas  died  in  1753,  leaving  the  house 
unfinished.  As  already  related  he  pulled  down  the  old  chateau, 
with  the  exception  of  the  oak  room  and  the  vaults  beneath, 
round  three  sides  of  wliich  the  modern  house  is  built.  His 
son,  the  second  President,  built  the  addition  to  the  west  of  the 
old  house,  consisting  of  the  present  dining-room  and  drawing- 
room,  and  the  rooms  above.  He  also  completed  the  different 
offices  which  had  been  left  unfinished  at  his  father's  death. 
Some  time  about  1764^  he  removed  the  kitchen  garden  from 
east  of  the  stables  to  its  present  site,  and  at  the  same  time 
took  down  the  cascade  whicli  his  father  had  built  in  the 
Fountainhead  Park.  His  plantations  in  the  immediate  neigli- 
bourliood  of  the  house  were — 

"  1st.  The  wood  called  Thomson's  Braes,  which  now  contains 
very  thriving  timber.  It  was  planted  in  the  year  1755  ;  it  has 
been  regularly  thinned  from  time  to  time  by  him  and  me.  I 
cut  down  three  years  ago  (1805)  an  ash  wliich  stood  too  near 
to  the  large  chestnut  in  the  liaugli  under  tlie  rock,  whicli  sold 
for  two  guineas. 

"  2d.  About  the  year  1756  my  father  planted  up  the  small 
park  called  at  that  time  the  Rawmuir,  west  of  the  Hunter's 
Park,  which  now  forms  part  of  the  high  wood,  and  the  lower 
division  of  which  is  thriving  timber.  At  the  upper  end,  next 
the  Castleton  march,  an  old  earthen  mound  and  ditch  still 
remaining,  there  was  a  long  belt  of  Scots  fir  planted  by  my 
grandfather  which  ran  from  the  top  of  the  Diamond  eastward 
as  far  as  the  Witches  Knowe.  I  remember  these  trees  when  I 
was  a  boy  ;  my  father  cut  them  all  down  about  the  year  1768. 

"3d.  In  1760,  by  William  Cranston's^  information,  my 
father  planted  the  Diamond,  part  of  which  now  forms  the 
South  Lawn,  and  is  included  by  me  in  it  (1812).  I  was  at 
the  expense  in  1813-14  of  digging,  fallowing,  and  trenching 
all  this  field,  and  of  grubbing  up  all  the  useless  and  bad  trees, 
and  sowing  it  off  with  grass  seeds.  In  winter  1810,  when  the 
old  road  to  Carrington  was  stopped,  I  extended  the  shrubbery 
round  to  the  gardener's  house,  and  planted  the  clump  imme- 
diately to  the  east  of  the  house. 

^  In  1763  there  is  in  the  factor's  book  an  entry  of  a  payment  for  lime  for  build- 
ing the  new  garden  wall. 
^  Forester  at  Arniston. 


1780.]  PRIVATE  LIFK.  1})1 

"4th.  In  1T7(),  when  my  mother  formed  the  walk  down  to 
the  Sliank,  my  father  planted  uj)  the  wet  bank  innnediately 
under  the  l)ea(hnanlees ;  also  the  small  haugh  under  the  Hut 
above  the  Red  nn-k  opposite  to  Carrington.  The  oaks  there 
are  in  a  thriving  state.  All,  or  a  greater  part  of  the  larches 
were  cut  down  in  1809-10,  and  used  in  Outerston^  farm-house. 

*'  5th.  The  belt  from  the  Auchenshadow  Beech  Knowe  ettst- 
wards  to  the  turnpike  road  at  Pirnhall,  or  I^umsden's  Gate,- 
was  originally  formed  by  my  father  in  1775,  at  the  same  time 
that  he  planted  the  belt  at  the  Baker''s  Avenue."" 

This  attention  to  the  beauty  of  woods  and  parks  was  now 
spreading  among  the  great  landowners  of  Scotland.  The 
formality  and  stiffness  with  which  they  laid  out  their  grounds 
was  in  keeping  with  that  punctilious  attention  to  small  matters 
of  etiquette  which  characterised  their  social  intercourse,  with 
the  artificial  nature  of  a  great  deal  of  their  daily  life,  the 
powder,  the  patches,  and  the  enormous  head-pieces.  But  such 
defects  were  soon  removed  by  the  exuberance  of  nature ;  and 
the  progress  of  time  has  rapidly  changed  the  straight,  formal 
avenues,  and  prim  rows  of  trees,  into  scenes  of  natural  beauty. 

From  the  household  books  of  the  President's  family,  some 
idea  may  be  gathered  of  the  style  of  living,  and  cost  of  food, 
in  Scotland  from  the  middle  of  last  century  until  about  the 
year  1780.  Hens  cost  sixpence,  and  chickens  threepence  each. 
Grouse  and  partridges  sold  for  sixpence  a  bird.  Ducks  cost  a 
shilling,  and  turkeys  about  three  shillings.  Eggs  averaged 
about  threepence  a  dozen.  Mutton  was  the  kind  of  butcher 
meat  of  which  most  was  consumed;  while  rabbits,  plovers,  snipe, 
and  woodcock  were  frequent  articles  of  diet.  The  price  of 
beef  was  from  threepence  to  threepence  halfpenny  the  pound. 
Nuts,  oranges,  pomegranates,  and  grapes  were  procured  from 
Covent  Garden,  the  grapes  costing  one  shilling  a  pound. 

The  wages  paid  to  servants  are  duly  recorded.     There  wa.s 
a  man  cook,  at  i?8  a  year,  and  an  under-cook  who  received  £S. 
The  butler  had  £^0  a  year,  and  Mrs.  Dundas's  maid  £S,  10s. 
There  is  little  about  sporting  matters  among  the  private 

*  This  larch  timber  lasted  until   1875,  when  the  house  had  to  be  almost 
entirely  renewed,  owing  to  decay, 

-  The  Lodge  of  this  old  gate  was  taken  down  in  1875. 


192  ARNISTON  MEMOIRS.  [1782. 

letters  of  this  period ;  but  occasionally  hounds  and  "  hunting,'" 
by  which  probably  coursing  is  meant,  are  spoken  of.  Game 
preserving  was  not  strict  at  that  time ;  and  it  is  amusing  to 
find  the  Lord  President  receiving,  at  the  end  of  August  1782, 
a  note  with  what  would  now  be  considered  a  very  cool  request : 
"The  officers  of  the  Royal  Dragoons  quartered  at  Dalkeith 
present  their  compliments  to  the  Lord  President;  ask  per- 
mission to  shoot  on  his  Lordsliip\s  grounds  in  that  neighbour- 
hood."*^  Lord  Arniston  appears  to  have  been  a  little  staggered 
at  the  prospect  of  giving  the  officers  of  a  cavalry  regiment  carte 
blanche  to  do  what  they  pleased  among  his  fields.  His  answer 
is  an  admirable  specimen  of  combined  courtesy  and  caution. 
He  gives  them  leave,  however. 

"  The  President/'  he  says,  "  was  favoured  with  a  card  from  the 
officers  of  the  Royal  Dragoons  at  Dalkeith.  Could  have  wished 
to  have  known  particularly  the  gentlemen  who  ask  permission  to 
shoot,  etc.  etc.  The  President  has  a  very  great  regard  for  Colonel 
Goldsworthy,  and  some  others  of  the  reg*.  of  his  personal  acquaint- 
ance, and  is  very  desirous  of  obliging  them,  or  any  other  officers 
of  that  regiment.  Shall,  therefore,  make  them  welcome  to  hunt 
for  partridges  on  his  grounds  of  Stobhill  and  Kirkhill,  which  are 
those  adjacent  to  them — persuaded  himself  that  these  liberties 
will  not  be  abused.  Indeed,  he  must  fairly  explain  himself  that 
he  understands  this  liberty  is  to  be  confined  to  the  gentlemen 
themselves  shooting  for  their  amusement,  and  that  they  will  not 
permit  any  other  person  whatever  to  hunt.  The  fields  in  question 
are  reckoned  among  the  very  best  for  hounds  in  this  country ; 
and  as  the  Pres'^  good  friend.  Sir  Arch.  Hope  (indeed  his  own 
son),  often  sport  there  (if  the  Pres.  himself  seldom  or  never 
courses  a  hare) ;  and  therefore  is  confident  if  the  officers  will,  in 
no  shape,  destroy  any  hares,  he  knows  they  are  welcome  to  the 
share  the  sport  of  hounds  hunting."^ 

The  improvement  of  the  country  in  agriculture,  interrupted 
for  a  few  years  by  the  Rebellion  of  1745,  was  carried  on  with 
renewed  vigour  during  the  latter  half  of  the  eighteenth 
century.  The  factor''s  books  at  Arniston  during  that  period 
show  a  continuous  expenditure  upon  building,  planting,  and 

^  If  the  President's  composition  seems  faulty,  it  must  be  recollected  that  only 
a  rough  draft  of  his  letter  has  been  preserved. 


1760.]  FARMING  CUSTOMS.  193 

enclosing.  A  marked  improvement  on  the  farm  buildings  is 
observable,  conseciuent  upon  the  increased  growth  of  green 
crops  and  roots  for  winter  feeding,  and  of  the  greater  attention 
paid  to  the  condition  of  the  live  stock  upon  a  farm.  In  Mid- 
lothian, where  building  materials  were  abundant,  and  easy  of 
access,  the  walls  of  a  farm  steading  were  solidly  built  with 
stone  and  lime,  though  the  roof  still  continued  to  be  covered  with 
"  divots.""  These  farm -steadings  were,  of  course,  very  different 
from  the  buildings  which  are  now  seen  in  a  lowland  farm  in 
Scotland.  The  farm  buildiiigs  on  Arniston  seem  usually  to 
have  consisted  of  a  small  handet,  or  cluster  of  cottages  stand- 
ing at  a  short  distance  from  each  other ;  whose  inhabibuits, 
in  addition  to  their  ordinary  work  of  farming  and  home  spinning, 
carried  on  the  trade  of  lime-burners,  and  carriers  of  lime 
throughout  the  neighbouring  country. 

The  increasing  wealth  of  the  country  also  began  to  be 
shown  by  the  greater  number  of  tenants  with  capital  sufficient 
to  stock  a  good-sized  farm,  before  whom  the  joint  tenants, 
holding  a  farm  in  common,  began  to  disappear.  The  consoli- 
dation of  small  holdings  into  large  farms  was  also  going  on 
rapidly — in  Midlothian  at  all  events.  Among  other  changes 
the  tithe  or  teind,  as  a  separate  payment  by  the  tenant,  was 
being  given  up,  and  was  included  in  the  rent,  as  was  also  the 
case  with  a  variety  of  old  servitudes.  Payments  to  country 
tradesmen,  such  as  joiners,  blacksmiths,  and  others,  were,  how- 
ever, still  made  to  a  considerable  extent  in  kind,  as  also  were 
farm  servants'*  wages. 

Home  spinning  being  still  part  of  the  business  of  the  farm, 
the  cottars  were  obliged  to  sow  a  stipulated  quantity  of  flax 
seed  in  their  gardens  for  the  supply  of  the  family. 

The  farm  implements  continued  to  be  rough  and  strong, 
such  as  could  be  made  and  repaired  at  home — the  ploughs  large 
and  heavy,  and  drawn  by  four  horses — the  plough  harness  of 
plaited  hemp,  as  shown  by  the  frequent  entry  in  the  factor's 
books  of  "  hemp  for  the  ploughmen.*" 

In  tillage,  the  land  was  still  laid  off  in  high  crooked  ridges, 
with  intervening  spaces  of  unploughed  land. 

The  turnips,  which  were  grown  by  enterprising  farmers, 
were  sown  broadcast,  though  the  use  of  drills  was  recommended 
as  possessing  the  advantages  of  a  bare  fallow. 


194  ARNISTON  MEMOIRS.  [1760. 

It  was  also  becoming  genenilly  known  tliat  sown  rye  grass 
and  clover  coukl  feed  three  times  as  much  stock  as  the  growth 
of  natural  grasses. 

The  drainage  of  wet  spots  of  land  was  being  extensively 
carried  on.  The  drains  were  cut  in  the  wet  spots  to  the  heads 
of  the  springs,  and  were  filled  with  small  stones,  brusliwood,  or 
straw  to  within  a  foot  of  the  surface.  The  main  drains  were 
conduits  formed  witli  large  stones.  In  England,  where  the 
practice  of  draining  wet  pieces  of  land  was  more  general  than 
in  Scotland,  the  drains  were  made  32  inches  deep,  20  inches 
wide  at  top,  and  4  inches  wide  at  bottom.  When  filled  with 
small  stones  the  cost  wjis  about  7d.  per  rod.  It  was  found  tliat 
by  an  outlay  of  £S  or  £4f  per  acre  on  draining  and  manuring, 
the  rent  of  land  might  be  raised  from  10s.  to  20s.  per  acre. 

The  following  were  the  terms  of  an  Arniston  lease  in  1760 ; 
and  similar  terms  were  probably  usual  at  that  time  in  Scot- 
land. The  farm  was  that  of  Newbyres,  and  tlie  principal 
conditions  of  the  lease  were  as  follows  : — 

Duration,  nineteen  years.  Rent,  <£98  and  six  hens.  Tenant 
to  keep  and  maintain  two  hounds  for  the  use  of  the  landlord. 

Thirled  to  Newbyres  Mill ;  tenant  to  assist  in  keeping  the  mill 
dam  and  lade  in  repair,  also  to  allow  the  tenant  of  the  mill  to  cut 
whins  on  Newbyres  for  the  use  of  the  kilns. 

To  carr)',  from  Leith  or  elsewhere,  timber  for  cradling  the  coal- 
pits, for  the  stairs  in  them,  or  for  the  lodges ;  also  to  bring  to 
Stobhill  the  furniture  of  any  coalier  that  may  be  engaged  for  the 
coal  work. 

Tenant  to  have  the  exclusive  privilege  of  brewing  and  retailing 
ale  within  the  barony  of  Newbyres. 

Among  the  Arniston  collections  is  a  paper  showing  the 
rotation  of  crops  proposed  by  the  Second  Lord  President  for 
his  home  farm,  of  which  a  copy  is  given  as  illustrative  of  the 
agriculture  of  the  day. 


1769. 


ROTATION  OF  CROPS. 


195 


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ARNISTON  MEMOIRS. 


[1787. 


HOUSE  OF   PRESIDENT   DUNDAS   IN    ADAM    SQUARE. 


1787.]  DEATH  OF  PRESIDENT  DUNDAS.  197 

In  the  full  possession  of  all  his  faculties,  and  in  the  enjoy- 
ment of  fair  health,  with  the  exce])ti()n  of  a  weakness  in  his 
eyesi^lit  whit-h  prevented  him  readin*";  with  etise,  the  I^)rd 
President  lived,  sometimes  in  P^dinhurgh,  and  sometimes  at 
Arniston,  until  1787.  On  the  13th  of  December  of  that  year, 
he  died  in  his  house  in  Adam  Scjuare,  in  the  seventy-fifth  year 
of  his  age.  "  His  last  illness,"'''  says  I^rd  Woodhouselee, 
"  which,  though  of  short  continuance,  was  violent  in  its  nature, 
he  bore  with  the  greatest  magnanimity/' 

On  hearing  of  the  death  of  the  head  of  the  Court,  Henry 
Pirskine,  then  Dean  of  Faculty,  wrote  to  Robert  Dundas,  the 
late  Presidents  eldest  son,  who  had  now  l)een  Solicitor-Cieneral 
for  three  years  : — 

Mr.  Erskine  to  Solicitor-General  Dundas. 

Edinburgh,  14  Dec.  1787. 

My  dear  Sir, — I  condole  with  you  from  the  bottom  of  my 
heart  on  the  unfortunate  event  which  has  deprived  you  of  a  worthy 
and  affectionate  parent,  and  the  country  of  a  most  able,  upright, 
and  active  Chief  Judge. 

I  need  scarcely  inform  you  that  the  Faculty  of  Advocates,  who 
feel  in  a  peculiar  manner  the  weight  of  this  misfortune,  have 
resolved,  on  their  part,  to  do  everything  on  this  melancholy 
occasion  that  can  show  the  high  respect  they  entertain  for  his 
Lordship's  memory,  and  the  regret  they  feel  for  his  death. 

They  have  desired  me  to  express  these  their  sentiments  to 
yourself  in  person,  and  to  know  from  you,  what  particular  mode 
of  showing  their  feelings  on  the  approaching  funeral  will  be  most 
agreeable  to  the  family,  and  best  suited  to  the  manner  in  which 
that  ceremony  is  proposed  to  be  conducted. 

I  would  not  immediately  press  on  your  present  distress,  but 
will  have  the  pleasure  of  waiting  on  you  the  moment  I  learn  that 
it  will  be  agreeable. 

I  beg  you  to  be  assured  that  my  feelings  as  an  individual  keep 
pace  with  my  conduct  in  my  official  capacity,  as  at  the  head  of 
the  Faculty,  because  in  addition  to  my  full  sense  of  the  merits  of 
the  deceased,  I  recollect  with  grateful  satisfaction  the  many  marks 
I  have  received  of  his  Lordship's  regard  and  affection  towards 
myself  in  circumstances  not  less  honourable  to  him  than  flattering 
to  me. — I  am,  with  real  regard,  my  dear  Sir,  your  most  ob.  faithful 
servant,  Henry  Erskine. 


198  ARNISTON  MEMOIRS.  [1787. 

The  President  was  honoured  by  a  public  funeral.  Fifty 
years  before  the  Bar  of  Scotland  had  met  to  consider  whether 
they  should  attend  the  funeral  of  a  judge,  and  it  was  resolved 
not  to  do  so  lest  the  profession  should  be  brought,  by  estab- 
lishing such  a  precedent,  "  under  the  dishonourable  necessity 
of  paying  extraordinary  outward  compliments  in  future  times 
where  equal  merit  may  not  call  for  the  same  inward  respect." 
But  on  the  death  of  Lord  President  Dundas,  such  was  the 
veneration  felt  for  this  great  judge  that  an  exception  was  made 
to  the  established  rule,  and  the  Bar  attended,  with  the  Dean  of 
Faculty  at  their  head.  The  Scots  Magazhie  thus  describes  tlie 
scene : — 

"  On  Dec.  18th  his  Lordship"'s  remains  were  interred  at  the 
family  burial-place  of  Borthwick.  At  ten  ©""clock  before  noon, 
the  funeral  procession  began  from  the  Parliament  Close  in  the 
following  order : — 

Town-Officers,  two  and  two  ;  their  halberts  covered  with  crape. 
Mace-bearer  and  Sword-bearer  of  the  city ;  the  mace 

and  sword  covered  with  crape. 

Lord  Provost,  Magistrates  and  Council  in  their  robes ; 

three  and  three. 

Mace-bearer  of  the  University ;  his  mace  covered  with  crape. 

Principal  and  Professors  of  the  University  in  their  gowns ; 

three  and  three. 

Four  Mace-bearers  of  the  Lords  of  Session ;  two  and  two, 

their  maces  covered  with  crape. 

Lords  of  Session  in  their  robes  ;  two  and  two. 

Principal  Clerks  of  Session,  and  Clerk  of  Teind  Court 

in  their  gowns  ;  two  and  two. 

Bar-keeper  to  the  Dean  and  Faculty  of  Advocates  in  his  gown ; 

his  baton  covered  with  crape. 

Dean  and  Faculty  of  Advocates  in  their  gowns ; 

three  and  three. 

Macer  to  the  Court  of  Exchequer ;  his  mace  covered  with  crape. 

Barons  of  Exchequer,  in  their  gowns  and  bands ;  the  Chief  Baron 

supported  by  the  Lord  Advocate  and  Baron  Norton,  followed 

by  the  principal  Officers  and  the  Attornies  belonging 

to  the  Court,  in  their  gowns ;  three  and  three. 

Officer  of  his  Majesty's  Signet,  in  his  gown ;  his  mace  covered 

with  crape. 


1787.J  HIS  FUNERAL.  199 

Depute- Keeper,  Commissioners,  and  Clerks  to  the  Signet,  in 

their  gowns ;  three  and  three. 

Preses  of  the  Agents,  and  his  brethren  ;  three  and  three. 

First  Clerks  of  Advocates  ;  three  and  three. 

"  The  procession  proceedetl  down  the  Fishniarket  Close,  up 
the  Horse  Wynd,  and  along  by  the  front  of  the  College,  to 
the  Lord  President's  house  in  Adam  S(|uare,  where  it  went 
round  the  Square  till  the  corpse  wius  brought  out.  Immediately 
after  this  the  mutes,  etc.,  proceeded  forward  to  Nicolson  Street, 
where  the  hearse  waited.  At  this  time  the  Principal  and  Pro- 
fessors of  the  University  reversed  their  manner  of  walking,  the 
junior  Professors  going  first,  and  the  Principal  of  the  College 
la.st.  The  Lord  Provost,  Magistrates,  and  Council  observed 
tiie  same  etiquette,  so  that  the  Lord  Provost  came  to  walk 
immediately  before  the  corpse,  preceded  by  the  sword  and  mace 
bearers.  The  rest  of  the  procession  was  conducted  in  the 
same  order  in  which  it  set  out,  by  which  means  the  Lords  of 
Session  fell  to  take  place  innnediately  after  the  corpse.  The 
friends  of  the  deceased,  etc.,  walked  after  the  Advocates^  first 
Clerks.  In  this  order  the  whole  procession  moved  on  to 
Nicolson  Street,  where  the  corpse  was  put  into  the  hearse,  and 
conveyed  to  tlie  place  of  interment,  attended  by  the  relations 
and  friends  of  the  family  in  mourning  coaches,  and  by  several 
of  the  nobility.  Lords  of  Session,  etc.,  in  their  own  carriages. 
The  gi-eat  bell  tolled  during  the  procession,  which  was  escorted 
by  the  military  from  the  castle  and  the  city-guard ;  and  while 
the  body  was  conveying  from  Adam  Square  to  Nicolson  Street, 
the  band  of  music  belonging  to  the  military  played  the  '  Dead 
March  in  Saul.'"'' 

Lord  President  Dundas  had  risen  to  eminence  by  a  com- 
bination of  family  influence  and  personal  talent.  He  was 
never  a  laborious  student,  or  an  eloquent  speaker.  "  While  he 
continued  at  the  bar,''''  says  a  contemporary,  "  he  did  not  allow 
business  to  interrupt  his  pleasures.  Though  he  could  have  got 
as  much  employment  in  his  profession  as  any  of  his  contem- 
poraries, yet  he  refused  to  be  engaged  in  a  great  many  causes, 
and  confined  himself  to  those  of  the  greatest  importance,  which 
completely  answered  his  views  of  acquiring  such  a  character 
and  reputation  in  business,  as  entitled  him  to  be  preferred  to 


200  ARNISTON  MEMOIRS.  [1787. 

the  first  offices  in  the  law  department.  As  his  speaking  cost 
him  little  trouble,  and  he  endeavoured  to  avoid  the  writing  of 
papers,  which  required  more  application  and  pains  than  he 
inclined  to  bestow,  he  easily  accomplished  his  intention  with- 
out submitting  to  much  drudgery.  When  he  did  undertake  to 
write,  he  executed  well  in  point  of  good  sense  and  argument, 
though  he  might  be  liable  to  criticism  in  what  regarded  the 
composition  or  style  of  his  papers,  to  which  he  never  paid 
any  attention."' 

His  father,  the  first  President  Dundas,  bore  the  impress  of 
the  seventeenth  century,  thougli  he  had  no  share  in  its  trans- 
actions. He  would  have  held  his  own  among  tlie  statesmen  of 
the  last  days  of  the  Stuarts.  He  had  that  peculiar  suppleness 
of  intellect,  and  those  strong  resentments,  which  were  developed 
in  the  politicians  of  a  time  of  great  constitutional  struggles, 
when  adherence  to  a  party  meant  a  great  deal  more  than  the 
acquisition  of  power  or  personal  distinction.  The  public 
character  of  the  second  President  was  moulded  by  the  times  in 
which  he  lived.  He  lived  at  a  period  of  transition,  when,  as 
the  student  of  history  will  observe,  the  old  traditions  of 
unblushing  intrigue  and  unscrupulous  rivalries  were  passing 
away,  and  giving  place  to  the  new  methods  of  modern  political 
life.' 

The  second  President  was  probably  the  greatest  judge  who 
ever  presided  in  the  Court  of  Session  ;  certainly  as  the  head  of 
the  Supreme  Court  he  was  regarded  by  his  compeers  as  with- 
out a  rival.  He  cleared  the  rolls  of  court  of  a  vast  accumula- 
tion of  arrears.  He  paid  the  most  minute  attention  to  the 
duties  of  his  office.  "  For  many  years,""  it  has  been  said,  "  after 
he  was  promoted  to  be  President,  I  have  heard  it  observed  by 
those  who  attended  the  House,  that  he  seldom  or  never  was 
mistaken  in  any  fact  or  circumstance  relating  to  any  cause.'' 
His  regard  for  the  honour  of  the  Bench  was  such  that  he  gained 
for  it  fresh  dignity  in  the  eyes  of  the  nation.  To  the  Bar  he 
was  courtesy  itself,  hearing  counsel  to  the  end,  and  teaching 
his  colleagues  to  control  the  impatience  which  able  and 
experienced  men  feel  in  listening  to  the  argument  of  a  raw  or 
dull-witted  pleader. 

The  office  which  he  held  was  always  one  of  great  dignity 
and  influence  ;  but  during  the  eighteenth  century  the  President 


1787.]  CHARACTER  OF  THE  PRESIDENT.  201 

of  the  Court  of  Session  m*cu|)ied  a  position  of  peculiar  power. 
Thou<2:h  the  Act  of  Union  had  removed  the  Parliament  to 
I^)iulon,  Edinburgh  wius  still  a  capibU.  Scottish  society  clus- 
tered in  the  closes  and  lofty  tenements  of  the  picturescjue  street 
wliich  runs  from  tiie  Castle  to  Holyrood  ;  and  in  Edinburgh, 
and  among  that  society,  the  Bar  and  the  liench  exercised  an 
extraordinary  influence.  The  President  was,  therefore,  a  great 
persontige  in  those  days ;  to  be  courted  by  suitors,  who  had 
inherited  the  belief  that  private  interviews  with  tiie  judge 
were  likely  to  be  useful  in  a  lawsuit ;  and  the  object  of  consttint 
attention  from  all  kinds  of  office-seekers,  from  the  j)eer  who 
wanted  a  place  about  the  Court  in  London  down  to  the 
aspirant  for  the  poorest  clerkship  in  the  Outer  House.  For 
at  that  time  the  Lord  President  was  not  only  a  judge,  but  also 
one  of  the  regular  advisers  of  Government  in  matters  both  of 
policy  and  patronage.  It  appeared  so  natural,  to  statesmen  in 
London,  that  the  head  of  the  Scottish  Courts  should  take  an 
active  part  in  politics  tliat  the  Duke  of  Newcastle,  as  we  have 
seen,  wished  President  Dundas  to  be  the  recognised  "  Scottish 
Manager ""  under  the  Rockingham  Ministry  of  1765.  Dundas 
declined  this  position,  from  a  due  appreciation  of  the  proper 
character  of  a  judicial  office;  but,  in  private,  like  other  Presi- 
dents of  the  eighteenth  century,  he  continued  his  correspond- 
ence with  the  leading  statesmen  of  his  day,  and  had  a  voice  in 
those  important  questions  of  policy  which  arose,  from  time  to 
time,  with  regard  to  the  affairs  of  Scotland.  In  this  difficult 
position,  combining  the  functions  of  the  politician  and  the 
judge,  Dundas  succeeded  in  securing  the  confidence  and  admira- 
tion of  the  country. 

The  first  President  Dundas  occupied  the  chair  of  the  Court 
of  Session  from  1748  to  1753.  The  second  President  Dundas 
occupied  it  from  1760  to  1787.  Thus  the  father  and  son, 
except  for  six  years,  presided  continuously  over  the  Supreme 
Court  of  Scotland  for  the  long  term  of  nearly  forty  years. 

The  legal  history  of  this  period  commences  with  the  passing 
of  the  Act  by  which  the  Heritable  Jurisdictions  were  abolished. 
These  jurisdictions,  which  enabled  their  possessors  to  administer 
whatever  they  chose  to  regard  as  law  and  justice  in  complete 
independence  of  the  King's  judges,  were  spread  like  a  network 
over  the  whole  country ;  and  the  British  Government,  convincetl 


202  ARNISTON  MEMOIRS.  [1748- 

by  the  events  of  1745  that  the  question  of  Scotland  must  be 
settled  once  for  all,  resolved  to  abolish  them  without  delay. 
The  measure  for  effecting  this  reform  was  drawn  by  Lord 
Chancellor  Hard  wick  e,  with  the  assistance  of  the  judges  of  the 
Court  of  Session.  It  abolished  all  the  heritable  jurisdictions 
of  justiciary,  and  restored  the  criminal  jurisdiction  of  the 
country  to  the  King's  Courts.  The  sheriffships,  which  hatl 
been  handed  down  from  father  to  son,  for  generations,  in  many 
families,  were  taken  away ;  and  tlie  right  of  appointment  was 
once  more  vested  in  the  Crown. 

Although  compensation  was  to  be  given  to  the  possessors 
of  heritable  jurisdictions,  a  strenuous  resistance  was  made  to 
the  bill.  No  money  could,  in  the  opinion  of  many  a  Scottish 
nobleman  and  laird,  be  a  sufficient  compensation  for  the  loss 
of  dignity  which  was  implied  in  the  loss  of  the  cherished 
"  power  of  pit  and  gallows.""  It  was  denounced  as  a  violation 
of  the  rights  of  property,  as  a  breach  of  the  Treaty  of  Union, 
as  a  dangerous  interference  witli  the  proper  relations  which 
ought  to  exist  between  landlord  and  tenant,  and  as  only  the 
prelude  to  a  system  under  which  no  man  could  be  sure  that  his 
possessions  were  safe.  One  argument,  used  in  the  House  of 
Commons,  reads  almost  like  a  prophecy.  Some  future  minister, 
it  was  said,  may  declare  that  it  is  necessary  for  the  public  good 
to  compel  every  man  in  the  kingdom  to  part  with  his  property 
in  land  for  a  reasonable  price. 

Nevertheless,  the  bill  ultimately  passed  both  Houses  of 
Parliament ;  and  this  important  measure  of  law  reform,  which 
has  conferred  inestimable  blessings  upon  Scotland,  found  a 
place  in  the  statute-book. 

The  sum  paid  as  compensation  to  the  owners  of  heritable 
jurisdictions  was  considerable,  although  far  less  than  they  had 
demanded.  The  total  sum  claimed  was  more  than  half  a 
million.  The  sum  actually  paid,  in  April  1748,  was  about 
^^150,000. 

This  was  the  commencement  of  the  present  system  of 
Sheriff  Courts.  A  member  of  the  bar  was  appointed  as  Sheriff 
to  each  county  of  Scotland  ;  and  it  need  hardly  be  said  that 
the  filling  up  of  so  many  offices  at  one  time  was  a  source  of 
great  delight  in  the  Parliament  House,  and  of  equally  great 
trouble  to  the  dispensers  of  so  much  patronage. 


1787]  LEGAL  HISTORY.  208 

The  session  duriuf^  which  the  heribible  jurisdictions  were 
abolislu'd  put  an  end  also  to  the  system  of  huid  tenure  known 
as  wardhohiing,  under  which  huids  were  hehl  on  condition  of 
military  service  rendered  to  the  feudal  suj)erior.  This  fniiil 
blow  at  the  clan  system  met  with  little  opposition,  and,  coupled 
with  the  Acts  for  disarmin'i;  the  Highlanders,  put  it  out  of  the 
power  of  the  chieft^iins  to  force  their  unwilling  vassals  into 
anotiier  rebellion. 

These  were  great  and  salutary  changes  in  the  law.  But 
the  period  from  1748  to  1787  was  singularly  destitute  of 
legislation  for  Scotland.  Indeed  the  only  other  statute  which 
need  be  mentioned  is  the  Montgomery  Entail  Act  of  1770. 
Since  the  original  Entail  Act  of  1685,  the  custom  of  putting 
lantls  under  the  fetters  of  a  strict  entail  had  gradually  taken 
deep  root.  In  1764  the  Faculty  of  Advocates,  impressed  by 
the  evils  of  the  law  of  entail,  had  condemned  the  system  by 
a  large  majority;^  and  in  1770,  Lord  Advocate  Montgomery 
succeeded  in  carrying  through  Parliament  a  bill  "  to  encourage 
the  improvement  of  lands,  tenements,  and  hereditaments,  in 
Scotland,  held  under  settlements  of  strict  entail.'^ 

By  the  Montgomery  Act  the  heir  of  entail  obtained  power 
to  grant  leases,  under  certain  conditions,  for  thirty-one  years, 
or  for  fourteen  years  and  an  existing  lifetime,  or  for  two 
existing  lifetimes.  He  was  also  enabled  to  grant  leases  for  the 
erection  of  houses  or  villages  for  any  number  of  years  up  to 
ninety-nine,  and  was  encouraged  to  improve  his  estate,  by 
means  of  enclosing,  planting,  draining,  and  building  farm-houses, 
by  a  provision  that  he  should  have  a  claim  against  the  succeed- 
ing heirs  of  entail  for  three-fourths  of  any  money  laid  out  in 
this  way. 

The  benefits  which  followed  the  Montgomery  Act  were  not 
so  great  as  had  been  expected  ;  but  it  paved  the  way  for  that 
abolition  of  the  law  of  entail  which  has  since  almost  completely 
taken  place. 

The  fact  that  Parliament  was  not  employed  in  the  develop- 
ment of  the  law  of  Scotland  at  this  time  threw  a  great  respon- 
sibility on  the  Court  of  Session  ;  and  it  is  to  the  decisions  of 
the  judges  over  whom  the  two   Dundases  presided   that  the 


^  Minutes  of  Faculty,  4th  August  1764. 


204  ARNISTON  MEMOIRS.  [1748- 

student  of  legal  history,  during  this  period,  must  chiefly  devote 
himself. 

A  very  superficial  account  of  the  men  who  occupied  tlie 
Scottish  bench,  during  a  great  portion  of  the  eighteenth 
century,  is  sufficient  to  prove  that  they  were  distinguished,  in 
many  cases,  not  only  by  a  profound  acquaintance  with  the 
science  of  jurisprudence,  but  also  by  great  literary  attainments. 
One  of  the  most  loveable  of  these  old  judges  is  Lord  Kames, 
whose  career  may  be  studied  in  the  fascinating  pages  of  Lord 
Woodhouselee.  His  youthful  imagination  was  fired  by  the 
spectacle  of  Lord  President  Dalrymple  at  his  daughter's  tea- 
table,  enjoying  the  pleasures  of  domestic  happiness  towards  the 
close  of  a  long  and  busy  life ;  and  he  determined  to  join  the 
bar.  He  combined,  throughout  his  own  life,  a  deep  knowledge 
of  the  law  with  an  unceasing  devotion  to  philosophy,  literature, 
and  classic  learning.  "As  a  judge,"'  says  Lord  Woodhouselee, 
"his  opinions  and  decrees  were  dictated  by  an  acute  under- 
standing, an  ardent  feeling  of  justice,  and  a  perfect  acquaint- 
ance with  the  jurisprudence  of  his  country,  which,  notwith- 
standing the  variety  of  pursuits  in  which  his  comprehensive 
mind  had  alternately  found  exercise,  had  always  been  his 
principal  study,  and  the  favourite  object  of  his  researches.  .  .  . 
The  state  of  the  bench,  during  the  greater  part  of  the  time  in 
which  he  occupied  a  seat  in  the  Court  of  Session,  was  favour- 
able to  the  exertion  of  superior  abilities.  It  was  no  ordinary 
mental  energy  that  could  distinguish  itself  in  the  daily  com- 
parison with  such  men  as  Pringle  of  Alemore,  Ferguson  of 
Pitfour,  Sir  Thomas  Miller  of  Glenlee,  Lockhart  of  Covington, 
Macqueen  of  Braxfield,  and  the  younger  President  Dundas."' 

Another  of  the  Judges  of  this  period  was  Francis  Garden 
of  Gardenstoune,  whose  acquirements  in  the  languages  of  Rome 
and  Greece  were  equalled  by  a  fluency  in  that  of  France,  which 
astonished  the  spectators,  when,  in  the  great  Douglas  cause,  he 
opposed  Wedderburn  before  the  Parliament  of  Paris. 

Sir  David  Dalrymple  of  Hailes  was  on  the  bench  from  1766 
to  1792,  and  found  time  not  only  to  discharge  his  official  duties, 
but  to  enrich  the  literature  of  his  country  with  the  results  of 
much  laborious  study  in  the  field  of  historical  inquiry. 

Sir  Thomas  Miller  of  Glenlee  had,  according  to  Baron 
Hume,  "a  fondness  for  the  Greek  and  Latin  classics,  which. 


1787.]  THE  COURT  OF  SESSION.  205 

even  in  the  busiest  periods  of  his  life,  he  found  oj)j)ortunitie8 
to  indulge/'  He  wtus  Lord  Justice-Clerk  for  nearly  twenty- 
two  years,  from  1766  to  1788,  when  he  succeeded  Dundtis  as 
President  of  the  Court ;  and  throughout  that  long  })eriod  he 
wjis  regarded  jis  one  of  the  ablest  lawyers  on  the  bench. 

Of  lA)vd  Monbtxldo  it  is  hardly  necessary  to  say  anything. 
His  "  Attic  Banquets,""  when  "  the  master  of  the  feast  crowned 
his  wine,  like  Anacreon,  with  a  garland  of  roses,""  his  (}uaint 
theories  regarding  the  origin  of  man,  his  eccentric  habits,  and 
his  constant  flow  of  humour,  are  household  words  anumg 
Scottish  lawyers  at  the  ])resent  day. 

These  judges,  and  others  among  their  colleagues,  were  pro- 
found lawyers,  and,  at  the  same  time,  men  of  very  high 
attainments  in  general  literature.  They  all  flourished  while 
the  two  Dundases  were  at  the  heatl  of  the  Court. 

The  Court  of  Session  during  this  period  consisted  of  the 
Lord  President  and  fourteen  ordinary  judges.  Of  the  fourteen 
ordinary  judges,  one  sat  each  week  in  the  great  hall  of  the 
Parliament  House,  which  was  then  known  as  the  "Outer 
House,""  and  heard  causes  argued  before  him,  while  the  rest  of 
the  judges  were  sitting,  as  one  Court,  in  the  "Inner  House."" 
The  Court  rose  at  midday,  as  a  rule ;  and  in  the  afternoons, 
two  of  the  judges  sat,  by  turns,  to  hear  witnesses  in  those  cases  in 
which  evidence  of  disputed  facts  was  required.  "  This  Court,"" 
says  Lord  Bankton,  "is  justly  admired  for  its  contrivance,  in 
order  to  despatch  of  business,  and  at  the  same  time,  with  great 
solemnity  and  deliberation.""*  If  there  was  great  solemnity, 
there  was  also  great  deliberation ;  for  many  years  sometimes 
passed  before  the  litigant  reached  the  point  at  which  his  case 
came  to  be  argued  before  the  whole  Court,  "  in  p-esentia 
Domuwnimy  "  Ye  must  stand  primed,""  says  Alan  Fairford"s 
father,  "  for  a  hearing  in  presentia  Dorninorum,  upon  Tuesday 
next.""  "  I,  sir  ? ""  I  replied  in  astonishment,  "  I  have  not 
opened  my  mouth  in  the  Outer  House  yet.""  "  Never  mind  the 
Outer  House,  man,""  said  my  father,  "  we  will  have  you  into 
the  Sanctuary  at  once — ever  shoes,  ever  boots.""  "  But,  sir,  I 
should  really  spoil  any  cause  thrust  upon  me  so  hastily.""  "  Ye 
cannot  spoil  it,  Alan,""  said  my  father,  rubbing  his  hands  with 
much  complacency,  "that  is  the  very  cream  of  the  whole 
business,  man — it  is  just,  as  I  said  before,  a  subject  upon  which 


206  ARNISTON  MEMOIRS.  [1761. 

all  the  tyrones  have  been  trying  their  whittles  for  fifteen  years ; 
and  as  there  have  been  about  ten  or  a  dozen  agents  concerned, 
and  each  took  his  own  way,  the  case  is  come  to  that  pass,  that 
Stair  or  Arniston  could  not  mend  it ;  and  I  do  not  think  even 
you,  Alan,  can  do  it  much  harm — ye  may  get  credit  by  it,  but 
ye  can  lose  none/' 

The  greatest  Scottish  law-suit  of  the  eighteenth  century 
was  the  case  of  Hamilton  v.  Douglas,  best  known  as  the  Douglas 
Cause,  to  which  allusion  has  already  been  made.^  Lady  Jane 
Douglas,  sister  to  Archibald,  Duke  of  Douglas,  was,  on  the 
4th  of  August  1746,  privately  married  to  Colonel  Steuart, 
afterwards  Sir  John  Steuart  of  GrandtuUy.  She  was  then  in 
her  forty-ninth  year.  Soon  after  the  marriage.  Lady  Jane  and 
her  husband,  accompanied  by  her  confidential  attendant,  Miss 
Helen  Hewit,  and  two  maids,  went  abroad.  They  lived  at  the 
Hague,  Utrecht,  and  Aix-la-Chapelle  till  May  1748.  At  Aix- 
la-Chapelle  the  fact  of  the  marriage  was  disclosed  to  some  of 
Lady  Jane's  friends ;  and  about  the  same  time  it  was  rumoured 
that  Lady  Jane  was  soon  to  be  confined.  On  the  21st  of  May 
they  left  Aix-la-Chapelle  for  Rheims.  Here  the  two  maids 
were  left,  and  Lady  Jane,  then  supposed  to  be  within  a  week 
of  her  delivery,  her  husband,  and  Helen  Hewit,  started  for 
Paris,  which  they  reached  on  the  4th  of  July.  Here,  it  was 
said.  Lady  Jane  gave  birth  to  male  twins,  in  the  house  of  a 
Madame  Le  Brun.  In  the  end  of  the  year  1749,  Sir  John  and 
Lady  Jane  returned  to  England  with  the  two  boys,  one  of 
whom  died,  while  the  other  lived  to  be  the  defender  in  the 
famous  Douglas  Cause. 

In  July  1761  the  Duke  of  Douglas  died,  and  three  com- 
petitors appeared  as  claimants  of  his  estate.  The  Duke 
of  Hamilton,  as  heir-male  of  the  family  of  Douglas,  claimed 
the  whole  landed  estate,  except  what  the  Duke  of  Douglas 
had  himself  purchased.  The  Earl  of  Selkirk  claimed  the 
estates  of  Angus  and  Dudhope,  as  heir  of  provision  under 
certain  deeds  of  settlement  executed  by  James,  Marquis  of 
Douglas,  father  of  the  late  Duke.  Archibald  Steuart  or 
Douglas,  the  survivor  of  the  twins  said  to  have  been  born  in 
Paris,  claimed  the  whole  landed  estate,  as  heir  general  and  of 

^  Supra,  p.  181. 


1767.]  THE  DOUGLAS  CAUSE.  207 

line,  <ijroun(lin<;  his  claim  iijxjn  certain  deeds  of  settlement 
executed  by  James,  Manjuis  of  Doujjjhts,  and  upon  a  settlement 
made  by  the  late  Duke  of  Dou^his  a  few  days  before  his  death, 
by  which  he  revoked  a  settlement  in  favour  of  the  family  of 
Hamilton,  and  executed  an  entail  of  his  estates  in  favour  of 
the  supposed  son  of  Sir  John  Steuart  and  Lady  Jane.  In 
September,  the  third  claimant,  Mr.  Steuart,  was  served  heir 
to  the  late  Duke,  according  to  the  ordinary  forms  of  the  law 
of  Scotland.  The  service  was  unopj^osed.  But  before  long 
rumours,  which  had  been  current  for  several  years,  to  the  effect 
that  the  story  of  the  birth  at  Paris  was  an  invention,  led  the 
tutors  of  the  Duke  of  Hamilton,  who  was  a  minor,  to  cause  an 
in([uiry  to  be  made  into  the  circumstances.  The  result  was 
that  they  came  to  the  conclusion  that  the  claimant  was  not 
the  son  of  Latly  Jane,  but  of  a  certain  Nicolas  Mignon  and 
Marie  Guerin,  his  wife,  from  whom  he  had  been  obtained  for 
fraudulent  purposes.  An  action  to  reduce  the  service  was  at 
once  instituted  by  the  Duke  of  Hamilton ;  and  thus  the  sole 
question  in  the  great  Douglas  cause  came  to  be.  Was  or  was 
not  Archibald  Steuart  the  son  of  Sir  John  and  Lady  Jane  ? 

Lady  Jane  had  died  in  November  1753,  pouring  forth,  in 
her  dying  moments,  blessings  upon  the  youth  whom  she 
declared  to  be  her  son.^  Sir  John  died  in  June  1764,  having, 
on  his  deathbed,  declared  that  the  story  of  the  claimants  birth 
was  true. 

The  case  speedily  resumed  gigantic  dimensions,  and  for  a 
long  time  engrossed  the  attention,  not  only  of  lawyers,  but  of 
general  society  to  an  extraordinary  extent.  There  were  pro- 
ceedings in  France  at  which  counsel  from  Scotland,  Francis 
Garden,  Burnet  of  Monboddo,  Dalrymple  of  Hailes,  and  Rae, 
afterwards  Lord  Eskgrove,  attended  and  gained  great  distinc- 
tion. The  evidence  was  intricate,  and  in  many  instances 
contradictory.  But  at  length  the  Court  of  Session  met,  on 
the  7th  of  July  1767,  to  give  its  final  judgment. 

Lord  President  Dundas  spoke  first.  "My  Lords,**'  he 
began,  "  in  delivering  my  opinion  on  this  great  and  important 
cause,  it  was  my  resolution  to  have  spoken  last,  and  not  until 
I  had  heard  the  opinions  severally  given  by  your  Lordships. 

'  Case  for  the  Appellant,  p.  46. 


208  ARNISTON  MEMOIRS.  [1767. 

This  was  my  resolution  so  long  as  we  sat  fourteen  in  number, 
and  so  long  as  there  was  a  certainty,  that  the  question  could 
not  fall  to  be  determined  by  my  casting  vote.  But,  as  we  now 
sit  fifteen  in  number,  and  that  there  is  a  possibility  that  my 
casting  vote  may  be  called  for,  I  judge  it  my  duty  to  speak 
first,  to  state  my  opinion  and  the  grounds  of  it,  not  doubting 
but  that,  if  it  is  erroneous,  some  of  your  Lordships  who  are 
to  speak  after  me  will  correct  me."''' 

Having  stated  the  point  at  issue,  in  succinct  terms,  he  at 
once  revealed  his  own  opinion  to  be  that  the  story  of  the  birth 
at  Paris  was  untrue.  "  I  observe,  in  the  first  place,  that  the 
defender''s  story  is  improbable. 

"  That  a  lady  of  Lady  Jane's  age,  so  near  to  the  period  of 
her  delivery,  and  in  her  first  child,  should  leave  Aix-la-Chapelle, 
travel  to  Liege,  thence  to  Sedan,  from  thence  to  Rheims,  and 
from  Rheims  to  Paris,  without  absolute  necessity,  is  to  me 
extremely  improbable.  That,  in  this  journey,  they  should 
linger  eight  days  at  Sedan,  and  near  four  weeks  at  Rheims, 
when  her  resolution  was  to  go  on  to  Paris,  and  her  delivery 
fast  approaching,  is  still  more  so ;  and  that  she  should  drop 
her  maids  at  Rheims,  at  the  time  when  she  stood  most  in  need 
of  them,  and  when  they  could  have  been  carried  to  Paris  at  the 
expense  of  a  few  livres,  is  not  to, be  believed. 

"  It  is  to  me  equally  improbable,  that  Lady  Jane  should 
have  concealed  her  being  with  child  so  carefully,  as  it  is  said 
she  did.  Was  not  her  being  with  child  the  accomplishment 
and  crown  of  all  her  wishes,  the  very  end  and  motive  which 
had  led  her  to  give  her  hand  to  Colonel  Steuart  ?  Why  then 
conceal  it  ?  ""^ 

Having  examined  the  evidence  in  detail,  and  given  his 
reasons  for  regarding  the  account  of  the  defender's  birth  as 
inconsistent  and  suspicious,  he  concluded  by  referring  to  the 
solemn  declarations  which  Sir  John  and  Lady  Jane  had  made 
at  the  end  of  their  lives.  "  The  deathbed  declarations  in  this 
cause  do  not  move  me.  When  crimes  are  committed,  the  com- 
mitters rarely  choose  to  confess,  if  by  concealing  they  can  escape 
that  infamy  which  otherwise  would  pursue  them.  Lady  Jane 
could  not  but  see,  that,  when  the  Rubicon  was  past,  there  was 
no  retreating.  Had  she  been  tempted  to  have  divulged  a 
secret  so  important,  the  consequences  would  have  been,  infamy 


1767.]  THK  DOUCiLAS  CAUSK.  iOJ) 

on  her  own  incniorv,  and  ni})ital  punislnncnt  on  her  Jtssoeiatex. 
That  in  Sir  John's  judicial  dethiration  many  things  are  false, 
cannot  l)e  denied.  Between  an  oath  and  a  declaration  there 
is  little  difference ;  and  yet  Sir  Jolni,  upon  his  deatlihed,  does 
not  confess  them;  and  tho' lie  makes  a  deathl)e{l  declaration, 
takes  no  notice  of  any  of  them/' 

As  soon  as  the  President  had  ended,  the  other  jud«^es  pro- 
ceeded to  «i;ive  their  opinions.  Six  days  were  occupied  by  their 
speeches,  from  Tuesday  the  7th  of  July  to  Tuesday  the  14th  ;^ 
and  when  Lord  Monboddo,  who  s})oke  last,  had  finished  a 
long  examination  of  the  evidence  by  declaring  "  that  the 
tale  told  by  the  pursuers  is  the  most  improbable  that  wax 
ever  told  in  any  Court  of  Justice,''  it  was  found  that,  ex- 
cluding the  Lord  President,  seven  judges  had  voted  on  each 
side. 

His  I^)rdshij)  then  said,  **  .Vs  this  is  a  cause  of  civil  pro- 
perty, I  think  myself  bound  to  give  judgment  iiccording  to 
my  own  opinion  ;  and  therefore  I  am  for  sustaining  the  reasons 
of  reduction."'-  As  a  matter  of  course,  the  case  was  instantly 
taken  on  a})peal  to  the  House  of  Lords.  In  addition  to  mem- 
bers of  the  Scottish  bar,  some  of  the  most  celebrated  l^nglish 
advocates  were  retained,  among  whom  were  Thurlow,  Wedder- 
burn,  and  Charles  Yorke.  "  Mr.  Charles  Yorke,"  says  Horace 
Walpole,  "was  the  least  admired.  The  Duchess  of  Douglas 
thought  she  had  retained  him ;  but,  hearing  he  was  gone  over 
to  the  other  side,  sent  for  him,  and  cjuestioned  him  home.  He 
could  not  deny  that  he  had  engaged  himself  for  the  House  of 
Hamilton.  '  Then,  sir,'  said  she,  '  in  the  next  world  where  will 
you  be,  for  we  have  all  had  you  t ' " 

Lord  Campbell,  in  his  Liven  of  the  Chancellors^  is  not  exag- 
gerating in  the  least  when  he  says  that  in  Scotland  the  Douglas 
Cause  had  almost  led  to  a  civil  war  between  the  supporters  of 
the  opposite  sides,  and  that  in  England  even  it  had  excited 
more  interest  than  any  (juestion  of  jjrivate  right  had  ever  done 
before.     "  The  ap])eal,"  he  says,  "  was  heard  in  the  session  of 


'  The  Court  did  not  sit  on  Monday  the  13th. 

-  The  Court  divided  as  follows  : — For  the  pursuer,  Lord  President,  I^ird 
Justice-Clerk  (Sir  Thomas  Miller),  and  Lords  Aleniore,  Kennet,  Barjarg,  Klliock, 
Stonefield,  and  Hailes ;  for  the  defender.  Lords  Strichen,  Karnes,  Pitfour, 
Gardenstoun,  Auchinleck,  Coalston,  and  Monlxxldo. 


210  ARNISTON  MEMOIRS.  [1769. 

1769,  and  drew  vast  crowds  to  the  bar  of  the  House  of  Lords 
to  listen  to  the  weighty  and  eloquent  argumentation  of  Thur- 
low,  Wedderburn,  and  the  other  most  eminent  advocates  of  the 
age.  It  was  conjectured  that  the  law  Lords  were  for  the 
appellant,  but  the  great  body  of  the  peers  had  attended  the 
hearing  of  the  appeal,  and  were  to  take  part  in  the  decision ; 
there  had  been  much  canvassing  for  the  '  Douglases '  and  the 
'  Hamiltons,'  and  a  great  degree  of  suspense  existed  down  to 
the  very  morning  of  tlie  judgment/' 

When  judgment  came  to  be  given,  the  proceedings  were 
opened  by  two  lay  peers,  the  Duke  of  Newcastle  and  Lord 
Sandwich,  the  latter  of  whom  seems  to  have  delivered  an 
oration  which  would  have  been  more  in  place  among  the 
cloisters  of  Medmenham  Abbey.  ^ 

They  were  followed  by  Lord  Chancellor  Camden.  "We 
have  one  short  question  before  us,'"*  he  said — "Is  the  appellant 
the  son  of  the  late  Lady  Jane  Douglas,  or  not.?  I  am  of 
opinion  that  he  is ;  and  moreover  that  a  more  ample  and 
positive  proof  of  the  chiWs  being  the  son  of  a  mother  never 
appeared  in  a  court  of  justice,  or  before  any  assize  whatever."" 
Lord  Mansfield  took  the  same  view,  and  the  judgment  of 
the  Court  of  Session  was  reversed  without  a  division.  The 
joy  which  this  decision  gave  in  Scotland  has  already  been 
described.^ 

The  Douglas  Cause  was  a  romance.  But,  during  this  period, 
the  Court  was  constantly  engaged  in  pronouncing  decisions  by 
which  an  intricate  system  of  land  rights  was  developed,  and 
the  law  of  entail  rendered  as  strict  as  possible.  The  Dun- 
treath  case  is  an  instance  of  the  favour  with  whicli  the  Court 
regarded  even  a  defective  entail.^  This  decision  the  House  of 
Lords,  under  the  advice  of  Lord  Mansfield,  reversed,  much  to 
the  annoyance  of  the  judges  of  the  Court  of  Session.  But, 
although  during  the  whole  of  last  century  our  judges  were 
laboriously  building  up  that  structure  of  the  feudal  law,  which 
the  legislature  has  during  a  great  part  of  this  century  been  as 
laboriously  demolishing,  nevertheless  no  one  could,  in  those 


^  Lives  of  the  Chancellors,  vol.  v.  p.  289. 

^  Supra,  p.  181. 

'*  Edmonstone  v.  Edmonstone,  15th  April  1771,  M.  4409,  2  Paton,  225. 


1769.] 


THE  SCOTTISH   BENCH. 


2\t 


days,  hold  his  own  upon  the  Scottisli  bench  without  heinjr  not 
only  well  read  in  the  law  of  Scotland,  hut  also  a  proficient 
scholar  in  the  lore  of  the  civilians  and  canonists,  whose  writings 
were  daily  (pioted  by  a  school  of  j)leaders  who  hml  studied  in 
the  famous  universities  of  the  Continent,  and  who  were,  most 
of  them,  its  good  chussic  scholars  as  they  were  hiwyers. 


"  1  am  always  happy  in  find- 
ing myself  in  the  old  Oak  Room 
at  Arniston,  where  I  have  drank 
many  a  merry  bottle,  and  in  the 
fields  where  I  have  seen  many 
a  hare  killed." 

Sir  Walter  Scott's  Diary,  January  1828. 


CHAPTER   XL 

LORD  CHIEF  BARON  DUNDAS. 

For  almost  a  hundred  years  before  the  death  of  the  second 
President  Dundas  there  liad  never  been  a  time  when  some 
member  of  the  house  of  Arniston  was  not  either  a  judge,  or 
Solicitor-General,  or  Lord  Advocate,  or  President  of  the 
Supreme  Court  of  Scotland,  with  the  exception  of  from  1726 
to  1737 ;  and  during  that  short  period,  Robert  Dundas  (after- 
wards the  first  President)  had  been  the  leader  of  the  Inde- 
pendent Whigs,  who  were  in  opposition  to  Sir  Robert 
Walpole.  During  four  generations  the  Dundases  had  ex- 
hibited, to  their  country,  the  spectacle  of  a  family  in  which 
€ach  succeeding  heir  was  the  rival  of  his  father  in  capacity  for 
affairs  and  in  the  power  of  achieving  a  high  position  in  the 
service  of  the  state.  This  fact  alone  explains,  in  some  degree, 
the  extraordinary  influence  which  they  had  now  acquired.  But 
other  circumstances  combined  to  secure  their  ascendency.  Not 
only  had  the  official  life  of  this  remarkable  family  extended 
over  nearly  a  century,  but  the  marriages  of  the  Dundases,  and 
the  private  friendships  which  they  formed,  all  tended  to  ad- 
vance their  political  influence.  By  marriage  they  were  related 
to  families,  in  every  part  of  Scotland,  whose  widespread  con- 
nections it  would  be  tedious  to  describe,  but  who  possessed,  in 
their,  counties,  an  amount  of  personal  and  political  influence, 
which,  in  the  altered  circumstances  of  our  own  times,  it  is 
difficult  to  realise.  The  narrow  limits  within  which  the 
franchise  was  confined,  and  the  constitutional  maxim  of  those 
days — that  land  alone  was  entitled  to  representation — put 
immense  power  into  the  hands  of  a  few  families  in  each  county ; 
and  the  Dundases,  not  only  connected  by  kinship  with  many 


1787.]  POWER  OF  TMK  DUNDASKS.  -2\:i 

of  those  families,  but.  also  |)<)ssessin<»;  the  means  of  bestowing- 
places  or  j>ei)si()ns  on  tlieiu,  were  able  to  secure,  very  frecjuently, 
a  voice  in  deciding  who  should  be  the  county  member. 

The  small  lunnber  of  electors  made  it  easy,  jis  a  rule,  to 
mana»i^e  the  elections.  It  is  probable  that,  about  the  time  of 
the  second  I^)rd  Presidents  death,  there  were  not  more  than 
2()()0  county  votes  in  Scotland,  if  indeed  there  were  so  many. 
In  Midlothian  there  were  not  a  lunuhed  electors.  In  Cromarty 
there  were  only  six.  All  over  the  country  the  constituencies 
were  small  select  bodies,  consisting  of  the  freeholders,  who 
alone  had  the  ri<i^ht  of  votin*^.  Nor  were  the  county  electors 
merely  few  in  number.  A  majority  were  "paj)er  barons"' (or 
fiiggot  voters  tus  they  would  now  be  called),  whose  (jualifications 
had  been  created  in  order  to  confer  a  vote,  which  they  were 
bound  in  honour  to  give  in  favour  of  the  candidate  who  was 
supported  by  the  landowner  from  whom  they  obtained  it. 
The  county  constituencies  were,  in  fact,  entirely  in  the  hands 
of  a  few  families ;  and,  therefore,  the  powerful  house  of 
Aniiston,  with  its  social  and  official  influence  in  almost  every 
county,  was  able  to  secure  an  unprecedented  sway  over  the 
political  destinies  of  Scotland. 

In  the  burghs,  too,  the  Dundases  had  now  great  influence. 
There  the  state  of  matters  was,  if  possible,  more  anomalous 
than  in  the  counties.  For  the  burgh  members  were  chosen 
by  the  town-councillors ;  and  the  town-councillors  having  been 
chosen  by  themselves,  there  was  nothing  in  the  shape  of 
po])ular  representation.  In  Edinburgh,  for  instance,  the  self- 
elected  Town-Council,  numbering  thirty-three  persons,  chose 
the  member ;  and  thus  in  a  city  where  the  Supreme  Court  of 
Scotland  sat,  which  was  famous  for  its  school  of  medicine,  and 
which  had  been  the  home  of  Principal  Robertson  and  David 
Hume,  neither  lawyer,  physician,  nor  historian  had  the 
franchise.  Large  towns  like  Paisley  or  Greenock  did  not 
return  a  member  to  Parliament ;  and  even  Glasgow,  rapidly 
rising  to  be  a  power  in  the  commercial  world,  only  shared  a 
member  with  the  insignificant  burghs  of  Renfrew,  Ruther- 
glen,  and  Dumbarton.  At  a  time  when  county  families  lived 
chiefly  on  their  estates,  and  usually  passed  at  least  a  part  of 
the  winter  in  the  county  town,  they  had  many  opportunities 
of  acquiring  influence  with  the  town-councillors ;  and,  accord- 


^14  ARNISTON  MEMOIRS.  [1787. 

ingly,  the  same  means  which  were  used  to  manage  the  counties 
could  be  applied  to  the  burghs.  And,  apart  from  such  local 
influences,  the  distinguished  position  of  the  Dundases,  as  the 
<lispensers  of  patronage,  naturally  made  the  average  town- 
councillor  willing  to  sup})ort  the  Government,  in  the  hope 
tliat  his  allegiance  might  be  rewarded  by  some  snug  place  in 
the  Customs  or  the  Post  Office. 

And  now,  when  tlie  long  career  of  the  second  President  had 
<:losed,  tlie  vast  social  and  parliamentary  interest  of  the  family 
was  left  under  the  management  of  liis  brother  Henry,  to  whose 
success  in  the  House  of  Commons  allusion  has  already  been 
made.^  He  had  been  Solicitor-General  and  Lord  Advocate  in 
the  government  of  Lord  Nortli.  Lord  North  was  succeeded 
by  Rockingliam,  under  wliom  Dundas  retained  his  office. 
Rockingliam  was  succeeded  by  Slielburne ;  but  the  only  effect 
whicli  tlie  cliange  had  on  Dundas  was  that  the  Prime  Minister, 
in  order  to  secure  his  support,  gave  him,  in  addition  to  the 
office  of  Lord  Advocate,  the  Treasurership  of  the  Navy,  and 
the  whole  patronage  of  Scotland.  On  the  formation  of  the 
Coalition  government  he  lost  his  offices ;  but  when,  in  Decem- 
ber 1783,  Mr.  Pitt  became  Prime  Minister,  Dundas  became 
Treasurer  of  the  Navy,  and  was  the  premier''s  right-hand 
man  during  tlie  long  struggle  between  the  Ministry  and  the 
Commons.  After  the  dissolution  and  general  election  of  1784, 
which  secured  the  triumph  of  Mr.  Pitt,  and  placed  him  in 
power  for  the  next  seventeen  years,  Dundas  reached  the 
pinnacle  of  his  greatness,  and  occupied  the  position  which 
Lord  Cockburn  describes  in  such  graphic  terms.  "  Henry 
Dundas,""  he  says,  "  was  the  Pharos  of  Scotland.  Who  steered 
upon  him  was  safe ;  who  disregarded  his  light  was  wrecked. 
It  was  to  his  nod  that  every  man  owed  what  he  had  got,  and 
looked  for  what  he  wished." 

Though  not  the  head  of  the  Arniston  family,  Henry 
Dundas  was  the  guiding  spirit,  by  whose  councils  the  family 
interest  was  maintained  as  of  old.  In  the  estate  of  Arniston 
the  second  President  was  succeeded  by  his  eldest  son,  Kobert, 
who  was  bom  on  the  6th  of  June  1758. 

A  journal  in  the  collection  at  Arniston,  kept  by  young 

^  Stcpra,  p.  185. 


1779]  A  JOURNEY  TO  ENGLAND  IN  1772.  215 

Robert  Dmuhts,  (Icscriht's  his  first  visit  to  Kngland,  wlieii  a 
boy  in  1772,  with  his  father  and  mother.  They  left  Arniston  on 
tlie  9th  of  May,  and  reached  l^ixton  on  the  23d.  The  route 
taken  was  by  Kast  Lothian,  Herwiek,  and  Newcastle.  Thence 
they  went  by  Durham  to  Nottin<^ham  ;  and  from  Nottin<^ham 
by  Derby  to  Ruxton.  Besides  the  carriage,  they  had  saddle 
horses  with  them  ;  and  the  IVesident  and  his  son  varied  the 
monotony  of  the  long  drive  by  riding,  whenever  a  pleasant 
part  of  the  country  was  being  traversed.  The  sights  which 
would  attract  the  attention  of  a  Scottish  boy  on  his  first  visit 
from  home,  the  cathedrals  and  great  churches,  and  the  bridges 
over  the  Tyne  and  Trent,  are  described,  and  also  a  gibbet  near 
Newcastle,  on  wliich  the  body  of  a  malefactor  was  hanging  in 
chains.  At  Nottingham  he  saw  an  Knglish  stjige-cotich  for 
the  first  time.  "  When  we  came  back  to  the  Inn  (The  Blacka- 
moor's Head)  we  saw  the  stage-coach  for  I^)ndon  come  in.  It 
was  a  great  hulk  of  a  thing,  with  a  large  cover  behind.  They 
immediately  set  off  again :  in  about  an  hour  after  the  coach 
from  London  came,  which  was  to  stay  all  night  till  two  in  the 
morning.'" 

He  was  called  to  the  bar  in  1779  ;  and  as  the  son  of  the 
Ix>rd  President,  and  the  nephew  of  Henry  Dundas,  everything 
was  in  his  favour.  When  on  a  visit  to  London  he  pleased  his 
granduncle,  Mr.  Thomas  Dundas,  son  of  the  second  Lord 
Aniiston,  and  Sheriff  of  Galloway,  who  had  supposed  that 
young  Dundas  would  be  wholly  engrossed  witli  the  amusements 
of  the  town,  by  writing  him  a  letter  in  which  he  described  the 
great  figure  which  his  uncle  Henry  was  making  in  the  House 
of  Commons.  The  old  gentleman,  in  return,  gave  him  some 
very  good  advice. 

Mr.  Thomas  Dundas  to  his  Grand  Nephew  Robert  Dundas, 
Younger  of  Arniston. 

Keith,  April  lo,  1781. 
My  dear  Robie, — What  you  write  me  concerning  the  Advo- 
cate,^  is  most  agreeable,   for  you  know,   no  man   can  wish  him 
better  than  I  do,  and  indeed  his  parts  are  surprising  and  his  o])en- 
ness  and  courage  most  delightful ;  he  is  plagueing  Charles  Fox  and 

^  Henry  Dundas. 


216  ARNISTON   MEMOIRS.  [1784. 

the  faction,  but,  what  you  are  not  aware  of,  he  will  plague  you 
more  after  this.  You  will  very  probably  succeed  him  and  represent 
Mid-Lothian,  and  the  higher  the  pyramid  he  raises,  the  more 
strength  it  will  take  to  support  it.  It  will  rob  you  of  many  nights' 
rest,  and  cost  you  immensity  of  labour  not  to  degenerate  from  the 
fame  of  your  predecessor.  In  London,  at  present,  your  nights 
may  be  devoted  as  you  please,  perhaps  to  Mammon,  but  the  day 
to  serve  God  and  your  country.  Your  language  must  be  purified, 
a  most  difficult  task,  for  it  generally  sticks,  like  original  sin.  Your 
knowledge,  by  ardent  study  and  the  conversation  of  mankind,  must 
be  improved,  and  graces  of  speaking  learned  from  the  best 
masters,  your  orators  in  Parliament,  and  then,  like  the  Advocate, 
you  will  be  esteemed  and  courted  by  high  and  low.  .  .  . — I  am 
always,  etc.  etc.  etc.,  Tho^-  Dundas. 

He  had  not  long  to  wait  ;  for  in  Januax'y  1784,  soon  after 
Mr.  Pittas  government  took  the  place  of  the  Coalition,  he 
received  a  letter  from  Lord  Sidney,  who  was  then  Under- 
Secretary  of  State,  informing  him  that  he  was  appointed 
Solicitor-General.  He  was  only  twenty-five  years  of  age. 
Tliis  was  rapid  promotion  ;  but  it  seemed  natural.  His  father 
had  been  Solicitor- General  at  twenty-nine,  and  his  uncle 
Henry  at  twenty-four.  Lord  Cockburn  attributes  the  success 
of  young  Dundas  entirely  to  family  influence,  and  forms  a  very 
low  estimate  of  his  capacity.^  He  certainly  had  not  the  talent 
of  his  kinsmen,  who  had  held  office  before  him  ;  and,  without 
family  interest,  he  might  not  have  risen  as  he  did.  But 
tliough  his  abilities  were  moderate,  it  must  be  remembered 
that  Lord  Cockburn  bore  no  goodwill  to  his  cousin  Robert 
Dundas.  Cockburn*'s  separation  from  the  political  party 
among  whom  he  had  been  brought  up,  at  a  time  when 
party  spirit  ran  high,  could  not  fail  to  carry  with  it  a  tinge 
of  bitterness  towards  former  friends.  And  it  was  no  secret 
tliat  it  was  towards  Robert  Dundas  that  this  feeling  was 
chiefly  directed. 

His  statement  that  Dundas,  when  at  the  bar  with  all  the 
advantages  of  his  position,  all  the  favour  of  agents,  and  all  the 
partiality  of  courts,  never  commanded  any  independent  private 
practice,  is  by  no  means  correct.     In  the  first  year  of  his  prac- 


^  Memorials  of  His  Time,  p.  156. 


1784]  MIDLOTHIAN  ELFXTION.  217 

tk-e,  iiu"liuHn<r  IW  in  c-onipIinuMitai y  retjiiners  from  his  father's 
friends  the  Dukes  of  Hucvleuch  ami  (iordon,  the  Karls  of 
Kinnoull,  Fiiuilater,  and  otliers,  younjr  Dunda-s's  fees  amounted 
to  ol^20.  In  tlie  second  year  of  his  practice  they  amounted  to 
X^nO;  in  tlie  third  to  ^{304;  and  in  the  fourth  to  X'50i3 ; 
which  would  be  considered  a  good  start  in  business,  even  witli 
the  higlier  scale  of  fees  of  the  present  day. 

In  the  fifth  year  of  his  pnictice  Dundas  was  appointed 
Solicitor-General,  and  liis  practice  at  the  Scottish  bar  was 
interrupted  by  liis  entering  Parliament,  but  while  holding  the 
office  of  Solicitor-General  iiis  fees  averaged  4.^144**3,  including 
only  1^368  of  official  salary.  In  1790  he  was  appointed  I^)rd 
xVdvocate,  and  in  the  two  succeeding  years  his  fees  averaged 
.£^707,  including  a  salary  which  averaged  i;^1333.^ 

It  was  to  the  influence  of  his  uncle  Henry  tliat  Robert 
Dundas  owed  his  appointment  as  Solicitor-General.  The 
Coalition  Ministry  was  dismissed  on  the  18th  of  December 
1783,  and  Mr.  Pitt  became  Prime  Minister.  Mr.  Henry 
Dundas  took  the  office  of  Treasurer  of  tlie  Navy  for  himself, 
and  at  the  same  time  took  care  to  secure  that  of  Solicitor- 
General  for  Scotland  for  his  nephew. 

Mr.  Henry  Dundas's  seat  for  Midlothian  becoming  vacant 
by  his  acceptance  of  office,  a  new  election  was  necessary ; 
and  the  following  account  of  what  took  place,  taken  from  the 
Caledonian  Mercury^  shows  how  easily  things  were  managed 
in  a  county  constituency  consisting  of  less  than  a  iiundred 
freeholders : — 

"  The  election  of  a  representative  for  the  county  of  Mid- 
lothian was  held  in  the  Parliament  House  to-day — a  vacancy 
liaving  been  created  by  the  appointment  of  Mr.  Henry  Dundas 
to  the  office  of  Treasurer  of  the  Navy.  Sir  Alexander  Dick 
was  elected  Preses,  and  the  roll  of  freeholders  having  l)een 
called,  the  meeting  unanimously  re-elected  Mr.  Dundas. 

"  Mr.  Robert  Dundas  then  addressed  the  meeting,  and  in 
the  necessary  absence  of  his  uncle  on  public  business,  thanked 


*  Lord  Cockbum's  mother  was  Miss  Janet  Rannie,  younger  daughter  of 
Captain  Rannie  of  Melville.  Her  sister  was  married  to  Henr)'  Dundas.  His 
father  was  a  nephew  of  the  first  President  Dundas.     Supra,  p.  88. 


218  ARNISTON   MEMOIRS.  [1784. 

them  for  the  honour  they  had  done  his  relation  in  electing  him 
for  the  eighth  time  tlieir  representative.  He  apologised  to 
them  for  the  active  part  he  liad  taken  in  canvassing  the  county 
for  his  absent  relative.  He  had  been  informed  that  a  formid-. 
able  opposition  was  intended,  and  after  observing  meetings  of 
freeholders  called  by  public  advertisement  with  the  view  of 
naming  a  different  candidate,  he  felt  himself  called  upon  to 
watch  over  his  interests,  and  solicit  the  continuance  of  the 
support  of  the  county.  The  numerous  and  respectable 
appearance  of  the  day  convinced  him  that  his  hon.  friend 
still  possessed  the  confidence,  the  friendship,  and  the  support 
of  an  independent  county,  and  whilst  he  continued  to  liold 
liis  seat  by  so  Iionourable  a  tenure  lie  was  sure  that  all 
opposition  to  Iiim  would  prove  fruitless.  After  the  election 
was  over,  the  freeholders  were  entertained  at  dinner  in  the 
Assembly  Hall." 

Besides  political  reasons  the  opposition  to  which  the  young 
Solicitor  alluded  arose  from  a  jealousy  on  the  part  of  a  few  of 
the  freeliolders  of  the  representation  of  the  county  becoming 
a  Peerage^  as  it  was  termed,  in  one  family,  and  the  freeholders 
being  thereby  reduced  to  insignificance.  Mr.  Henry  Dundas, 
however,  secure  in  his  long  experience  of  the  county,  was  not 
in  the  least  alarmed.  "I  have  heard,''  lie  says,  in  a  letter  to 
his  daughter  Elizabeth,  "  from  different  quarters  the  accounts 
of  my  late  opposition  in  the  county.  From  what  I  can  learn, 
it  has  been  matter  of  much  speculation  in  your  part  of  the 
world.  Here,  it  was  laughed  at,  and  I  should  have  joined  in  the 
laugh  if  that  sensation  had  not  given  way  to  another  of  a  more 
pleasing  nature,  I  mean  my  nephew  Robert.  Every  letter  I 
have  received  upon  the  subject  is  full  of  his  praises.  I  there- 
fore must  rejoice  at  the  opportunity  that  has  been  afforded 
him  of  making  himself  known  and  in  fighting  my  cause.  I 
trust  he  has  laid  the  foundation  of  acquaintance  and  connexion 
that  will  one  day  be  of  material  benefit  to  himself.'' 

In  the  spring,  just  before  the  dissolution  of  Parliament, 
Mr.  Dundas  came  down  from  London,  and  attended  a  dinner 
given  by  the  Town  Council  of  Edinburgh  to  the  city  member, 
Mr.  James  Hunter  Blair.  Young  Robert  Dundas  was  there ;  and 
among  others  present  was  James  Boswell,  who  had  not  long 


1782.]  LKTTER  TO  HIS  COUSIN.  219 

before  celebrated  the  fall  of  the  Coalition  Ministry  by  publish- 
ing a  "  letter  to  the  People  of  Scotland,"'  of  which  Dr.  .John- 
son had  been  pletused  to  express  approval.  "  Many  excellent 
constitutional  tojtsts  were  ^iven  by  the  Lord  Provost.  Mr. 
Hoswell  siui«>;  a  ballad  of  his  own  composition  on  the  Midlothian 
Addrefttt^  the  la.st  verse  of  which  (alluding  to  Mr.  Solicitor- 
GeneraFs  very  interesting  appearance  at  his  honourable  uncle''8 
late  election)  was  as  follows : — 

Young  Robert  again,  with  his  modest  fine  fire, 

Will  draw  praise  from  all  present,  and  tears  from  his  sire. 

Huzza  then,  brave  boys !  send  it  off  by  express. 

And  let  Melville  present  the  Midlothian  Address."  1 

The  young  Solicitor-General  had,  in  the  meantime,  fallen 
in  love  with  his  cousin  Miss  Elizabeth  Dundas.  In  a  boyish 
letter  written  to  her  soon  after  he  came  to  the  Bar  he  laments 
the  fact  that  neither  he  nor  slie  was  tall.  "  Heaven,'*''  he  savs, 
"  seems  to  have  been  rather  niggard  in  its  bounties  to  you  and 
I,  whilst  it  has  been  no  less  lavish  on  some  of  the  younger 
branches  of  the  family.  Not  only  has  it  cruelly  curtailed  our 
statures  among  the  sons  and  daughters  of  man,  but  it  has 
mortified  us  by  giving  to  William  and  Ann  in  the  same  pro- 
])ortions  that  it  hath  taken  from  us.'*''  This  recalls  Lord 
Cockburn's  description  of  him  as  "a  little,  alert,  handsome, 
gentleman -like  man,  with  a  countenance  and  air  beaming  with 
sprightliness  and  gaiety,  and  dignified  by  considerable  fire ; 
altogether  inexpressibly  pleasing,'*"'  and  also  the  complaint 
which  Mr.  Ferguson  of  Pitfour,  the  member  for  Aberdeenshire, 
is  said  to  have  made,  during  a  division  in  the  House  of  Com- 
mons, when  Dundas  came  to  be  Lord  Advocate, — "  The  Lord 
Advocate  should  always  be  a  tall  man.  We  Scotch  members 
always  vote  with  him,  and  we  need,  therefore,  to  be  able  to 
see  him.  I  can  see  Pitt  and  Addington,  but  I  can''t  see  this 
new  Lord  Advocate.'' 

The  William  alluded  to  was  his  younger  brother,  a  very 
handsome  man,  who  retained  his  good  looks  to  an  advanced 
age.     Ann  was  his  cousin  Elizabeth's  sister,  who  also  deserved 


*  The  allusion  is  to  an  address  in  favour  of  the  Ministry  which  had  recently 
been  adopted  at  a  county  meeting  in  Midlothian. 


220  ARNISTON  MEMOIRS.  [1787. 

the  praise  for  personal  appearance  bestowed  upon  lier.  She 
married,  in  February  1786,  Mr.  Henry  Drunnnond,  banker,  of 
Charing  Cross,  and  was  tlie  mother  of  Henry  Drummond,  M.P. 
of  Albury. 

On  the  back  of  young  Dundas^s  letter  to  his  cousin  there  is 
a  brief  note — written  long  years  after — "  The  oldest  letter  the 
Chief  Baron  ever  wrote  me,  when  I  lived  at  Millhead  in  1782 
or  3.''  His  addresses  had  been  favourably  received ;  and 
Henry  Dundas,  too,  liad  formed  a  very  high  opinion  of  liis 
nephew,  for  he  had  already  requested  his  brother,  the  President, 
to  show  him  all  his  letters.  "  When,''  he  says,  "  I  write  you 
confidential  letters,  show  them  all  to  your  son  Robert ;  for  I 
have  that  good  opinion  of  his  understanding  and  perfect  dis- 
cretion, I  have  no  thoughts  of  ever  being  upon  reserve  witli 
him  in  anything.''  But  it  was  not  until  three  years  after  liis 
appointment  as  Solicitor-General  that  matters  were  finally 
arranged.  Then,  nothing  having  occurred  to  interfere  with 
the  affair,  the  elder  members  of  the  family  were  consulted 
on  the  subject  in  the  spring  of  1787,  when  the  lady's  father 
wrote  to  the  Lord  President,  expressing  his  approval,  and 
making  arrangements  for  a  suitable  provision  for  the  young 
couple. 

Henrv  Dundas  to  his  Brother,  the  Second  President  Dundas. 

WiMBLEi>ON,  Saturday,  \lth  March  1787. 
Mv  dear  Lord, — The  Solicitor  and  Elizabeth  having  explained 
themselves  to  each  other,  I  do  not  think  anything  you  or  I  have  to 
do  in  the  business  need  take  much  time,  or  give  us  any  trouble. 
He  mentioned  to  me  in  a  conversation  he  desired  with  me  yester- 
day an  intention  of  desiring  James  Newbigging  to  come  up,  and 
to  bring  up  papers  with  him,  in  order  to  show  me  particularly 
how  his  situation  and  prospects  stood.  There  is  not  the  smallest 
necessity  for  any  such  step.  He  has  shown  me  enough  to  make 
me  understand  that  he  has  large  landed  property  under  large  in- 
cumbrances. But  they  are  not  such  as  in  any  respect  to  create 
any  idea  of  anxiety.  On  the  contrary,  it  is  clear  to  me  that,  with 
your  attention,  joined  to  his  own  industry,  and  a  rational  economy, 
he  has  within  his  powers  the  certainty  of  establishing  his  family 
on  a  most  respectable  footing.  And  he  shall  act  very  much  indeed 
contrary  to  my  opinion  if,  for  the  sake  of  having  a  little  larger 


1787.]  MAHRIA(JK  OF  MR.  DUNDAS.  221 

inconu*  u  few  years  sooner,  he  shall  ever  part  witli  one  ridj^e  of 
his  landed  property.  The  size  of  the  house  and  policy  of  Arniston 
ought  to  have  a  corresjjonding  estate,  and  they  ought  to  be  knit 
together  by  "an  indissoluble  entail.  For  we  must  not  always  take  it 
for  granted  that  the  ])roprietors  of  Arniston  are  to  be  men  of 
business  and  of  virtue  ;  and  it  would  be  hard  if  one  proHigate  fool 
should  have  it  in  his  power  to  dissolve  what  has  been  the  col- 
lection of  ages.  These  being  my  general  sentiments  with 
regard  to  the  Solicitor's  situation  and  prosj)ects,  in  which  I  truly 
believe  I  am  not  less  interested  than  you,  a  marriage-contract 
between  your  son  and  my  daughter  must  be  a  very  simple 
business.  ...  1  suspect  I  have  put  your  eyes  to  the  trial  to  read 
this  letter,  and  shall,  therefore,  relieve  you  with  only  further  say- 
ing that  if  our  two  young  friends  do  not  make  each  other  happy, 
I  shall  despair  of  ever  seeing  it  again. — Yours  faithfully, 

Henry  Dundas. 

The  marriage  took  place  in  the  following  month,  .V})ril 
1787,  and  proved  a  very  liappy  one  in  all  respects. 

In  September  1789,  Hay  Campbell,  who  had  been  Lord 
Advocate  since  the  fall  of  the  Coalition  Ministry,  was  ap- 
pointed Lord  President  on  the  death  of  Sir  Thomas  Miller  of 
Glenlee ;  and  Robert  Dundas  became  Lord  Advocate  in  his 
thirty-second  year. 

No  better  picture  of  the  social  life  of  this  time  has  ever 
been  drawn  than  that  given  by  Lord  Cockburn  in  a  pa.ssage  in 
his  Memorials,  which,  though  well  known,  will  bear  repetition. 
His  father,  then  Convener  of  Midlothian,  had  gone  to  a 
meeting  of  road  trustees,  and  taken  some  of  his  family  with 
him.  "  It  \\"c\&  a  bright,  beautiful  August  day,'"  says  I^)rd 
Cockburn  ;  "  we  returned  to  the  inn  of  Middleton,  on  our  way 
home,  about  seven  in  the  evening ;  and  there  we  saw  another 
scene.  People  sometimes  say  that  there  is  no  probability  in 
Scotfs  making  the  party  in  Waverley  retire  from  the  Castle  to 
the  Howf ;  but  these  people  were  not  with  me  at  the  imi  at 
Middleton,  about  forty  years  ago.  The  Duke  of  Buccleuch 
was  living  at  Dalkeith  ;  Henry  Dundas  at  Melville ;  Kol)ert 
Dundits,  the  I>ord  Advocate,  at  Arniston;  Hepburn  of  Clerk- 
ington  at  Middleton  ;  and  several  of  the  rest  of  the  aristcKTacy 
of  Midlothian  within  a  few  miles ;  all  with  their  families,  and 
luxurious  houses;  yet  had  they,  to  the  number  of  twelve  or 


222  ARNISTON  MEMOIRS.  [1789. 

sixteen,  congregated  in  this  wretched  ale-house  for  a  day  of 
freedom  and  jollity.  We  found  them,  roaring  and  singing  and 
laughing,  in  a  low-roofed  room  scarcely  large  enough  to  hold 
them,  with  wooden  chairs  and  a  sanded  floor.  When  their  own 
lacqueys,  who  were  carrying  on  high  life  in  the  kitchen,  did 
not  choose  to  attend,  the  masters  were  served  by  two  women. 
There  was  plenty  of  wine,  particularly  claret,  in  rapid  circula- 
tion on  the  table ;  but  my  eye  was  chiefly  attracted  by  a  huge 
bowl  of  hot  whisky  punch,  the  steam  of  which  was  almost 
dropping  from  the  roof,  while  the  odour  was  enougli  to  per- 
fume the  whole  parish.  We  were  called  in,  and  made  to 
partake,  and  were  very  kindly  used,  particularly  by  my  uncle 
Harry  Dundas.  How  they  did  joke  and  laugh  !  with  songs, 
and  toasts,  and  disputations,  and  no  want  of  practical  fun.  I 
don't  remember  anything  they  said,  and  probably  did  not 
understand  it.  But  the  noise^  and  the  heat,  and  the  uproarious 
mirth — I  think  I  hear  and  feel  them  yet.  My  father  was  in 
the  chair ;  and  he  having  gone  out  for  a  little,  one  of  us  boys 
was  voted  into  his  place,  and  the  boy's  health  was  drank,  with 
all  the  honours,  as  '  the  young  Convener.  Hurra  !  hurra  !  may 
he  be  a  better  man  than  his  father !  hurra  !  hurra ! '  I  need 
not  mention  that  they  were  all  in  a  state  of  elevation  ;  though 
there  was  nothing  like  absolute  intoxication,  so  far  as  I  could 
judge.'' 

At  this  time,  and  for  some  years  after.  Lord  Advocate 
Dundas  used  to  spend  a  part  of  the  summer  on  the  shores  of 
Loch  Ericht,  while  Mrs.  Dundas  lived  with  her  father  at 
Dunira,  his  estate  near  Comrie  in  Perthshire. 

Loch  Ericht  is  a  romantic  Highland  lake,  lying  on  the 
northern  confines  of  Perthshire,  among  the  wilds  of  Badenoch, 
and  surrounded  on  all  sides  by  a  bare  and  desolate  region. 
On  its  western  side  is  Ben  Alder,  a  magnificent  mountain, 
among  whose  gloomy  recesses  Macpherson  of  Cluny  had  found 
a  safe  hiding-place,  in  which  he  defied  the  Government  forces, 
who  were  searching  for  him,  for  nine  years  after  Culloden. 
About  five  miles  to  the  south  of  Loch  Ericht,  and  separated 
from  it  by  rough  moorlands,  is  Loch  Rannoch,  at  the  western 
end  of  which  (that  nearest  Loch  Ericht)  is  Rannoch  Barracks, 
a  place  which  was  built  as  quarters  for  the  soldiers  who  occupied 
that  district  after  the  rebellion  of  1745. 


1789]  LOCH  KRICHT.  22S 

The  following  letter  describes  an  iidventiire  which  some  of 
the  Dmuhts  party  htul  among  these  hills  in  August  1789.  It 
appears  that  the  I^)nl  AdvcK-nteV  younger  brother,  Francis 
Dundas,'  along  with  Mr.  Henry  Dundjts's  son  Ho!)ert,  resolved 
to  walk  from  Killin,  at  the  west  end  of  Loch  Tay,  to  I^oeh 
Ericht ;  and  any  one  who  lias  traversed  the  tnickless  waste 
known  as  the  Moor  of  Rannoch,  over  a  part  of  whieh  their  route 
lay,  is  aware  that  it  was  a  long  and  difiicult  walk. 


Loiii)  Advocate  to  Mrs.  Dundas. 

Loch  Ericht  side,  Thursday^  ^^th  Aug.  1789. 

You  made  me  very  happy,  my  dearest  Elizabeth,  by  receiving 
your  letter  from  Francis,  who  arrived  here  about  six  o'clock  this 
morning.  What  you  are  doing,  how  you  are,  and  all  the  little 
minutite  going  on  at  Dunira,  are  to  me  the  most  pleasing  intelli- 
gence of  any  you  can  possibly  communicate.  'I'o  return,  my 
sweet  wife,  the  same  pleasure  which  I  believe  my  letters  give 
to  her,  she  may  now  look  for  a  full  narrative  of  the  proceedings 
at  Loch  Ericht,  and  I  must  warn  her  they  are  a  little  extra- 
ordinary. 

I  had  just  got  to  bed  last  night  about  eleven,  when  a  knock 
at  the  window  from  the  outside  made  me  jump  up,  surprised  not 
a  little,  as  everybody  in  the  house  were  quiet.  Guess  my  amaze- 
ment when  I  heard  Robert's  voice,  who  immediately  after 
entered ;  and  guess  my  still  greater  astonishment  when  he  told 
me  the  Governor  and  he  had  walked  that  day  from  Killin,  uj)- 
wards  of  forty  miles,  through  inaccessible  hills  ;  and  that  he  left 
Francis  in  the  moor  about  three  miles  off,  unable  to  proceed  a 
step  further.  This  intelligence  made  the  whole  family  tuni  out, 
the  ladies  excepted.  By  this  time  it  was  half-past  eleven,  pitch 
dark,  blowing  and  raining  a  tempest.  A  couple  of  Highlanders 
and  a  pony  were  immediately  dispatched  in  quest  of  Francis, 
whose  situation,  I  can  assure  you,  alarmed  me  more  than  I  can 
express.  Your  brother  was  immediately  taken  care  of  in  every 
way ;  and  as  soon  as  he  got  to  bed,  with  some  warm  chops  and 
Madeira  to  comfort  him,  he  fell  asleep  as  sound  as  a  top.  The 
account  he  gave  me  of  Francis  was,  that  he  had  forced  him  on 
with  directions  to  send  people  for  him ;  but  was  totally  unable  to 
drag  a  leg  after  him,  and  was  sitting  on  a  stone  at  the  loch  side. 

^  Second  son  of  the  second  President  Dundas. 


224  ARNISTON  MEMOIRS.  [1789. 

That  they  had  got  to  Rannoch  Barracks  early  in  the  afternoon, 
and  expecting  the  boat  to  meet  them,  at  the  end  of  the  Loch  ^ 
(twelve  miles  from  hence),  they  had  agreed  to  walk  the  five  miles 
of  moor  betwixt  the  two  lakes,  which  after  their  dinner  they 
thought  themselves  able  for.  For  these  three  days  it  has  blown 
a  perfect  hurricane  from  the  west,  which  rendered  it  absolutely 
impossible  to  row  the  boat  down  to  meet  them  ;  and  I  accordingly 
yesterday  morning  dispatched  a  courier  to  Rannoch  with  a  note 
to  Francis,  telling  them  why  the  boat  could  not  meet  them. 
But  unfortunately  the  fellow  missed  them  by  the  way.  About 
two  miles  from  hence  there  is  the  only  shealing  on  the  loch ; 
which  Robert,  in  stumbling  through  the  moor,  fell  in  with,  and 
sent  the  Highlander  back  to  Francis  with  whisky  and  some  oat 
cakes,  whilst  he  himself  proceeded  on  here  with  a  boy  he  got  at 
the  shealing.  I  sat  up  till  one  o'clock,  when  one  of  the  High- 
landers returned  with  intelligence  that  the  Colonel  was  asleep  in 
the  shealing,  and  that  his  neighbour  and  the  pony  were  waiting 
there  till  he  should  awake.  I  then  went  to  bed,  so  far  satisfied  ; 
and  at  six  this  morning  his  honour  arrived,  such  a  figure  as  you 
never  saw.  He  had  slept  on  the  moor,  with  the  rain  pelting  on 
him,  till  the  Highlander  came  from  the  shealing,  and  assisted  him 
to  it,  when,  after  eating  some  cheese,  and  drinking  half  a  bottle 
of  whisky,  he  had  slept  on  the  man's  bed  till  daybreak.  Their 
baggage  and  servants  were  left  some  miles  behind  on  the  moor, 
where  they  were  forced  to  stand  all  night,  there  being  no  road, 
and  the  night  so  dark  that  they  could  not  pick  their  way. 

Unfortunately  part  of  this  letter  has  been  torn  off,  and 
accordingly  the  story  ends  abruptly ;  but  neither  of  the 
travellers  suffered.  Francis  Dundas,  who  was  at  that  time 
Colonel  of  the  Scots  Brigade  (afterwards  the  94th  Regiment), 
lived  to  be  a  General  in  the  army ;  and  Robert  Dundas  suc- 
ceeded his  father,  in  1811,  as  the  second  Viscount  Melville. 

Nothing  can  better  illustrate  the  complete  change  which 
had  taken  place  in  the  Highlands,  since  the  rebellion,  than  the 
fact  that  the  district  in  which  Mr.  Dundas  was  now  living  in 
perfect  safety  had  been,  when  his  father  was  Lord  Advocate, 
not  fifty  years  before,  one  of  the  most  dangerous  and  disaffected 
parts  of  the  country.  Every  mile  of  the  heather  over  which 
his  brother  and  cousin  stumbled  on  that  August  evening  in 

^  Loch  Ericht. 


I790.]  A  MIDLOTHIAN  ELECTION  IN   17f)0.  225 

1789  wits,  in  Au«i:ust  1749  and  for  several  years  after,  ^runrdeil 
by  outposts  of  armed  chuisiueu,  wlio  allowed  no  one  to  approach 
tlie  fastnesses  of  Hen  Alder.  A  clmnge  too  has  taken  place 
since  17S9.  The  IIi<^hland  Railway  runs  within  a  few  miles  of 
Ivoch  Ericht ;  and  tliou«;h  the  Moor  of  Uannoch  is  its  desolate 
as  ever,  llannoch  Barracks  is  now  a  comfortable  shooting  lod^e. 
At  the  {General  election  of  17JK),  Mr.  Henry  Dundas  was^ 
ivturned  as  member  for  Edinburgh,  having  ji;iven  up  his  seat 
for  Mitllothian  in  order  to  make  way  for  his  nephew,  who  was 
elected  for  the  county  on  the  2(jth  of  June.  The  Edinlmr^'h 
Aihrrt'hscr  thus  describes  what  took  place : — 

"On  Saturday  there  wtus  a  very  full  meetin<;-  of  the  free- 
holders of  the  county  of  Edinburgh  in  the  Parliament  House, 
the  Right  Hon.  Henry  Dundas,  Treasurer  of  the  Navy,  in  the 
chair.  Mr.  Dundas  addressed  the  meeting  in  a  nervous  speech, 
returning  his  warmest  acknowledgments  for  the  honour  they 
had  so  often  and  for  so  long  a  period  conferred  upon  him, 
having  been  no  less  than  seven  times  unanimously  elected  their 
representative.  Mr.  Dundas  then  quitted  the  chair,  which 
I^rd  Hailes^  was  called  to  fill.  The  election  proceeded,  when 
the  Right  Hon.  Robert  Dundas  of  Amiston,  I^ord  Advocate, 
was  unanimously  chosen. 

"The  Lord  Advocate  expressed  his  gratitude  for  the  honour 
done  him  in  choosing  him  to  fill  the  high  station  which  his 
ancestors  had  filled  for  two  centuries  in  the  Scottish  and  liritish 
parliaments.  The  Parliament  House  was  crowded.  A  numl)er 
of  ladies  were  in  the  galleries,  among  whom  were  the  Duchess 
of  Gordon  and  daughter.  The  gentlemen  afterwards  dined  in 
the  new  Assembly  Room.''  - 

The  Lord  Advocate  entered  Parliament  as  a  devoted  follower 
of  Mr.  Pitt,  but  without  any  great  confidence  in  his  own 
abilities.  He  modestly  and  eagerly  accepted  the  advice  which 
Mr.  Pitt,  though  young  in  years,  was  so  well  qualified  to  give 
to  a  new  member.  "  I  am  going  down,''  he  writes  to  his  wife 
on  the  23d  of  March  1791,  "  at  half-past  four,  to  attend  the 


'  Sir  David  Dalrymple  of  Hailes.     He  had  been  on  the  liench  of  the  Court 
of  Session  since  1 766. 

-  The  Assembly  Rooms  in  George  Street,  Edinburgh,  which  were  oiK'ned 
about  the  year  1 785. 

P 


226  ARNISTON  MEMOIRS.  [1790. 

Committee  on  the  Corn  Bill,  which  I  suppose  will  last  all  this 
evening.  I  wrote  you  in  very  bad  spirits  and  in  worse  humour 
witli  myself  for  having  risen  on  Friday  last  to  give  my  opinion 
about  that  business.  It  seems,  however,  that  I  was  mistaken, 
-as  Pitt  was  much  pleased,  and  said  what  I  had  stated  was  in 
point  of  matter  and  manner  more  to  the  purpose  than  anything 
he  had  heard  on  the  subject.  In  short,  he  thinks  I  shall  do 
him  good  ;  and  in  proof  of  it,  I  was  admitted,  by  his  own 
desire,  to  the  previous  meeting  at  his  house  yesterday,  of  8 
or  10  of  his  friends,  to  consider  what  was  to  be  stated  in  answer 
to  the  expected  attack  on  the  bill  for  appropriating  the 
imclaimed  dividends.  He  says  he  never  wants  me  to  make 
a  set  speech,  but  wishes  me  to  make  myself  previously 
master  of  the  business  to  come  on,  and  not  to  rise  and 
speak  on  it,  unless  I  feel  inclined,  and  anything  occurs 
which  I  think  myself  able  to  answer.  If  I  do  ultimately 
turn  out  of  use  to  him  in  any  way,  I  shall  be  abundantly 
satisfied. "" 

For  some  years  after  this  Lord  Advocate  Dundas  occupied 
a  peculiarly  trying  position,  during  which  things  were  done  in 
Scotland  Avhich  all  parties  are  now  united  in  condemning. 
Two  movements  were  in  progress  which  he  was  bound,  as  a 
faithful  adherent  of  Mr.  Pitt,  in  the  unfortunate  position  which 
that  illustrious  statesman  was  led  to  adopt  during  the  last  ten 
years  of  the  century,  to  oppose  both  as  a  politician  and  as  first 
law  officer  of  the  Crown  in  Scotland.  These  movements  were 
the  agitation  for  Burgh  Reform,  and  the  agitation  for  Par- 
liamentary Reform. 

The  grievances  which  were  complained  of  in  the  Scottish 
burghs  were  such  as  can  hardly  be  realised  in  our  own  day. 
It  is  only  necessary  to  mention  a  few  of  them.  In  the  first 
place,  the  town-councils  were  self-elected ;  and,  accordingly, 
year  after  year  the  same  persons  managed  or  mismanaged  the 
affairs  of  the  burghs,  the  burgesses  having  no  power  of  dis- 
carding from  their  service  even  the  most  unworthy  or  incom- 
petent of  the  councillors.  To  such  an  extent  was  this  absurd 
system  carried  that  there  were  instances  of  men  continuing  to 
act  as  town-councillors  for  periods  of  from  twenty  to  fifty 
years  without  interruption.  Sometimes  one  family  would 
secure  tlie  power  of  managing  a  burgh,  and  hand  it  down  from 


I790.]  THE  SCOTTISH  BURGHS.  227 

father  to  son.  At  other  times  the  inaiia^ement  fell  into  the 
hands  of  a  council,  many  of  whose  members  were  non-resident 
and  totally  ignorant  of  the  burgh  business. 

These  self-elected  councilloi-s  refused,  in  many  cases,  to 
allow  the  burgesses  access  to  the  books  of  coimcil,  and  insisted 
on  spending  the  public  money  without  any  supervision  or  con- 
trol by  the  tax-payers. 

There  were  many  instances  in  which  the  public  property 
had  been  alienated  without  the  consent,  or  even  against  the 
wishes,  of  the  inhabitants.  At  Inverness,  for  example,  this 
wjus  a  great  grievance.  "  The  revenues  of  this  burgh,  dilapidated 
away  within  the  last  century  by  the  different  leading  niiigis- 
trates,  in  favours  of  themselves  and  their  tidherents,  for  trifling 
feu-duties  not  exceeding  £20  per  annum,  now  yield  above 
i^OOO  sterling.  The  revenue  of  the  town  is  at  present  ^  £5(K) 
sterling  a  y^ar  or  thereby ;  a  great  part  of  which  is  expended 
in  entertainments  and  pensions  to  the  friends  and  adherents  of 
the  leader."*'^  At  Dundee  the  same  thing  had  taken  place. 
"  Had  the  town  retained  the  property  of  their  lands,  the 
revenue  would  have  been  very  great.  But  these,  except  an 
inconsiderable  part  (which  have  been  feued  on  very  disadvan- 
tageous terms),  were  distributed  among  the  friends  of  tlie  men 
who  formerly  composed  the  town-councils,  many  of  them  with- 
out the  shadow  of  a  remuneration,  and  others  for  such  avowed 
causes  as  bore  no  proportion  to  the  value  of  the  property 
given  away.'*''^ 

Taxes,  too,  were  imposed  without  the  authority  of  Parlia- 
ment. In  Glasgow  potatoes  were  taxed  on  the  ground,  it  was 
said,  that  they  had  partly  superseded  the  use  of  meal,  on  which 
a  tax  had  been  established  by  usage  !  * 

It  followed,  as  a  matter  of  course,  that  jobbery  of  every 
kind  was  rampant.  Building  contracts  were  given,  not  to  the 
lowest  offerer,  or  to  the  best  contractor,  but  to  those  who  were 
relations  or  friends  of  the  town -councillors ;  and  work  was 
often  ordered,  not  because  the  town  needed  it,  but  simply  in 

-  A  Memoir  concerning  the  Origin  and  Progress  of  the  Reform  proposed  in 
t/ie  Internal  Government  of  the  Royal  Burghs  of  Scotland.  By  Archibald 
Fletcher,  Esq.,  Advocate.     Part  iii.  p.  56. 

3  Ibid.  *  Ibid.  p.  115. 


228  ARNISTON  MEMOIRS.  [1790. 

order  to  enrich  those  whom  the  irresponsible  town-council 
wislied  to  favour. 

Lastly,  tliis  system  of  self-election,  with  its  natural  accom- 
paniments of  jobbery  and  peculation,  was  guarded  by  what  was 
known  as  the  Beautiful  Order,  a  farce  devised  for  the  purpose 
of  securing  that,  on  those  occasions  when  the  election  of  a  new 
councillor  could  not  be  avoided,  any  new  member  of  corporation 
sliould  stand  by  all  tliat  was  done  within  the  secret  conclave  of 
the  council  chamber.  The  new  councillor  was  elected  on  the 
express  condition  that  he  would  solemnly  promise  always  to 
abide  by  the  vote  of  a  majority  of  his  brother  councillors.^ 

In  1783  a  conference  of  burgh  delegates  was  held,  by  which 
an  agitation  for  reform  was  originated ;  and  four  years  later, 
after  an  immense  quantity  of  evidence  had  been  collected,  an 
attempt  was  made  to  induce  the  Government  to  deal  with  the 
question.  Mr.  Henry  Dundas  was  approached  upon  the  sub- 
ject. "  But  Mr.  Dundas,"'  says  Fletcher,  "  in  perfect  consist- 
ency with  the  manly  openness  of  his  character,  told  us  at  once 
that  he  would  not  support,  but  oppose  the  object  of  the  Burgh 
Reform.'"  It  would,  indeed,  have  been  difficult  for  Mr.  Dundas 
to  have  assisted  a  movement,  one  of  the  first  results  of  which 
would  have  been  to  irritate,  and  probably  estrange  the  town- 
council  of  Edinburgh,  which  returned  him,  or  any  member  of 
his  family  whom  he  chose  to  nominate,  to  the  House  of 
Commons.  Lord  Cockburn  describes  the  Edinburgh  council 
chamber,  which  seems  to  have  been  well  suited  for  its  occu- 
pants, as  "a  low-roofed  room,  very  dark  and  very  dirty.'" 
"  Within  this  Pandemonium,"  he  says,  "  sat  the  town-council, 
omnipotent,  corrupt,  impenetrable.  Nothing  was  beyond  its 
grasp  ;  no  variety  of  opinion  disturbed  its  unanimity,  for  the 
pleasure  of  Dundas  was  the  sole  rule  for  every  one  of  them. 
Reporters,  the  fruit  of  free  discussion,  did  not  exist ;  and 
though  they  had  existed,  would  not  have  dared  to  disclose  the 
proceedings.  Silent,  powerful,  submissive,  mysterious,  and 
irresponsible,  they  might  have  been  sitting  in  Venice."  With 
such  an  institution  at  his  doors,  it  was  not  likely  that  Mr. 
Dundas  would  take  a  leading  part  in  promoting  a  reform  of 
the  corporations  of  which  it  was  merely  a  specimen. 


^  Fletcher  on  Burgh  Reform,  Part  iii.  p.  32. 


1792.]  THE  ''FRIP:NDS  OF  THK  PKOPLE."  21^9 

Mr.  Henry  Krskiiie,  however,  and  the  Whijj^s  in  SeoUand, 
were  active  in  ti^itatin<>;  for  some  measure  of  burgh  reform ; 
and  thev  were  supported  by  Mr.  Sheridan  and  the  ()})])osition 
in  the  House  of  Connnons.  They  continued  their  efforts  for 
sometime;  and  in  1792  tlie  Government  yiehied  to  a  cerbiin 
extent.  I^)rd  Adv(K*ate  Dundas  !)rou«>;ht  in  a  bill  to  regulate 
the  mode  of  accounting  for  the  common  good  and  revenues  of 
the  royal  burghs  of  Scotland.  Hut  the  system  of  self-election, 
from  which  the  reformers  declared  all  their  grievances  sprung 
"as  rivulets  from  a  fountiiin,'*  was  left  untouched;  and  the 
bill,  after  the  second  remling  had  been  passed,  was  abandoned. 

But  the  (piestion  of  burgh  reform  was  forgotten  for  a  time, 
in  the  midst  of  the  fierce  passions  which  were  aroused  by  the 
larger  and  more  exciting  topics  to  which  the  attention  of  the 
country,  now  brought  face  to  face  with  a  demand  for  a  change 
in  the  system  of  parliamentary  representation,  was  for  some 
years  to  be  directed. 

In  Scotland  the  horrors  of  the  French  Revolution  had  rent 
society  in  twain.  Mr.  Burke's  Refkctiows  on  the  French 
Revolution,  which  appeared  in  1790,  but  faintly  echoed  the 
fear  of  change,  the  burning  indignation  against  those  who 
ventured  even  to  hint  at  reform,  and  the  intense  distrust  of 
the  masses  which  was  felt  by  many  at  this  time.  The  publi- 
cation, in  the  following  year,  of  the  Vindic'uv  Gallkic  only 
added  fuel  to  the  flame ;  and  events  soon  took  place,  in  which 
Lord  Advocate  Dundas  was  a  leading  actor,  of  a  most  painful 
and  harrowing  description. 

It  was  to  the  proceedings  of  the  "  Society  of  Friends  of  the 
People'*^  that  the  attention  of  Government  was  chiefly  directed. 
This  association  was  formed  in  England  din*ing  the  spring  of 
1792.  At  first  it  consisted  of  about  one  hundred  members, 
most  of  whom  were  persons  of  some  position  in  the  country. 
One  of  the  original  members  was  Thomas  Erskine,  afterwards 
Lord  Chancellor  Erskine.  Sir  James  Mackintosh  acted  as 
secretary.  Lord  Lauderdale,  Lord  John  Russell,  Mr.  Grey, 
afterwards  Earl  Grey,  Mr.  Fox,  Mr.  Sheridan,  and  Mr.  Whit- 
bread,  were  also  members.^  Their  object  was  strictly  constitu- 
tional, and  was  defined  as  "  obtaining  a  Parliamentary  Reform."" 

*  The  first  general  meeting  of  the  Friends  of  the  People  was  held  in  the 
Freemasons'  Tavern,  London,  on  the  26th  of  April  1792. 


230  ARNISTON  MEMOIRS.  [1792. 

But  a  society  whose  leaders  have  in  view  a  legitimate  end, 
which  they  purpose  to  attain  by  legitimate  means,  cannot 
always  control  the  action  of  all  its  adherents.  The  whole 
history  of  reform  shows  that,  as  a  rule,  side  by  side  with 
legal  and  constitutional  agitation,  there  is  found  an  illegal 
movement,  conducted  by  men  wlio  rely  upon  acts  of  violence 
or  intimidation.  In  tlie  seventeenth  century  the  memor- 
able resistance  to  the  Scottish  administration  of  Cliarles  the 
Second  and  James  the  Second  was  stained  by  the  murder  of 
Sharpe  and  other  outrages.  At  the  commencement  of  the 
present  century  the  Cato  Street  conspirators  purposed,  by 
wholesale  assassination,  to  advance  the  cause  for  which  the 
Whig  members  were  contending  witliin  the  Houses  of  Parlia- 
ment. And,  in  like  manner,  tliere  was,  in  1792,  a  dangerous 
spirit  of  violence,  if  not  of  actual  disloyalty,  among  many  of 
the  working  classes.  In  the  meantime,  however,  nothing  worse 
took  place  than  ordinary  rioting  in  Edinburgli,  Dundee,  and 
some  other  places  in  Scotland. 

The  King's  birthday  was  the  4th  of  June.  During  the 
day  all  was  quiet  in  Edinburgh  ;  and  for  some  time  in  the 
evening  nothing  of  importance  happened.  Bonfires  were 
lighted,  and  fireworks  displayed  by  the  street  boys,  as  usual. 
But,  in  the  course  of  the  evening,  some  dragoon  officers,  who 
chanced  to  be  walking  along  the  High  Street,  attracted  the 
attention  of  the  mob.  Stones  were  thrown  at  tliem,  and  they 
ran  for  shelter  to  tlie  Riding  School,  where  some  of  their  men 
were  stationed.  The  dragoons  turned  out  and  patrolled  the 
streets,  where  the  mob  attacked  them  with  stones  and  squibs. 
The  53d  Regiment,  which  was  then  quartered  in  the  Castle, 
marched  into  the  city;  and  the  crowd,  turning  its  attention 
from  the  soldiery,  was  allowed,  unmolested,  to  burn  the  sentry 
boxes  which  stood  at  the  Tron  Church ;  after  which  it 
dispersed.  No  attacks  were  made  on  private  houses  that 
night. 

As  may  be  supposed,  the  Arniston  family,  one  of  whose 
members  was  Home  Secretary,^  and  another  Lord  Advocate, 
was  peculiarly  obnoxious  to  the  mob  ;  and  the  following  news- 
paper  account,   which    is    probably    accurate   in    most    of  its 

^  Henry  Dundas  had  become  Home  Secretary  in  1 791. 


I792.J  KIOT  IN  GEORGE  SQUARE.  J.H 

(lebiils,  describes  an   atbick   which    was   nuule   upon    them   on 
the  foUowin^  iiiglit : — 

"On  Tues(lay,  June  5th,  it  was  exi)ecte(l  that  the  riots  in 
this  city  were  at  an  end,  and  the  dragoons  who  had  been 
brought  to  town  on  Monday  were  on  Tuesday  forenoon  sent 
away  to  tlieir  respective  (juarters.  In  the  evening,  Iiowever,  a 
number  of  people  assembled  in  (xeorge  Square,  and  proceeded 
to  break  the  windows  of  the  houses  of  Mrs.  Dundas,  Dowtiger 
of  Arniston,  and  the  lAyrd  Advocate.  The  Sheriff  earnestly 
intreated  the  mob  to  retire,  but  in  vain.  He  then  sent  for  the 
53d  regiment  from  the  Castle.  When  they  ciune  they  were 
insulted  with  stones.  The  Sheriff  informed  the  mob  that  if 
they  did  not  disperse,  the  soldiers  would  fire  upon  them. 
They  tlien  apparently  dispersed,  and  the  soldiers  were  ordered 
away,  except  an  officer  and  twenty  men,  who  were  left  to  guard 
the  houses  that  had  been  attacked.  About  an  hour  after- 
wards, the  mob  again  assembled,  when  the  Sheriff  and  tlie 
small  party  of  soldiers  endeavoured  in  vain  to  disperse  them. 
The  mob  continued  to  insult  them,  and  to  break  the  windows 
of  a  house  in  tlie  square.  The  Sheriff,  after  ineffectual  efforts 
to  disperse  them,  gave  orders  to  a  few  of  the  soldiers  to  fire, 
but  the  mob  finding  none  of  their  number  wounded  became 
more  bold  and  abusive.  The  Sheriff*  then  gave  orders  to  fire 
a  second  time,  when  six  or  seven  persons  were  wounded,  two 
of  them  very  dangerously. 

"At  a  meeting  of  the  authorities,  held  next  day,  it  was 
observed  that  many  false  reports  had  been  j)ropagated  to 
inflame  the  minds  of  the  people,  particularly  one  that  Mr. 
Secretary  Dundas  was  bringing  a  bill  into  Parliament  to  raise 
the  price  of  meal."' 

On  the  following  evening,  the  6th  of  June,  the  mob  again 
assembled,  and  attacked  the  Lord  Provost**s  house,  which  was 
in  St.  Andrew  Square.  All  the  windows  were  broken ;  but 
the  riot  lasted  only  a  short  time.  Two  signal  guns  were  fired 
from  the  Castle,  on  which  the  soldiers  turned  out,  and  the 
rioters  at  once  dispersed. 

Alarmed  by  the  excited  state  of  public  feeling,  some  of  the 
landed  proprietors  in  Scotland  appointed  delegates  to  hold  a 


232 


ARNISTON  MEMOIRS. 


[1792. 


<*oiiferenee  in  Edinburgh  "  to  consider  the  present  state  of  tlie 
election  laws  for  the  return  of  members  to  Parliament/'  The 
meeting  was  held  in  the  Assembly  Rooms  on  the  2d  of  July.  Sir 
James  Montgomery  of  Stanhope  was  in  the  chair.  "  A  motion 
in  favour  of  a  reform  in  these  laws  was  moved  by  Sir  Thomas 
Dundas,  and  seconded  by  Lord  Advocate  Dundas,  and  agreed  to 


HOUSE  OF  LORD  ADVOCATE  DUNDAS,  ATTACKED  ON  5TH  JUNE  1 792. 


unanimously.'"'  ^  A  committee  was  appointed  to  consider  the 
subject ;  but  in  the  end  the  movement  led  to  no  practical  result. 
The  plan  of  operations  which  the  Friends  of  the  People 
intended  to  follow,  was  to  organise,  all  over  the  country,  a 
number  of  affiliated  societies  for  reform  (one  in  every  parish, 
if  possible),  which  were  to  send  delegates  to  a  general  conven- 

^  Edinburgh  AdveHiser,  3d  July  1792. 


1792]  UNEASINESS  OF  GOVERNMENT.  258 

tion.  The  first  ineetiii«r  of  the  Scottish  branch  of  the  S<K'icty 
was  held  in  (ihuj^ow  at  the  end  of  ()ct()l)er.  (  olonel  Dalryniple 
of  Fordel  wjts  elected  President ;  and  two  resolutions,  one  in 
favour  of  l*arlianientarv  Reform,  and  the  other  in  favour  of  a 
shorter  duration  of  Parliaments,  were  jMtssed.  This  meeting 
was  followed  hy  a  "  Convention  ""^  of  delegates,  which  lussenibled 
in  Kdinl)ur<::h  on  the  11th  of  December,  and  continued  to  sit 
for  some  time. 

These  prcx^eedin^  caused  great  uneasiness  among  the 
^linisterialists ;  and  the  letters  which  Lord  Advocate  Dun- 
das  wrote  to  his  uncle  in  January  1793  constantly  refer 
to  the  subject.  "Two  factious  papers  printed  here,  the 
Caledonian  Chronicle  and  the  Edinhitrg'h  Gazette^  were  sent 
regularly  to  the  Home  Office.  "  I  hope,""  he  writes  on  the 
3d  of  January,  "not  without  some  anxiety,  that  an  Edin- 
burgh jury  will  do  e(|ual  justice  on  our  seditious  gentry  that  a 
Middlesex  one  has  done  with  you.^'  From  this  time  onwards 
the  reports  of  spies  in  the  employment  of  the  Government  came 
in  from  day  to  day.  "  I  have  wrote  you  twice  as  to  the  main 
point,  a  little  cash  to  reward  our  spies  and  emissaries.'"  ^ 

One  of  these  spies  was  a  man  named  Robert  Watt.  On 
the  13th  of  January  the  Lord  Advocate  writes  to  his  uncle 
Henry,  "Watt  was  with  me  last  night.  He  was  in  Perth 
about  a  week  ago.  James  Wylie,  merchant  there,  whom  I 
know  to  be  the  most  intemperate  revolutioner  in  Scotland,  is, 
he  informs  me,  engaged  in  a  foreign  correspondence  with 
France.  He  suggested,  and  that  very  earnestly,  the  propriety 
of  opening  his  letters  at  the  post-office.  Any  coming  from 
abroax:!,  addressed  to  Mr.  Wylie,  merchant  in  Perth,  may  be 
attended  to  in  London,  if  you  think  that  measure  proper. 
All  letters  from  Perth,  which,  of  course,  have  the  Perth  mark 
on  them,  addressed  to  France,  can  be  easily  stopped  here,  or 
forwarded  to  London  to  be  examined,  if  it  is  judged  expedient 
to  take  that  step.  But  without  hearing  from  you,  or  receiving 
your  directions,  I  shall  take  no  steps  in  the  business.**^  ^ 

*  Lord  Advocate  Dundas  to  Nepean,  4th  Jan.  1793,  State  Pajiers,  Domestic, 
Scotland,  Public  Record  Office.  Mr.,  afterwards  Sir  Evan,  Nepean  was  Under 
Secretary  for  the  Home  Department  at  this  time. 

*  Lord  Advocate  Dundas  to  the  Home  Secretary,  13th  Jan.  1793.  Public 
Record  Office. 


234  ARNISTON  MEMOIRS.  [1793. 

Later  in  the  montli  Dundas  was  able  to  inform  his  uncle 
that  everything  was  still  quiet ;  but  he  thought  that  the  spirit 
of  discontent  was  only  smothered  for  a  time,  not  extinguished. 
"The  great  object,"'  he  says,  "is  to  satisfy  the  country 
that,  within  the  British  dominions,  none  of  these  fellows  is 
safe." 

The  following  letter,  one  of  many  on  the  same  subject 
among  the  Scottish  papers  in  the  Record  Office,  is  a  specimen 
of  the  reports  which  were  sent  from  Scotland  to  the  Home 
Office:— 

Mr.  Kenneth  Mackenzie  to  Mr.  Pultenev.^ 

Edinr.,  Z'^Jany.  1793. 
Sir, — The  account  you  require  of  my  journey  from  the  North 
I  trust  will,  upon  the  whole,  prove  satisfactory,  as  I  can  with  truth 
inform  you  that  I  found  the  towns  of  Inverness,  Nairn,  Forres, 
Elgin,  Banff,  Aberdeen,  Cupar  in  Angus,  and  Perth  all  increasing 
in  wealth  and  industrious  pursuits,  and  the  principal  inhabitants 
well  affected  to  the  measures  of  Government,  with  some  few  ex- 
ceptions at  Perth  and  Dundee,  where  some  turbulent  people  are 
still  endeavouring  to  disturb  and  mislead  the  populace,  and  with 
too  much  success.  At  a  new  inn  near  Gordon  Castle  I  was  in- 
formed that  a  party  had  come  to  the  Duke's  village  at  Fochabers 
and  erected  a  tree  of  liberty  at  His  Grace's  gate  :  that  the  Duke 
had  offered  a  ten  guineas'  reward  to  discover  the  people  con- 
cerned without  success.  At  Lawrence  Kirk  in  Angus  a  refractory 
innkeeper,  not  the  principal  one  in  that  place,  had  summon' d 
sixty  members  of  a  club  to  be  held  there  in  the  course  of  this 
week,  for  the  purposes  of  establishing  a  plan  of  reform,  etc.  etc. 
At  Perth  I  learned  from  a  considerable  manufacturer  of  that 
town,  that  the  principal  inhabitants  were  well  affected  to  Govern- 
ment, but  that  riots  and  frequent  meetings  still  prevailed  among 
the  lower  order  of  the  people  there,  whose  proceedings  were  sup- 
ported and  greatly  promoted  by  some  leading  people,  preachers 
and  others  from  Dundee,  to  such  an  alarming  degree,  that  Lord 
Kinnoul  judged  it  necessary  on  Sunday  the  23d  ulto.  to  frame 
certain  resolutions  in  support  of  those  proposed  by  the  gentlemen 
of  the  county  of  Perth,  and  in  support  of  the  measures  of  govern- 
ment :    that   his    Lordship  went    to    his   parish  church  with  the 


*  Enclosure  in  a  letter  of  Mr.  Wm.  Pulteney's  to  Mr.  Secretary  Dundas  of 
4th  Jan.  1793. 


1793]  I'HE  STATE  TRIALS.  235 

view  of  signin/f  these  resolutions  in  presence  of  the  congregation, 
whicli  he  did.  and  got  liis  parson,  factor,  and  gardner  to  sign 
them  by  way  of  encouragement  to  the  rest  of  the  parishioners, 
who  were  all  charged  by  an  orator  from  Dundee  to  decline  sign- 
ing any  such  aristocratic  resolutions  as  subversive  of  their  grand 
object  of  reform,  and  accordingly  there  jippeared  <mly  three  or 
four  signatures  to  his  Lordship's  resolutions.  These  turbulent 
spirits  at  Dundee  are  well  known,  and  have  acknowledged  them- 
selves the  authors  of  several  inflammatory  hand-bills  in  circulation 
in  and  about  Perth,  where  I  understood  several  respectable  in- 
habitants had  assembled,  and  sent  a  report  of  these  proceedings 
to  the  Lord  Advocate  for  advice.  Permit  me  to  acknowledge  my 
obligations  for  your  unremitting  attention  to  me  during  my  pro- 
gress on  the  Ullapool  road,  and  to  hope  that  the  supply  now- 
wanted  for  the  further  prosecution  of  that  work  will  very  soon 
be  obtained. — And  I  have  the  honour  to  be,  most  respectfully. 
Sir,  your  most  obed*  and  obliged  hb'*'  servant. 

Ken'"  Mackenzie. 
William  Pulteney,  Esq. 

In  the  meantime  an  important  arrest  had  been  made. 
Walking  the  floor  of  the  Parliament  House  at  this  time  was 
a  young  advocate  whose  fair  hair,  blue  eyes,  open  countenance, 
and  pleasing  manners,  did  not  seem  to  point  him  out  as  a 
dangerous  conspirator.  Yet  Thomas  Muir,  younger  of  Hunters- 
hill,  had  been  a  marked  man  for  some  time.  He  was  a  member 
of  the  Society  of  the  Friends  of  the  People,  and  a  delegate  to 
the  Convention.  In  the  deliberations  of  that  assemblage  he 
had  taken  a  prominent  part.  Although  a  Scotsman,  he  had 
been  enrolled  as  a  member  of  the  Society  of  United  Irishmen. 
He  had  been  heard  to  recommend  the  study  of  Paine's  works, 
and  was  suspected  of  being  in  correspondence  with  the  Repub- 
lican leaders  in  France.  On  the  2d  of  January  he  was  arrested, 
liberated  on  bail,  and  indicted  for  trial  in  the  following 
month  on  a  charge  of  sedition.  He  did  not  appear  on  the 
apj)ointed  day,  but  was  afterwards  apprehended  and  brought 
to  the  bar  of  the  High  Court  of  Justiciary  on  the  30th  of 
August  1793. 

Lord  Advocate  Dundas  appeared  for  the  prosecution. 
Muir  defended  himself.  This  was  probably  a  mistake.  But 
the  most  eloquent  counsel  at  the  Scottish  bar  could  not  have 


236  ARNISTON  MEMOIRS.  [1793. 

obtained  an  acquittal  that  day,  for  the  trial  took  place  before 
Lord  Braxfield  and  a  packed  jury. 

Robert  Macqueen,  best  known  as  Justice-Clerk  Braxfield, 
succeeded,  at  the  trial  of  Muir,  and  at  the  other  state  trials  of 
tliat  time,  in  destroying  all  confidence  in  the  fairness  of  any 
trial  before  the  High  Court  of  Justiciary  in  Scotland.  In  the 
picture  of  Lord  Braxfield,  by  Raeburn,  we  see  a  face  whose 
features  display  a  combination  of  hateful  qualities ;  a  cruel 
sensual  moutli ;  Iiard  eyes,  which  twinkle  with  shrewdness 
and  low  cunning ;  an  obstinate  chin  ;  and  a  wide,  well-shaped 
forehead,  whose  outlines  clearly  show  that  he  had  not  the 
excuse  of  stupidity  for  his  conduct  on  the  bench.  Indeed  the 
only  excuse  which  can  be  found  for  his  conduct  is  one  whicli 
was  put  forward  at  the  time,  that  he  was  at  heart  cowardly, 
and  really  believed  that  Muir  and  his  associates  were  endangering 
his  life.  "  Are  we  quietly  to  allow  the  Friends  of  the  People 
to  cut  all  our  throats  ?''''  he  is  said  to  have  asked  on  one  occasion. 

Lord  Advocate  Dundas  was  a  man  of  a  singularly  amiable 
disposition ;  and  it  has  never  been  denied  that  he  conducted 
tlie  celebrated  prosecution  of  Muir  with  moderation,  and 
the  utmost  courtesy.  His  language  in  addressing  the  jury 
was  certainly  harsh  and  injudicious,  cruel  even,  it  may  be 
termed,  as  applied  to  a  professional  brother.  But  his  general 
management  of  the  case  was,  apart  from  the  merits  of 
the  question  at  issue,  perfectly  fair.  It  was  the  conduct  of 
Lord  Braxfield  which  shocked  all  beholders,  and  roused  the 
indignation  of  the  country.  In  the  first  place  he  deliberately 
packed  the  jury.  By  the  law  of  Scotland  at  that  time  the 
judge  named  the  jurors.  Lord  Braxfield,  in  spite  of  Muir's 
objections,  put  into  the  jury-box  fifteen  men,  all  of  whom  were 
members  of  a  political  association,  called  the  Friends  of  the 
Constitution,  which  had  refused  to  receive  Muir  as  a  member. 
Having  packed  the  jury,  the  Justice-Clerk,  throughout  the 
whole  trial,  bullied  the  witnesses  for  the  defence,  repelled  all 
objections  taken  by  the  prisoner  to  the  witnesses  for  the  prose- 
cution (although  some  of  these  were  certainly  well  founded),  and 
behaved  to  the  prisoner  in  the  most  brutal  and  insolent  manner. 
The  result,  as  is  well  known,  was  a  conviction,  on  which  sen- 
tence of  transportation  for  fourteen  years  was  at  once  passed.^ 

The  trial  of  Muir  is  reported  at  full  length  in  vol.  xxiii.  of  the  S^a^e  Trials. 


1793]  THK  STATE  TRIALS.  237 

Next  month  unotlier  of  the  Friends  of  the  People,  the 
Reverend  Thomas  Fyshe  Pahner,  wtxs  tried  at  Pertli,  and 
sentenced  to  seven  years'  transportation. 

Muir  wtis  detained  for  some  time  in  Kdinhur<ih  ;  hut  the 
Lord  Advocate  was  very  anxious  that  he  shouhl  he  removed  to 
London  tis  soon  jus  possihle. 

Lord  Advocate  to  Mr.  Secretary  Dundas. 

Edinr.,  28///  Or/r.  1793. 

My  dear  Sir, — I  am  extremely  sorry  to  find  from  a  letter  of 
Mr.  Chapman's  this  morning  that  the  intelligence  we  had  these 
two  days  flattered  ourselves  with  receiving  this  day  a  confirmation 
of,  is  unfounded. 

The  had  consequences  of  Muir's  remaining  in  prison  here,  be- 
come every  day  more  apparent.  And  although  it  is  still  my 
opinion  that,  if  possible,  no  distinction  should  be  made  between 
him  and  any  other  convict,  yet  rather  than  allow  him  to  remain 
longer  here,  I  consider  his  removal  to  London,  as  early  as  con- 
venient, to  be  essential  for  the  peace  and  quiet  of  this  city. 
There  is  a  convention  of  the  friends  of  the  people  to  be  held  here 
to-morrow.  And  tho'  no  respectable  persons  have  as  yet  appeared 
amongst  them,  I  am  sorry  to  say  that  the  exertions  of  the  ring- 
leaders for  these  six  weeks  past  have  been  too  successful.  Almost 
all  the  clubs  of  last  year  have  been  revived,  have  been  attended 
by  very  considerable  numbers,  and  are  proceeding  in  the  same 
regular  and  systematic  plan  which  last  year  was  so  fortunately 
subdued.  L^  Lauderdale  visited  Muir  on  Saturday,  and  was 
long  with  him.  The  purpose  of  the  visit,  it  is  reported,  was  to 
enquire  if  he  meant  to  apply  for  any  mitigation  of  his  punishment, 
and  to  assure  him  that  his  case  was  to  be  brought  before  both 
Houses  of  Parliament.  The  countenance  thus  shown  him  has 
given  already  to  the  clubs  additional  spirits :  and  the  bad  news 
from  the  Continent  will  not  contribute  to  lower  them.  I  leave 
these  things  to  your  consideration  ;  and  trust,  if  you  concur  M'ith 
me  in  opinion,  that  the  measure  I  have  suggested  will  soon  be 
complied  with. 

Francis,  I  understand,  mentioned  to  you  a  corresj)ondence 
opened  with  me  by  a  Mr.  Hamilton  Rowan,  secretary  of  the  Society 
of  United  Irishmen.  I  have  since  received  a  second  letter  from  that 
gentleman.  Private  information  from  one  of  the  clubs  here,  and 
a  letter  received  this  morning  from  a  gentleman  in    Dublin   to 


238  ARNISTON  MEMOIRS.  [1793. 

Col.  Pringle,  leave  me  little  room  to  doubt  that^  as  Lord  Fitz- 
gibbon  has  been  some  days  ago  called  upon  by  one  Mr.  Butler, 
I  shall  probably  to-morrow  or  next  day  be  visited  by  Mr.  Rowan, 
or  receive  through  a  third  hand  a  similar  message. — Yours  faith- 
fully, R.  DuNDAS.l 

Archibald  Hamilton  Rowan  of  Killileagh,  to  whom  allusion 
is  made  in  the  foregoing  letter,  was  one  of  the  most  truculent 
members  of  the  Society  of  United  Irishmen,  and  an  associate 
of  Napper  Tandy  and  Wolfe  Tone.  During  the  preceding 
summer  he  had  become  a  hero  among  the  revolutionary  party 
in  Ireland  from  his  open  defiance  of  the  Government,  and  had 
now  come  to  Edinburgh  for  the  purpose  of  challenging  the 
Lord  Advocate,  who,  during  the  proceedings  against  Mr.  Muir, 
had  spoken  of  the  Irish  leaders  as  "  wretches  who  had  fled 
from  punishment."*** 

Mr.  Henry  Dundas,  who  was  aware  of  what  was  going  on, 
wrote  to  the  Solicitor- General,  with  a  broad  hint  that  steps 
should  be  taken  to  prevent  a  duel. 

Mr.  Secretary  Dundas  to  Solicitor  General  Blair. 

London,  2d  Now.  1793. 
Dear  Solicitor, — You  will  easily  perceive  the  reason  why 
this  letter  is  addresst  to  you  rather  than  to  the  Advocate.  I 
have  heard,  what  of  course  you  are  acquainted  with^  the  corre- 
spondence which  has  been  passing  between  him  and  an  Irish 
gentleman,  Mr.  Rowan  Hamilton.  I  have  thought  very  maturely 
upon  the  subject^  and  am  well  aware  of  its  delicacy.  I  know  that 
the  habits  of  the  world  and  a  man's  own  feelings  do  not  admit  of 
his  doing  what  in  theory  may  be  thought  best.  It  is  certainly  an 
absurdity  on  the  face  of  it  that  publick  men  acting  in  the  course 
of  their  duty  should  be  supposed  amenable  as  individuals  to  every 
man  who  thought  proper  to  be  offended,  and  it  would  in  the 
present  case  be  still  more  intolerable  when  it  would  appear  to  be 
a  part  of  that  lawless  confederacy  which  strikes  at  all  order, 
law,  and  legitimate  authority.  I  have  not  thought  it  right  to  say 
a  word  on  the  subject  to  the  Advocate  himself,  but  as  you  will, 
of  course,  know  everything  that  occurs  on  the  subject,  you  will  act 
in  such  a  manner,  as,  without  bringing  any  imputation  on  the 
Advocate's  honour,  to  take  care  that  the  authority  of  the  law  is  not 

^  State  Papers,  Domestic,  Scotland,  1793. 


1793  ]   THE  LORD  ADVOCATE  CHALLENGED.     239 

trampled  uj)on.  The  Advocate  is  a  man  of  spirit,  and  no  circum- 
stances will  ever  deter  him  from  ^oin^  forward  directly  and  manfully 
in  the  execution  of  his  duty.  But  if  this  system  is  to  be  permitted 
to  ^o  on,  you  may  depend  upon  it  neither  judges  nor  juries  will  do 
their  duty ;  at  least  on  many  of  them  it  will  liave  that  pernicious 
effect. — Yours  very  sincerely,  Henry  Dundas.* 

On  reaching  Kdiiiburgii,  Mr.  Rowan  and  the  Hon.  Simon 
Butler,  who  had  come  to  act  a.s  second  at  the  intended  duel, 
went  to  Dund)reck\s  Hotel,  in  St.  Andrew  Scpiare ;  and  Mr. 
Butler  at  once  proceeded  with  a  hostile  message  to  George 
Square.  He  saw  the  Lord  Advocate,  who  said  that  he  did  not 
consider  himself  bound  to  give  any  explanaticm  of  what  he  Inul 
said  in  his  official  capacity,  but  that  he  would  answer  Mr. 
liowan  without  delay.  The  answer  took  the  form  of  a  warrant 
for  the  arrest  of  Mr.  Rowan  and  his  second.  They  were  appre- 
hended and  taken  before  the  Sheriff*  of  Midlothian.  Colonel 
Macleod,  M.P.,  however,  went  bail  for  them,  and  they  were 
liberated.  Some  of  the  Friends  of  the  People  entertained 
them  at  dinner  in  Hunter"'s  Tavern,  in  the  Royal  Kxchange, 
after  which  they  left  Scotland  and  went  home. 

Muir  and  Palmer  were  sent  up  to  I^)ndon  on  board  a 
revenue  cutter,  in  irons,  and  among  a  number  of  felons  who 
had  been  convicted  of  various  crimes.  Their  case  had  roused 
great  interest.  "There  is  a  devil  of  a  stir  here  about  Muir 
and  Palmer,'^  Mr.  Nepean  writes  to  the  I^rd  Advocate. 
Indeed,  so  strong  wjis  the  feeling  among  the  Whig  members 
that  it  was  fully  ex})ected  that  a  question  would  be  raised  in 
Parliament  as  to  the  legality  of  the  sentence  which  had  l)een 
passed  upon  them. 

Mr.  Secretary  Dundas  to  the  Lord  Advocate. 

(Private.)  Wimbledon,  idth  Novr.  1793. 

Dear  Advocate, — I  had  a  visit  from  Lord  Lauderdale,  Mr. 
Grey,  and  Mr.  Sheridan,  on  the  subject  of  Mr.  Palmer  and  Mr. 
Muir.  I  desired  to  be  furnished  with  any  communication  they 
had  to  make  in  writing,  and  I  would  then  decide  what  I  would 
do  upon  it.     They  sent  it  after  two  days'  delay,  and  in  so  far  as  it 

*  Copy  of  a  letter  from   Mr    Secretary   Dundas    to   Roliert    Blair,    Esq., 
Solicitor-General,  State  Papers,  Scotland,  1793. 


240  ARNISTON  MEMOIRS.  [1793. 

consists  of  argument  I  have  enclosed  it  in  a  reference  I  have  just 
made  to  the  Lords  of  Justiciary,  addrest  to  Lord  Justice-Clerk. 
As  the  great  object  is  to  make  the  business  a  subject  of  parlia- 
mentary discussion,  it  must  be  attended  to  in  that  view.  I  there- 
fore trust  the  judges  will  make  their  report  with  their  first  con- 
venience. At  the  same  time,  for  their  own  sakes,  and  for  the  sake 
of  the  law  of  the  country,  which  must  be  upheld,  I  hope  the 
report  will  be  ably  and  scientifically  drawn  up.  You  may  com- 
municate this  letter  privately  to  the  judges.  In  the  representation 
presented  to  me  by  Messrs.  Lauderdale,  Grey,  and  Sheridan,  they 
state  their  intention  to  bring  the  business  before  Parliament.  It 
is  not,  however,  my  intention  to  gratify  them  in  that  respect,  for 
if  the  judges'  Report  expresses  no  doubt  upon  the  subject,  I  will 
carry  the  sentence  immediately  into  execution,  and  meet  their 
clamour  in  Parliament  without  any  kind  of  dismay. 

There  is  no  foundation  for  the  report  you  have  heard  of  any 
particular  severity  to  Muir  and  Palmer.  I  send  you  the  note  I 
have  just  received  from  Mr.  Nepean. — Yours  faithfully, 

Henry  Dundas. 

Mr.  Secretary  Dundas  to  the  Lord  Advocate. 

LoND.  11th  Deer.  1793.     Five  o'clock. 

Dear  Advocate, — I  have  within  this  hour  received  a  visit 
from  Lord  Lauderdale,  Mr.  Grey,  and  Mr.  Sheridan  to  state  that 
they  were  advised  that  the  conviction  and  confinement  of  Mr. 
Muir  and  Mr.  Palmer  was  illegal,  and  that  they  meant  to  take 
measures  to  try  the  question,  and,  at  any  rate,  to  make  a  motion 
for  a  bill  in  Parliament,  with  a  retrospective  clause,  and  that  they 
had  called  upon  me  to  give  me  this  intimation,  trusting  that  I 
would  take  care  that  in  the  meantime  they  were  not  sent  off.  I 
told  them  that  if  they  had  any  communication  to  make  on  the  sub- 
ject, they  must  do  it  in  writing,  and  I  would  consider  it.  Lauder- 
dale, who  was  the  chief  spokesman,  said  that  it  was  Leasing-making, 
and  that  the  punishment  of  that  was  defined  by  an  Act  in  1 703. 

You  get  great  credit  here  for  your  attack  on  the  Convention. 
I  desired  Nepean  to  send  you  a  perusal  of  the  King's  note  to  me 
on  the  subject. — Yours  affectly.,  Henry  Dundas. 

Mr.  Secretary  Dundas  to  Mr.  Smith. 

Whitehall,  23^/.  Dece77ii\  1793. 
Sir, — I    have   received   your   letter   enclosing   one  from   Mr. 
Muir  at  Glasgow. 


1793  ]  MEETING  OF  CONVENTION.  24T 

It  has  always  been  with  me  an  invariable  rule  to  refer  every 
application  for  an  extension  of  the  Royal  mercy  to  the  judges  who 
presided  at  the  Court  where  the  sentence  was  pronounced,  in 
order  that  they  may  give  their  opinion  whether  previous  to, 
or  during  the  course  of  the  trial,  or  subsequent  to  the  convic- 
tion, any  circumstances  appeared,  or  have  come  to  their  know- 
ledge which  would  justify  a  mitigation  of  the  sentence  of  the 
Court. 

No  such  application  has  been  made  to  me  by  Mr.  Muir.  I  can 
therefore  only  join  with  you  in  that  sympathy  which  must  arise  in 
the  breast  of  every  friend  to  humanity  when  called  forth  by  the 
afflictions  of  parents,  who,  by  the  crimes  of  their  offspring,  are 
plunged  into  that  distress  which  the  parents  of  Mr.  Muir  have 
stated  to  you. — I  have  the  honour  to  be.  Sir,  your  most  obedient, 
humble  servant,  Henrv  Dundas. 

Wm.  Smith,  Esq. 

As  soon  as  it  became  certain  that  the  trials  of  Muir  and 
Palmer  would  be  discussed  in  Parliament,  Mr.  Henry  I)unda<i 
wrote  to  Lord  Braxfield,  requesting  a  report  on  the  subject. 
His  Lordship  sent  up  to  Downing  Street  a  unanimous  opinion, 
by  all  the  judges,  that  the  sentences  were  legal,^  and  enclosed 
a  confidential  note  from  himself  urging  that  no  mercy  should 
be  shown  to  the  prisoners. 

In  writing  to  the  Lord  Advocate,  on  the  11th  of  December, 
Mr.  Henry  Dundas  says,  "  You  get  great  credit  here  for  your 
attack  on  the  Convention.'"*  -  What  had  taken  place  wa.s  this. 
In  December  another  convention  assembled  in  Edinburgh,  at 
which  delegates  from  various  societies,  having  aims  similar  to 
those  of  the  Friends  of  the  People,  (attended.  It  was  rumoured 
that  the  law  officers  of  the  Crown  in  Scotland  were  to  be 
intrusted  with  exceptional  powers ;  and  there  can  be  no  doubt 
that  the  members  of  the  Convention,  undaunted  by  the  fate  of 
Muir  and  Palmer,  had  actually  discussed  the  possibility  of 
resisting  the  law  by  force  of  arms.  The  Lord  Advocate  and 
Solicitor-General  determined  to  arrest  the  ringleaders  ;  and,  in 
the  course  of  a  few  days,  Gerrald,  Margarot,  and  Skirving, 
three  prominent  delegates,  were  in  custody. 


1  This  report  is  in  the  Record  Office,  dated  27th  Dec.  1793. 
-  SuprOf  p.  240. 

a 


242  ARNISTON  MEMOIRS.  [1793. 


Lord  Advocate  to  Mr.  Secretary  Dundas. 

Edinr.,  6th  Deer.  1793. 
My  dear  Sir, — Last  Tuesday's  Gazetteer,  containing  a  further 
account  of  the  proceedings  of  the  Convention,  appeared  to  the 
Solicitor  and  me  so  strong,  that  we  agreed  to  take  notice  of  them. 
The  proper  warrants  were  accordingly  obtained,  and  early  yester- 
day morning  put  in  execution,  against  Margarot,  Gerrald,  Cal- 
lender,  Skirving,  and  one  or  two  others,  and  with  such  effect 
that  we  have  secured  all  their  minutes  and  papers.  And  tho',  of 
course,  the  precognitions  are  not  yet  completed,  and  not  laid  before 
me,  my  information  is  that  we  shall  have  no  difficulty  in  making 
good  a  charge  of  sedition  ag*  them,  and  trying  and  convicting 
them  all.  It  gives  me  much  satisfaction  to  state  to  you  that 
their  conduct  has  excited  universal  detestation,  and,  indeed, 
alarm,  and  that  the  strong  measures  taken  by  us  are  as  warmly 
approved.  It  was  concerted  that  if,  notwithstanding  what  passed 
in  the  morning,  they  should  presume  to  meet  in  the  evening  at 
the  usual  hour,  the  provost  should  interfere,  and  disperse  them. 
They  did  accordingly  meet ;  and  last  night,  about  seven  o'clock, 
he  proceeded  with  about  thirty  constables  to  the  place  (Black- 
friars  Wynd),  where  about  one  hundred  were  assembled,  and  went 
up  to  the  President's  chair  before  they  had  time  to  recollect 
themselves,  and  ordered  him  out,  and  the  others  to  dismiss.  The 
President  skulked  off.  But  Brown,  the  Sheffield  delegate,  took 
his  place,  and,  after  expressing  his  determination  not  to  move,  in 
which  he  was  joined  by  the  majority  of  his  associates,  the  Provost 
called  in  the  constables,  and  turned  Brown,  with  his  own  hand, 
from  the  chair.  On  this  they  dispersed,  without  further  noise. 
I  have  been  informed  that  they  again  intend  re-assembling  this 
evening  in  a  different  place,  in  the  Canongate.  If  they  do,  we 
have  settled  that  the  same  conduct  shall  be  followed,  and  that 
the  person  found  acting  as  Preses  shall  be  committed  for  the 
night  to  the  guardhouse.  No  time  shall  be  lost  in  bringing  on 
their  trials.  The  copy  of  last  Gazetteer  is  in  the  office,  but  I  shall 
cause  it,  and  a  copy  of  the  former  one,  to  be  sent  you  by  to- 
morrow's post.  I  trust  that  on  perusal  you  will  think  that  we  have 
law  and  fact  both  sufficient  on  our  side,  and  that  you  will  approve 
of  the  measures  which  have  been  taken.  One  of  their  presidents, 
a  shopkeeper  named  Hart,  of  Glasgow,  returned  there  on  Tuesday 
last.  Wednesday  evening  he  appeared  in  the  Public  Coffee  Room, 
to  which  he  is  a  subscriber,  and,  after  receiving  a  hiss  from  the 


1793]  ARRKST  OF  DELEGATES.  243 

wliolf  company,  was,  with  rather  too  much  violence,  kicked  out  of 
tlic  room.  Mr.  Orr  has  wrote  me  on  the  subject,  as  the  j)arty 
injured  has  applied  to  the  magistrate  for  redress.  I  mention  it 
chiefly  to  show  you  that,  wild  as  we  have  been  in  this  country, 
our  senses  are  beginning  to  return,  and  that  even  reformers  are 
not  ripe  for  equality,  and  a  convention  modell'd  on  that  of  France. 
We  are  all  anxious  in  the  extreme  to  hear  of  Lord  Howe. — 
Yours  ever,  R.  Dundas.* 

Lord  Advo(.\tk  to  Mr.  Seirktary  Dundas. 

Kdinr.,  Wth  Deer.  1793. 

My  dear  Sir, — You  will  receive  with  this  a  copy  of  the  Edin- 
burgh Gazeiii'cr  of  last  night,  and  you  will  attend  to  the  story  of 
the  "Cobler  of  Messina."  In  spite  of  this  allusion  we  shall  con- 
tinue the  strong  measures  adopted.  And  as  the  advertisement 
signed  by  Skirving,  calling  a  meeting  to-morrow,  appears  in  the 
face  of  the  proclamation  of  the  magistrates  and  sheriff,  he  is  to  be 
taken  up  this  day,  and  will  either  be  committed  to  prison,  or 
obliged  to  find  bail  for  his  good  behaviour.  To-morrow  the  peace 
officers  are  to  assemble  at  the  appointed  place  of  meeting,  and  to 
prevent  its  being  held  there.  The  precognitions  still  go  on,  and, 
I  have  every  reason  to  believe,  will  be  completed  before  Saturday, 
and  the  indictments  immediately  prepared.  I  shall  communicate 
to  you  the  result. 

The  publisher  of  the  Gazetteer  had  the  impudence  or  the  in- 
solence to  write  me  a  letter  yesterday,  requesting  my  allowing  his 
paper  to  go  under  my  frank  at  the  post-office,  as  Colonel  Macleod 
had  refused  to  continue  his  permission  any  longer.  Of  course  I 
gave  him  no  answer. 

I  understand  from  several  quarters  that  the  general  opinion  of 
the  inhabitants  here  is  that  Muir  and  Palmer  ought  only  to  have 
been  confined  till  the  opportunity  of  transporting  them  offered  ; 
and  that  their  being  handcuffed,  or  obliged  to  work  like  other 
felons,  is  made  the  handle  of  much  clamour,  and  which  may  have 
a  bad  effect.  If  you  think  it  proper  to  show  them  any  distinction 
from  the  case  of  other  convicts,  it  appears  to  me  your  doing  so 
would  be  of  service.  If  the  juries  here  take  it  in  their  heads  that 
more  is  done  to  these  gentry  than  is  absolutely  necessary,  they 
may  acquit  where  they  would  otherwise  have  convicted. — I  am. 
Yours  very  faithfully,  R.  Dundas.^ 


.State  Papers,  Domestic,  Scotland,  1793.  -  Ibid. 


2*4  ARNISTON  MEMOIRS.  [1794. 

The  arrest  of  the  ringleaders  put  an  end  to  the  Convention, 
Skirving  and  Margarot  were  tried,  and  sentenced  to  fourteen 
years'  transportation,  in  January  1794.^  In  March  Gerrald 
received  a  similar  sentence.- 

The  threatened  discussion  in  Parliament,  on  the  subject  of 
the  trials  of  Muir  and  Palmer,  took  place  in  January.  Lord 
Stanhope,  in  the  House  of  Lords,  moved  for  an  inquiry ;  but 
his  motion  was  defeated  by  a  large  majority.  In  the  Commons 
there  was  a  hot  discussion,  during  which  Lord  Advocate  Dundas 
had  to  defend  himself  against  an  onslaught  in  which  both  Mr. 
Fox  and  Mr.  Sheridan  took  part.  But  the  Government  was 
supported  by  an  overwhelming  majority. 

In  autumn  a  commission  of  Oyer  and  Terminer  was  held  in 
Edinburgh.^  The  principal  case  was  that  of  Robert  Watt, 
who,  as  we  have  already  seen,  had  at  one  time  acted  as  a 
Government  informer.^  He  was  now  accused  of  higli  treason, 
the  chief  overt  act  being  a  conspiracy  to  upset  the  Government 
by  setting  Edinburgh  on  fire,  attacking  the  castle,  sacking  the 
banks,  and  imprisoning  the  judges.  That  such  a  conspiracy 
existed  there  could  be  little  doubt  from  the  evidence.  But 
Watt's  defence  was  that  he  mingled  with  the  conspirators  in 
order  to  obtain  information  which  he  intended  to  communicate 
to  the  Government.  Lord  Advocate  Dundas  had  to  appear 
both  as  public  prosecutor  and  as  a  witness  for  the  prisoner. 
For  Watt  subpoenaed  him  in  order  to  bring  out  the  fact  that 
he  had  been  in  communication  with  his  Lordship  and  Mr. 
Secretary  Dundas.  But  it  was  proved  that  for  a  long  time  he 
had  ceased  either  to  see,  or  correspond  with,  the  authorities. 
The  jury  returned  a  verdict  of  guilty,  and  he  was  condemned 
to  death.  In  prison,  the  night  before  his  execution,  he  wrote 
a  long  declaration,  in  which  he  admitted  his  guilt.^ 

The  year  1795  was  a  miserable  year  in  both  England  and 
Scotland.  The  state  of  public  feeling  went  from  bad  to  worse. 
Dear  food,  increasing  taxation,  a  bad  harvest,  and  constant 

^  State  Trials,  vol.  xxiii.  pp.  391-778. 

2  Ibid.  pp.  803-1012. 

•"In  1709  the  Treason  Law  of  Scotland  was  abolished,  and  that  of  England 
substituted  for  it.  All  prosecutions  for  treason  in  Scotland  must  be  held  before 
a  commission  of  Oyer  and  Terminer  ;  and  a  grand  jury  must  find  true  bills  before 
the  trials  can  proceed. 

^  Supra,  p.  233.  ^  State  Trials,  vol.  xxiii.  pp.  1 167-1404. 


1796.]  CONTEST  FOR  THE  DEANSHIP.  245 

})()litical  floatation  excited  the  discontent  of  the  working  classes 
to  a  dangerous  point.  In  October  tlie  king  was  mobbed  and 
insulted  on  his  way  to  open  Parliament.  The  Govennnent 
retaliated  by  bringing  in  two  bills,  one  for  the  ])revention  of 
seditious  meetings,  and  the  other  for  the  j)reservation  of  the 
royal  person  tigainst  treasonable  attempts.  The  terms  of  these 
measures  were  of  such  a  nature  that  the  Opposition  did  all  in 
its  power  to  defeat  them.  At  Edinburgh  a  meeting  was  held 
to  petition  Parliament  against  the  bills ;  and  at  this  meeting 
Henry  Erskine,  the  Dean  of  Faculty,  moved  a  series  of  re- 
solutions, which  declared  that  the  bills  struck  "at  the  very 
foundations  of  the  British  Constitution.'"  His  conduct  was 
bitterly  resented.  The  question  of  discovering  whether  he 
could  not  be  dismissed  from  his  official  position,  as  head  of  the 
Scottish  Bar,  was  taken  in  hand  by  a  small  committee  con- 
sisting of  eight  advocates.  These  gentlemen  soon  found  that 
a  majority  of  the  Faculty  would  sup})()rt  the  Lord  Advocate 
in  opposition  to  Mr.  Erskine ;  and  the  Dean  wa^,  accord- 
ingly, informed  that  his  election  for  the  ensuing  year  was  to 
be  opposed. 

For  some  years  the  goodly  fellowship  of  the  Bar  of  Scotland 
had  been  broken  up.  On  the  one  hand  were  the  supporters  of 
Government,  a  powerful  party  supported  by  the  approval  of  the 
Bench  and  the  sympathy  of  society.  On  the  other  hand  were 
the  supporters  of  the  Opposition,  few  in  number,  regarded  with 
distrust  by  the  judges,  and,  many  of  them,  suffering  in  social 
and  professional  life  from  the  unpopular  views  which  they  had 
adopted.  Thus  the  election  of  a  Dean  for  the  year  1796  became 
a  purely  party  question.  The  election  took  place  on  the  12th  of 
January  1796,  when  123  voted  for  Lord  Advocate  Dundas,  and 
38  for  Mr.  Erskine.  The  opinion  of  the  Faculty  was  clearly 
expressed.  But  it  is  to  be  regretted  that  so  great  a  slight 
should  have  been  done  to  so  good  a  man  as  Henry  Erskine, 
and  that  an  honour,  which  Mr.  Dundas  was  in  every  way 
entitled  to  receive,  should  have  been  bestowed  upon  him  rather 
to  signalise  the  triumph  of  a  faction  than  to  express  the 
personal  respect  of  his  brethren  at  the  bar.^ 

^  The  reader  will  find  a  full  account  of  this  transaction  in  Colonel  Fergusson's 
Life  of  Heury  Erskim^  pp.  354-366,  and  pp.  544-351. 


246  ARNISTON  MEMOIRS.  [1796. 

On  the  6tli  of  June  the  Lord  Advocate  was  again  returned 
for  Midlotliian ;  and  the  following  account  of  the  election 
proceedings,  taken  from  the  Edinburgh  Herald^  gives  a  good 
idea  of  how  those  matters  were  conducted  at  the  close  of  last 
century. 

"  Yesterday,  June  7th,  a  very  numerous  attendance  of  the 
Freeholders  of  this  county  took  place  in  the  Parliament  House 
in  order  to  elect  their  representative  for  the  ensuing  Parlia- 
ment. After  the  customary  forms  had  been  gone  through,  the 
Lord  Advocate  proposed  Sir  John  Inglis  of  Cramond,  Bart., 
to  be  their  Preses,  and  James  Newbigging,  Esq.,  to  be  their 
Clerk,  and  these  gentlemen  were  accordingly  unanimously 
elected.  The  roll  of  freeholders  was  then  adjusted  by  striking 
oft*  those  who  had  died  since  the  roll  was  last  made  up,  and 
adding  to  it  those  gentlemen  whose  claims  for  enrolment  were 
sustained.  LTpon  these  matters  being  settled,  the  Lord 
Advocate  informed  the  meeting  that  having  either  personally 
or  by  letter  solicited  the  favour  of  every  freeholder  of  again 
representing  the  county  in  Parliament,  he  was  extremely  happy 
to  see  so  numerous  and  respectable  an  attendance,  and  should 
be  proud  of  being  once  more  returned.  His  Lordship  was 
accordingly  elected  without  a  dissentient  voice.  After  which 
he  returned  them  thanks  in  a  very  elegant  speech,  declaring 
that  as  it  was  his  early  ambition  to  arrive  at  that  higli  honour, 
so  his  having  been  so  frequently  thought  worthy  of  it  by 
gentlemen  among  whom  he  had  been  born  and  bred,  could  not 
but  fill  his  mind  with  the  deepest  sense  of  gratitude. 

"  The  electors  witli  a  great  number  of  persons  of  the  first 
distinction  afterwards  dined  with  his  Lordship  in  the  George 
Street  Assembly  Rooms.^^ 

The  election  dinner  was  an  almost  invariable  part  of  the 
programme  upon  such  occasions.  No  account  has  been  pre- 
served of  the  expenses  connected  with  the  election  of  1796 ; 
but  the  bill  for  the  election  dinner  given  by  Lord  Advocate 
Dundas  to  his  supporters,  on  his  return  for  Midlothian  three 
years  later,  was  as  follows  : — 


'799. 


AN  ELECTION  DINNER. 


247 


LOUD    ADVOCATF;s    KLKCTION    DINNKH. 


IIM  (kiuhcr  lli)ih 

.John  Bayll's  bill  for  dinner,  etc.,  provided  for  180, 

Trotter  cS:  Co.,  confectioner>',    .          .  £4.S     0     0 
Youn^,  Trotter,  &    Co.,   putting   up 

the  tables,            .         .          .         .  22     0 

For  the  use  of  the  Assembly  Rooms,  10   17 

Alexr.  Williamson,  furnishing  glasses,  3     0 

Given  to  the  waiters,         ...  30 

Gratuity  to  Mrs.  Bayll,      ...  22 


.£lOf)   L5     H 


Doz.  Bs.     Wines. 

1 1  4  Claret,      5/6, 

()  1  Port,         2/10, 

3  4  Sherry,     3/, 

3  3  Madeira,  5/3, 

1  0  Rum,        3/8, 

0  6  Brandy,    4/(), 

1  0  Claret  for  the  clerks, 


X37 
10 

() 
10 

2 

3 


83   1.9     (> 


26J  dozens. 

Bill  for  the  clerks,    . 

£12 

6 

0 

For  the  musicians,    . 

. 

10 

10 

0 

Election  fee,    . 

.£550 

Doorkeepers,    . 

.     3   18     () 

9 

3 

i< 

70   1() 


31    19     (> 
£293   11      1 


These  election  dinners  very  often  became  mere  debauches. 
Lord  Advocate  Dundas,  himself  a  very  temperate  man,  wished 
to  check  the  orgies  in  which  many  of  his  suj)})orters  delighted  ; 
and  on  one  occasion  he  arranged,  with  the  gentlemen  by  whom 
he  was  supported  at  the  head  of  the  table,  that  the  party 
should  break  up  at  an  early  hour.  But  it  was  no  use.  On 
rising  to  leave  the  room,  they  were  greeted  with  shouts  from 
the  croupiers'  end  of  the  table  of  "  Na,  na,  Mr.  Dundas,  we  Ve 
no  a'  slockened  vet ! ''     Mr.  William  Dundas,  for  many  years 


^248 


ARNISTON  MEMOIRS. 


[1799. 


member  for  Edinburgh,  used  to  relate  that  at  one  of  his 
election  dinners  a  voice  from  beneath  the  table  was  heard 
liiccuping,  "  I  dinna  like  thae  Dundases  ;  they  dinna  pay  weel/' 
*'  Brute,"'  replied  the  member,  "  drunk  with  my  claret,  and  yet 
abusing  my  family.' 


NORTH    FRONT   OF   ARNISTON,  AS   ORTGINALLY    DESIGNED. 


The  front  door  at  Arniston,  as  designed  by  Adam,  its  architect,  was 
approached  by  a  wide  flight  of  steps,  ending  with  a  broad  landing,  and  with 
a  massive  stone  balustrade.  Adam,  who  had  drawn  his  inspiration  from 
Italian  sources,  had  overlooked  one  material  fact,  the  difference  between  an 
Italian  and  a  Scotch  climate.  His  outside  flights  of  stairs,  though  very  hand- 
some, were  unsuited  to  Scotland,  and  in  many  instances,  Arniston  included, 
have  of  late  years  been  replaced  by  covered  porches — less  handsome,  but 
better  suited  to  a  Scotch  winter. 


CHAPTER   XII. 

IX)RD  CHIEF  BARON  DUNDAS — continued. 

In  the  summer  of  1797  tlie  memora])le  mutiny  in  the 
British  fleet  took  phice,  when  Admiral  Duncan,  by  liis  firmness 
combined  with  moderation,  kej)t  tlie  crews  of  the  "  Venerable '' 
and  "Adamant"*  true  to  their  colours.  These  events  were 
watched  by  the  Arniston  family  with  j)eculiar  interest,  from  the 
fact  that  the  Admiral  had  married  Henrietta,  second  daughter 
of  the  Second  President  Dundas ;  and  the  following  letters 
relate  to  the  decisive  victory,  which,  in  the  following  autumn, 
he  gained  over  the  Dutcli  at  Camperdown  : — 

Lord  Advocate  Dundas  to  Mrs.  Dundas.^ 

Mv  DEAREST  Bess, — I  have  this  moment  your  letters  of  Smiday 
and  Monday.  Be  you  mistaken  or  not  is  to  me  immaterial,  for 
whilst  you  write  me  as  you  have  done,  and  wind  yourself  about 
my  heart  so  closely  as  you  are  doing,  my  happiness  is  beyond  the 
reach  of  any  circumstance  to  alter.  Three  successive  days  have 
I  been  fighting  these  Scots  members,  and  at  last  have  beaten  the 
brutes  among  them  to  silence.  This  day  I  am  going  to  ride  out, 
and  stay  all  night  with  your  father,  and  return  to-morrow  to  finish 
my  last  cause  in  the  House  of  Lords,  as  I  hope.  And  as  I  possibly 
will  not  have  time  to  write  you  to-morrow,  I  write  you  these  few 
lines  with  the  chance  of  their  reaching  you  on  Sunday.  But 
chiefly  that  a  sea  officer  was  here  within  this  hour  searching  for 
your  father,  and  if  Lamb,  who  came  in  with  a  face  of  amazement 
and  folly  mixed,  when  he  presumes  to  commence  a  conversation 
w^ith  me,  states  that  the  Dutch  fleet  are  all  taken.^     Now,  this  may 


^  Undated. 

2  This  sentence  is  printed  exactly  as  it  is  expressed  in  the  original ;  but  it  is 
evident  that  something  is  wanting. 


250  ARNISTON  MEMOIRS.  [1797. 

be  true,  tho*  unlikely.  But  if  true,  the  news  will  come  by  the  post 
as  soon  as  you  receive  this.  If  not,  burn  this  note.  Probably 
Duncan  may  have  fallen  in  with,  and  taken,  a  ship  or  two.  And, 
if  so,  I  rejoice  in  his  success  and  the  joy  it  will  give  Mrs.  Duncan. 
Mr.  Gardner  and  I  will  arrange  about  the  trees  this  evening. 
Such  of  your  bills  as  I  can  pay  shall  be  paid.  I  will  leave  nothing 
in  my  pocket  of  my  fees  here,  but  what  is  necessary  to  bring  me 
down  to  Arniston.  If  the  Scots  bill  passes  Monday  I  will  write 
you  certainly  my  motions.  I  confide  entirely  in  your  prudence, 
my  dearest,  and  believe  me, — Yours  most  truly,  R.  D. 


Admikal  Duncan  to  the  Lord  Advocate. 

Mv  DEAR  Advocate, — As  I  am  sure  no  friend  will  rejoice  more 
at  any  good  fortune  that  attends  me  than  you  will,  I  write  you 
these  two  lines  to  say  I  hope  the  action  I  have  had  with  the 
Dutch,  who  fought  with  their  usual  gallantry,  is  not  exceeded  by 
any  this  war.  We  have  suffered  much.  The  returns  I  have  had, 
and  have  not  had,  half  exceed  I9I  killed,  and  b(i5  wounded  ;  from 
only  two  Dutch  ships,  250  killed,  and  300  wounded.  We  were 
obliged,  from  being  so  near  the  land,  to  be  rather  rash  in  our 
attack,  by  which  we  suffered  more.  Had  we  been  ten  leagues  at 
sea  none  would  have  escaped.  Many,  I  am  sure,  had  surrendered, 
that  got  off  in  the  night,  being  so  near  shore.  We  were  much 
galled  by  their  frigates,  where  we  could  not  act.  In  short,  I  feel 
perfectly  satisfied.  All  was  done  that  could  be  done.  None  have 
any  fault  to  find.  I  have  now  in  my  possession  three  admirals 
Dutch,  an  admiral  De  Winter,  Vice-ad.  Renter,  Reer-adm.  Meame. 
The  admiral  is  on  board  with  me,  and  a  most  agreeable  man  he  is. 
He  speaks  English  well,  and  seems  much  pleased  with  his  treat- 
ment. I  have  assured  him,  and  with  justice,  nothing  could  exceed 
his  gallantry.  He  says  nothing  hurts  him,  but  that  he  is  the  first 
Dutch  admiral  ever  surrendered.  So  much  more  credit  to  me. 
He  tells  the  troops  that  were  embarked  in  the  summer  were 
2.),000  Dutch,  destined  for  Ireland,  but  after  August  that  ex- 
pedition was  given  up.  The  government  in  Holland,  much 
against  his  opinion,  insisted  on  his  going  to  sea,  to  show  they  had 
done  so,  and  was  just  going  to  return,  when  I  saw  him.  I  am 
sure  I  have  every  reason  to  be  thankful  to  God  Almighty  for  his 
kindness  to  me  on  this  occasion,  and  all  others.  I  believe  the 
pilot  and  myself  were  the  only  two  unhurt  on  the  quarter-deck, 
and   De  Winter,  who  is  as  tall  and  big  as  I  am,  was  the  only  one 


1797  ]  VISCOUNT  DUNCAN.  251 

on  his  quarter-deck  left  alive.     After  all  my  fatif^Uf,  I  am  in  perfect 
health,  and  my  usual  spirit.  — Believe  me,  most  faithfully  yours, 

Adam  Duncan.' 
•  Venerable,'  getting  up  to  Sheemess, 
Sunday,  October  thf  1$///,  1797, 


Lady  Mary  Duncan*  io  Henry  Dundas. 

Hami'ton  Court  Green,  Oa.  18///,  1797. 

Sir, — Tho'  I  have  not  the  honour  of  being  personally  known  to 
you,  I  can't  resist  giving  you  joy  of  the  signal  victory.  Report  says 
my  nephew  is  only  made  a  Viscount.  Myself  is  nothing.  But 
the  whole  nation  thinks  the  least  you  can  do  is  to  give  him  an 
English  earldom.  From  the  multiplicity  of  your  business,  you 
may  have  slipt  w  hat  I  am  going  to  lay  before  your  eyes.  Please 
to  recollect  what  a  chicken-hearted  way  all  the  nation  was  in,  low 
spirited  by  the  war,  murmuring  at  taxes  (tho'  necessary),  grum- 
bling and  dissatisfied  in  every  county. 

Now  comes  my  hero,  the  first  that  attempted  to  quash  the 
rebellious  seamen,  locks  up  the  Texel  for  nineteen  weeks,  when 
he  could  no  longer  remain.  They  came  out.  He  flies  after  the 
Dutch ;  completely  beats  them,  though  they  resisted  like  brave 
men.  I  know  the  little  etiquette  of  not  raising  gentlemen,  but 
by  degrees,  a  very  proper  distinction  for  those  thirteen  gentle 
lords  you  made  last  week.  But  what  has  that  to  do  with  a  con- 
queror.'' What  a  different  situation  all  your  ministers  are  in  at 
the  opening  of  the  Parliament.  The  nation  joyful.  Not  a  black 
democrate  dare  open  his  mouth.  Even  our  cowardly  allies  will  be 
ashamed  to  have  deserted  us.  All  success,  under  God,  owing  to 
my  nephew.  Lord  St.  Vincent  is  a  brave  man  ;  he  merited  it ;  was 
made  an  earl.  I  leave  to  you  the  comparison.  All  my  ancestors 
only  rose  by  their  brave  actions,  both  by  land  and  sea.  Makes 
me  think  it  is  the  only  great  way  of  rising.  Am  sure,  were  this 
properly  represented  to  our  good  king,  who  esteems  a  brave 
religious  man  like  himself,  would  be  of  my  opinion.  Therefore,  I 
hope  to  hear  soon  of  his  being  made  Earl  of  Lundie,  Viscount 
Texel,  and  Baron  Duncan. 

The  first  and  last  titles   he  owes  to   his  ancient  family,  the 


'  Admiral  Duncan  was  the  younger  son  of  Alexander  Duncan  of  Lundie. 

"  Lady  Mary  Tufton,  daughter  of  the  seventh  Earl  of  Thanet.  She  married 
Sir  William  Duncan,  M.D.,  younger  brother  of  Alexander  Duncan  of  Lundie, 
father  of  Admiral  Duncan. 


252  ARNISTON  MEMOIRS.  [1804. 

Viscount  for  his  successor  to  remember  the  great  maii^  who  locked 
up  the  Dutch,  and  bravely  defeated  them.  Don't  doubt  you  are 
proud,  as  I  am,  of  being  related  to  Admiral  Duncan. — I  have  the 
honour  to  be,  your  most  ob.  humble  servant,         Mary  Duncan. 

In  recognition  of  his  great  services,  the  Admiral  was  created 
Viscount  Duncan  of  Camperdown,  and  Baron  Duncan  of  Lundie, 
to  which  estate  he  had  succeeded  by  his  bro therms  death.  He 
lived  for  nearly  seven  years  after  the  victory  at  Camperdown  ; 
and  the  following  letter  conveying  the  news  of  his  death  to 
]Mr.  Dundas,  who  in  the  meantime  had  become  Lord  Chief 
Baron,  may  be  inserted  here  : — 


Mr.  J.  Anderson  to  Chief-Baron  Dundas. 

CORNHILL,  Aug.  4,   1804. 

...  I  am  very  sorry  for  the  melancholy  occasion  which  is  the 
immediate  motive  of  my  writing  to  you  at  present.  This  morning 
early  1  was  awoke  by  an  express  from  Lord  Duncan's  butler 
announcing  the  melancholy  intelligence  of  his  master  having 
died  suddenly  this  morning  at  one  o'clock,  in  the  inn  at  this  place. 
I  lost  no  time  in  coming  here,  and  it  will,  I  am  sure,  afford  you  con- 
solation to  know  that  he  died  in  the  most  tranquil  manner,  and  with 
suffering  as  little  pain  as  possible.  He  had  arrived  here  about  six 
in  the  evening,  and  after  eating  a  moderate  dinner,  and  taking  his 
pint  of  wine  as  usual,  he  went  to  bed  about  ten  in  good  spirits, 
after  expressing  to  his  servant  the  satisfaction  he  felt  at  the 
prospect  of  dining  with  his  family  to-day.  He  slept  for  more 
than  an  hour,  and  then  awakening  with  a  sensation  of  pain  in  his 
stomach,  he  rang  for  his  servant,  who  having  given  him  a  few 
drops  of  laudanum,  left  him  for  a  little,  but  was  soon  after 
alarmed  with  another  ringing  of  the  bell.  On  his  return  he 
declared  to  his  servant  he  was  gone,  and  that  he  only  regretted 
dying  without  seeing  his  family.  The  servant  sent  immediately  an 
express  for  the  surgeon  at  Coldstream,  but  before  he  could  arrive 
his  Lordship  had  expired,  and  both  the  servant  and  the  landlady 
assure  me  that  it  was  in  the  easiest  manner  possible.  Your 
friend  Mr.  Buchan  ^  of  Kelloe,  who  is  now  here,  has  written  to 
Lord  Melville  and  to  your  brothers.     An  express  was  sent  early 

^  George  Buchan  of  Kelloe,  in  Berwickshire,  married  Anne,  fourth  daughter 
of  the  second  President  Dundas  by  his  first  wife,  Henrietta  Baillie  of  Lamington. 


i8oi.]       MU.  DUNDAS  APPOINTED  CHIEF  BAUON.     253 

this  morning  to  Mr.  Duncan,  which  would  probably  reach  him 
alK)ut  ten,  and  I  sincerely  hope  that  Lady  Duncan  may  be 
enabled  to  sustain  herself  with  fortitude  under  this  severe  trial. 

In  March  1801  Mr.  Pitfs  Administration,  whicli  hat!  now 
histed  for  seventeen  years,  aune  to  an  end  in  c(mse(|uence  of 
the  kinjij^s  refusiil  to  sanction  a  policy  of  Catholic  Emancipa- 
tion, and  the  Addin^on  Ministry  was  formed,  after  a  crisis 
durin«j;  which  his  Majesty  sufteretl  from  a  return  of  his  mental 
illness,  and  Wiis  at  one  time  in  great  danger  of  his  life.  Mr. 
Henry  Dundas,  of  course,  retired  with  Mr.  Pitt,  but,  though 
out  of  office  he  was  still  in  power,  and  able  to  give  a  helping 
hand  to  his  son-in-law  the  Loril  Advoaite.  Mr.  James 
Montgomery  of  Stanhope  was  at  this  time  Lord  Chief  Baron 
of  the  Scottish  Court  of  Exchequer;  and  in  A})ril  Mr.  Dunchus 
writes  to  him  : — "  Retiring  myself  from  office,  it  is  natural  for 
me  to  wish  to  see  the  near  branches  of  my  family  completely 
settled,  and  the  Advocate  naturally  forms  an  essential  object 
of  my  consideration  in  that  point  of  view.  If  the  king  luul 
lately  died,  as  there  was  too  much  reason  for  two  days  to 
expect,  I  should  not  have  felt  comfortable  if  Mr.  Erskine,  or 
any  other  person  connected  with  a  new  Government,  had  been 
in  the  predicament  of  looking  forward  to  be  your  successor.  I 
wish  now  to  put  that  point  out  of  risk.''  Joined  to  the  wish 
to  be  of  service  to  a  near  relation  there  existed  likewise  a 
feeling  of  distrust  of  the  new  Ministry  of  a  kind  which  it  is 
difficult  now  to  realise,  and  a  dread  of  seeing  the  great  offices 
of  State  placed  in  the  hands  of  their  adherents.^ 

Lord  Chief  Baron  Montgomery  was  desirous  of  retiring, 
and  (as  subsequent  events  showed  with  too  good  reason)  Lord 
Advocate  Dundas  thought  his  own  health  unequal  to  the  work 
which  his  promotion  to  the  Bench  would  have  entailed  uj)on  him, 
and  was  anxious  for  the  comparative  retirement  of  the  Court 
of  Exchequer.  Under  these  circumstances,  arrangements  for 
the  retirement  of  Chief  Baron  Montgomery  were  easily  brought 
al)out.  He  resigned,  and  the  Lord  Advocate  succeeded  him. 
Mr.  James  Montgomery  became  Solicitor-General ;  and,  in  the 
following  July  his  fatlier,  the  late  Chief  Baron,  was  further 
rewarded  for  his  services  by  being  created  a  baronet. 

•  See  Mr.  Canning's  letter  to  the  Chief  Baron,  sttpra^  p.  264. 


254  ARNISTON  MEMOIRS.  [1804 

Some  of  the  new  Chief  Baron's  friends  thought  that  he 
should  have  aimed  at  being  Lord  President,  as  his  father  and 
grandfather  had  been  before  him.  Mr.  Blair  of  Avonton, 
then  Solicitor-General,  wrote  regretting  "  that  you  should 
accept  a  situation  which  will  fix  you  for  life  in  an  office  of 
much  less  importance  than  the  one  which,  you  know,  I  had 
allotted  to  you  from  a  firm  conviction  that  there  is  not  a  man 
in  our  profession  who  is,  in  all  respects,  so  well  qualified  to 
exercise  the  duties  of  it.'"  But  Mr.  Dundas's  health  had  been 
failing  for  some  time,  and  he  had  every  reason  to  welcome 
a  means  of  escape  from  tlie  constant  worry  and  annoyance  of 
public  life. 

Having  been  advised  on  account  of  his  health  to  pass  tlie 
winter  out  of  England,  Chief  Baron  Dundas  in  1804  and  1805 
spent  six  months  in  cruising  with  the  fleet  at  sea,  and  in  visits 
to  Lisbon  and  Madeira.  In  his  journey  from  Mamhead,  where 
lie  had  been  residing,  he  was  accompanied  by  Mrs.  Dundas  and 
their  niece  Eliza  Drunmiond  ^  as  far  as  Plymouth,  where  he 
embarked  on  board  the  "  Illustrious,"  74,  Captain  Sir  Charles 
Hamilton. 

On  the  22d  of  November  the  "  Illustrious "  weighed 
and  stood  out  to  sea  followed  by  the  "  Glory,'"  98,  and 
the  sloop  "  Rosario.''  Sir  Charles  was  ordered  to  put  his 
passenger  on  board  the  "  Naiad,'"*  36,  cruising  oft'  Brest, 
which  was  to  carry  him  to  Madeira.  In  standing  in  towards 
Brest,  the  '"Defiance,"  74,  Captain  Durham^  passed  the 
"  Illustrious  "  within  hail.  A  heavy  gale  from  the  north-east, 
however,  prevented  the  "Illustrious""  joining  the  "Naiad" 
oft*  Brest,  and  after  battling  against  it  for  three  days  Sir 
Charles  agreed  at  the  Chief  Baron's  request  to  bear  away  for 
Ferrol,  oft*  which  they  arrived  on  the  4th  of  December.  Admiral 
Cochrane's  fleet  was  lying  off  Ferrol,  and  the  Admiral  agreed 
to  send  the  Chief  Baron  to  Madeira  in  "  I'Egyptienne,"  ('aptain 
Fleming,^  who  was  to  sail  next  day  on  a  cruise.  On  the  first 
few  days  of  the  cruise,  a  variety  of  strange  sails  were  sighted 
and  chased  by  "  I'Egyptienne,"  but  all  of  them  on  being  over- 
hauled proved  to   be  merchantmen   under  neutral  flags.     On 

^  Afterwards  married  to  John  Portal,  Esq.  of  Laverstoke,  Hants. 

'^  Subsequently  Admiral  Sir  Philip  Durham. 

^  Subsequently  Admiral  The  Hon.  Charles  Elphinstone  Fleming. 


1805.]  A  SEA  VOYAGE.  255 

the  13tli  of  DetTinhcT,  the  wiiul  beiiifi;  favounible  for  Lisbon, 
C  aptnin  Fleininjr,  much  to  the  Chief  IJaroir.s  delight,  agreed  to 
run  in  for  a  few  days.  Their  patience  wa«,  however,  severely 
tried  hy  the  dehiys  caused  by  the  formalities  attencb'nj^  the 
admission  of  the  shi])  to  pratitjue,  by  which  nearly  a  week  hml 
to  be  ptussed  at  tlie  anchorage  of  Paco  d'^Arcos,  and  it  was  not 
until  the  i22d  of  l)ecend)er  that  the  Chief  Baron  and  Captain 
Flemintj^  hmded  at  Lisbon. 

The  frigate  remained  at  Lisbon  until  the  Slst  of  December. 
The  Chief  Baron  jwissed  the  time  in  visiting  the  objects  of  in- 
terest in  the  city  and  its  neigld)()urh()0{l.  At  daylight  on  New 
YearV  Day  1805,  "  TEgyptiemie "'''  weighed  and  dropped  down 
the  Tagus,  accom])anied  by  a  fleet  of  merchantnien,  and  again 
put  to  sea.  After  about  a  week's  nm,  the  anchor  was  dr()p|)ed, 
on  a  lovely  evening,  in  Funchal  Bay,  and  on  the  next  morning, 
the  7th  of  January,  tlie  Chief  Baron  left  the  "  Kgyptienne''  and 
landed  at  Funchal  under  a  salute  of  thirteen  guns.  His  cousin 
Sir  James  Suttie  and  Lady  Suttie  were  passing  the  winter  at 
Madeira,  and  near  them  a  small  house  standing  in  a  beautiful 
garden  was  taken  for  the  Chief  Baron.  It  connnanded  an  exten- 
sive view  of  the  town,  the  sea,  the  Desertas,  and  the  mountains 
behind  Funchal.  The  Chief  Baron  remained  at  Madeira  from 
the  7tli  of  January  to  tlie  12th  of  Marcli  1805,  and  during  that 
time  suffered  much  from  an  attack  of  fever.  He  was  fortunate 
in  finding  himself  near  liis  cousins  the  Sutties,  from  whom  he 
received  the  kindest  attention.  Not  having  derived  the  exj)ected 
benefit  from  his  residence  at  Madeira,  he  became  impatient  to 
return  home,  and  looked  anxiously  for  (>aptain  Fleming\s 
return  from  his  cruise.  At  hist  he  was  made  happy  by  the 
arrival  of  Captain  Fleming  and  his  frigate  on  the  9th  of  March. 
Next  day  his  journal  records :  "  A  sijuadron  of  large  ships  seen 
off  the  south  end  of  the  Desertas,  and  being  suspected  to  be 
French,  the  Indiamen  and  frigates  formed  in  line  across  the  bay, 
a  beautiful  sight,  the  day  being  fine  and  calm.  At  noon,  a 
breeze  springing  up,  the  distiint  ships  ap})roached,  and  by 
signals  were  ascertained  to  be  English.  At  night,  the 
AchniraFs  ship  burned  blue  lights  as  signals  to  tlie  other 
shi})s,  which  from  our  windows  had  a  fine  effect."" 

^•^  March  11. — The  bay  filled  with  the  s(|uadron  and  India- 
men,  a  beautiful  morning,  and  a  splendid  sight.     The  s(|uadron 


256  ARNISTON  MEMOIRS.  [1805. 

consisted  of  tlie  'Northumberland,'  74,  flagship  of  Admiral 
Cochrane, '  Atlas,'  74, '  St.  George,'  98,  '  Spartiate,'  74,  '  Eagle,' 
74,  '  Veteran,'  64,  and  was  bound  to  the  West  Indies  in  pursuit 
of  the  Rochefort  squadron.  There  were  also  five  Indiamen 
under  convoy  of  the  '  Mediator,'  44.  After  breakfast.  Captain 
Fleming,  Sir  James  Suttie,  and  I  went  on  board  the  '  Northum- 
berland.' The  Admiral  ordered  the  'Egyptienne'  to  follow 
him  to  the  Canaries,  and  thence  to  go  to  England.  In  the 
evening  the  fleet  sailed  for  the  Canaries. 

'''March  \% — Went  down  to  the  Loo  to  embark,  but  mid- 
day before  we  got  off.  Blowing  hard,  the  '  Egyptienne '  had 
dragged  her  anchors,  and  knocked  away  the  bowsprit  of  the 
'Ruckers,'  Indiaman,  and  was  in  danger  of  drifting  on  the 
Brazen  Head.  She  filled  in  time  and  got  clear,  then  tacking 
back,  took  us  on  board,  after  having  had  a  most  dangerous 
trip  of  it  in  the  boat.  Made  sail,  and  at  dusk  were  off  the 
south  end  of  the  Desertas. 

"  March  13. — Calm.     Standing  in  all  day  towards  Funchal. 

"  March  14. — Standing  in  towards  the  Cruz  with  a  fine  view 
of  Funchal  and  of  the  island.  Sent  a  boat  on  shore  for  Sir 
James,  Mr.  Pringle,  and  the  servants.  They  dined  on  board, 
and  agreed  that  I  should  go  on  with  Captain  Fleming  to  the 
Canaries,  and  then  return ;  by  whicli  time  he  and  Lady  Suttie 
would  go  with  us  to  England.  Got  the  stock  on  board,  and, 
after  parting  with  our  friends,  stood  out  to  sea. 

'"'March  16. — A  hurricane  of  wind,  and  a  tremendous  sea; 
it  broke  in  at  the  quarter  gallery  window,  and  floated  the 
cabin. 

"March  17. — In  the  channel  between  the  islands  ;  all  around 
still  cloudy  and  stormy.  About  noon,  the  clouds  clearing 
away  a  little,  the  top  of  the  Peak  made  its  appearance.  It 
was  long  ere  I  observed  it,  never  looking  high  enough  in  the 
air  for  this  stupendous  summit,  which  far  exceeded  anything 
my  imagination  had  figured.  It  had  the  appearance  of  a 
snowy  island  up  in  the  heavens,  unconnected  with  either  land 
or  ocean.  Stood  in  all  day,  and  by  evening  were  within  six 
miles  of  the  land." 

After  a  few  days  at  the  Canaries,  "  I'Egyptienne "  made 
sail  for  Madeira.  After  a  week  passed  in  Funchal  Bay,  on 
the  7th  of  April  Sir  James  and  Lady  Suttie  came  on  board,  and 


1805]  A  SEA  VOYAGE.  257 

after  a  farewell  to  the  hospibihle  friends  who  hml  accompanied 
them  on  Inwird,  the  frigate  stocnl  out  to  sea.  A  couple  of  days 
later  the  Chief  Baron  and  the  Sutties  had  the  sight  of  a  man- 
of-war  cleared  for  tu-tion.  On  the  9th  of  A})ril  three  sails  were 
seen  by  the  light  of  the  moon  hearing  down  uj)on  them.  On 
l)oard  the  "  Egyptienne  "^  the  men  were  at  (piarters,  the  guns 
loaded,  and  the  lights  uncovered,  the  most  impressive  sight, 
the  Chief  Baron  remarks,  he  hml  ever  witnessetl.  'I'he  strange 
sail,  however,  pmved  to  be  English  letters  of  manpie.  After 
a  run  of  alwut  six  days  from  Funchal,  the  "Egyptienne""* 
ancliored  in  Delgmlo  Bay,  about  (hisk  on  the  18th  of  April. 
During  a  two  days"  visit  to  the  Azores  the  party  landed  and 
rode  and  drove  over  the  beautiful  island.  The  Chief  Baron 
also  consented  to  declare  a  young  cou})le  man  and  wife  ticcord- 
ing  to  the  law  of  Scotland  on  board  the  frigate.  They  had 
been  betrothed  four  years,  but  had  never  had  a  chance  of  l)eing 
married  by  a  clergyman,  and  were  too  happy  at  a  termination 
being  put  to  the  delay.  The  "  Egyptienne ""  left  Delgado  Bay 
on  the  21st  of  April,  and  after  a  ptissage  of  fourteen  days,  on 
one  of  which  the  frigate  ran  251  miles  in  twenty-four  hours, 
cast  anchor  off*  Weymouth. 

On  the  3d  of  May  the  voyage  came  to  an  end,  and  after 
bidding  farewell  to  the  officers,  the  Chief  Baron,  Sir  James  and 
Lady  Suttie  landed  in  the  barge,  the  crew  manning  the  yards, 
and  giving  them  three  cheers  as  they  left.  Next  day,  after 
a  six  months"  absence,  the  Chief  Baron  rejoined  his  family  at 
Mamhead  Cottage. 

Among  the  Arniston  papers  there  are  numerous  journals 
and  memoranda  connected  with  the  trips  taken  by  the  Chief 
Baron  and  his  family.  The  following  account  of  a  journey 
from  Arniston  to  England  is  from  the  pen  of  the  late  Mr. 
William  Pitt  Dundas  :— 

"Subsequent  to  my  father"s  return  from  Madeira  and 
taking  up  his  residence  in  Scotland,  the  chief  incidents  which 
I  remember  are  the  almost  annual  journeys  which  he  took 
between  Arniston  and  some  English  watering-place,  generally 
Bath.  Their  usual  fashion  was  on  this  wise.  He  started  in 
an  huge  yellow  coach  after  the  fashion  of  the  day,  drawn  by 


258  ARNISTON  MEMOIRS.  [1806. 

four  very  good  horses,  with  a  fifth  by  way  of  outrigger,  with 
another  servant.  I  well  remember  one  of  these  journeys  in 
which  I  accompanied  him,  along  with  your  father  and  Ann,  of 
wliich  one  incident  was  that  as  the  present  Gala  Water  Road 
was  in  process  of  construction,  we  left  the  carriage  at  Bank- 
house,  and  walked  down  to  inspect  the  works,  followed  by  Caro 
the  poodle  and  Moidy  the  terrier.  The  latter  not  liking  the 
aspect  of  aflfairs,  as  soon  as  he  reached  the  workmen,  turned  his 
face  towards  Amiston,  and  never  stopped  till  he  reached  it. 
Sir  Walter  Scotfs  Waverley  had  just  appeared,  and  my  father 
was  reading  it.  I  quite  recollect  that  he  stopped,  and  giving 
a  great  sliout,  exclaimed,  '  This  is  Walter  Scott !  "*  the  passage 
whicli  had  so  attracted  him  being  the  arrival  of  the  English- 
man at  the  Baron  of  Bradwardine's,  and  his  surprising  the 
maids  in  '  the  boukit  washing,'  and  their  exclamation  of  '  Hech, 
sir."*  Farther  on,  in  the  same  journey,  my  father  paid  a  visit 
at  Welbeck,  where,  for  the  first  time,  I  saw  the  celebrated 
Greendale  Oak,  from  the  acorns  of  which  so  many  descendants 
are  now  flourishing  in  the  Arniston  woods.  Another  visit  we 
paid,  not  to  Lord  Lyttelton,  but  to  the  grounds  of  Hagley, 
for  which  my  father  had  a  great  admiration.  Lord  L.  was 
from  home,  but  we  saw  everything ;  and  it  was  from  a  bridge 
in  the  park  that  he  took  the  idea  of  Horace's  Bridge  and  the 
Inscription.  The  two  were  not  identical,  but  the  idea  was 
supplied  at  Hagley. 

"About  1806-7,  being  at  Mamhead  (previous  to  what  I 
have  described  above),  I  recollect  a  visit  my  father  received 
from  the  Princess  of  Wales.  The  only  lady  that  I  remember 
accompanying  her  was  Lady  Hester  Stanhope.  I  was  five  or 
six  years  old,  and  extremely  disgusted  at  being  brought  in 
from  my  outdoor  play,  and  dressed  in  my  best  clothes  for  the 
occasion,  and  I  believe  I  behaved  very  ill,  but  the  moment 
Lady  Hester  heard  my  name  she  took  me  on  her  knee,  and 
for  the  visit  we  were  great  friends.  She  was  in  mourning  for 
Mr.  Pitt." 

The  Princess  of  Wales  to  Chief  Baron  Dundas. 

The  Princess  of  Wales  has,  since  she  had  the  pleasure  of  seeing 
the  Chief  Baron  at  her  house,  been  informed  that  all  the  worthy 
and  true  Pittites  intend  to  have  every  Wednesday,  in  commemora- 


i8o6.]         IMPKACHMKNT  OF  LORD  MKLVILLE.  259 

tion  of  tlu'ir  iinniortal  friend, a  social  diniur.  The  Princess  thinks 
that  perhaps  she  might  intrude  iiymn  the  Chief  Haron  in  asking 
him  and  his  friends  to  come  on  that  day  to  Blackheath  ;  tho'  the 
Princess  is  proud  to  name  herself  a  I'ittite  and  sorry  for  not  being 
a  Scotchwoman,  for  main/  reasons  (which  the  Chief  I^aron  may 
easily  guess),  she  would  never  forgive  herself  to  deprive  any  of 
these  true  disciples  from  enjoying  the  recollection  of  their  departed 
friend.  As  the  Princess  does  not  dare  to  preside  at  such  a  meet- 
ing, she  can  only  offer  her  best  wishes  to  the  whole  society,  and 
that  the  Pittites  may  reign  for  ever  and  ever,  and  that  their  toast 
may  be  drunk  with  success  to  a  certain  Illustrious  Personage. 

A  gitiueajbr  ever. 
A  crown  for  never. 

The  Princess  will  be  very  happy  to  receive  the  Chief  Baron 
and  Mrs.  Dundas,  if  she  is  arrived,  on  Sunday  the  19th  to  dinner. 
She  will  try  to  summon  some  more  of  the  Scotch  friends  of  the 
Chief  Baron  to  meet  him  on  that  day.  The  Princess  flatters  her- 
self that  the  Chief  Baron  can  never  doubt  of  the  high  regard 
with  which  she  remains  for  ever,  C.  P. 

Blackheath,  April  ii,  1807. 

My  narrative  has  here  anticipated  two  important  events, 
the  death  of  Mr.  Pitt  and  the  impeachment  of  Lord  Melville. 
In  1802  Mr.  Henry  Dundas  liad  been  raised  to  tlie  peerage  as 
Viscount  Melville  and  Baron  Dunira ;  and,  on  the  formation  of 
Mr.  Pittas  second  Administration  in  1804  he  had  been  aj)pointed 
First  Lord  of  the  Admiralty. 

Lord  Melville  was  workinoj  hard  at  the  Admiralty  when  his 
official  career  was  suddenly  brought  to  a  close.  Tiie  Tenth 
Report  of  a  Commission  which  had  been  appointed  to  inquire 
into  certain  frauds  and  abuses,  which  were  said  to  exist  in  the 
management  of  the  affairs  of  the  Navy,  was  published  in 
February  1805.  It  contained  grave  charges  against  Lord 
Melville,  and  afforded  the  Opposition  an  opportunity  of  accus- 
ing him  of  having  l)een  guilty  of  malversation  in  the  office  of 
Treasurer  of  the  Navy,  which  be  had  held  for  some  time  sub- 
sequent to  the  year  1782.  Nor  were  I^rd  Melville's  opponents 
to  be  found  only  in  the  ranks  of  the  Opposition.  He  liad  con- 
tributed materially  to  the  downfall  of  the  Addington  Ministry  ; 
and  Lord  Sidmouth — by  whicli  title  Mr.  Addington  wjis  now 


2(i0  ARNISTON  MEMOIRS.  [1806. 

known — was  thirsting  for  revenge.  Mr.  Pitt  stood  firmly  by 
Lord  Melville.  But  he  was  unable  to  command  a  majority 
against  Mr.  Whitbread,  who  moved  a  series  of  resolutions  in 
which  Lord  Melville  was  accused  of  a  gross  violation  of  the 
law  and  a  high  breach  of  duty.  The  division  took  place  on 
the  8th  of  April,  when  216  voted  on  each  side.  The  speaker 
gave  his  casting  vote  in  favour  of  Mr.  Whitbread's  motion. 
Lord  Melville  at  once  resigned  office.  His  name  was  removed 
from  the  list  of  Privy  Councillors.  But  enough  had  not  been 
done  to  satisfy  the  Opposition.  After  several  debates  in  Parlia- 
ment, during  which  various  modes  of  procedure  were  discussed, 
it  was  resolved  that  Lord  Melville  should  be  impeached,  before 
the  House  of  Lords,  of  high  crimes  and  misdemeanours. 

The  trial  did  not  take  place  until  April  1806 ;  and  before 
that  time  Mr.  Pitt  was  dead.  His  constitution,  long  enfeebled 
by  gout,  had  given  way  under  the  enormous  burden  of  his 
public  responsibilities ;  and  there  can  be  little  doubt  that  the 
mortification  which  he  felt  at  the  charges  against  Lord  Melville 
had  helped  to  injure  him.  "I  have  ever  thought,'"  says  Lord 
Fitzharris,  "  that  an  aiding  cause  in  Pitt's  death,  certainly  one 
that  tended  to  shorten  his  existence,  was  the  result  of  the  pro- 
ceedings against  his  old  friend  and  colleague  Lord  Melville.'"' 
He  died  on  the  23d  of  January  1806. 

The  trial  of  Lord  Melville  began  on  the  29th  of  April,  and 
ended  on  the  12th  of  June,  when  he  was  acquitted  on  all  the 
articles  of  impeachment.  This  is  not  the  time  to  narrate,  or 
examine  in  detail,  the  charges  against  Lord  Melville ;  but  the 
almost  universal  opinion  of  his  contemporaries,  even  of  those 
who  bore  him  no  goodwill,  was  that  he  was  personally  innocent 
of  anything  in  the  shape  of  peculation. 

In  the  Amiston  collection  are  a  number  of  letters  congratu- 
lating the  Chief  Baron  upon  Lord  Melville's  acquittal.  There 
can  be  no  doubt  that  apart  from  the  importance  of  the  acquittal 
as  the  defeat  of  a  party  attack  upon  Mr.  Pitt's  government, 
the  failure  of  the  impeachment  gave  general  pleasure  in  Scot- 
land, where  Lord  Melville  was  popular,  not  only  on  personal 
grounds,  but  from  the  way  in  which  his  paramount  influence 
had  been  exercised  on  behalf  of  his  countrymen.  A  political 
opponent.  Lord  Minto,  has  remarked  there  was  scarcely  a 
family  in  Scotland  which  had  not  been  under  obligations  to 


i8o6.]  LOUD  MELVILLF/S  ACQUIT! AL.  2()1 

liini.  "  Oh,  Pitt  r  writes  Mr.  Dalljis  from  Dawlish,  "  had  you 
lived,  how  you  wouhl  have  enjoyed  this  triumph  !  J^ut  all  is 
for  the  best.  It  can  no  longer  be  wiid  that  Pitt's  influence, 
and  the  power  of  his  Ministry,  deprived  public  justice  of  its 
victim.**' 

Chief  Baron  Dundas  to  his  Wife. 

Edinburgh,  xdjutu  1806. 
Mv  DEAR  Elizabeth, — It  would  do  your  heart  ^ood  to  have 
witnessed  what  I  have  done  yesterday  and  to-day,  the  universal 
joy  of  all  persons  here  on  your  father's  acquittal.  I  really  could 
hardly  get  along  the  streets,  heing  stopped  by  every  person  I  met. 
Whether  they  will  illuminate  or  not  is  uncertain,  as  the  magis- 
trates have  recommended  to  the  inhabitants  not  to  do  so,  and  I 
think,  for  the  reason  stated,  most  rightly.  But  I  suspect  the 
people  will  not  acquiesce  in  the  prohibition.  I  shall  not  close 
this  till  to-morrow  morning.  To-day  I  dined  at  home  for  the  first 
time  this  fortnight.  Yesterday  I  dined  at  Fortune's  with  twenty- 
one  gentlemen,  and  you  will  see  in  the  Edinburgh  papers  an 
advertisement  for  Friday  night,  which  I  believe  will  be  more 
generally  attended  than  any  meeting  of  the  kind  ever  was.  Our 
varlets  are  at  present  hanging  Mr,  Whitbread  in  effigy  in  Mr. 
Blair's  back  court,  with  a  half  dozen  companions,  and  a  bonfire 
blazing,  to  their  inexpressible  delight.  At  the  High  School  to- 
day, the  play  was  given  for  the  afternoon  on  this  account,  to  the 
universal  joy  of  the  youth  of  the  city.  At  Leith  the  seamen  are  em- 
ployed as  our  boys  are,  with  the  addition,  I  understand,  of  a  porter 
cask,  in  which  the  effigy  of  the  porter  brewer  is  to  be  consumed. 

Edinburgh,  id  June  1806. 

An  engagement  Jiaving  gone  off  by  accident,  I  dined  to-day  at 
home  with  the  varlets  and  Anne,^  Mrs.  Hamilton  2  being  gone 
to  Luffness,  whence  she  returns  to-morrow.  I  have  therefore  the 
evening  of  a  day  as  cold  as  Christmas  to  myself,  and  employ  it  in 
writing  to  you. 

I  went  to-day  to  the  last  meeting  of  the  committee  and  stewards 
at  Fortune's ;  490  names  stood  then  on  the  list,  and  I  fear  more 
may  be  expected  this  evening  and  to-morrow  forenoon.  By  every 
exertion  550  can  be  accommodated,  but  it  will  require  sitting 
close.     1  should  be  vexed  if  any  dissatisfaction  arose  from  people 

*  His  eldest  daughter,  wife  of  Mr.  John  Borthwick  of  Crookston. 
2  His  sister,  wife  of  Colonel  Hamilton  of  Pencaitland. 


262  ARNISTON  MEMOIRS.  [1806. 

being  obliged  to  go  away  for  want  of  room.  To-day  has  produced 
a  great  number  of  the  most  respectable  gentlemen  from  the 
country,  who  come  on  purpose — Wemyss,  Oswald,  Stirling  of  Keir, 
Houston,  etc.,  and  numbers  of  the  like  sort.  It  will  be  a  proud 
day  for  your  father.  Such  a  meeting  as  never  on  any  occasion 
existed  before,  assembling  on  purpose  to  celebrate  his  acquittal. 
We  are  to  have  fireworks  in  the  evening  at  half-past  ten  in  St. 
Andrew  Square,  and  I  suspect  that  many  will  again  illuminate. 
The  provost  has  ordered  all  the  bells  to  ring  in  the  evening,  bells  not 
being  within  the  letter  of  "  His  Majesh/s  Solicitor-General  for  Scot- 
land in  absence  of  the  Lord  Advocate's  "  ^  Proclamation.  The  Writers 
to  the  Signet  addressed  on  Tuesday,  after  a  battle,  in  which,  after 
every  exertion  of  the  new  Ministers,  the  division  was  122  to  38, 
and,  of  course,  all  holding  offices  during  pleasure  were  not  present. 

The  Earl  of  Hopetoun  to  Chief  Baron  Dundas. 

HOPETOUN  House,  i^hjuiie,  Saturday,  1806. 
My  dear  Lord, — Yesterday  the  Justice-Clerk  showed  me  your 
very  agreeable  information  of  Wednesday,  and  delivered  your  kind 
message  of  your  intention  to  pay  us  a  visit  here  soon — which  I  am 
obliged  to  request  your  Lordship  to  delay  till  the  end  of  your 
ensuing  term,  as  next  week  is  our  sacrament  week  here,  and 
the  week  following  we  have  promised  my  brother  John  to  go  to 
Rankeillor.  By  this  time  I  trust  Lord  Melville  has  been  most  fully 
and  honourably  acquitted,  to  the  joy  of  his  friends,  which  all 
honest  men  are,  and  to  the  shame  and  confusion  of  his  perse- 
cutors, and  that  we  shall  again  have  ground  of  rejoicing  in  his 
perfect  health  and  comfort  restored. — My  dear  Lord,  yours  faith- 
fully, etc.,  Johnstone  Hopetoun. 

The  Comte  de  Vaudreuil  to  Chief  Baron  Dundas. 

MoN  CHER  Milord, — Je  n'ai  jamais  doute  de  I'heureuse  issue 
qu'aurait  I'affaire  de  Lord  Melville ; — la  voila  terminee,  avec  une 
si  grande  majorite  en  sa  faveur  que  le  jugement  pent  ^tre  regarde 


^  "His  Majesty's  Solicitor-General  for  Scotland,  in  absence  of  the  Lord 
Advocate."  The  allusion  is  to  the  spiteful  conduct  of  Mr.  John  Clerk,  the  Solicitor- 
General,  who  took  upon  himself,  "  in  the  absence  of  the  Lord  Advocate  "  Erskine, 
to  write  to  the  provost  and  magistrates  of  the  city,  warning  them  of  the  conse- 
quences which  might  arise  in  the  event  of  a  riot  on  the  occasion  of  the  illumina- 
tion, with  which  it  was  proposed  to  celebrate  the  acquittal.  The  magistrates 
allowed  themselves  to  be  bullied,  and  recommended  the  citizens  to  abstain  from 
the  illumination.  Mr.  Clerk's  letter  to  the  magistrates  is  printed  at  length  in  the 
Court  of  Session  Garland^  Edinburgh,  187 1. 


i8o6.]  LOUD  MELVILLE'S  ACQUIITAL.  2C.S 

coinme  im  triomplu*  coniplet.  Je  mVmpresse  i\v  vous  fii  fuire 
men  bieii  siDci^re  coniplinient  et  ii  Madame  Duiidas  en  iiion  iioin 
et  en  celui  de  Madame  Vaudreuil.  J'esp^re,  mon  cher  milord,  que 
vous  6tes  bien  sur  de  tout  notre  int6rC*t  pour  ce  qui  vous  touche  de 
pr^s  ou  de  loin.  Les  marques  d'nmitie  que  nous  avons  eprouvees 
de  votre  part,  et  de  celle  de  Madame  Duiidas,  vous  out  acquis  A 
jamais  des  droits  A  notre  reconnaissance,  et  A  notre  tendre  attache- 
ment.  Agreez  que  je  vous  en  renouvelle  I'liommage  et  celui  de 
ia  haute  consideration  avec  laquelle  j'ai  I'honneur  d'etre, — Votre 
tres-humble  et  tres-obeissant  serviteur, 

Lk  C'-  de  Vaudreuil.' 
L€  i^/uin  1806, 
No.  23  Brvanston  Street,  London. 

Mr.  George  Abercromby  to  Chief  Baron  Dundas. 

My  dear  Lord, — Most  sincerely  do  I  participate  with  you  in 
the  joyful  intelligence  of  Lord  Melville's  acquittal,  an  event  not 
only  important  to  himself  and  to  his  friends,  but  to  every  man 
who  is  capable  of  feeling  for  the  character  and  reputation  of  his 
country.  The  feelings  of  the  country  will  not  and  ought  not  to 
be  suppressed  on  such  an  occasion.  Our  enemies  have  been  abun- 
dantly triumphant  for  these  fifteen  months.  Let  them  now  feel 
that  their  victory  is  turned  into  a  defeat,  and  that  it  is  now  less  a 
reproach  to  have  been  convicted  with  Lord  Melville  than  with 
Mr.  Fox. 

On  receiving  the  account  last  night  I  formed  the  resolution  of 
riding  into  Edinburgh  this  forenoon  to  see  the  fun,  but  on 
receiving  your  letter,  and  one  from  Boyle,  I  will  delay  it  until  the 
day  fixed  for  the  public  fete.  If  you  are  to  be  at  Amiston  on 
Sunday  I  will  join  you  there. — Yours  most  sincerely, 

George  Abercromby.^ 

General  John  Scott  of  Balcomie  married  Margaret,  daughter 
of  the  second  President  Dundas,by  whom  he  had  three  daughters.^ 
The  eldest,  married  to  Ix)rd  Titchfield,*  inherited  General  Scott'* 

*  The  Comte  de  Vaudreuil,  along  with  the  Due  de  Grammont  and  others, 
accompanied  the  Bourbons  into  exile  at  the  Revolution.  During  his  residence  in 
Scotland  the  Comte  de  Vaudreuil  was  much  at  Amiston. 

'  George  Abercromby,  afterwards  the  second  Lord  Abercromby,  eldest  son  of 
Sir  Ralph  Abercromby,  and  Mary,  daughter  of  John  Menzies,  Esq.  of  Fern- 
tower.     He  married  the  youngest  daughter  of  Lord  Melville. 

*  Supra,  p.  188,  note. 

•*  Lord  Tiichfield,  subsequently  fourth  Duke  of  Portland,  born  1768,  died  1854. 


264  ARNISTON  MEMOIRS.  [1806. 

large  fortune,  the  two  younger  sisters,  Lady  Moray  and  Mrs. 
Canning,  receiving  each  ^100,000  as  their  portion.  In  the 
<:ase  of  Mr.  Canning,  his  wife'*s  fortune  was  of  invaluable  service 
in  meeting  the  expenses  of  a  political  career.  Lord  Titchfield 
and  the  Chief  Baron  were  Mrs.  Canning's  marriage  trustees, 
and  between  the  years  1801  and  1810  a  variety  of  letters  upon 
Mr.  and  Mrs.  Canning''s  private  affairs  are  in  the  collection  at 
Amiston.  At  that  time  Mr.  Canning  seems  to  have  been 
upon  terms  of  intimacy  with  his  wife's  relations,  which  con- 
tinued down  to  the  unhappy  schism  of  1828. 

Among  the  letters  at  Arniston  is  one  from  Mr.  Canning  to 
the  Chief  Baron,  wliich,  althougli  primarily  upon  his  private 
affairs,  at  the  same  time  shows  the  feeling  of  insecurity  pre- 
vailing, in  their  circle,  as  to  the  course  which  miglit  be  followed 
by  the  new  Ministry  : — 

Mr.  Canning  to  Chief  Baron  Dundas. 

Somerset  House,  Feb.  26,  1806. 

My  dear  Lord, — You  may  depend  upon  it  that  no  use  will  be 
made  of  the  powers  which  you  have  signed,  but  such  as  is  strictly 
conformable  to  the  purposes  of  the  trust  for  which  you  are  respon- 
sible. Very  probably  they  may  not  be  used  at  all.  The  alarms 
(which  had  reached  us  some  time  before  it  became  public)  of  an 
intention  on  the  part  of  the  new  Government  ^  to  appropriate  a 
part  of  the  Sinking  Fund  to  the  supplies  of  the  year,  induced  us 
to  wish  to  have  it  in  our  power  to  escape  from  the  ruin  which 
such  a  measure  would  bring  upon  all  funded  property,  but  that 
for  the  present  at  least  is  past  by. 

Many  thanks,  my  dear  Lord,  for  your  kind  expressions,  which 
be  assured  I  feel  as  I  ought  to  do.  It  is  indeed  a  comfort  and 
consolation  to  me  (and  the  only  one  which  such  a  loss  admits  2) 
to  reflect  that  I  have  at  least  endeavoured,  on  all  occasions,  to 
discharge  faithfully  the  duty  which  I  owed  him  both  as  a  public 
and  as  a  private  friend.  That  the  loss  is,  in  both  views,  irreparable, 
no  man  can  feel  more  painfully  than  I  do.  Yet  even  amidst  my 
own  keen  regrets  I  cannot  help  turning  aside  now  and  then  to 
compassionate  what  must  be,  under  all  the  complicated  mis- 
fortunes to  which  this  last  and  heaviest  has  been  added,  the 
sufferings  of  poor  Lord  Melville. 

1  All  the  Talents. 

-  Mr.  Canning's  allusion  is  to  the  death  of  Mr.  Pitt. 


i8o9.]        THE  CASTLKKKAGH-CANNING  DUEL.  265 

.loan  (Mrs.  Canning)  lift   town  last  week.      I   quit  my  quarters 

here  on  Friday,  and  shall  then  ^o  to ^  for  a  (hiy  or  two,  but 

nuist  return  a^ain  to  attend  the  House  of  Commons. 

Our  best  wishes  ever  attend  you  and  yours,  and  I  am  ever,  my 
dear  Lord,  most  sincerely  and  faithfully  yours,       CJko.  Cannino. 

In  Septenil)er  1809  the  Portland  -  Ministry  came  to  an  end  ; 
and  on  the  22d  of  Septenil)er,  Mr.  Canninf;  and  Lord  Castle- 
reapjh,  having  resi<rned  their  offices  a  few  days  j)reviously, 
brought  their  long  differences  to  a  head  by  fighting  a  duel. 
l^rd  Castlereiigh  believed  that  Mr.  Canning  had  intrigued  for 
his  removal  from  the  ministry  on  the  score  of  incomj)etence. 
This  on  the  part  of  a  brother  Cabinet  Minister  he  resented  Jisa 
j)ersonal  insult,  and  accordingly  sent  a  challenge  to  Mr.  Canning, 
by  whom  it  was  accepted.  They  met,  and  at  the  second 
discharge  Mr.  Canning  received  his  adversary's  bullet  in  his  left 
thigh,  when  the  affair  terminated. 

Five  days  later  Mrs.  Canning  wrote  to  her  uncle  the  Chief 
Baron,  expressing  her  feelings  u))on  what  had  passed  between 
her  husband  and  Lord  Castlereagh  : — 

Mrs.  Canning  to  Chief  Baron  Dundas. 

Gloucester  Lodge,  IVedtiesday,  April  27. 

I  am  really  quite  concerned  at  not  having  been  able  to  write 
to  you  sooner,  as  I'm  sure  you  will  be  anxious  to  hear  how  Mr.  C. 
is  going  on.  The  truth  is  that  what  with  anxiety  of  mind,  and 
the  number  of  people  I  had  to  see  and  to  write  to  in  order  to  save 
him  from  fatigue  as  much  as  possible,  I  really  had  not  for  the  first 
few  days  after  my  arrival  here  a  moment  to  recollect  myself.  He 
is  now  (thank  God)  so  well  that  all  my  anxiety  as  to  the  result  is  at 
an  end,  and  I  have  assurance  that  in  ten  days  more  he  will  be  well. 

That  such  an  event  was  as  little  to  be  expected  by  Mr.  C.  as 
by  any  one  else,  the  statement  which  I  inclose  is  sufficient  proof; 
as  likewise  that  he  could  not  act  otherwise  than  as  he  did.  I 
must  forbear  making  any  comment  on  the  conduct  of  his  adversary, 
as  I  cannot  help  feeling  unchristian  like  on  the  subject ;  but  when 
to  the  inclosed  statement  of  facts  I  add  that  Lord  C.  was  perfectly 

1  Illegible. 

-  The  Prime  Minister,  the  third  Duke  of  Portland,  only  survived  the  termina- 
tion of  his  official  career  by  a  few  days.  He  died  on  October  30,  1809.  He 
was  succeeded  by  his  son  the  fourth  Duke,  husband  of  Miss  Scott,  and  co-trustee 
with  the  Chief  Baron  under  Mr.  and  Mrs.  Canning's  marriage  settlements. 


266  ARNISTON  MEMOIRS.  [1810. 

informed  of  all  that  is  there  mentioned,  and  even  more,  if  not 
before  he  sent  his  letter,  at  least  certainly  before  he  went  out  to 
fight,  and  that  knowing  himself  therefore  to  be  so  perfectly  in  the 
wrong,  and  knowing  himself  likewise  to  be  the  best  shot  in  the 
country,  he  insisted  upon  twice  aiming  at  the  life  of  the  person 
upon  whom  he  chose  to  exercise  his  revenge — you  will  I  think 
agree  with  me  that  no  terms  are  too  strong  to  express  one's  horror 
of  such  conduct.  Pray  give  my  kindest  love  to  Mrs.  D.,  and  be- 
lieve me  ever  most  affectionately  yours,  J.  Canning. 

Next  year,  1810,  the  Duke  of  Portland  again  writes  to  the 
Chief  Baron  for  his  opinion  respecting  the  investments  which 
Mr.  and  Mrs.  Canning  were  desirous  of  making. 

Duke  of  Portland  to  Chief  Baron  Dundas. 

FULLARTON,  Atlg.   13,  1810. 

...   I  understand  the  case  to  be  this : — 

Huskisson,  ever  since  he  has  been  out  of  office,  has  had  a  very 
bad  opinion  of  the  finances  of  the  country,  and  has  persuaded 
Canning  (who  knows  nothing  about  the  matter)  that  the  report  of 
the  Bullion  Committee  would  lower  the  funds  ten  per  cent.  At 
this  Mr.  and  Mrs.  Canning  have  taken  alarm,  and  the  more,  as 
other  events  (which  I  believe  have  no  connection  with  the  subject 
which  was  before  the  Bullion  Committee)  have  seemed  to  justify 
Huskisson' s  predictions,  and  they  now  have  it  in  contemplation  to 
lay  out  their  money  in  land,  and  in  the  meantime  they  are  anxious 
to  anticipate  the  expected  fall  of  the  stocks. 

By-the-bye,  in  case  a  purchase  of  land  should  be  made,  I  sup- 
pose we  ought  to  have  a  good  professional  opinion,  that  the  money 
is  well  laid  out,  as,  though  I  suppose  we  cannot  be  expected  to 
contrive  that  the  money  should  receive  as  good  interest  from 
landed  security  as  from  the  funds,  we  are  bound  to  use  ordinary 
diligence  and  attention  to  see  that  it  is  not  improvidently  invested. 

We  shall  be  very  happy  to  see  you  and  Mrs.  Dundas  and  the 
General,^  either  the  end  of  this  month  or  the  beginning  of  next. 
I  am  afraid  we  shall  not  be  able  to  lodge  you  as  well  as  we  could 
wish,  but  if  Mrs.  Dundas  will  put  up  with  such  accommodation  as 
this  house,  which  is  a  very  bad  one,  will  afford,  we  shall  be  very 
happy.  I  hope  you  will  find  Lord  Melville  looking  as  well  as 
when  he  was  here  about  ten  days  ago. — Ever,  my  dear  Lord,  yours 
sincerely,  Scott  Portland. 

^  General  Francis  Dundas,  the  Chief  Baron's  brother. 


i8ii.]  DEATH  OF  PUKSIDKNT  BLAIH.  267 

Several  other  letters  upon  the  siiiiie  subject  follow  in  the 
Arniston  collection,  but  they  are  confiiUHl  to  the  le^al  aspect  of 
the  business.  In  one  of  them  Mr.  (  annin«^  fully  explains  to  the 
Chief  Baron  his  wishes  with  regard  to  the  trust  funds.  But 
these  letters  are  of  no  general  interest. 

On  the  21st  of  May  1811  the  citizens  of  Fidinburgh  were 
startled  by  hearing  of  the  sudden  death  of  Robert  Blair  of 
Avontoun,  the  President  of  the  Court  of  Session.  The  previous 
day,  l)eing  a  Monday,  was  a  Court  holiday,  and  the  President 
had  taken,  according  to  his  usual  custom,  a  walk  l)efore 
dinner  round  liruntsHeld  Links.  On  reaching  his  house, 
No.  56  George  Stjuare,^  he  complained  of  feeling  unwell,  and 
almost  innnediately  expired. 

Chief  Baron  Dundas  to  his  Wife. 

Monday  Evening,  20//1  A  fay  18 11. 

Mv  DEAR  Elizabeth, — Returning  home  a  little  after  three  I 
met  Betsey  Robertson  ^  at  my  door,  and  while  we  were  talking  I 
saw  the  President  coming  up  from  his  walk  and  go  into  his  house. 
We  dined  en  famiUe  a  little  after  four,  and  before  I  had  finished 
my  dinner,  John  Wauchope  called  me  out  and  informed  me  my 
most  excellent  and  honourable  friend  had  that  moment  breathed 
his  last.  A  cramp  in  the  stomach,  so  rapid  in  its  progress  that 
ere  medical  aid  could  reach  him,  he  was  no  more. 

Accustomed  as  I  have  been  to  consider  for  a  long  time  my 
own  end  as  not  far  distant,  the  idea  that  he  who  a  few  minutes 
ago  I  saw  in  health  and  vigour  far  superior  to  mine,  is  now  a 
breathless  corpse,  and  thrown  in  a  few  minutes  into  eternity, 
could  not  but  strike  me  with  some  degree  I  had  almost  said  of 
terror.  To  his  family  and  to  Scotland  his  untimely  end  is  an 
irremediable  loss. 

I  have  sent  an  express  to  Dunira,  who  will  be  there  to-morrow 
forenoon,  and  I  think  it  next  to  certain  your  father  will  come  here, 
and  possibly  sleep  here,  W^ednesday  (May  22d)  night.  Of  course  I 
shall  have  his  apartment  ready.  I  have  therefore  sent  the  chaise, 
as  I  think  you  may,  and  I  think  ought,  to  come  to  town  on  Wed- 
nesday.    The  funeral  in  all  probability  will  be  a  public  one,  as 

*  The  Chief  Baron's  house  was  next  door,  No.  57. 

'  Daughter  of  Mr.  David  Roliertson,  owner  of  Loretto,  near  Musselburgh. 
She  is  said  to  have  l)een  a  charming  person,  and  deservedly  popular  in  Edinburgh 
societ}'. 


268  ARNISTON  MEMOIRS.  [1811. 

such  a  man,  so  universally  and  so  justly  and  highly  respected,  will 
not  be  suffered  to  be  for  ever  placed  in  the  grave  without  some 
mark  of  the  regrets  and  the  sorrow  of  his  countrymen.  My 
motions  therefore  for  the  present  are  uncertain.  You  should  now 
I  think  bring  Anne  (her  eldest  daughter)  with  you,  as  it  is  not 
likely  I  shall  accompany  you  back  to  Arniston  the  end  of  this 
week,  or  require  a  place  in  the  chaise. — Affectionately  yours, 

R.   DUNDAS. 

To  this  letter  is  appended  the  following  memorandum  in 
Mrs.  Dundas''s  handwriting  : — 

"■  I  went  to  Edinburgh  and  found  my  father  arrived  there  in 
great  distress  for  his  friend  President  Blair's  death.  I  stayed  in 
Edinburgh  with  the  Chief  Baron  and  him  till  Sunday  (May  25th) 
evening,  when  I  returned  here  (Arniston)  with  my  father.  He 
spent  all  Monday,  26th,  with  me  and  the  children,  and  seemed 
much  gratified  by  riding  about  the  place  all  the  morning,  and 
walking  with  me  in  the  evening.  Next  morning  (Tuesday  27th) 
he  desired  Anne  to  give  him  his  breakfast  early,  previous  to  his 
going  to  Edinburgh.  The  President's  funeral  was  to  be  next  day, 
the  28th.  Contrary  to  my  usual  practice  I  felt  an  irresistible 
desire  to  be  up  in  time  to  see  him  before  his  departure.  I  did  so, 
and  he  flattered  me  with  hopes  of  returning  Thursday  or  Friday. 
He  went  to  Edinburgh,  dined  and  spent  the  evening  with  the 
Chief  Baron,  cheerful  and  well,  went  to  bed,  where  he  was  found 
by  his  servant  lifeless  next  morning,  the  28th.  He  died  almost 
upon  the  birthday  of  his  great  private  and  political  friend  Mr.  Pitt." 

There  is  also  among  the  Arniston  papers  a  brief  note, 
indorsed  in  the  Chief  Baron's  handwriting,  as  written  to  him 
by  Lord  Melville  on  the  day  of  his  death.  It  begins  with  a 
line  from  the  Chief  Baron  : — 

'^  My  dear  Lord, — I  have  not  a  scrap  from  London,  either 
yesterday  or  to-day.     Do  you  dine  at  home  ? — Yours, 

R.   DuNDAS." 

In  reply.  Lord  Melville  wrote  at  the  foot  of  the  page  : — 
"  I  have  not  a  line  from  anybody  ;  you  are  engaged  to  dinner, 
and  I  would  not  wish  you  to  break  your  engagement,  for  this  is 
a  day  on  which  I  have  no  objection  to  dine  alone.  The  circum- 
stance which  occurred  in  January  I8O6  has  a  strong  and  striking 
resemblance  to  what  has  recently  happened.^ — Yours,  M." 

^  The  allusion  is,  of  course,  to  the  death  of  Mr.  Pitt. 


'""-^M^ 


'Jj-' 


i8ii.]  DEATH  OF  LOUD  MELVILLE.  269 

However,  as  Mrs.  DuiuhLs  mentions  in  her  nienioranduni, 
the  Chief  Baron  put  off*  his  diiuier  engagement,  imtl  Lord 
Melville  spent  his  liust  evening  in  his  company.  Above  a 
(juarter  of  a  eentiirv  had  piussed  since  Harry  Dimdas  had 
conelude<l  one  of  his  confidential  letters  to  iiis  brotlier  the 
President  by  retjuesting  that  it  might  be  shown  to  his  nephew 
RolK»rt,  of  whose  good  sense  and  discretion  he  had  formed  a 
high  opinion.  After  the  father's  deatli  the  correspondence  was 
continued  with  the  son.  To  this  long  and  unbroken  friendship 
the  evening  of  tlie  27th  of  May  fonned  a  singularly  appropriate 
ending.  From  I^)rd  Melville's  allusion  to  January  1806,  old 
times  were  on  that  afternocm  uppermost  in  his  mind,  and  they 
doubtless  formed  the  topic  of  conversation  between  him  and  the 
Chief  Baron  on  that  the  last  evening  of  liis  life^a  j)eaceful 
sunset  to  so  long  and  stormy  a  day. 

Thus  died,  in  the  seventieth  year  of  his  age,  Henry  Dundas, 
first  Viscount  Melville.  He  had  been  called  to  the  Bar  of 
Scotland  in  February  1763,  and  no  one  had  ever  put  on  a  wig 
and  gown  in  the  Parliament  House  with  more  brilliant  pro- 
spects of  success.  His  father  had  been  Lord  President ;  and, 
in  1763,  his  elder  brother,  after  filling  the  highest  positions  as 
a  law  officer  of  the  crown,  had  been  for  three  years  at  the  head 
of  the  administration  of  the  law  in  Scotland.  By  nature 
Henry  Dundas  was  endowed  with  qualities  which  fitted  him, 
in  a  singular  degree,  for  turning  these  advantages  to  the  best 
iiccount.  Though  not  a  profound  lawyer,  he  was  sufficiently 
possessed  of  the  legal  capacity  necessary  for  the  career  of  an 
advocate.  Though  never  a  polished  or  eloquent  speaker,  he 
had  an  ample  connnand  of  language,  great  readiness,  and  the 
most  complete  self-confidence.  He  had  a  tall  and  commanding 
figure,  and  a  handsome  face.  His  manners  were  frank  and 
open ;  and  his  social  (jualities  made  him  a  fascinating  com- 
panion in  private  life. 

Dimdas  seems  to  have  come  to  the  Bar  with  no  other 
intention  than  to  practise  in  Scotland,  and,  if  he  could,  rise  in 
his  profession  as  his  ancestors  had  done  before  him.  But  when 
he  had  been  only  three  years  at  the  Bar  he  was  hurried  into 
official  life,  having  been  appointed  Solicitor-General  in  June 
1766,  at  the  age  of  twenty-four;  and  in  1774  he  was  returned 
to    Parliament   as   member   for    Midlothian.      The    Arniston 


270  ARNISTON   AJEMOIRS.  [1811. 

family  had  been  Wliigs  before  and  since  the  Revolution ;  and 
it  was  by  the  Wliig  Ministry  of  Lord  Grenville  that  he  had 
been  appointed  Solicitor-General.  He  had,  between  1766  and 
1770,  held  office  under  Lord  Rockingham  and  the  Duke  of 
Grafton.  In  1770,  the  Duke  of  Grafton  resigned,  and  Chatham, 
who  had  been  the  guiding  spirit  of  his  administration,  attempted 
to  form  an  alliance  with  the  Bedford  section  of  Whigs.  In 
this  he  failed ;  and  the  seals  were  handed  to  Lord  North,  who 
remained  in  power  for  the  next  twelve  years. 

It  was  during  the  latter  part  of  Lord  North''s  tenure  of 
office  that  Henry  Dundas  entered  on  that  political  career  in 
wliich  he  afterwards  rose  so  high.  In  1775  he  became  Lord 
Advocate ;  and  his  politics  and  those  of  his  family  gradually 
assumed  a  Tory  hue.  But  this  was  not  in  compliance  with 
the  wishes  or  policy  of  Lord  North.  At  that  time  the 
spectacle,  almost  unknown  at  the  present  day,  of  ministers 
opposing  each  other  openly  on  the  floor  of  the  House  of 
Commons,  was  frequently  seen  ;  and  Dundas  never  hesitated 
to  oppose,  when  he  thought  fit,  the  measures  of  the  Govern- 
ment. His  first  speech  in  the  House  had  been  against  Lord 
North's  motion  in  favour  of  a  reconciliation  with  America ; 
and  after  he  became  Lord  Advocate  he  continued  the  same 
independent  line  of  conduct.  So  strong  and  consistent  was  he 
in  adhering  to  the  view  which  he  took,  and  in  which  he  was 
undoubtedly  wrong,  of  the  policy  which  ought  to  be  pursued 
towards  the  Americans,  that  the  King  was  extremely  annoyed. 
"The  more  I  think,""  he  says  in  one  of  his  innumerable  letters 
to  Lord  North,  "  of  the  conduct  of  the  Advocate  of  Scotland, 
the  more  I  am  incensed  against  him.  More  favours  have  been 
heaped  on  the  shoulders  of  that  man  than  ever  were  bestowed 
on  any  Scotch  lawyer ;  and  he  seems  studiously  to  embrace 
every  opportunity  to  create  difficulty.  But  men  of  talents, 
when  not  accomp'anied  with  integrity,  are  pests  instead  of 
blessings  to  society ;  and  true  wisdom  ought  to  crush  them 
rather  than  nourish  them.""*  This  was  in  1778 ;  but  a  year 
later,  finding  it  was  impossible  to  "crush"'  Mr.  Dundas,  his 
Majesty  thought  it  wiser  to  "  nourish ""  him,  and  use  his  talents 
to  confront  the  Opposition.  Let  him  be  gained,  he  said,  to 
attend  the  House  constantly,  and  "  brave  the  Parliament."" 

It  was  in  January  1781  that  Mr.  Pitt  first  took  his  seat 


i8ii.]  LORD  MELVILLE'S  CAREER.  «71 

in  the  House  of  Comnions.  The  long  struggle  agjiinst  the 
Americans  was  now  dniwing  to  a  close.  Three  years  before 
Mr.  Pitt's  great  father  had  made  his  la.st  speech,  in  opposing 
the  Duke  of  Richmoiurs  motion  to  recognise  the  independence 
of  the  United  States,  and  before  long  his  son  rose  to  explain 
what  he  believed  to  have  l)een  his  father^s  views.  DundtiM 
followed  him,  and  wius  loud  in  his  admirati(m  of  the  young 
Whig  statesman.  "  I  find  myself,''  he  exclaimed,  "  impelled  to 
rejoice  in  the  good  fortune  of  this  country  aiul  my  fellow- 
subjects,  who  are  destined  in  some  future  day  to  derive  the 
most  imj)ortant  services  from  so  happy  a  union  of  first-rate 
abilities,  high  integrity,  bold  and  honest  indej)endency  of 
conduct,  and  the  most  persmtsive  eloquence.'^  This  eulogy 
was  well  deserved ;  but  few  of  those  who  heard  it  could  have 
inijigined  how  close  an  intimacy,  in  politics  and  private  life, 
wiis  soon  to  be  established  between  Dundas  and  the  new 
member  of  whom  he  spoke. 

After  the  fall  of  Lord  North,  Dundas  continued  to  hold 
office  as  Lord  Advocate  in  the  Rockingham  Administration, 
in  which  Lord  Shelburne  and  Mr.  Fox  were  the  Secretaries 
of  State ;  and  it  was  at  this  time  that  he  first  came  forward 
as  an  authority  on  the  affairs  of  India.  He  had  been  appointed 
chairman  of  a  Secret  Committee,  wliich  was  to  report  on  the 
causes  of  the  war  in  the  Caniatic,  and  the  state  of  the  British 
possessions  in  that  part  of  India;  and,  in  April  1782,  he 
addressed  the  House  on  the  momentous  question  of  Indian 
policy  in  a  speech  of  three  hours.  "It  was  then,  perhaps," 
says  Lord  ]\Iahon,  "  more  than  on  any  previous  occasion  that 
he  fully  showed,  or  saw  acknowledged,  the  mastery  of  debate 
which  he  so  long  retained.''  When,  in  May  1782,  Mr.  Pitt 
brought  forward  the  subject  of  Parliamentary  Reform,  he  was 
opposed  by  Dundas,  who  declared  that  the  constitution  had 
for  ages  been  pure,  and  that  that  was  not  a  proper  time  to 
think  of  altering  it.  The  motion  was  lost  by  twenty  votes, 
although  Mr.  Fox  had  sup])orted  it ;  and,  as  Lord  Macaulay 
says,  "  the  reformers  never  again  had  so  good  a  division  till  the 
year  1831."  On  other  (juestions  l)esides  that  of  Parliamentary 
Reform,  the  members  of  the  Government  failed  to  agree ;  and, 
in  particular,  there  was  bad  blood  between  Mr.  Dundas  and 
Mr.  Fox.     The  death  of  I^)rd  Itockingham  brought  matters 


272  ARNISTON  MEMOIRS.  [1811. 

to  a  crisis ;  and  when  he  was  succeeded  as  Prime  Minister  by 
Lord  Shelburne,  Mr.  Fox  and  other  ministers  resigned.  Mr. 
Pitt  entered  the  Cabinet  as  Chancellor  of  tlie  Exchequer  ;  and 
Dundas  retained  his  place  as  Lord  Advocate.  His  attendance 
in  the  House  of  Commons  was  not,  however,  for  some  time  so 
regular  as  usual ;  and  the  character  whicli  he  had  now  acquired 
as  a  debater  is  proved  by  the  fact  that,  in  order  to  secure  his 
support.  Lord  Shelburne  offered  him  the  offices  of  Treasurer  of 
the  Navy  and  Keeper  of  the  Scottisli  Signet  for  life.  At  the 
same  time  he  continued  to  retain  his  place  as  Lord  Advocate. 
But  this  was  not  all.  During  the  forty-four  years  which  had 
elapsed  since,  at  the  close  of  tlie  last  Jacobite  rebellion,  the 
office  of  Secretary  of  State  for  Scotland  was  abolished,  the 
privilege  of  nominating  the  persons  wlio  were  to  receive 
appointments  in  Scotland  had  been  partly  in  the  hands  of  the 
Secretaries  of  State  and  partly  in  those  of  some  public  man 
who,  whether  in  office  or  out  of  office,  was  in  the  confidence  of 
ministers.  A  large  part  of  the  patronage  of  Scottish  places 
had,  indeed,  been  enjoyed  for  many  years  by  the  members  of 
the  Arniston  family ;  but  this  had  hitherto  been  the  case 
without  any  formal  arrangement.  Now,  however,  Dundas 
received  and,  of  course,  accepted  a  formal  off*er  of  the 
entire  patronage  of  all  places  in  the  public  service  in  Scotland. 
Thus  it  was  that,  in  the  words  of  Lord  Cockburn,  "  to  his  nod 
every  man  owed  what  he  had  got,  and  looked  for  what  he  wished.^' 
He  was  King  of  Scotland  in  a  far  truer  sense  than  John,  Duke 
of  Argyll,  to  whom  that  epithet  had  been  given  at  an  earliei- 
period  of  the  century,  had  ever  been.  Argyll  had  always  been 
opposed,  and  often  with  success.  Dundas,  for  many  years, 
was  seldom  opposed,  and  almost  never  with  success.  Whether 
the  possession  of  so  much  power  was  a  source  of  pleasure  to 
Dundas  may  well  be  doubted.  The  burden  became  heavier 
and  heavier  with  each  succeeding  year.  A  shade  of  melancholy 
pervades  his  letters,  the  melancholy  and  dissatisfaction  of  a 
man  who  is  constantly  brought  in  contact  with  mean  and 
greedy  placemen,  who  is  fast  losing  faith  in  the  purity  of 
motive,  and  even  the  common  honesty  of  those  he  has  to  deal 
with,  and  who  can  never  be  sure  that  ulterior  views  do  not  lurk 
behind  the  common  civilities  which  he  receives  even  from  his 
friends.      His    enormous    correspondence,   still    preserved    at 


i8ii.]  LORD  MFXVILLE'S  CAREER.  ^lii 

Arnistun  and  Melville  C'ustle,  teen)8  with  applications,  couclied 
in  every  variety  of  expression,  for  the  honours  and  offices  at  his 
disposal.  Peers  luid  peeresses,  judges,  officers  of  tlie  army, 
clergymen,  meml)ers  of  every  rank  and  every  profession, 
write  to  liini ;  and  the  burden  of  every  letter  is  the  stune — a 
lord-lieutenancy,  a  niarquisate,  a  pension,  the  connnand  of  a 
regiment,  a  better  living.  With  so  many  grasping  hands 
constantly  stretclied  up  to  him,  it  is  little  wonder  tliat  Henry 
Dundas,  as  years  went  on,  grew  somewhat  cyniad.  The 
wonder  rather  is  that  he  retained  any  generosity  of  feeling  or 
sympathy  with  the  wants  of  others.  But  that  he  did  so  there 
can  be  no  doubt.  His  kindly  nature  seems  never  to  liave  been 
soured,  even  by  ingratitude,  which,  on  more  than  one  occasion, 
he  certainly  felt  keenly.  One  story,  in  which  there  is  a  touch 
of  romance,  of  the  way  in  which  he  exercised  his  patronage,  has 
already  appeared  in  print.  Riding  one  day  in  the  Highlands 
he  called  at  a  friend^s  house,  when  a  young  lady  asked  leave  to 
speak  to  him  alone.  "  Mr.  Dundas,"'  she  said,  "  I  hear  that 
you  are  a  very  great  man,  and,  what  is  nmch  better,  a  very 
good  man.  I  will  venture,  therefore,  to  tell  you  a  .secret. 
There  is  a  young  man  in  this  neighbourhood  who  has  a  strong 
attachment  to  me,  and,  to  confess  the  truth,  I  have  a  strong 
regard  for  him."'  She  then  explained  that  her  lover  had  been 
bred  to  the  medical  profession,  and  was  anxious  to  obtain  a 
situation  in  India,  when  he  would  be  able  to  marry  her. 
Dundas,  according  to  the  story,  took  her  by  the  hand,  and 
said,  "  My  good  girl,  be  assured,  if  opportunity  offers,  I  shall 
not  forget  your  application.'"  Some  time  after  he  was  dining 
with  a  director  of  the  East  India  Company,  who  mentioned 
that  there  was  an  appointment  as  surgeon  in  the  service  vacant, 
and  that  it  was  at  his  disposal.  "The  very  thing  I  most 
anxiously  wished  for,""  said  Dundas,  and  the  appointment  was 
at  once  conferred  on  the  doctor  from  Scotland,  who  married 
the  young  lady,  and  had  a  successful  career  in  India. ^ 

On  the  formation  of  the  Coalition  Ministry,  which  came 
into  power  on  the  resignation  of  Lord  Shelburne  in  1784, 
Dundas  did  not  at  once  resign  the  office  of  Lord  Advocate ; 
and,  indeed,  he  is  said  to  have  declared  that  "  no  man  in  Scot- 

^  Correspondetife  of  Sir  John  Siiulair^  vol.  i.  p.  144. 


274  ARNISTON  MEMOIRS.  [1811. 

land  will  venture  to  take  my  place/'  But  his  intimacy  with 
Mr.  Pitt  aroused  the  suspicions  of  Mr.  Fox,  who  had  never 
liked  him,  and  who  now  resolved  to  get  rid  of  him.  "  It  began,"' 
Fox  writes  to  Lord  Loughborough,  "  to  be  seriously  credited 
that  it  was  not  permitted  to  them  ^  to  remove  any  person  (in 
Scotland)  protected  by  Dundas."'  The  Lord  Advocate  was, 
accordingly,  dismissed  from  office,  and  speedily  allied  himself 
openly,  and  once  for  all,  to  Mr.  Pitt. 

In  the  Administration  of  Mr.  Pitt,  which  was  formed  on 
the  downfall  of  the  unpopular  Coalition  Ministry,  Mr.  Dundas 
became  Treasurer  of  the  Navy.  His  appointment  was  severely 
criticised  by  the  opposition  journals. 

"  Mr.  Henry  Dundas,""  said  the  Morning  Herald  of  the  1st 
of  January,  "  lias  had  the  modesty  to  accept  of  the  sinecure 
place  of  Treasurer  of  the  Navy  ;  a  place  which,  in  a  debate 
during  the  last  sessions  of  Parliament,  he  acknowledged  to  be 
very  improper  for  him  to  accept,  particularly  on  account  of  his 
profession  as  a  lawyer.  However,  his  young  friend,  Mr.  Pitt, 
notwithstanding  the  dislike  he  professes  to  have  for  a  coalition, 
has  prevailed  upon  the  late  Lord  Advocate  of  Scotland  to  coalesce 
with  the  Treasurer  of  the  English  Navy,  and  to  act  in  future  as 
one  man.  It  is  said,  however,  that  the  learned  gentleman  did 
not  long  stand  out  against  the  persuasion  of  his  young  friend,  as 
he  felt  in  his  breast  a  very  strong  inclination  to  such  a  coalition. 
"  Mr.  Dundas,  in  getting  into  the  office  of  Treasurer  of  the 
Navy,  has  by  no  means  obtained  the  ultimatum  of  his  wishes : 
he  has  condescended  to  accept  of  c^'SOOO  a  year  ad  interim,  until 
something  better  can  be  found  for  him  ;  and  that  sometliing 
better  he  has  already  fixed  his  eye  upon.  It  is  a  part  of  the 
new  minister's  plan  to  appoint  a  new  secretary  of  state,  who  is 
to  liave  India  for  his  department ;  and  if  this  plan  should  be 
adopted  by  Parliament,  Mr.  Dundas  is  certainly  to  be  placed 
in  that  department,  for  which  his  attendance  as  chairman  of 
the  Committee  of  Secresy  has  particularly  well  fitted  him." 

But  Dundas  was  well  entitled  to  a  high  place  in  the 
Government ;  for  during  the  next  three  months,  when  Mr.  Pitt 
and  his  colleagues  had  to  contend  night  after  night  against  a 
hostile  majority  on  the  opposition  benches,  Dundas  did  yeoman 
serv'ice.     The  majorities  against  Government  gradually  dimin- 

^  The  Administration. 


i8ii.]  LORD  MELVILLE'S  CAREER  275 

ished,  until  at  length  the  crisis  was  reached  on  the  8th  of 
March,  when  Mr.  FoxV  motion  to  address  the  King  for  the 
removal  of  the  Ministers  was  carried  by  only  one  vote. 
'*  Seldom,""  says  Wraxall,  "  have  I  heard  Dundas,  during  the 
course  of  his  long  and  brilliant  career,  dis))lay  more  ability  or 
elo(|uence  than  on  tliat  evening,  which  may,  in  fact,  be  regarded 
JUS  having  terminated  the  contest  between  I'itt  and  Fox,  l)e- 
tween  the  Crown  and  a  majority  in  the  House  of  Conniions.'" 
S(K)n  after  this  Parliament  wius  dissolved  ;  and  the  result  of  the 
general  election  was  the  complete  triumph  of  Mr.  Pitt. 

Such  were  the  leading  facts  in  the  life  of  Henry  Dundas 
prior  to  the  commencement  of  Mr.  Pitfs  long  term  of  office, 
lieyond  this,  even  a  meagre  outline  of  his  life  could  not  be  given 
without  entering  upon  a  multiplicity  of  topics  which  would  l)e 
out  of  place  in  a  volume  of  family  history  ;  for  the  career  of 
Henry  Dundas  henceforth  was  that  of  a  British  Minister.  He 
managed  the  affairs  of  India  for  a  number  of  years.  He  was  at 
the  Home  office  during  the  troublous  times  which  followed 
the  outbreak  of  tlie  French  Revolution.  At  another  time  he 
was  charged  with  the  conduct  of  the  war.  He  was  afterwards 
First  Lord  of  the  Admiralty.  He  was  responsible  for  the 
transactions  which  culminated  in  the  abolition  of  the  Irish 
Parliament  and  the  passing  of  the  Act  of  Union.  He  was 
deeply  engaged  in  the  events  which  led  to  the  resignation  of 
Mr.  Pitt  in  1801,  and  still  more  deeply  engaged  in  those  which 
led  to  Mr.  Pitt's  return  to  power  in  1804.  The  charges  brought 
against  him  by  the  opposition  in  the  following  year,  and  his 
impeachment  during  the  Ministry  of  All  the  Talents,  have 
already  been  alluded  to.  Of  the  charges  then  brought  against 
him  he  was  acquitted ;  but  his  official  life  was  at  an  end. 
Nevertheless  his  correspondence  proves  that  within  a  year  after 
the  termination  of  his  trial,  he  was  once  more  virtually  the 
Minister  for  Scotland.  Judging  by  the  letters  which  were 
addressed  to  him  by  members  of  the  Duke  of  Portland"*s 
Ministry  and  by  the  public  in  Scotland,  he  had  almost  as  much 
power,  from  the  year  1807  until  his  sudden  death  in  1811,  as 
he  had  enjoyed  during  the  old  days  when  he  and  Mr.  Pitt  sat 
side  by  side  on  the  front  bench  of  the  House  of  Commons. 

The  character  of  Lord  Melville  was,  during  his  lifetime,  the 
subject  of  severe  criticism  by  one  Jjarty  in  the  State,  while  by 


276  ARNISTON  MEMOIRS.  [1811. 

another  party  it  was  the  subject  of  fulsome  eulogy.  By  one 
party  he  was  represented  as  an  unscrupulous  adventurer  who 
cared  for  nothing  but  his  own  advancement,  who  was  ready  to 
adopt  any  policy  which  promised  success,  and  who  had  achieved 
his  high  position  by  an  utter  want  of  principle.  By  another 
party  he  was,  in  Scotland  at  all  events,  regarded  as  a  great  and 
powerful  Minister,  whose  chief  claim  to  distinction  was  his  lofty 
independence  of  character,  and  whose  success  in  life  was  solely 
the  result  of  merit.  The  truth  probably  w^as  that  he  entered 
public  life  with  rare  advantages,  and  did  himself  full  justice. 
His  age  and  experience  made  him  an  invaluable  ally  to  Mr. 
Pitt.  His  business  habits  and  readiness  in  debate  were  sufficient 
to  have  secured  him  offices  of  Cabinet  rank,  even  had  they  not 
been  combined  with  an  extraordinary  political  foresight,  amount- 
ing to  a  special  talent,  by  which  lie  was  able  to  perceive,  almost 
by  intuition,  what  were  the  exact  chances  of  party  warfare. 

This  combination  of  qualities  enabled  Henry  Dundas,  the 
younger  son  of  a  house  which  had  already  for  a  long  time 
enjoyed  great  political  influence,  to  rise  higher  in  the  service  of 
the  State  than  any  of  his  family  had  done  before  him.  His 
death  made  a  great  blank,  not  only  on  account  of  the  experi- 
ence and  knowledge  of  affairs  which  passed  away,  when  he  was 
laid  in  the  grave ;  but  because,  whatever  his  faults  may  have 
been,  he  had  always  proved  himself  a  staunch  friend  and  a 
reliable  kinsman.  In  his  own  home  at  Melville,  or  riding  about 
the  woods  at  Arniston,  he  was  simple-hearted  and  kindly, 
taking  an  interest  in  country  pursuits,  fond  of  meeting  old 
friends  and  neighbours,  and  displaying  none  of  that  arrogance 
which  was  sometimes,  perhaps  not  unnaturally,  attributed  to  a 
man  of  whom  it  has  been  said  that  there  was  a  time  "  when  the 
streets  of  Edinburgh  were  thought  by  the  inhabitants  almost 
too  vulgar  for  Lord  Melville  to  walk  upon."' 

Immediately  after  the  Arniston  family  had  lost  their  most 
distinguished  member,  a  question  arose  in  deciding  which  his 
advice  would  have  been  invaluable;  for  on  the  death  of 
President  Blair,^  the  Prince  Regent  and  the  Ministry  were 
most  desirous  that  the  Chief  Baron  should  accept  the  Pre- 
sident's chair.     He  had  lately  been  suffering  from  ill  health. 


^  Supra,  p.  267. 


i8ii.]  THE  PRESIDENT'S  CHAIR.  277 

and  was  averse  to  the  pro|K)8al,  but  it  was  rej>eatedly  pressed 
upon  him.  The  correspondence  upon  the  suhjcH-'t  is  lenj^thy,  hut 
enough  of  it  is  here  given  to  exphiin  the  l)earing8  of  the  case. 

(Second)  Viscount  Melville  *  to  the  Chief  Baron. 

VVlMBLKDON,  1st  July  181I. 

Dear  Chief  Baron, — You  will  be  surprised  at  receiving  from 
me,  so  soon  after  your  peremptory  refusal  of  the  President's  Chair, 
a  repetition  of  that  suggestion  under  circumstances  which  perhaps 
may  incline  you  to  depart  from  your  resolution.  I  will  state  to 
you  as  concisely  as  possible,  but  without  reserve,  what  has  occurred, 
and  the  present  situation  of  affairs  with  regard  to  that  question. 
It  is  for  your  own  private  information,  unless  you  choose  to  show 
it  to  the  Justice-Clerk,'-  but  I  shall  communicate  to  Mr.  Perceval 
your  reply  to  this  letter,  unless  it  goes  into  other  matters  separate 
from  your  own  concern  in  the  business. 

In  the  course  of  last  week  the  Prince  Regent  saw  the  Lord 
Chancellor  and  stated  to  him  his  own  anxious  wish  that  you  should 
go  to  the  President's  chair,  unless  you  preferred  the  Justiciary, 
and  that  Mr.  Adam  ^  should  succeed  you  as  Chief  Baron.  Next 
day  Mr.  Adam  came  to  me  and  stated  that  the  Prince  Regent  had 
made  a  similar  communication  to  him,  and  had  desired  him  to 
wait  upon  me,  and  to  intimate  the  desire  of  his  Royal  Highness 
that  I  should  see  him  on  the  subject  next  day.  I  mentioned  imme- 
diately to  Mr.  Adam  that  independently  of  any  other  consideration 
in  this  matter,  it  happened  that  the  proposal  of  your  going  to  the 
President's  chair  had  very  recently  been  under  your  consideration, 
and  that  for  the  reasons  which  I  stated  to  him  (as  I  had  also  pre- 
viously explained  to  Mr.  Perceval)  you  had  positively  refused. 

When  I  waited  upon  the  Prince  Regent  next  day,  he  began 

*  Robert  Dundas,  second  Viscount  Melville,  son  of  Henry,  first  Viscount, 
and  Elizabeth  Rannie.  Born  1771  ;  President  of  the  Board  of  Control,  1807, 
with  a  seat  in  the  Cabinet ;  Secretary  of  State  for  Ireland,  1809  ;  Privy  Seal  for 
Scotland,  i8ii.  He  subsequently  held  various  offices,  including  that  of  First 
Lord  of  the  Admiralty,  until  1830,  when  he  retired  into  private  life.     Died  1851. 

'■*  The  Right  Hon.  Charles  Hope,  afterwards  Lord  President. 

'  The  Right  Hon.  William  Adam  of  Blairadam.  Born  1751.  He  became 
a  member  of  the  House  of  Commons  in  1774,  and  held  office  under  Lord  North, 
in  defence  of  whose  policy  he  fought  a  duel  with  Mr.  Fox  in  1780.  He  was 
afterwards  Attorney-General  to  the  Prince  of  Wales.  In  18 16  he  was  appointed 
Chief  Commissioner  of  the  Jury  Court  in  Scotland,  and,  having  prospered  under 
every  ministry  during  fifty  years,  died  in  1819.  His  wife  was  the  Hon.  Eleanor, 
daughter  of  the  tenth  Lord  Elphinstone. 


278  ARNISTON  MEMOIRS.  [i8ii. 

by  adverting  to  all  that  had  occurred  for  some  years  in  regard  to 
my  father.  He  also  reminded  me  of  what  had  passed  between  us 
on  a  former  day  on  the  subject  of  the  Privy  Seal,  and  of  Lady 
Melville,^  on  which  latter  point  he  certainly  had  gone  much 
beyond  anything  I  had  in  contemplation,  especially  in  the  mode 
of  doing  it,  which  I  could  not  conscientiously,  as  one  of  his  servants, 
approve,  viz.,  a  message  from  himself  to  the  two  Houses  of  Parlia- 
ment. He  also  adverted  to  my  father's  intimacy  with  the  late 
President  Blair  and  their  mutual  friendship,  and  his  own  earnest 
desire  to  confer  an  adequate  mark  of  his  own  and  of  public  esteem 
for  Mr.  Blair's  character  by  providing  adequately  for  his  family. 
He  then  mentioned  my  father's  and  my  intimacy  with  Adam,  and 
the  zealous  and  able  professional  assistance  which  the  latter  had 
afforded  on  the  impeachment,  and  how  gratifying  on  that  point  of 
view  any  mark  of  favour  conferred  upon  Adam  would  probably  be 
at  the  present  moment. 

His  Royal  Highness  next  explained  the  nature  of  his  own  con- 
nection with  Adam,  and  the  obligations  he  felt  himself  under  to 
him,  both  on  his  own  and  the  Duke  of  York's  account,  and  the 
unjust  obloquy  to  which  Adam  had  been  exposed  in  the  clamour 
against  the  Duke  (of  York),  and  he  expressed  his  strong  and 
anxious  wish  that  Adam  should  be  appointed  to  the  Chief  Baron's 
chair  in  Scotland,  by  your  accepting  the  other  situation.  He  con- 
cluded by  stating  his  belief  that  if  the  arrangement  took  place  it 
would  enable  Adam,  from  his  good  sense  and  principles,  to  put 
down  or  at  least  keep  in  order  a  parcel  of  shallow-pated  reviewing 
Reformers  at  Edinburgh,  who  were  meddling  in  matters  which 
they  did  not  understand,  but  who  were  doing  much  mischief. 

I  stated  to  his  Royal  Highness  what  had  passed  lately  with 
you  on  the  subject  of  your  removal  to  the  Court  of  Session,  and 
my  apprehension  that  the  same  reasons  would  still  operate  to  pre- 
vent your  agreeing  to  it  now.  But  he  desired  positively  that  it 
should  be  again  put  to  you,  and  that  his  strong  and  anxious  wish 
should  be  conveyed  to  you ;  a  duty  which  I  have  accordingly  dis- 
charged by  repeating  to  you,  in  farther  proof  of  his  earnestness  on 
the  subject,  the  grounds  on  which  he  placed  it.  I  need  scarcely 
add  that  the  whole  was  conveyed  in  the  most  gracious  manner  to 
myself,  and  with  every  expression  that  could  be  gratifying,  and  I 
will  only  mention  farther  that  the  Chancellor  gave  the  same 
report  of  the  Prince's  earnestness  and  anxiety  on  the  subject. 

^  Lady  Jane  Hope,  widow  of  the  first  Lord  Melville,  subsequently  married 
to  Mr.  T.  Wallace,  created  Baron  Wallace. 


i8ii.]  THE  PRESIDENTS  CHAIR.  279 

I  need  scarcely  add,  that  we  (the  Ministry)  are  strongly 
impressed  with  the  conviction  that  the  most  beneficial  as  well  as 
satisfactory  appointment  to  the  President's  chair  will  be  by  your 
acceptance  of  it — Yours  sincerely,  Melville. 

The  al)ove  letter  was  followed  on  the  13th  of  July  by  a 
formal  offer  of  the  Presidents  chair,  through  Mr.  Ryder,  Home 
Secret^iry,  by  connnand  of  the  Prince  Regent,  which  was  de- 
clined, on  the  score  of  ill  health.  Hut  as  an  inunediatc  decision 
wfts  not  pressed  for,  the  matter  wits  allowed  to  stand  over  for 
maturer  consideration.  Besides  the  grounds  of  advantage  to 
the  public  from  the  Presidents  chair  being  filled  by  a  man  of 
the  Chief  Baroifs  long  experience  and  knowletlge  of  public 
business.  Lord  Melville  urged  upon  him  the  advantages  arising 
from  the  appointment  both  to  his  party  and  political  adherents 
in  Scotland,  and  to  his  own  family. 

On  the  1st  of  August  he  wrote : — 

"  I  have  nothing  more  to  say  on  the  subject  of  your  removal 
to  the  Court  of  Session,  except  that  independently  of  any  private 
or  personal  considerations,  I  am  much  mistaken  if  you  are  not 
throwing  away  a  public  card  in  Scotland  which  will  not  be  re- 
covered during  your  life  or  mine." 

Again  he  wrote : — 

Wimbledon,  Au^.  ii,  i8ii. 

You  are  very  much  mistaken  if  you  suppose  that  I  have  had  in 

contemplation  only  the  public  reasons  to  which  I  formerly  alluded, 

and  I  rather  think  that  I  adverted  expressly  and  distinctly  also  to 

considerations  of  a  private  or  personal  nature.      Your  otim  eldest  sou 

tvill  be  the  greatest  sufferer  by  your  refusal ^  and  to  an  extent  which 

YOU  will  never  be  able  to  replace  to  him,  and  I  promise  you  that 

even  you  will  admit  that  proposition  before  you  quit  Boroughbridge 

(where  Lord  Melville  and  the  Chief  Baron  were  to  meet).     It  is 

quite  reasonable  that  under  any  circumstances  neither  you   nor 

your  family  should  be  the  sufferers,  and  nobody  ever  dreamt  of 

such  a  proposition,  but  directly  the  reverse.     But,  however,  quern, 

Deus  vult  perdere,  etc.  etc.      I  shall  at  least   have  done  my  duty 

both  to  the  public  and  to  yourself,  and  shall  not  be  responsible 

for  the  consequences. 

On  the  14th  of  August  the  Prince  Regent  wrote  to  Lord 
Melville  again,  expressing  his  "  most  anxious  wishes  for  the 


280  ARNISTON  MEMOIRS.  [1811. 

accomplishment  of  the  arrangement  which  has  been  proposed  to 
the  Lord  Chief  Baron  of  Scotland;  an  arrangement  so  important 
to  the  judicature  of  Scotland,  about  which  my  anxiety  is  such 
that  I  have  thought  it  right  to  write  you  with  my  own  hand/' 

If  the  matter  had  been  left  in  Lord  Melville's  calm  and 
judicious  hands,  the  Chief  Baron  would  apparently  have  con- 
sented "to  obey  the  commands  and  gratify  the  wish  of  his 
Prince/'  But  unfortunately  his  brother  William^  seems  to  have 
taken  it  in  hand,  and  not  satisfied  with  the  intimation  of  the 
intentions  of  ministers,  as  expressed  in  Lord  Melville's  letter  of 
the  11th  of  August,  wrote  to  Mr.  Perceval  to  know  "  if  he  had 
-any  objection  to  the  proposition  being  submitted  for  the  con- 
sideration of  H.R.H.  to  give  the  Chief  Baron  a  seat  in  the 
House  of  Lords,"  an  injudicious  step  which  produced  a  lengthy 
refusal  from  Mr.  Perceval. 

There  is  no  doubt  that  as  Lord  Melville  was  a  Cabinet 
Minister,  and  in  direct  communication  with  the  Prince  Regent 
himself,  his  letter  of  the  11th  of  August  should  have  been  con- 
sidered a  sufficient  intimation  of  what  Ministers  intended  to 
•do,  in  the  event  of  the  Chief  Baron's  meeting  the  wishes  of  the 
Prince  Regent.  But  William  Dundas's  letter,  by  seeking  to 
tie  them  down  by  an  express  stipulation,  was  in  reality  placing 
the  Prime  Minister  in  a  position  in  which  no  one  holding  the 
post  could  submit  to  be  placed.  It  is  curious  how  an  able  man 
like  William  Dundas,  after  a  long  parliamentary  and  official 
life,  could  have  been  guilty  of  so  great  an  indiscretion.  How- 
-ever,  his  letter  and  Mr,  Perceval's  reply  drew  forth  a  per- 
emptory refusal  from  the  Chief  Baron  to  listen  to  anything 
farther,  and  the  negotiations  for  meeting  the  Prince  Regent's 
wishes  came  to  an  end. 

One  of  the  arguments  which  Lord  Melville  used,  when  try- 
ing to  induce  the  Chief  Baron  to  become  Lord  President,  was 
that  the  family  influence  would  be  rendered  more  complete  if 
he  put  himself  at  the  head  of  the  administration  of  the  law  in 

^  Right  Hon.  William  Dundas,  third  son  of  the  second  President  Dundas, 
by  his  second  wife.  Miss  Jean  Grant.  Bom  1762.  A  Commissioner  of  the 
Board  of  Control,  1797  ;  Secretary  at  War,  from  1804  to  1806 ;  a  Lord  of  the 
Admiralty  1812  to  1814;  appointed  Lord  Clerk  Register  of  Scotland  in  1821. 
Died  1845.  His  wife  was  Mary,  daughter  of  the  Hon.  James  Stuart  Wortley 
Mackenzie  (second  son  of  John,  third  Earl  of  Bute),  and  sister  of  James,  first 
Lord  Wharncliffe. 


aq/atT-^ 


i8i2.]  DEATH  OF  MR.  PERCEVAL.  281 

Scotland.  Alt]i()u«i:li  Midlothian  was  no  longer  represented 
by  a  nienil)er  of  the  Arniston  family,  there  was  still  a  Tory 
uuijority.  Sir  (ieorge  Clerk  of  Penicuik,  who  had  succeeded 
llol)ert  Dundas  of  Melville,  when  the  latter  became  a  peer  on 
the  death  of  his  father,  gives  tlie  following  estimate  of  the 
jH)litical  state  of  the  county,  in  a  letter  to  the  Chief  Baron, 
dated  the  26th  of  March  isis  :— 

For  Sir  (Jcorge  Clerk  (7  on/),  .  .  51 

For  Sir  John  Dairy mple  (fyfiig)y      .  «^8 

Absentees,      .....  20 

Doubtful, 17 


12() 


Lord  Melville  held  the  office  of  IVesident  of  the  Board  of 
Control  in  Mr.  PercevaPs  Government,  and  was  the  confidential 
adviser  of  Ministers  in  regard  to  the  affairs  of  Scotland,  as  his 
father  had  been  before  him.  The  assassination  of  Mr.  Perceval, 
in  May  1812,  led  to  a  ministerial  crisis,  after  which  Lord 
Liverpool  became  Prime  Minister ;  and  in  the  new  administra- 
tion Lord  Melville  was  appointed  First  Lord  of  the  Admiralty, 
the  centre  of  Scottish  patronage  being  at  once  transferred  from 
the  Board  of  Control  to  the  Admiralty. 

In  writing  to  her  son  Henry,^  Mrs.  Dundas  thus  alludes  to 
IMr.  PercevaPs  death  : — "  Your  father  and  I  have  been  thrown 
into  the  greatest  affliction  by  this  unexampled  and  atrocious 
murder  of  Mr.  Perceval.  It  is  dreadful  for  the  poor  man'*8 
family,  and  dreadful  for  the  country,  and  they  will  find  it  a 
most  difficult,  if  not  an  impossible  task  to  fill  his  situation  with 
as  able,  and  above  all,  with  as  good  a  man.  It  certainly  seems 
as  a  punishment  for  our  sins  that  it  pleases  heaven  to  deprive 
us  at  such  a  moment  of  his  services.  Next  to  his  own  imme- 
diate family,  I  know  none  more  to  be  pitied  for  his  loss  than 
Lord  Melville,  as  he  had  always  the  greatest  regard  for  him. 
Your  father  is  dreadfully  shocked  by  Mr.  Perce vaPs  death. ""^ 

The  following  letter  from  the  Due  de  Gramont  to  Mrs. 
Dundas  was  written  at  the  close  of  November  1813,  a  few 
weeks  after  the  decisive  battle  of  Leipzig  and  the  surrender  of 
Dresden  with  its  garrison  of  40,000  French  troops.     Tlie  power 

*  A  boy  at  the  Naval  College,  Portsmouth. 


282  ARNISTON  MEMOIRS.       >  [1813. 

of  Buonaparte  seemed  to  be  crumbling  to  pieces,  and  the  dawn 
of  happier  times  to  be  rising  upon  the  long  oppressed  French 
royalists : — 

The  Due  de  Gramont  to  Mrs.  Dundas. 

Hartwell  House,  d.  29  Novembre  1813. 

Le  Due  de  Gramont  a  I'honneur  de  presenter  ses  respects  a 
Madame  Dundas  et  les  remereiements  du  roi  pour  la  boite  de 
grouses  qu'elle  lui  a  envoiee  ;  elle  a  ete  re9ue  hier;  on  en  a  servi 
deux  sur  la  table  du  roi  qui  les  a  trouve  exeellentes,  et  meilleures 
qu'il  n'en  avait  encore  mangees.  Le  roi  desire  que  Madame 
Dundas  fasse  parvenir  au  Lord  Chief  Baron  ses  remereiements  de 
son  aimable  attention. 

Le  Due  de  Gramont  remercie  Madame  Dundas  de  la  part 
qu'elle  veut  bien  prendre  aux  esperanees  que  cette  eontinuite  de 
bonnes  nouvelles  pent  nous  permettre ;  nous  n'avons  cependant 
nous  y  trop  livrer,  II  faut  cependant  esperer  que  le  ciel  cessera 
de  nous  persecuter,  et  que  la  bonne  cause  finira  par  triompher. 

Le  Due  de  Gramont  a  I'honneur  de  renouveler  a  Madame 
Dundas  I'assurance  de  ses  sentiments  respectueux. 

Due  DE  Harcourt  to  Chief  Baron  Dundas. 

Due  de  Harcourt  presents  his  respects  to  the  Lord  Chief 
Baron,  and  returns  his  most  sincere  acknowledgments  for  the 
polite  note  he  has  been  favoured  with.  Nothing  can  be  of  a  more 
favourable  omen  for  the  cause  of  the  Bourbons  than  to  see  it  sup- 
ported and  hailed  by  the  first  magistrate  of  a  country,  to  which 
the  French  princes  are  so  much  indebted  for  its  noble  and  kind 
hospitality. 

Wednesday  Evenings  6  April  18 14. 

Due  de  Harcourt  begs  to  be  respectfully  remembered  to 
Mrs.  Dundas. 

The  correspondence  closes  with  a  few  lines  from  the  Chief 
Baron,  dated  Bath,  April  11th,  to  the  Due  de  Gramont  for 
transmission  to  the  King  of  France,  hoping  that  his  Majesty 
may  long  continue  to  reign  over  a  brave  and  loyal  people,  and 
that  the  prosperity  of  his  Majesty's  future  life  may  in  some 
degree  compensate  for  the  unmerited  and  severe  calamities  sus- 
tained, through  so  many  years  of  adversity,  with  a  magnanimity 
worthy  of  his  illustrious  name. 


i8i6.]  WATERLOO  IN  1816.  28.S 

On  leaving  Scotland  the  Conite  (rArtois  sent  to  the  Chief 
Haroii  Ills  portrait,  to  he  added  to  the  pictures  at  Arniston,  in 
rei'olleition  of  the  attentions  he  had  received  while  living  at 
Holynxxl,  and  also  a  hackgannnon  Ik)x,  prolmbly  as  a  souvenir 
of  various  games  with  the  Chief  Haron. 

The  termination  of  the  war  against  France,  in  1815,  once 
more  openetl  up  the  continent  of  Kuro|)e  to  travellers ;  and  it 
was  with  feelings  of  curiosity  and  pride  that  Englishmen  and 
Scotsmen  visited  the  scenes  of  the  memorable  struggle  against 
Napoleon. 

Mr.  Robert  Haldane^  to  tlie  Chief  Barun. 

DUNKELD,  I4/A  Sept.  1816. 

Mv  Lord, — I  lately  went  to  visit  the  field  of  Waterloo,  and 
in  the  true  spirit  of  a  pilgrim,  wished  to  carry  away  with  me  some 
relics  from  that  interesting  spot.  The  things  which  are  sold  by 
the  inhabitants  as  memorials  of  the  battle  cannot  be  depended 
upon  as  genuine.  I  therefore  resolved  to  purchase  nothing  which 
might  have  been  fabricated  for  the  purpose  of  imposing  upon 
credulous  travellers,  but  cut  for  myself  staves  from  the  garden  of 
Hugomont,  and  from  the  edge  of  the  wood  of  Bossy,  at  Quatre 
Bras,  where  so  many  of  our  gallant  countrymen  fell.  1  was  loath 
to  lay  profane  hands  upon  so  interesting  and  venerable  an  object  as 
Lord  Wellington's  tree,  which  had  been  splintered  by  shot  on  the 
day  of  action,  and  since  sadly  mutilated  by  the  knives  of  merciless 
travellers.  But,  observing  some  scraggy  branches  near  the  top 
almost  broken  off,  I  made  Lacorte's  son  climb  up  and  bring  them  to 
me.  I  wrapped  up  all  the  sticks,  sewed  carefully  in  a  cloth,  and 
they  formed  a  parcel  so  singular  in  appearance,  as  to  excite  much 
astonishment  wherever  I  went,  particularly  amongst  the  custom- 
house officers,  who  do  not  know  what  to  make  of  theui.  Little  as 
this  package  was  thought  of  by  others,  I  put  much  more  value 
upon  it  than  all  my  luggage  besides,  and  was  always  much  more 
afraid  of  losing  it  than  my  portmanteau.  I  left  the  staves  in 
Edin"^  to  get  them  dressed  and  made  straight,  and  gave  the  charge 
of  them  to  Dr.  Grant,  with  proper  injunctions  to  secure  their 
identity.  He  writes  me  that  they  are  now  ready,  and  I  have  re- 
quested him  to  carry  the  handsomest-looking  one  to  your  Lord- 
ship's house  in  George  Square,  and  you  will  gratify  me  highly  by 

*  Professor  of  Mathematics  in  the  University  of  St.  Andrews,  and  subsequently 
Principal  of  St.  Mary's  College  there.    Mwlerator  of  the  General  Assembly  in  1827. 


284  ARNISTON  MEMOIRS.  [1817. 

accepting  of  it.  Had  I  not  been  under  the  necessity  of  coming 
directly  north  to  look  after  some  little  affairs  here,  it  was  my 
intention  to  have  done  myself  the  honour  of  waiting  upon  your 
Lordship  at  Arniston,  to  have  given  you  some  account  of  my 
excursion,  and  to  have  delivered  this  Waterloo  trophy  into  your 
own  hands.  I  am  not  sure  that  I  have  fixed  upon  that  sort  of 
present  which  your  Lordship  may  value  most  highly,  or  deem  the 
most  appropriate  that  could  have  been  thought  of.  But  of  this  I 
am  certain,  that  I  could  not  offer  any  memorial  of  the  battle  of 
Waterloo  to  one  in  the  kingdom  who  felt  more  unmingled  joy 
than  you  did  at  the  glorious  issue  of  that  tremendous  conflict,  or 
who  was  more  truly  proud  of  the  matchless  feats  which  our 
heroes,  and  especially  our  Scottish  heroes,  there  achieved. 

From  the  numerous  and  accurate  descriptions  which  have  been 
published,  every  person  may  form  a  very  good  idea  of  the  ground 
on  which  the  battle  was  fought,  but  it  is  impossible  to  describe  the 
feelings  which  a  person  experiences  when  for  the  first  time  (having 
advanced  a  little  way  in  front  of  the  farm  of  Mont  St.  Jean,  to  the 
edge  of  the  ridge),  the  whole  field  of  battle  bursts  upon  his  view, 
and  he  feels  himself  standing  on  the  ground  where  lately  the  fate 
of  the  world  was  decided.  .  .  .  Yours  truly, 

Rob.  Haldane. 

In  the  summer  of  1817  the  ill  health  of  the  Chief  Baron 
was  a  cause  of  grave  anxiety  to  his  family.  And  with  the 
hope  of  regaining  some  measure  of  strength,  he  was  induced  to 
make  a  tour  upon  the  Continent,  and  try  the  eflPects  of  a 
better  climate  than  that  of  home.  He  was  accompanied  by 
two  intimate  friends.  Sir  William  Rae  ^  and  Dr.  Haldane  of  St. 
Andrews,  by  his  brother  General  Francis  Dundas,  and  by  his 
eldest  son  Robert,  then  a  youth  of  twenty  years  of  age. 

The  lighthouse  yacht  was  placed  at  his  disposal  to  take  him 
across  to  Holland,  and  on  Friday,  the  25th  of  July,  the  party 
embarked  on  board  the  cutter  in  Leith  Roads,  where  she  lay 
in  readiness  to  receive  them.  Sail  was  at  once  made,  and  the 
vessel  ran  down  the  Firth  before  a  fair  wind,  and  soon  got  out 
to  sea.  During  the  voyage,  when  adverse  winds  prevailed, 
against  which  little  progress  could  be  made,  their  presence  was 
taken  advantage  of  for  visiting  places  of  interest  along  the 
coast ;  instead  of  beating  all  day  against  a  head  wind.     In  that 


^  Appointed  Lord  Advocate  in  18 19. 


i8i7.1  JOURNEY  IN  HOLLAND.  fiS5 

way  Holy  Island,  l)anil)<)r()ugli,  Scarborough,  and  other  places 
were  visited,  and  it  was  not  until  Thursday  the  Slst,  that  the 
cutter  came  to  anchor  off  the  harbour  of  Helvoetsluys. 

After  a  night's  rest,  tlie  |Mirty  started  next  day  in  two 
coaches  for  the  Brille,  where  for  tlie  first  time  they  saw  a 
Dutch  town  in  perfection,  with  canals,  streets,  and  trees  inter- 
spersed. The  same  aftern(M)n  they  embarked  on  board  a 
schmjt  for  Rotterdam,  and  wind  and  tide  being  with  them,  hiul 
a  pleasant  run  of  three  hours  up  the  noble  river  to  llotterdam. 

From  Rotterdam  the  tour  of  the  chief  Dutch  towns  was 
made,  always  travelling,  and  with  much  pletisure,  by  canal. 

Why  Holland  had  been  selected  for  the  Chief  Baron''s  first 
tour  abroad,  the  journal  does  not  say.  Probably  the  old 
educational  connection  between  Scotland  and  tlie  Dutch 
universities  had  to  do  with  it.^  His  father  and  his  grandfather 
had  been  educated  in  Holland,  and  he  had  been  brought  up 
in  a  house  where  the  library  shelves  were  stored  with  Dutch 
editions  of  the  classics  which  they  had  collected  ;  and  ajmrt 
from  the  other  sights  of  Holland  which  would  strike  any 
stranger,  he  regarded  the  University  towns  with  peculiar  in- 
terest. For  instance,  on  arriving  at  Leyden,  he  goes  straight 
to  the  chief  bookseller^s  shop,  where  he  sees  many  editions  of 
the  classics  for  sale,  and  on  his  walk  through  the  town,  student 
life  appears  through  the  notice  in  Latin  on  the  walls  of  the 
houses,  Ciibiada  locanda.  It  was  vacation-time  at  the  Uni- 
versity, but  Dr.  Haldane  purchased  a  copy  of  the  Prospectus 
of  Lectures  about  to  be  delivered,  with  the  days  and  hours, 
all  in  Latin.  They  visited  the  Museum,  College  Hall,  and 
Library,  where  the  librarian  wondered  at  the  Chief  Baron's 
repeating  part  of  the  Proemium  of  Justinian's  Institutes,  and 
said  he  must  he  an  adept  in  civil  law. 

At  Haarlem,  besides  the  great  organ,  the  Chief  Baron's 
affections  were  divided  between  the  copy  of  Coster's  Speculntn 
Christianw  Salvationist  printed  in  1440,  and  a  collection  of 
tulip  and  Hyacinth  roots,  "all  very  high  priced,"  which  he 
bought  for  the  garden  at  Amiston. 

In  Amsterdam,  the  hotels  in  1817  bore  the  same  character 
for  high  charges  they  still  maintain,  the  bill  at  the  Doelen 


*  On  this  subject,  see  Dr.  Carlylis  Autobiography ^  Chapter  IV. 


286  ARNISTON  MEMOIRS.  [1817. 

being  pronounced  "  enormous  and  extravagant.''  Besides  the 
ordinary  sights  of  the  town,  the  Chief  Baron's  country  gentle- 
man"'s  instinct  led  him  to  visit  the  prison,  a  thing  which  few 
travellers  at  that  day  would  have  done ;  and  he  seems  to  have 
been  much  struck  with  its  bad  management. 

The  party  left  Amsterdam  by  canal  as  usual,  the  boat 
coming  under  the  windows  of  the  hotel  to  take  them  and  their 
luggage  on  board.  "  We  dined,"  says  tlie  journal,  "  at  Slosten- 
dam,  a  nice  country  inn  on  the  side  of  the  canal,  and  thence 
passed  through  a  succession  of  gardens,  villas,  and  trees ;  most 
enchanting ;  the  families  were  all  in  their  summer  pavilions  on 
the  bank  of  the  canal,  drinking  their  coffee,  and  we  bowed  to 
each  other  as  we  passed.  Let  not  the  Dutch  taste  be  ignorantly 
vilified  and  despised,  as  it  is  by  fools  among  us  at  home.  In 
such  a  country  it  is  undoubtedly  not  only  the  best,  but  the 
only  possible  style  of  ornamental  gardening.  Also  let  no  one 
think  of  travelling  in  Holland  in  summer  or  in  fine  weather  in 
any  other  way  than  by  water,  the  beauties  of  the  country  can  be 
seen  in  no  other  way."  After  sailing  or  tracking  through  shrub- 
beries and  pleasure  grounds,  on  a  beautiful  evening  the  party 
reached  Utrecht  after  dusk.  The  gates  were  shut,  but  a  trifle 
opened  them,  and  they  tracked  along  the  canal  to  the  landing- 
place,  close  to  the  hotel  where  beds  had  been  secured  for  them. 

At  Utrecht,  the  pleasant  tracking  along  canals,  through 
shrubberies  and  pleasure  grounds,  came  to  an  end,  and  tlie 
journey  to  Rotterdam,  through  Gouda,  was  performed  by  road. 

At  Rotterdam,  General  Dundas  and  Sir  William  Rae 
quitted  the  party,  and  embarked  at  the  Brille  on  their  return 
to  Scotland,  while  the  others,  in  a  barouche  with  three  horses, 
started  with  the  intention  of  making  their  way  to  Berlin.  But 
at  Gorcum  the  Chief  Baron  became  so  unwell  that  the  journey 
to  Berlin  had  to  be  given  up. 

The  party,  now  reduced  to  the  Chief  Baron,  his  son,  and 
Dr.  Haldane,  travelled  leisurely,  halting  at  Antwerp,  Ghent, 
and  other  places  of  interest,  and  arriving  at  Brussels  at  the 
end  of  August. 

They  found  Brussels  so  full  of  strangers,  that  they  had 
some  difficulty  in  finding  apartments — crowds  of  English,  and 
visitors  from  all  parts  of  Europe.  On  the  morning  after  his 
arrival,  the  Chief  Baron  notes  that  he  met  Cambaceres,  Sieyes, 


i8i7.]  VISIT  TO  WATERLOO.  887 

and  David  walking  together,  the  first  l)eing  the  most  alnmiin- 
able-Iooking  ruffian  lie  had  ever  set  eyes  on. 

After  a  short  halt  at  Brussels,  the  party  went  on  to 
Waterloo,  to  which  a  long  visit  was  paid.  At  this  distance  of 
time  a  flying  visit  on  a  fine  summer  day  is  usually  all  that  is 
devoted  by  the  traveller  to  his  excursion  to  Waterloo.  But  a 
visit  to  the  field,  coming  so  soon  after  the  great  battle  itself* 
by  ])eople  who  were  deeply  sensible  of  the  relief  the  overtlirow 
of  Buonaparte  had  given  to  their  country,  and  who  felt  the 
blessing  of  the  cessation  of  the  struggle  for  existence  in  which 
it  had  been  so  long  engaged,  together  with  sorrow  for  the 
death  of  friends,  yet  fresh,  nuule  a  visit  to  the  field  of  Waterl(H> 
a  subject  of  the  deejjest  interest. 

It  will  not  be  surprising,  therefore,  that  the  Chief  Baron 
spent  the  afternoon  of  the  day  of  his  arrival  at  Waterloo,  the 
whole  of  the  next  day,  and  half  of  the  following  day,  in 
tracing  the  course  of  the  struggle,  upon  the  ground,  and  that 
tlie  record  of  the  impressions  made  upon  him  occupies  a  large 
space  in  his  journal. 

The  two  nights  of  their  stay  near  the  battle-field  were  spent 
at  the  little  inn,  the  Roi  d'Espagne,  at  Gemappes,  whose  land- 
lord was  a  farmer,  and  the  inn  the  farm-house  and  offices.  At  the 
time  of  the  battle  the  Koi  d'Espagne  underwent  rapid  changes  of 
occupants.  On  the  16th  of  June  the  Duke  of  Wellington  slept 
in  it,  on  the  17th,  Jerome  Buonaparte,  and  on  the  18th,  at  ten  at 
night,  arrived  the  veteran  Blucher,  and  took  up  his  quarters  in 
it.  He  supped  and  then  smoketl  his  pipe  until  two  in  the  morn- 
ing, when  he  went  to  bed.  He  rose  late,  not  until  after  ten  next 
morning,  and  immediately  marched  with  the  Prussian  army. 

After  the  visit  to  Waterloo  the  travellers  continued  their 
journey  to  Spa,  which,  like  Brussels,  was  full  of  English  visitors, 
all  enjoying  the  opening  up  of  the  Continent,  from  which  war 
hatl  so  long  excluded  them. 

After  a  fortnight  at  Spa  spent  among  the  many  friends  he 
met  there,  the  Chief  Baron,  his  son,  and  Dr.  Haldane,  travelled 
on  to  Frankfort,  and  thence  to  Mayence,  descending  the  Rhine 
in  a  boat,  a  voyage  to  which  a  word  or  two  may  l>e  given. 

T^ie  Journal  says : — 

"  Mayence^  Sept.  28. — Hired  a  boat  with  two  boatmen  to 
carry  us  down  the  Rhine  to  Cologne  for  five  louis-dW. 


288  ARNISTON  MEMOIRS.  [1817. 

"  Sept.  29. — Weather  fine.  Sailed  in  our  canoe  from  below 
the  bridge,  and  had  a  delightful  day  gliding  down  the  stream 
of  this  noble  river.  Below  Bingen  we  passed  one  of  the  falls 
of  the  Rhine ;  the  current  is  strong  and  rapid,  and  from  the 
rocky  bottom  of  its  bed  causes  a  strong  and  tumultuous  stream 
like  a  mill-race.  We  passed  this,  and  several  smaller  falls  lower 
down  with  great  rapidity,  but  no  danger,  our  boatmen  always 
keeping  near  the  shore,  and  out  of  the  surge  of  the  river.  We 
landed  at  Caub,  thirty  miles  from  Mayence,  six  hours  sail,  and 
slept  there.  Several  Rhine  vessels  going  upstream  passed  us 
to-day ;  one  towed  by  thirteen  horses  arrived  this  evening  and 
moored  under  our  windows. 

"  Sept.  30. — Cold  wind  and  heavy  rain  which  lasted  all  the 
way  to  Coblentz.  Below  St.  Goar  we  passed  through  a  strong- 
fall  of  water,  eddy  and  whirlpool,  dangerous  to  boats  such  as 
we  were  in,  if  not  well  managed.  It  seemed  to  me  to  resemble 
the  fall  of  the  Thames  at  London  Bridge  near  low  water. ^ 

"  Coblentz^  Oct.  1. — Rain  falling  so  heavily  that  it  was 
eleven  o'clock  before  we  could  embark,  when  it  cleared  a  little, 
and  we  proceeded  on  our  voyage.  At  Andernach  there  was  a 
toll  of  one  franc  to  pay.  The  toll-keeper's  office  was  shut,  and 
he  was  gone  to  his  dinner.  We  went  to  his  house  a  few  doors 
off  with  the  franc,  but  he  refused  to  take  it,  and  kept  us  wait- 
ing until  he  opened  his  office  two  hours  later.  The  rain  con- 
tinued to  fall,  but  that  did  not  prevent  our  enjoying  the 
scenery  from  Andernach  down  to  Lintz,  where  we  landed  for 
the  night.  The  host  of  the  inn,  a  German,  had  been  seized 
during  the  war  by  the  French  as  a  conscript,  and  sent  to  serve 
in  their  army  in  Spain.  At  the  peace  he  was  discharged,  and 
had  returned  to  his  native  village.  He  and  his  wife  were  civil 
people,  but  the  fare  at  their  house  was  bad  ;  a  piece  of  stinking 
chevreuil,  a  starved  chicken,  and  two  snipe,  formed  our  dinner, 
but  the  bread  was  excellent,  and  the  red  Aar  wine  good  of  its 
kind. 

"  October  ^d. — Left  Lintz  in  the  canoe  this  morning.  The 
wind  was  strong  from  the  north,  and  dead  against    us ;  we 

1  The  bed  of  the  Rhine  has  been  greatly  unproved  since  1 81 7,  by  the  removal 
of  the  dangerous  rocks  which  caused  the  falls.  Of  course  the  reference  is  to  Old 
London  Bridge. 


i8i7.]  REVIEW  AT  DOUCHY.  28() 

sufferetl  much  from  cold.  I^uuled  at  Colojijiie  after  a  six  lioiirs'' 
siiil,  where  our  coachman  had  arrived  on  the  preceding  evening?, 
ami  had  secured  rooms  for  us  at  the  ('our  Imperiale/' 

On  his  way  from  Colo^rne  to  (  ahiis  the  Chief  Haron  halte.l 
a  few  (hiys  at  Valenciennes,  round  which  the  British  army  of 
occuj)ation  was  quartered,  and  had  the  good  fortune  to  come 
in  for  a  grand  review  of  the  troops.     He  says : — 

*' Or/.  15. — Set  out  at  nine  for  the  review.  Al)out  eleven 
reached  Douchy,  where  we  saw  the  army  drawn  up  on  the 
heiglit  hetween  that  village  and  Houchain.  At  half-past  eleven 
the  Duke  appeared  on  the  field,  and  after  he  hml  ridden  up 
and  down  the  line,  the  manceuvres  hegan.  We  drove  to  the 
knoll  ahove  Douchy,  from  which  we  had,  on  a  fine  day,  a  full 
view  of  the  most  im|)ressive  sight  I  have  ever  witnessed. 
Ahout  tlijrty  thousiuul  men  were  on  the  field,  all  in  the  highest 
order,  and  mostly  the  troops  which  had  fought  at  Waterloo ; 
the  sight  was  one  which  it  is  impossihle  either  to  describe  or  to 
forget. 

"  The  Duchess  of  Richmond  presented  me  to  the  Duchess  of 
Wellington,  and  I  had  an  invitation  from  the  Duke  to  dine 
with  him  that  day  at  Cambray,  which,  from  the  lateness  of  the 
hour  at  which  I  returned  to  Valenciennes,  it  was  out  of  my 
power  to  accept.*" 

From  Valenciennes  the  party  made  their  way  to  Calais, 
where  Dr.  Haldane  (piitted  them  to  return  to  Scotland. 

The  Chief  Baron  had  obtained  leave  of  absence  to  winter  in 
Italy,  and  it  had  l)een  arranged  that  Mrs.  Dundas  and  his  two 
daughters  should  meet  him  at  Calais  on  the  way  there.  He 
had  written  iier  full  directions  about  what  was  wanted  for  the 
journey,  some  of  which  sound  amusing  now. 

She  is  told  to  bring  as  little  baggage  as  possible  with 
her.  If  she  can  do  without  the  Imperial,  or  half  of  it,  they 
would  be  enabled  in  the  South  to  keep  the  carriiige  open, 
which  would  be  a  great  pleiisure  to  them  all.  Clothing  of  all 
kinds,  exce})t  linen,  wtus  to  l)e  bought  abroad  iis  needed.  She 
was  told  to  bring  two  or  three  large  tea-cups  with  her,  for  in 
Itiily  "  they  have  no  cups  larger  than  a  thimble ;  the  ca.se  of 
knives  and  forks  is  also  most  reciuisite."*' 

Armed    with    these    instructions,    Mrs.    Dundas    and    her 


290  ARNISTON  MEMOIRS.  [1817. 

daughters  made  their  way  to  Dover,  embarked  in  the  packet 
on  one  day  at  noon,  and  after  knocking  about  all  niglit  off 
Calais,  got  into  the  harbour  on  the  following  morning.  She 
had  brouglit  with  her  the  family  coach,  a  ponderous  vehicle ; 
in  addition  to  which  a  caleche  was  bought  at  Calais,  and  with 
these  conveyances  the  family  began  the  journey  to  Rome. 

The  journey  from  Calais  to  Paris  occupied  four  days,  on  the 
last  of  which,  from  Breteuil  to  Paris,  they  were  in  the  carriage 
from  half-past  seven  in  the  morning  to  seven  at  night,  with 
only  a  few  minutes^  halt  at  a  cook's  shop  at  Lesarches,  where 
for  iive  francs  they  had  as  much  as  they  could  eat. 

After  a  week  spent  in  Paris,  in  sight-seeing,  theatre-going, 
and  visiting  friends,  the  journey  was  recommenced  on  the  31st 
of  October,  when,  owing  to  a  breakdown  of  the  caliche,  Essonne 
was  the  limit  of  the  first  day's  journey.  Turin  was  reached  on 
the  14th  of  November,  a  fortnight's  journey  from  Paris,  devoid 
of  incident  beyond  the  squabbles  with  postilions  and  the 
differences  with  postmasters  as  to  numbers  of  horses  to  be 
taken,  matters  of  course  in  pre-railway  days.  Up  the  steep 
road  over  the  Mont  Cenis,  the  modern  road  in  some  places 
being  only  in  course  of  formation,  the  family  coach  was  dragged 
by  a  team  of  eight  horses,  a  novel  sight  to  travellers  whose 
longest  journeys  had  been  from  Scotland  to  Devonshire. 

Southwards  from  Turin,  the  route  followed  was  by  Bologna 
and  the  shores  of  the  Adriatic  to  Loretto,  encountering  the 
furious  blasts  of  wind  and  rain  frequently  met  with  towards 
the  close  of  autumn  in  Italy.  Swollen  by  the  rain  the  torrents 
which  had  to  be  forded  were  coming  down  like  broad  and 
impetuous  riveis.  Two  visits  were  paid  to  the  Santa  .Casa  at 
Loretto,  lately  robbed  by  the  French'  of  its  ancient  treasures, 
even  down  to  the  candlesticks  required  for  the  church  service. 

From  Loretto  the  journey  was  continued  to  Tolentino  and 
across  the  Apennines  to  Rome;  and  at  the  mountain  inns  they 
met  with  very  indiff*erent  accommodation.  "  On  one  evening," 
the  Journal  narrates,  "  we  reached  Valcimara,  a  most  miserable 
place,  but  where  we  had  to  halt  for  tlie  night.  We  got  some 
weak  soup  and  hard  mutton  for  dinner — the  wine  was  execrable, 
and  they  had  no  spirits  of  any  sort,  no  milk,  nor  sugar,  only 
some  indifferent  coffee.  There  was  no  firewood  beyond  roots 
of  vines,  and  some  sticks  plucked  from  a  dead  fence  near  the 


i8i8.]  WINTER  IN  ITALY.  «9l 

inn  door.  The  filth  of  the  house  wtis  extreme,  no  glass  in 
the  window,  and  this  on  a  tohi  frosty  nifjjht,  with  the  nioun- 
buns  facing  us  covered  with  snow,  and  in  my  room  neither  fire 
nor  fireplace.  We  retired  to  tiie  aiM)minal)le  heds  longing  for 
next  day." 

At  tliat  late  time  of  year,  the  hust  days  of  November,  the 
higher  })arts  of  the  roiul  were  covered  with  ice  and  beaten 
snow,  slippery  and  gla-ssy,  and  very  unpleasant  for  travelling 
upon.  The  plain  at  the  sunnnit  of  the  mountains  was  deep 
in  snow,  in  some  parts  so  deep  that  the  postilions  had  to  leave 
the  road  and  drive  over  the  open  ground  ;  in  others  nearly  as 
high  iis  the  windows  of  the  carriage.  But  at  hust  the  mountain 
was  crossed,  and  in  three  days  more  the  jmrty  reached  Rome, 
the  time  occu])ied  on  the  journey  from  Paris  to  Rome,  short 
halts  included,  having  been  a  few  days  over  a  montii. 

Naples  was  intended  to  he  the  halting-place  for  the  first 
half  of  the  winter,  so  after  a  week^s  rest  in  Rome,  the  ])artv 
were  tigain  upon  the  road.  Tiiey  slept  at  Terracina,  where 
were  also  their  friends  Colonel  Herries  and  Captain  Gordon. 
The  two  latter,  instead  of  sleeping  at  Terracina,  set  off  about 
seven  in  the  evening  to  travel  all  night  to  Naples.  Soon  after 
leaving  Terracina,  and  half  way  between  two  picquet  guards^ 
posted  only  half  a  mile  apart,  Herries  and  Gordon  were 
attacked  by  five  robbers,  who  fired  at  the  carriage,  and  danger- 
ously wounded  the  postilion,  strip])ing  the  gentlemen  of  their 
money  and  watches. 

Next  morning  the  Chief  Baron  and  his  family  left  Terra- 
cina, and  on  coming  up  to  the  place  where  Colonel  Herries 
had  been  robbed,  found  the  wounded  postilion  still  there.  A 
little  later  a  soldier  brought  a  letter  from  the  Colonel  mention- 
ing the  affair,  and  saying  he  had  got  on  to  Fondi.  On  arriving 
there,  the  Chief  Baron  found  him,  and  supplied  him  with 
money  for  continuing  his  journey. 

And  here  the  extracts  from  the  Journal  may  cease.  They 
have  been  made  with  the  object  of  showing  how  a  Scottish 
family  made  its  way  across  the  Continent  seventy  years  ago. 

liut  the  object  of  the  journey,  the  restoration  of  the  Chief 
Baron's  health,  was  unsuccessful.  He  spent  the  winter  at 
Naples  and  Rome,  returning  homewards  in  the  following 
summer  through  Switzerland,  a  suffering  invalid. 


592  ARNISTON  MEMOIRS.  [1819. 

Early  in  the  summer  of  1819,  and  not  long  before  his 
death,  the  Chief  Baron  resigned  his  office.  Lord  Sidmouth, 
who  was  then  Home  Secretary,  in  acknowledging  the  resigna- 
tion, expressed  liis  regret  that  the  state  of  Mr.  Dundas's  liealth 
obliged  him  to  deprive  the  public  of  his  services. 

After  this  he  grew  rapidly  worse,  until,  on  the  17th  of 
June  1819,  lie  died  quietly  at  Arniston. 

Besides  his  eldest  son,  Robert,  who  succeeded  liini  in  the 
family  estate,  he  had  four  children — Anne,  married  to  Mr.  John 
Borthwick  of  Crookston ;  Henry,  Vice- Admiral  in  the  Navy ; 
William  Pitt,  Deputy  Clerk  Register  of  Scotland  ;  and  Joanna, 
wife  of  Mr.  George  Dempster  of  Skibo. 

The  personal  appearance  of  Cliief  Baron  Dundas  has  been 
already  described.^  His  portrait,  painted  by  Raeburn  in 
1795,  bears  out  the  description.  His  statue,  from  the  chisel 
of  Chantrey,  stands  in  the  north-east  comer  of  the  Parliament 
House,  almost  under  the  shadow  of  that  of  his  famous  uncle 
Henry.  But  in  the  statue  there  is  an  expression  of  pain,  or, 
at  all  events,  of  weariness,  which  his  features  did  not  wear 
<hiring  the  active  period  of  liis  life.  "  If  Chantrey  ever  saw 
Inm,'"*  says  Lord  Cockburn,  "  it  must  have  been  when  lie  was 
dying,  a  state  which  lasted  some  years." 

But  about  Chantrey's  having  seen  Chief  Baron  Dundas, 
there  is  no  doubt,  for  he  visited  him  at  Arniston,  though,  as 
Lord  Cockburn  correctly  states,  it  was  when  he  was  in  failing 
health. 

Throughout  his  life,  apart  from  politics  and  from  official 
duty,  the  main  subject  of  interest  which  engrossed  the  mind 
of  Chief  Baron  Dundas  was  the  improvement  of  the  family 
estate  and  the  adornment  of  its  pleasure  grounds.  He 
farmed  largely  himself,  and,  independently  of  the  home  farm, 
frequently  had  other  farms  on  hand  which  he  improved  and 
remodelled  before  letting  them  to  tenants.  Nor  were  his 
efforts  for  the  improvement  of  agriculture  confined  to  what 
was  doing  on  his  own  estate.  As  a  public  man  he  employed 
the  personal  influence  he  possessed  in  furthering  the  plans 
which  from  time  to  time  were  proposed  for  the  improvement 
of  the  country.  And  in  particular  it  may  be  noted  that 
Chief  Baron  Dundas  was  one  of  the  original  Vice-Presidents 

^  Supra^  p.  219. 


294  ARNISTON  MEMOIRS.  [1819. 

of  the  Highland  and  Agricultural  Society  at  its  formation 
in  1784. 

The  time  during  which  Chief  Baron  Dundas  was  pos- 
sessor of  Arniston,  from  1787  to  1819,  happened  also  to  be 
peculiarly  favourable  for  agricultural  improvement,  and,  under 
the  stimulus  of  war  prices,  the  progress  of  agriculture  in 
the  Lothians  was  rapid  beyond  example.  In  less  than  a 
quarter  of  a  century  the  face  of  the  country  was  so  to  speak 
remodelled,  and  it  became  difficult  to  recognise  in  the  large 
farms  with  symmetrical  enclosures,  and  substantial  buildings 
sheltered  by  thriving  plantations,  the  land  of  treeless  waste  and 
turf-covered  hovels.  The  no  less  rapid  march  of  mechanical 
invention  hastened  the  separation  of  manufactures  and  agricul- 
ture, which  by  the  beginning  of  the  nhieteenth  century  may  be 
said  to  have  been  complete.  "  In  nothing,"  writes  the  author 
of  the  Survey  of  Midlothian  in  1793,  "  is  there  a  more  striking- 
contrast  than  in  this,  that  every  article  of  family  maintenance 
which  was  formerly  maintained  at  home  is  now  purchased  in 
the  market  or  in  the  shop.  Not  only  the  different  articles  of 
clothing,  but  bread,  beer,  and  butcher's  meat  are  all  liad  from 
the  town."'  This  change  of  circumstances  was  not  confined  to 
the  farmer  and  his  family,  but  extended  to  their  labourers  as 
well.  The  old  farm-house  in  which  master  and  servants  lived 
together  was  replaced  by  a  dwelling-house,  suitable  for  the 
accommodation  of  the  master  and  his  family  alone,  the  labourers 
being  lodged  in  houses  detached  from  the  farm,  and  "larger, 
better  lighted,  and  warmer'"  than  tlie  cottages  of  former  days. 
These  new  cottages  were  "  built  of  good  mason-work  seven  or 
eight  feet  high  in  the  walls,  and  neatly  thatched  with  straw, 
in  some  cases  with  a  ceiling  and  timber  floor,  a  refinement 
which  in  the  present  spirit  for  convenience  and  embellishment 
is  likely  to  become  general.  In  size  these  houses  are  from  16 
to  18  feet  square,  which  is  found  sufficient  to  hold  the  furniture 
commodiously.''  .     ' 

The  buildings  for  the  shelter  and  accommodation  of  the 
stock  underwent  a  similar  change.  The  introduction  of  green 
crop  and  sown  grasses  into  the  rotation  of  the  farm,  and  the 
improvement  in  the  breeds  of  cattle  and  sheep  called  for  a 
more  connnodious  class  of  farm-steading.  Sheds  and  courts  for 
turnip  feeding  became  indispensable,  and  well-built  barns  for 


1819]  FARMING  FROM   1787  TO  ISIf).  «95 

containing  the  threshing  nmdiinet)  now  coming  into  general  use 
in  the  south  of  Scotland.  I'he  ohl  huil(lin<^s  of  rou^h  stone, 
thatch  covered,  and  phtstered  with  day  or  mortar,  were  rephiced 
by  regular  nuuson-work,  with  tile  or  slate  roofing,  the  improve- 
ments on  the  internal  fittings  being  on  a  corres|K)nding 
scale. 

Chief  Haron  Dundas  lived  to  see  the  completion  of  one 
great  improvement  u|)on  his  estate — the  enclosure  of  the  arable 
land.  In  the  Charter-room  at  Arniston  there  is  a  beautifully 
executed  map  of  the  |)art  of  Midlothian  lying  between  Dalkeith 
and  Heriot,  drawn  by  General  Hoy,  and  presented  by  him  to 
President  Dundjis  sometime  alM)ut  the  year  1755,  on  which  all 
the  enclosures  then  existing  are  accurately  laid  down.  At  that 
time  Roslin  stood  u|K)n  the  eil^^e  of  the  enclosed  land,  and 
although,  owing  to  the  close  succession  of  mansion-houses 
u[K)n  the  North  Esk  from  Roslin  down  to  Dalkeith,  and  with 
Dalhousie  and  Newbattle  on  the  South  Ksk,  only  a  short 
distance  from  them,  parks  and  home  farms  covered  that 
district  with  enclosures,  yet  a  large  extent  of  ground  is  shown 
as  unenclosed  even  so  low  down  the  country  as  Loanhead  and 
Lugton.  Arniston  witii  its  enclosures  stood  like  an  oasis  in 
the  midst  of  the  high  country  desert  of  bare  unenclosed  land. 

Systematic  land  drainage  cannot  be  said  to  have  existed, 
in  Scotland  at  least,  until  the  time  of  Smith  of  Deanston  ; 
but  along  with  the  work  of  enclosing  and  building,  a  con- 
siderable amount  of  drainage  work  was  done  in  Midlothian 
towards  the  close  of  last  century,  j)rincipally  in  marshy  places 
where  outlets  could  be  got  for  the  springs.  From  the  Arniston 
estate  lx)oks  the  drains  would  seem  to  have  been  from  two  to 
three  feet  deep,  half  filled  with  small  stones,  covered  with  a 
layer  of  straw,  the  cost  for  cutting  being  3d.  to  4d.  per  rood 
of  six  yards.  The  main  drains  were  built  conduits  of  stone, 
carefully  formed,  and  in  many  instances  running  as  clearly  now 
as  when  first  built.  But  it  was  still  thought  more  profitable  to 
plant  )X)or  wet  land  than  to  improve  it  for  agriculture.  In  a 
plan  of  Arniston  made  in  1791,  the  damp  land  is  described  as 
"  )x>or  wet  land  which  ought  to  be  planted,^  any  lantl  being 
thought  good  enough  for  trees. 

Of  course  these  outlays  u}K)n  enclosing,  building,  planting, 
and  draining  were  not  made  without  a  heavy  outlay.     But 


296  ARNISTON  MEMOIRS.  [1819. 

prices  of  produce  were  high,  rents  rose,  and  landowners  and 
farmers  both  prospered. 

The  narrative  wliicli  Chief  Baron  Dundas  wrote  of  the 
improvements  made  by  himself  and  liis  predecessors,  and  from 
which  quotations  Iiave  frequently  been  made  in  the  earlier 
pages  of  this  volume,  is  prefaced  with  the  following  remarks  : — 

"  Having  collected,  when  a  boy,  from  my  father's  con- 
versation, and  to  the  accuracy  of  whose  memory  I  can  (as 
Arnot  does  in  his  Crimhial  Laiv)  bear  tlie  fullest  testimony, 
a  variety  of  particulars  relative  to  the  age  of  tlie  different 
woods,  plantations,  and  trees  at  Arniston,  I  have  felt  it  right 
and  proper  to  commit  tliese  to  paper,  and  to  leave  tliis  book 
in  the  Charter  Room  there,  not  only  for  the  information  of 
our  posterity,  but  that  they  may,  I  liope,  be  encouraged  by 
tlie  example  of  their  ancestors,  to  continue  to  protect  those 
to  which  they  have  succeeded,  and  to  extend  them  as  regularly 
and  progressively  as  we  have  done :  assuring  tliem  most 
solemnly  that,  after  tliirty  years'  experience,  no  pleasure  is 
to  be  compared  with  that  wliich  a  man  enjoys  in  contem- 
plating the  woods  he  has  planted,  and  sees  yearly  advancing 
in  their  progress,  especially  if  to  that  is  joined  a  taste  for,  and 
cultivation  of,  literary  pursuits,  and  a  conscientious  endeavour 
to  discharge  the  duties  of  life  honestly  and  virtuously.  I  have 
subjoined  to  this  narrative  an  exact  account  since  the  year 
1800  of  all  tlie  timber  I  have  cut  and  disposed  of,  with  the 
sums  of  money  I  have  actually  received,  that  my  descendants 
may  see  that  their  own  interest  is  deeply  concerned  in  continu- 
ing that  attention  to  their  woods,  which  I  earnestly  recommend. 
They  will  reap  the  benefit  of  those  acorns  I  am  now  committing 
to  the  ground,  and  receive  the  value  of  those  seedlings  which 
are  now  planting  out  from  my  nurseries,  as  I  am  now  enabled 
to  defray  all  the  expenses  of  these  and  other  more  extensive 
embellishments  and  improvements  by  the  sale  of  trees  planted 
by  my  great-grandfather,  who  above  a  century  ago  commenced 
those  plantations,  which  his  son  and  his  grandson  so  wisely 
cherished  and  extended.'' 

At  the  close  of  last  century,  when  the  Chief  Baron  was 
carrying   out   his   improvements,   the   old    Parliament   House 


i8,9.] 


[MPUOVKMENTS  AT  ARNISTON. 


297 


at  E(iinl)urgh  was  bein^  rebuilt.     No  care  was  taken  to  pre- 
serve the  characteristic  carviiippt  with  which   its  masonry  hml 


GARDEN   GATE   BUILT  OF  STONES   FROM    THE   OLD   PARLIAMENT   HOUSE 

{except  the  Mask  on  the  top). 

been  enriched.  These  were  treated  as  mere  rubbish.  J^ut  the 
Chief  Baron,  in  order  to  preserve  a  part  at  least  of  that  old 
buildintr  witli  which   his  family  hml  l)een  so  long  connected, 


298 


AHNISTON  MEMOIRS. 


[1819. 


brought  many  cartloads  of  the  old  stones  to  Arniston,  where 
they  were  used  for  ornamental  doorways  and  bridges  about  the 
pleasure  grounds.  In  particular,  the  Royal  Arms  were  built 
into  the  new  pediment  by  whicli  the  tame  and  unbroken  out- 
line of  the  soutli  front  of  Arniston  house  was  being  relieved. 

The  Cliief  Baron"'s  love  of  old  associations  also  led  to  the 
erection  of  tlie  pillars  of  wliicli  a  woodcut  is  given  below. 
"  The  pillars  of  that  gate,*"  lie  writes  in  his  ]\IS.,  "  witli  the  two 


BEECH  AVENUE  GATE,  WITH  PILLARS  TAKEN  FROM  NICOLSON  i^TREET. 


lions  on  the  top  of  them,  stood  in  front  of  Mr.  Mitchelson^s, 
afterwards  Dr.  Bennet's,  house,  in  Nicolson  Street,  and  were 
purchased  by  me  for  twenty  guineas.  They  were  erected  when 
I  was  a  boy  at  the  High  School  about  1766  or  1767,  and  it  was 
one  of  the  first  houses  in  that  street.''  He  had  to  pass  tlie 
pillars  on  his  way  to  school,  and  as  Edinburgh  grew,  the  house 
to  which  they  belonged  was  pulled  down,  and  so  he  bought  his 
old  friends  and  put  them  up  at  Arniston. 


i8i9.]  THE  CHURCH  OF  BORTHWICK.  899 

The  old  church  of  Horthwick,  which,  tus  we  have  already 
seen,  liad  fallen  into  a  niitious  state  when  the  vestry  was 
bought  by  Sir  James  Duiulas  in  IGOG,^  was  destroyed  by 
fire  about  tiie  year  1780.  The  church  which  was  erected, 
after  the  fire,  to  re})lace  the  old  building,  was  a  hideous 
Imm-like  structure,  relieved  outside  by  a  pitiful  little  belfry. 
Inside,  this  second  church  was  as  Imre  as  a  l)arn,  a  gallery 
at  each  end,  the  pulpit  in  the  centre  of  the  south  wall, 
and  facing  it  a  platform  on  which  wius  phu'ed  a  large  |)ew 
with  chairs  and  a  fireplace  for  the  Arniston  family.  A 
monument  to  the  second  President  Dundas  sto<Ml  over  the 
chimney-piece. 

On  the  church  wall  were  fixed,  on  each  side  of  the  pulpit, 
large  frames  containing  the  Ten  Connnandments,  I^)rd''s  Prayer, 
and  Creed,  and  on  the  back  panel  of  the  pulpit  there  was 
painted  a  cross  about  two  feet  high.  The  following  anecdote 
in  the  Life  of  Barha?n,  author  of  the  In^vldsb/j  Lc^'iidsy  ex- 
plains how  these  ciime  to  be  part  of  the  fittings  of  a  Scottish 
Church  : — 

"Meg  Dodds,  described  in  St.  Ronans  Well,  is  a  Mrs. 
Wilson,  who  keeps  the  inn  at  Fushie  Bridge,  the  first  stage 
from  Edinburgh  on  the  road  to  Abbotsford.-  She  adores  Sir 
Walter  (Scott),  and  when  Dr.  and  Mrs.  Hughes  were  detained 
for  want  of  horses,  finding  out  accidentally  that  they  were 
friends  of  his,  she  without  any  scruple  ordered  those  which 
were  l)espoken  for  a  gentleman,  then  on  his  way  to  dine  with 
l^rd  Melville,  to  be  put  to  their  carriage.  Mrs.  Wilson  is  a 
strict  Presbyterian,  and  once  complained  to  Sir  Walter  that 
*  tho'  he  hml  done  just  right  by  being  so  nuich  with  Arniston,"'^ 


'  .Su/>ra,  p.  6. 

-  '*  Dined  at  Fushie  Bridge.  Ah  !  good  Mrs.  Wilson,  you  know  not  you 
are  likely  to  lose  a  good  customer!"  wrote  Scott  in  1827,  to  which  Ix)ckhari 
adds  :  "  Mrs.  Wilson,  landlady  of  the  Inn  at  Fushie — an  old  dame  of  some 
humour,  with  whom  Sir  Walter  always  had  a  friendly  colloquy  in  passing.  I 
l)elieve  the  charm  was,  that  she  had  passed  her  childhood  among  the  Gipsies 
of  the  border.  But  her  fiery  Radicalism  latterly  was  another  source  of  high 
merriment." — Lockhart's  Lt/e  0/ Scoff,  vol.  vii.  p.  86. 

^  "The  Chief  Baron,  my  early,  kind,  and  constant  friend,  who  t«x)k  me  up 
when  I  was  a  young  fellow  of  little  mark  or  likelihood." — Lockhart's  /J/c  of 
Scott,  vol.  iv.  p.  336. 


300 


ARNISTON  MEMOIRS. 


[1819. 


yet  that  tlie  latter  had  grievously  oftended  her.  '  He  had  pit 
up,"  she  said,  '  in  the  kirk  the  Lord's  Prayer  and  the  Ten  Com- 
mandments, and  when  a  remonstrance  was  sent  to  him  against 
such  idolatry,  he  just  answered  that  if  tliey  didna  let  him 
alane,  he  would  e'en  pit  up  a  Belief  into  the  bargain.' "  ^ 


Life  of  Barham,  vol.  i.  p.  130. 


BRIDGE   MADE   OF   STONES    SAVED    FROM    THE   OLD    PARLIAMENT    HOUSE. 


CHAPTKH   XIII. 

KOIJKRT    DUNDAS    OF   AUNISTON. 

KoHKKT  DrxDAs,  eldest  son  of  the  Chief  Baron  Dunchts,  wiis 
l)orn  on  the  19th  of  June  1797,  at  his  father's  house,  No.  57 
George  Square,  Edinburgh. 

He  wiis  e(hicated  at  the  High  School  of  Edinburgh,  and  at 
Dr.  Bond's  at  Hanwell,  as  were  also  his  brothers  Henry  and 
William,  a  favourite  school  at  that  time  for  Scotch  l)oys. 
During  short  holidays,  when  the  length  of  the  journey  did  not 
permit  of  Robert  going  liome,  he  and  his  brothers  used  to  visit 
their  relations ;  Lord  Melville  at  Wimbledon,  William  Dundas 
in  Grosvenor  Street,  and  old  Sir  David  Dundas  at  Chelsea 
Hospital.  I^dy  Dundas  was  very  kind  to  the  boys ;  and  a 
portrait  of  her  husband  the  General,  now  at  Aniiston,  was 
given  by  her  to  the  Chief  Baron  in  exchange  for  a  water-colour 
of  the  bovs. 

After  leaving  Hanwell  Robert  Dundas  completed  his  studies 
by  a  course  of  lectures  at  Edinburgh  University. 

PVom  his  earliest  days  he  was  passionately  fond  of  field 
sj)orts,  although  at  the  beginning  of  the  present  century  there 
was  but  little  sport  to  be  had  in  the  lowlands  of  Scotland.  For 
nearly  four  hundred  years  an  Act  of  Parliament  had  been  nomi- 
nally in  force  which  forbade  the  slaughter  of  partridges,  nmir- 
fowl,  and  some  other  birds  from  Lent  till  August.  But  the 
close-time  thus  ordained  seems  to  have  been  but  little  observetl. 
In  the  Arniston  house-lM)oks  there  are  entries  of  payments  for 
j)artridges  in  March,  and  for  nniirfowl  in  July.  The  first 
President  Dundas,  writing  from  his  Highland  cjuarters  in  June 
1743,  says,  "Fishing  goes  on,  and  Tom  hath  taken  a  little 
touch  of  shooting,  but  Currie's  and  Vogrie^s  dogs  seem  good 
for  nothing."*^ 

The  first  mention  in  the  papers  at  Arniston  of  ])liea.sant.s 


302  ARNISTON  MEMOIRS.  [1797. 

there    is   in    1757,    when    tlie  following  entries   occur   in   tlie 
account  book  of  the  Second  President  Dinidas  : — 

Feb.  (),  1757.   l(y  Pheasants,      .  .£740 
10  Pheasant  hens,        .  4   10     0 

1758.  18  Pheasants,      .  .  7   I6     0 

1759.  Pheasants,      .         .         6   16'     6 

In  the  liouse-books  are  frequent  entries  of  barley  given  out 
for  the  "  pheasant  fowls.""  But  want  of  shelter  and  absence  of 
protection  from  vermin  rendered  unsuccessful  this  first  attempt 
at  naturalising  pheasants  in  the  Arniston  woods. 

Towards  the  close  of  the  eighteenth  century  greater  atten- 
tion was  turned  to  the  systematic  preservation  of  game.  Notices 
were  published  in  the  newspapers  by  many  of  the  landed  pro- 
prietors, among  others  by  Lord  Advocate  Dundas  of  Arniston, 
warning  poachers  that  they  would  be  prosecuted  according  to 
law,  and  hoping  that  no  gentleman  would  hunt  or  shoot  upon 
their  lands  without  leave.  An  association  of  Midlothian 
Heritors  was  formed  about  the  same  time  for  tlie  prosecution 
of  persons  trespassing  in  pursuit  of  game. 

The  winter  of  1794-5  was  very  severe,  occasioning  great 
destruction  of  the  breeding  stock  of  game,  at  that  time  small 
at  the  best.  At  a  meeting  of  the  Heritors  of  Midlothian  held 
within  the  old  Justiciary  Court-room  on  11th  July  1795,  it 
was  resolved  that  a  Jubilee  should  be  given  to  the  game  during 
the  ensuing  season.  The  meeting  also  resolved  to  enforce  the 
law  for  the  observance  of  close-time,  and  that  all  persons  trans- 
gressing the  law  in  that  particular  should  be  prosecuted,  with- 
out distinction.  In  the  advertisement  announcing  the  Jubilee, 
nmirfowl  and  partridges  are  specified  but  not  pheasants. 

The  summers  of  1795  and  1796  did  not  suffice  for  repairing 
the  damage  done  to  the  game  by  the  severe  winter  of  1794,  for 
on  August  3d,  1796,  the  Midlothian  Heritors  were  again  obliged 
to  resolve,  "  that  as  from  all  appearance  a  good  deal  of  corn 
would  remain  uncut  on  the  first  of  September,  and  that  the 
partridges  were  very  scarce  in  most  parts  of  the  county,  having 
not  yet  recovered  the  inclemency  of  winter  1794,  the  lieritors 
postpone  the  commencement  of  the  time  for  killing  partridges 
to  the  1st  of  October,  instead  of  the  14tli  of  September."' 

In  the  following  year,  1797,  pheasants  were  turned  out  in 


1797]  (JAMF^PKKSKHVING.  SOS 

Dalkeith  Park,'  aiul  proper  measures  having  I)eeii  taken  for  their 
preservation,  they  soon  spreml  over  the  a(r)oinin<»;  eountrv. 
The  Jissistanee  of  the  nei«i;hhoiirs  was  asked  by  an  intimation — 

"That  a  few  phejisiuits  have  hitely  l)een  turned  out  in 
Dalkeith  Park  with  an  intention  to  encourage  their  hreedinji; 
in  this  part  of  the  eountrv,  and  as  some  of  them  have  already 
been  seen  at  a  distanee  from  the  park,  it  is  earnestly  hoped 
that  the  <j;entlemen  in  the  County  of  Midlothian  and  the  neigh- 
bourhood will  trive  orders  to  their  gamekeepers  and  servants 
not  only  not  to  molest  the  birds,  but  to  afford  them  all  the 
protection  in  their  power— i^Hth  October  1797/' 

At  Arniston,  in  the  upper  district  of  Midlothian,  pheastints 
were,  in  1812,  turned  out  into  the  woods  above  the  meeting  of 
the  South  Ksk  and  Fullerton  liurn  ;  and  for  many  years  after- 
wards a  phejusiuitry  for  providing  a  breeding  stock  of  birds 
was  ke})t  up  at  Temple  Mill,  hut  from  the  entries  in  a  sporting 
diary  ke})t  by  Kobert  Dundas  in  1816,  the  pheasiuits  nuist  have 
increased  at  a  very  slow  rate.  From  the  12th  of  August  to 
the  end  of  October,  the  game  killed  by  his  own  gun  were  46 
grouse,  4  blackgame,  2  snipe,  78  partritlges,  and  2  pheasiints. 
Hits  and  misses  are  both  recorded  in  the  diary ;  and  the 
sportsman  seems  usually  to  have  had  from  six  to  twelve  shots 
in  a  day,  seldom  more,  and  frecjuently  less. 

The  following  letter  will  serve  to  illustrate  how  scarce  grouse 
were  on  the  Midlothian  and  Peeblesshire  hills  at  this  time : — 


Robert  Dundas  to  his  Brother  Henry. 

My  dear  Hen., — According  to  my  promise,  I  now  sit  down  to 
inform  you  of  my  success  at  the  muirs  this  year.  On  Saturday 
the  12th  Lord  Robert  Kerr^  and  I  set  out  from  Arniston  at  ()  in  the 
morning,  and  went  to  Outerston  Moss.  We  hunted  all  the  Moss 
and  grounds  near  it,  but  found  that  some  rascal  had  been  there 
before  us,  for  all  the  birds  were  scattered  about.  We  got  very 
few  shots,  and  each  slew  a  bird.  We  then  breakfasted  on  a  bottle 
of  beer  and  a  cold  duck,  and  then  crossed  the  hills.  We  hunted 
till  twelve  o'clock,  and  I  killed  another  bird.  We  lay  from  12 
till   1   on  the  ridge  of  the  hills  in  the  most  pelting  shower  I  was 


*  During  the  lifetime  of  Henry,  third  Duke  of  Huccleuch. 
2  Bom  1 780.     A  lieutenant-colonel  in  the  army. 


304  ARNISTON  MEMOIRS.  [1816. 

ever  out  in.  We  dined  at  4,  and  after  dinner  Lord  R.  killed  an 
old  cock  bird,  and  we  both  mauled  a  leveret ;  his  shot  struck  its 
head  and  mine  its  tail.  It  was  close  to  us,  and  was  killed  quite 
dead.  We  were  not  home  till  8.  On  Sunday  George  Suttie  and 
I  went  to  Colquhar.i  It  rained  all  Monday  till  4  o'clock,  but  we 
killed  2  brace  in  the  evening.  On  Tuesday  the  high  wind  made 
the  birds  so  wild  that  we  only  killed  2  brace,  and  on  Wednesday 
I  returned  to  Arniston  to  shoot  with  General  Wynyard  and  Lord 
R.  Kerr.  I  met  them  near  Castleton,  but  the  day  was  so  bad  that 
Captain  Napier  killed  but  one  bird,  I  killed  one,  General  Win- 
yard  a  hare,  and  Lord  Robert  3  brace.  On  Monday  Mr.  Hepburn - 
and  I  went  out ;  we  had  bad  sport.  I  got  but  one  shot,  he  got  3, 
and  killed  a  brace.  Bravo  has  proved  himself  to  be  an  incom- 
parable good  dog  for  muirfowl.  He  did  not  commit  two  faults 
the  whole  time.  I  have  likewise  got  the  loan  of  two  very  fine 
dogs  from  Baron  Clerk  called  Sal  and  Ponto.  There  has  been  a 
change  in  the  stud  here ;  Ann  has  got  Caleb,  and  I  have  got 
young  Hap  Hazard :  he  is  not  so  good  a  horse  as  Caleb,  but  a 
better  hunter.  Papa  desires  me  to  say  he  will  write  to  you  in  a 
day  or  two.  We  go  to  the  Highlands  on  Tuesday. — Believe  me, 
dear  Hen.,  ever  yours,  R.  Dundas, 

Arniston,  Thursday. 

Tlie  Midlothian  Coursing  Club,  an  institution  for  some 
time  intimately  connected  with  the  social  life  of  the  county, 
deserves  a  passing  notice  in  these  Memoirs.  For  many  years 
it  discliarged  the  double  duty  of  bringing  county  neighbours 
for  sport,  and  for  the  dinners  which  formed  an  important  part 
of  the  business  of  the  meetings,  and  which  usually  took  place 
at  the  Fushie  Inn  or  at  Dalkeith.  One  of  the  club  programmes 
for  the  year  1815  is  among  the  Arniston  papers,  from  which 
it  appears  that  the  Duke  of  Buccleuch  was  President  and  Lord 
Dalhousie  Vice-President.  The  spring  meeting  of  the  club,  it 
states,  is  to  be  held  at  Esperston  on  Tuesday  the  21st,  and  at 
the  Roman  Camp  on  the  22d,  of  February.  "The  club  will 
breakfast  at  Foushie  Bridge  on  the  morning  of  the  21st,  and 
will  dine  that  day  at  Davidson's  Inn,  Dalkeith,  at  five  o'clock  ; 

1  Sir  James  Suttie's  shooting  lodge  in  Peeblesshire.     George  Suttie  was  his 
eldest  son. 

2  Mr.  Hepburn  of  Clerkington.     Clerkington  was  soon  afterwards  sold  to 
the  Earl  of  Rosebery,  from  whom  it  received  the  name  of  Rosebery. 


1815]  MIDLOTHIAN  COURSING  CLUB.  S05 

and  on  the  22cl  at  Morrison's  Inn,  at  the  same  hour.^  Among 
those  who  owned  and  ran  «rreyhonnds  were  the  C.'hief  Baron 
Dundas,  Sir  Jolui  Tringle,  Sir  John  Dalryniplc,  The  Marquis 
of  Lothian,  Sir  John  Hope,  and  other  county  men.  There 
was  a  t  lul)  prize  of  fifteen  guineas  at  each  meeting,  sweepstakes 
of  one  guinea  each,  and  private  matclies.  In  the  early  days  of 
the  club,  friends  connected  with  the  county  by  relationship  or 
otiier  ties  were  admitted  as  honorary  members.  But  latterly, 
when,  from  various  auises,  fewer  of  the  county  gentlemen  kept 
greyhounds,  it  became  necessary,  for  the  purjx)ses  of  sport,  to 
iulmit  as  honorary  members  greyhound  owners  from  any  part 
of  Scotland.  The  meetings  were  good  as  coursing  meetings ; 
but,  owing  to  the  gradual  withdrawal  of  the  county  gentlemen, 
they  ceased  to  be  the  social  gatherings  they  once  hml  been. 
At  last  it  was  resolved  to  dissolve  the  club,  which,  after  a 
prosperous  existence,  had  outlived  the  purpose  for  which  it  hsA 
originally  been  founded. 

The  following  letter  was  written  while  the  meetings  were 
in  full  swing,  in  the  year  1815,  and  gives  an  account  of  the 
sixth  meeting  of  the  club,  when  the  cup  was  won  by  Mr. 
Robert  Graeme's  Needle.  Mr.  Graeme  was,  like  the  Chief 
Baron's  sons,  a  keen  courser,  and  his  sister,  Mrs.  Maxtone  of 
Cultoquhey,  used,  in  after  years,  to  tell  how,  on  one  occasion, 
lie  rode  from  Cultoquhey  to  Eskbank,  a  distance  of  between 
forty  and  fifty  miles,  at  midniglit,  returning  in  time  for 
breakfast,  simply  "  to  see  a  litter  of  Needle's  puppies."  ^ 

Robert  Dundas  to  his  Brother  Henry. 

31  George  Square,  February  12. 

Mv  DEAR  Hen., — It  is  a  very  long  time  since  you  and  I  have 

corresponded.     Now  I  think  it  would  be  better  for  both  parties 

that   the  said  correspondence  were  renewed,  so  without   saying 

who  broke  it  off,  I  thus  begin  it  again.     Yesterday  being  mild  and 

*  The  inscription  on  the  cup,  now  in  the  jxjssession  of  Mr.  Maxtone  Graham 
of  Cultoquhey,  is  as  follows  :  "At  the  sixth  meeting  of  the  Midlothian  Coursing 
Club,  begun  at  Esperston  on  the  8th  Novemlier  1814  and  continued,  by  several 
adjournments,  to  the  Roman  Camp,  till  the  nth  February  1815,  this  cup  was 
won  by  Needle,  the  property  of  Rol)ert  Grseme,  Esq.,  Advocate."  Mr.  Graeme 
(who  adopted  the  '*  Graham  "  mode  of  spelling  his  family  name)  afterwards  suc- 
ceeded his  cousin,  Lord  Lynedoch,  in  the  estates  of  Balgowan  and  Lynedoch, 
and  died  in  1859. 


306  ARNISTON  MEMOIRS.  [1818. 

soft  enough  for  coursing,  the  Cup  was  at  length  decided  in  favour 
of  Mr.  R.  Graeme  of  Eskbank.  We  met  at  the  Roman  Camp,  and 
there  were  between  1  and  200  horsemen.  Our  bitch  Wasp  was 
beat  by  Captain  James  Dalrymple  of  North  Berwick's  dog  Czar. 
The  course  was  a  desperate  one,  but  we  were  fairly  beaten ;  the 
hare  went  away  with  her  fud  cocked.  She  never  was  turned,  and 
seemed  not  to  give  a  d — mn  for  either  Wasp  or  Czar.  This  was 
the  second  course.  The  first  was  between  Mr.  Graeme's  Needle 
and  Baron  Clerk's  Salamanca.  Salamanca  was  beat.  The  last 
course  was  between  Needle  and  Czar.  I  never  saw  two  more 
beautiful  dogs.  Czar  was  beat,  though  the  best  dog,  owing  to  a 
fall  in  a  ploughed  field.  The  unfortunate  hare  was  encountered 
near  the  wood,  and  slain  by  a  mob  of  fellows  (about  80  or  90), 
who  would  not  keep  back  their  horses,  but  charged  the  dogs,  and 
hare,  and  all.  The  hare  was  slain,  the  dogs,  for  a  wonder,  were 
not.  The  spring  meeting  takes  place  next  week.  I  must  write  to 
Pitt  to  tell  him  that  Wasp  was  beat,  so  adieu.  Write  to  me  when 
you  have  time. — Ever  yours  affec^y,  R.  Dundas. 

In  the  autumn  of  1817  Robert  Dundas  went  abroad  witli 
his  family,  the  object  of  the  journey  being  the  hope,  however 
faint,  of  the  Chief  Baron  deriving  benefit  from  a  winter  spent 
south  of  the  Alps ;  and  in  the  summer  of  1818  he  had  a  run 
through  Greece  and  Turkey.  A  few  of  his  letters  to  his 
mother  are  still  at  Amiston  :  — 


Robert  Dundas  to  his  Mother. 

Patras,  May  T,d,  18 18. 
A  brig  is  to  sail  from  this  in  a  few  days,  and  I  shall  send  this 
letter  by  her  to  London.  In  the  way  of  news  I  have  little  to  add 
to  my  letter  from  Corfu,  dated,  I  think,  26th  April.  We  ^  sailed 
from  Corfu  on  the  27th  along  with  Mr.  Bonnar.  I  left  Corfu  with 
regret.  It  is  a  lovely  spot,  and  I  had  been  treated  by  every  person 
there  with  the  greatest  kindness.  We  passed  the  islands  of  Paxu 
and  Antipaxu,  and  on  the  Albanian  shore  the  small  town  of 
Pargo.  We  crossed  the  gulf  of  Actium,  and  landed  at  Santa 
Maura.  We  landed  at  the  fort,  and  the  ship  sailed  round, 
and  anchored  on  the  other  side  of  the  neck  of  land.     We  were 

^  He  was   travelling  with    two  friends,  Wyse,  afterwards  the    Right    Hon. 
Thomas  Wyse,  and  a  Mr.  Godfrey. 


i8i8.]   JOURNEY  THROUGH  GREECE  AND  TURKEY.   307 

received  most  kindly  by  Colonel  Ross  of  the  75th.  He  gave  us 
quarters  in  the  fort  to  sleep  in,  and  insisted  upon  our  living 
with  him. 

The  third  day  after  our  arrival  we  sailed  to  Previsa  to  see  Ali 
Pacha,  the  rest  of  the  party  meaning  to  proceed  to  Janina,  across 
Pindus.  We  met  a  brig  coming  out  of  Previsa,  and  knowing  her  to 
belong  to  Sir  Thomas  Maitland,^  we  went  alongside.  We  found  Sir 
Frederick  Adam  2  on  board  of  her.  Sir  Thomas  sent  an  officer  in 
this  vessel  to  wait  for  Sir  Frederick  at  Previsa,  and  to  give  him  the 
despatches  which  I  am  to  take  to  Constantinople.^  Sir  Thomas  had 
written  to  say  that  I  must  leave  Santa  Maura  as  soon  as  possible, 
and  get  to  Constantinople  as  quickly  as  I  could ;  I  might  choose 
the  road  I  liked  best,  and  stay  a  few  days  at  Athens.  I,  of 
course,  acted  as  he  told  me,  and  returned  that  evening  to  Santa 
Maura  alone,  leaving  Godfrey  and  Wyse  at  Previsa ;  they  mean  to 
cross  Pindus,  and  pursue  the  original  plan.  Next  day  I  sailed ; 
we  passed  the  Lover's  Leap  at  sunset,  and  were  close  to  Ithaca 
all  night,  and  part  of  next  morning.  The  breeze  then  sprang  up, 
and  we  reached  Patras  about  two  in  the  afternoon.  I  was 
received  here  by  the  consul,  in  whose  house  I  am.  He  recom- 
mends me  to  go  to  Athens,  through  Delphi  and  Thebes.  To  go 
by  Corinth  I  must  have  a  passport  from  the  pacha,  who  lives  near 
Sparta,  involving  five  or  six  days'  delay.  Besides,  Colonel  Ross 
told  me  that  the  Bey  of  Corinth  has  orders  to  stop  all  despatches 
going  across  the  Isthmus. 

Robert  Dundas  to  his  Mother. 

British  Palace,  Constantinople, 
May  23,  1818. 
My  last  letter  was  sent  from  Patras  in  a  currant  ship,  which 
was  to  sail  in  a  few  days.  At  Patras  I  found  it  was  necessary  to 
have  a  passport  from  the  pacha  of  the  Morea,  who  resides  at  Tripo- 
litza,  not  far  from  Sparta.  This  pass  is  not  demanded  until  the 
traveller  arrives  at  the  Isthmus  of  Corinth.  As  I  did  not  think 
myself  justified  in  detaining  the  despatches  (which  I  knew  were 

*  Sir  Thomas  Maitland,  Governor  of  the  Ionian  Islands;  died  1824.  He 
went  by  the  nickname  of  /Cins^  Tom. 

^  Sir  Frederick  Adam,  a  general  in  the  Army.  Commanded  a  brigade  at 
Waterloo,  where  he  was  wounded.  Sir  Frederick  was  appointed  Lord  High 
Commissioner  of  the  Ionian  Islands  at  the  death  of  Sir  Thomas  Maitland  in  1824. 

'  Sir  Thomas  Maitland,  during  Mr.  Dundas's  visit  to  Corfu,  had  asked  him 
to  convey  some  despatches  to  Sir  Robert  Listen,  Amlmssador  at  Constantinople. 


308  ARNISTON  MEMOIRS.  [1818. 

important)  for  three  days  till  a  courier  could  procure  me  the  pass- 
port, I  got  a  boat  to  convey  me  to  Salona,  meaning  to  follow 
Mr.  Wood's  route  to  Athens  by  Delphi,  Thebes,  and  Livadia. 
My  luggage  was  in  the  boat,  and  all  was  ready,  when  the  consul's 
deputy  came  running  to  inform  me  that  the  plague  was  raging  at 
Livadia  and  Thebes,  and  that  I  should  have  a  quarantine  of 
twenty  days  at  Athens.  I  was,  of  course,  forced  very  unwillingly 
to  give  up  this  route,  and  I  embarked  for  Corinth.  It  blew  very 
hard.  The  voyage  is  usually  performed  in  two  or  three  days,  but 
we  were  within  twelve  miles  of  Corinth  in  eight  hours.  The  wind 
fell,  and  the  sailors  insisting  that  it  was  contrary,  ran  the  vessel, 
a  small  open  boat,  into  a  creek  near  the  ancient  Sicyon.  As  I  was 
yet  unaccustomed  to  the  ways  of  the  Greeks,  I  allowed  them  to 
do  so,  and  lay  down  in  my  cloak  upon  the  shingle,  where  I  slept  for 
four  hours.  Next  day  the  consul  told  me  that  a  friend  of  his  had 
agreed  to  give  me  a  passage  to  Constantinople ;  that  I  would  find 
him  to  be  the  best  of  his  countrymen.  I  accordingly  embarked 
in  a  noble  ship,  550  tons  burden,  25  guns,  and  66  men.  I  saw 
Captain  Murray,  whom  I  am  to  meet  at  Smyrna  on  the  15th  June, 
when  he  will  take  me  to  Malta.  In  three  days  we  were  within 
20  miles  of  this  place ;  there  we  were  becalmed,  so  I  left  the 
ship  with  regret,  and  rowed  up  here. 

Robert  Dundas  to  his  Mother. 

Vienna,  Au^.  5,  1818. 
Thank  Heaven,  here  I  am  in  a  Christian  country.  I  have  got 
out  of  Turkey,  and  I  assure  you  I  shall  not  enter  it  again  without 
some  very  good  reason.  I  arrived  here  from  Constantinople  by 
Bukharest,  Hermanstadt,  Temeswar,  and  Buda  on  the  25th  July. 
As  far  as  Bukharest  my  health  was  perfectly  good,  but  there  I 
began  to  be  unwell  much  as  I  was  at  Spa  last  year.  Fearing  I 
was  about  to  have  the  same  sort  of  bilious  fever,  I  stopped  at  the 
Convent  of  Argis,  a  small  hamlet  in  Wallachia  at  the  foot  of  the 
Carpathian  mountains,  half  way  between  Bukharest  and  Herman- 
stadt, halting  there  two  days  for  rest  and  medicine. 

His  illness  had  been  no  light  matter ;  and  that  he  thought 
himself  in  great  danger  is  shown  by  a  curious  memorandum 
among  the  papers  of  this  period.  It  is  indorsed,  "  Sealed  at 
Argis  12th  July  1818,  opened  at  Arniston,  September  11, 
1821,"  and  is  headed  :— 


i8i8.]  THE  CONVENT  AT  ARGIS.  309 


Hejiexions  irrltien  when  confined  hy  iUnvss  at  ike  Greek  Convent  between 
Ihikliarest  and  Uermansladt. 

Argis,////^  12,  1818. 

Where  am  I  now  ?  What  am  I  ?  I  am  a  poor,  feeble  wretch, 
near  three  thousand  miles  from  his  native  home.  Such  was  the 
question  and  answer  which  awakened  me  from  the  dream  which 
for  the  last  hour  has  so  pleasantly  occupied  my  wearied  mind.  I 
dreamed  of  home.  I  was  seated  at  Mrs.  Wm.  Dundas's  cottage 
planning  some  new  improvements.  The  company  who  were  there 
assembled  at  tea  were  my  father  and  mother,  Wm.  and  Mrs.  D., 
all  my  brothers  and  sisters,  and  uncle  Francis.  I  saw  plainly 
Philip  playing  with  Ripon  and  Texel  on  the  green.  I  hear 
distinctly  the  distant  sound  of  Braidwood  Cascade.  Hark  to 
Windsor  yelping  in  the  wood,  and  see  Brown  with  his  gun  re- 
turning slowly  home.  The  sun  is  setting  in  glory  over  the 
Pentlands,  and  the  whole  scene  is  nothing  but  peace  and  joy. 
Such  is  the  painting  which  for  this  hour  past  has  occupied  my 
mind's  eye,  delineated  in  richer  colours  than  Claude  or  Titian 
ever  imagined.  But  is  the  real  scene  before  you?  The  plain 
white-washed  cell  of  the  Monastery  of  Argis,  with  its  single  print 
of  some  favourite  saint.  These  figures  that  through  the  half-shut 
door  watch  the  couch  which  supports  your  faint  and  feverish 
limbs,' are  they  your  relations  ?  *Tis  Alexander,  Mustapha,  and  a 
monk  with  your  provisions.  Is  the  scene  without  splendid  and 
peaceful  .=*  It  is  still  and  sublime.  The  distant  thunder  is 
grumbling  near  and  more  near,  while  the  sun  darts  his  hot 
reflected  ray  on  the  gloomy  ridge  of  the  Carpathian  mountains. 
The  torrent  is  brawling  past  with  ceaseless  din  to  mix  its  waters 
with  those  of  the  Alt.  The  storm  is  passing  away  over  the  wide 
interminable  plains  of  Walachia,  and  mingling  its  hollow  murmurs 
with  the  distant  bay  of  the  watch-dog.  And  this  place  is  3000 
miles  from  home  ! ! ! ! 

But  God  is  everywhere.  His  arm  upheld,  and  if  he  pleases 
will  still  uphold  me.  By  his  infinite  goodness  and  mercy  I  have 
passed  through  banditti,  through  storms,  through  fatigues  and 
pestilence.  He  was  with  me  at  Terracina  and  Bovino.  In  the 
(julf  of  Corinth  'twas  he  that  took  my  skiff  through  the  tempest. 
The  plague  at  Athens  touched  me  not,  neither  did  the  fatigues 
of  my  journey  overcome  me.  To  Thee,  oh  my  God,  I  deliver  up 
myself  in  perfect  trust,  restore  health  of  body  and  mind,  and  send 
me  home  in  safety  through  Jesus  Christ. 


310  ARNISTON  MEMOIRS.  [1819. 

Tlie  devotion  of  his  servant,  and  a  good  constitution,  did 
wonders ;  and  he  was  soon  able  to  travel  on  to  Vienna. 

Arrived  there  he  was  placed  in  the  hands  of  an  able 
physician,  who  ascribed  his  illness  to  over-fatigue,  aggravated 
by  the  improper  medicines  he  had  taken.  He  soon  recovered 
under  proper  treatment. 

From  Vienna,  he  returned  by  Salzburg  and  the  Tyrol  to 
Northern  Italy  and  Florence.  By  that  time  his  family  had 
left  Italy  on  their  way  home.  In  a  letter  of  the  8th  of  Sep- 
tember, he  mentions  having  seen  Lord  Lauderdale  and  Lord 
Maitland,  who  had  just  arrived  from  England,  and  who  had  given 
him  every  kind  of  news  which  they  thought  would  interest  him. 
Lord  Lauderdale,  owing  to  the  accounts  he  had  received  from 
Lord  Melville,  had  gone  to  Lausanne  to  see  the  Chief  Baron,  and 
found  him  sufficiently  recovered  to  undertake  the  journey  home. 

At  Florence  he  met  his  friends  Pringle  ^  of  Yair,  and 
Alison,^  both  of  them  his  seniors  by  five  years,  and  members 
of  the  Scotch  Bar.  They  told  him  of  the  successful  start  his 
most  intimate  friend  John  Hope  ^  had  made  at  the  Bar,  and 
said  that  they  looked  to  Hope  and  to  him  as  their  leaders  for 
the  future,  and  urged  him  to  follow  Hope's  example  without 
further  loss  of  time. 

"  I  inquired,''  he  writes  to  his  mother,  "  how  J.  Hope  was 
coming  on.  Alison  said,  'he  has  now  been  but  eighteen 
months  at  the  Bar.  He  is  become  Advocate  Depute,  and  is 
making  at  least  dPTOO  a  year.  You  will  have  tight  work  to 
come  up  with  him,  for  we  all  settled  that  you  and  he  are  to 
be  our  leaders,  the  one  Advocate  and  the  other  Solicitor.  So 
see  you  don't  disappoint  us.'  I  took  this  as  a  way  of  talking, 
and  smiled ;  when  Pringle  said,  '  I  assure  you  we  are  quite  in 
earnest,  for,  as  Alison  says,  it  is  you  and  Hope  that  we  all  look 
to,  so  you  must  stand  to  your  tackle,  Dundas.' " 

This  conversation  seems  to  have  left  an  impression  on  his 
mind,  and,  along  with  the  accounts  of  his  father's  failing 
health,  induced  him  to  give  up  his  foreign  travels,  and  return 
at  once  to  Scotland. 


^  Alexander  Pringle  of  Yair,  afterwards  M.P.  for  Selkirkshire,  and  a  Lord 
of  the  Treasury  in  Sir  Robert  Peel's  ministry. 

2  Archibald  Alison,  author  of  the  History  of  Europe. 
^  John  Hope,  afterwards  Lord  Justice-Clerk. 


i82o.]  THE  RADICAL  WAR.  311 

The  Chief  Baron  died  on  the  17th  of  June  1819 ;  and 
youn^  Robert  Dundtia  succeeded  to  the  estate  of  Arniston. 

The  county  of  Midh)tliian  at  this  time  had  a  rej^inient  of 
Yeomanry  Cavalry  of  whose  efficiency  it  was  proud.  Sir 
Walter  Scott  had  once  been  an  active  member  of  the  Edin- 
burgh troop.  Robert  Uundius  was  now  Captain  of  the  Dalkeith 
troop,  and  devoted  to  his  regimental  work.  In  the  year  1820, 
the  regiment  was  called  out,  and  marched,  in  the  middle  of  a 
winter  night,  to  the  west  of  Scotland  to  take  part  with  the 
regular  and  volunteer  forces  in  maintaining  order.  That  year 
was  a  season  during  which  the  spirit  of  disaffection,  for  some 
time  prevalent  throughout  Great  Britain,  had  become  threaten- 
ing to  the  peace  of  the  country.  Vigorous  measures  had  to 
be  taken  for  keeping  the  restless,  and  partially  armed  mob* 
within  bounds.  At  Glasgow  it  was  necessary  to  keep  the 
regular  troops  ready  for  instant  action,  and  to  call  to  their 
assistance  the  yeomanry  of  the  neighbouring  counties.  It  was 
a  matter  of  deep  regret  to  Mr.  Dundas  that  he  was  unable  to 
accompany  his  regiment  to  the  west.  In  a  letter  to  him  from 
his  friend  Alexander  Pringle  of  Yair,  the  experiences  of  the 
yeomanry  are  narrated  : — 

Mr.  Pringle  to  Robert  Dundas. 

Glasgow,  luesday  morn.^  April  ii^  1820. 
My  dear  Dundas, — Since  you  are  denied  the  pleasure  of  a 
visit  to  the  land  of  Radicals,  I  know  you  will  like  to  hear  what 
we  are  about.  I  can  only  say  that  we  lead  a  life  of  constant  un- 
certainty and  expectation,  which  is  abundantly  interesting,  and  I 
wish  much  you  were  with  us,  for  I  am  sure  you  would  enjoy  it. 
A  few  days  ago  I  envied  you  the  near  prospect  of  your  march,  but 
now  I  have  the  advantage  of  being  in  the  midst  of  duty,  and  well 
and  able  for  it.  Every  day,  or  rather  every  night,  brings  some 
new  event,  and  we  are  kept  constantly  on  the  alert.  To  give  you 
some  idea  of  it :  last  night  two  parties  of  our  troop  were  roused 
out  of  bed  at  a  moment's  notice.  The  one  is  just  returned  after 
a  march  half  way  to  Paisley,  to  attack  a  house  where  there  was 
information  of  a  committee  of  Radicals  sitting.  When  they  arrived, 
the  committee  had  decamped,  and  left  the  door  locked,  which  Home 
forced  with  his  pistol.  They  only  got  one  man  and  a  few  papers. 
The  other  party  has  not  returned  yet.     Besides  these  we  have  a 


512  ARNISTON  MEMOIRS.  [1820. 

picquet  of  20  constantly  on  duty^  with  as  many  of  the  hussars  and 
of  the  Glasgow  troop.  So  you  see  we  never  know  what  we  have 
to  do  the  next  hour.  There  is  a  report  to-day  of  something 
having  happened  at  Hamilton,  but  we  have  no  particulars.  The 
numbers  taken  up  now  are  immense,  and  the  lawyers  are  all  very 
busy  at  the  Star.  I  am  living  in  capital  quarters,  a  guest  of  the 
Lord  Provost.  We  had  a  letter  this  morning  from  Lord  Sidmouth 
offering  a  reward  of  .£500  for  the  discovery  of  the  authors  of  the 
April  placard.^  I  have  just  seen  a  letter  from  Greenock  with 
some  particulars  of  the  row  there,  of  which  you  must  have  seen 
an  account  in  the  newspapers.  The  Volunteers  at  first  fired  over 
the  heads  of  the  mob,  which  only  incensed  them.  At  the  second 
fire  their  officer  told  them  to  level  low,  and  the  consequence  was 
that  the  persons  shot  were  some  of  the  very  worst.  It  is  ascer- 
tained that  there  were  among  them  many  Radical  incendiaries 
from  Paisley.  Of  the  nine  who  are  dead,  seven  are  known  to 
have  been  mauvais  sujets,  and  the  other  two  nobody  will  own,  so  it 
is  supposed  that  they  are  stranger  incendiaries.  The  only  other 
troop  of  yeomanry  here  now  are  the  Glasgow ;  those  of  Ayrshire 
and  Dumbartonshire  are  sent  home.  In  every  village  of  import- 
ance there  are  some  quartered.  Sir  C.  Lockhart's  and  Sir 
Samuel  Stirling's  are  at  Hamilton,  Shawfield's  at  Airdrie,  etc.  I 
understand  that  those  still  out  are  the  Lanarkshire,  Stirlingshire, 
Clackmannanshire,  Linlithgowshire,  and  our  own.  All  your  ac- 
quaintances here  are  well,  and  in  constant  spirits.  Such  as  had 
colds,  etc.,  sore  throats,  etc.,  recovered  in  the  night  marches. 
They  had  very  hard  work  indeed  till  they  came  here.  I  have 
time  at  present  for  no  more,  but  that  I  remain,  dear  Dundas, — 
Your  sincere  friend,  Alex.  Pringle. 

The  most  serious  event  of  what  was  known  as  the  Radical 
War,  had  taken  place  six  days  before  the  date  of  this  letter. 
There  had  actually  been  a  skirmish  at  Bonnymuir  in  Stirling- 
shire, between  a  band  of  the  misguided  men  who  imagined 
they  could  obtain  Reform  by  force  of  arms,  and  a  troop  of  the 
Stirlingshire  Yeomanry.  Shots  were  fired.  Several  men  were 
wounded.  Ultimately  twenty-four  persons  were  found  guilty 
of  high  treason,  and  sentenced  to  death.     Only  three,  however. 


^  A  placard  which  was  posted  up  in  the  streets  of  Glasgow,  Paisley,  and 
other  places  in  the  west  of  Scotland,  calling  on  all  persons  to  stop  work,  on  and 
after  the  1st  of  April,  and  "  attend  wholly  to  the  recovery  of  their  rights." 


I820.1  MIDLOTHIAN  POLITICS.  SIS 

were  executed ;  and  these  were  the  hist  treason  trials  which 
have  tjikeii  phu*e  in  Scothuul. 

On  tlie  16th  of  December  1820,  Mr.  Dundas  was  called  to 
the  Scottish  Bar,  with  the  intention  of  following  in  the  foot- 
steps of  so  many  generations  of  his  family  who  had  made  the 
Scottish  Bar  their  first  step  in  political  life,  llis  abilities 
peculiarly  suited  him  for  such  a  career.  It  was  one  in  which 
he  took  a  keen  interest,  and  the  political  influence  of  his 
family  was  still  strong  enough  to  ensure  him  a  favourable  start 
in  the  race  he  was  anxious  to  run. 

The  representation  of  Midlothian  in  Parliament  had  been 
enjoyed  by  so  many  members  of  the  Dundas  family  iis  to  make 
it  seem  a  sort  of  heretlitary  seat.  By  the  death  of  the  first 
Viscount  Melville  in  1811  a  vacancy  was  caused  in  the  county, 
and  Sir  George  Clerk  ^  of  Penicuik  was  elected  in  place  of  the 
Honourable  liol)ert  Dundas,  who  succeeded  his  father  as  second 
Viscount  Melville.  A  better  choice  could  not  have  been  made  ; 
Sir  George  was  one  of  the  largest  landowners  in  the  county, 
and  a  man,  as  was  shown  by  his  subsequent  career,  in  every 
way  suited  to  the  post.  But  at  Arniston  and  at  Melville  he 
was  looked  upon  as  a  sort  of  stop-gap,  whose  duty  it  would  be 
to  make  way  whenever  the  family  might  require  the  seat,  and 
this  feeling  was  by  no  means  confined  to  the  family,  for  many 
of  the  county  gentlemen  were  desirous  of  seeing  Midlothian 
represented  as  it  had  so  long  been.  Soon  after  he  returned 
home  from  his  foreign  tour,  the  Lord  Advocate^  spoke  to 
Robert  Dundas  on  tlie  subject,  and  told  him  that  although  he 
and  the  principal  freeholders  had  hitherto  supported  Sir  George 
Clerk,  they  nevertheless  meant  to  withdraw  their  votes  as  soon 
as  he  shoidd  come  forward  as  a  candidate.  The  Lord  Advocate 
added  that  he  and  several  of  the  principal  people  of  the  county 
meant  to  inform  Sir  George  of  their  determination.  In  report- 
ing this  conversation  to  his  uncle  I^ord  Melville  (March  15, 
1819),  Rol)ert  Dundas  adds  his  own  views  upon  the  impolicy 
of  his  pledging  himself  theji,  as  to  what  steps  he  might  take  six 

^  Sir  George  Clerk,  sixth  Baronet  of  Penicuik.  Represented  the  county  of 
Midlothian  in  Parliament,  and  subsequently  the  lx>roughs  of  Stamford  and  Dover. 
After  filling  various  sulx)rdinate  offices  he  was  apjwinted  Master  of  the  Mint,  and 
Vice-President  of  the  Board  of  Trade,  and  a  Privy  Councillor  in  1845.  Sir 
George  died  in  1867. 

*  Mr.  Alexander  Maconochie,  afterwards  the  second  Lord  Meadowbank. 


314  ARNISTON  MEMOIRS.  [1822. 

or  seven  years  hence ;  adding  that  if  ever  the  train  of  events 
and  the  wishes  of  his  friends  should  lead  him  to  stand  for  the 
county,  he  would  come  forward  fairly  and  openly  and  tell  Sir 
George  he  meant  to  dispute  the  field  with  him,  but  until  that 
time  should  arrive  he  would  have  nothing  to  do  with  the  matter. 
In  reply.  Lord  Melville  writes : — 

**  Admiralty,  20  March  1819. 

"  I  do  not  recollect  to  have  received  any  similar  commmiication 
with  more  pleasure  than  your  letter  of  March  1 5  ;  the  good  sense 
and  proper  feeling  which  pervade  every  line  of  it  were  very 
gratifying  to  me^  and  it  is  scarcely  necessary  for  me  to  add,  that 
I  entirely  concur  in  your  views  of  the  subject  to  which  it  relates. 

"It  would  have  been  quite  unnecessary  to  announce  to  Sir 
George  Clerk  that  when  he  was  elected  for  Midlothian  there  was  no 
pledge  either  expressed  or  implied  that  those  who  supported  him 
were  bound  to  him  for  the  rest  of  his  life.  Whenever  a  dissolu- 
tion of  Parliament  shall  take  place,  you  will  be  at  full  liberty  to 
come  forward  if  you  choose  it,  and  if  it  shall  be  in  other  respects 
convenient  or  agreeable  to  you,  and  I  have  no  doubt  you  will  find 
the  county  as  well  disposed  to  yourself,  as  they  have  been  for  a 
century  past  to  others  of  your  family  who  have  gone  before  you." 

On  the  9th  of  April  1822  Robert  Dundas  married  Lilias, 
daughter  of  Colonel  Durham  Calderwood  of  Polton,  a  descen- 
dant of  the  famous  Sir  Thomas  Hope,  Lord  Advocate  in  the 
reign  of  Charles  the  First,  and  also  of  Sir  James  Stewart  of 
Goodtrees,  Lord  Advocate  to  King  William  and  Queen  Anne. 
Mrs.  Dundas  notes  in  her  diary,  "  April  9th,  went  to  dinner  at 
Polton.  After  dinner,  Robert  and  Miss  Durham  were  married, 
and  went  to  Arniston."" 

Two  years  later,  in  1824,  he  obtained  his  first  promotion 
at  the  Bar,  being  appointed  Advocate-Depute  in  room  of  his 
friend  John  Hope,  who  became  Solicitor-General. 

The  second  Lord  Melville,  who  held  the  office  of  first  Lord 
of  the  Admiralty  in  Lord  Liverpool's  Administration,  was  at 
this  time  the  Scottish  Manager.  "  The  rise,''  says  Lord  Cock- 
burn,  "  of  Robert  Dundas,  Lord  Melville's  son,  was  an  impor- 
tant event  for  his  party ;  for,  without  his  father's  force,  or 
power  of  debate,  or  commanding  station,  he  had  fully  as  much 
good  sense,  excellent  business  habits,  great  moderation,  and  as 


i826.]  MALACHI  MALAGROWTHKH.  315 

much  candour  »us,  I  sup{K)se,  a  party  leader  can  ))ractise/'  The 
first  symptoms  that  his  influence  wius  waning  were  seen  in  1826, 
when  the  Government,  alarmed  by  tlie  commercial  crisis  of  the 
previous  year,  resolved  to  bring  in  a  bill  to  prevent  the  issue 
of  bank-notes  for  a  smaller  amount  than  £5.  In  Scotland, 
where  a  greasy  £1  note  was  received  witli  greater  confidence 
than  a  brand-new  sovereign  or  a  crisp  Bank  of  England  "  fiver,"^ 
this  proposid  wiis  most  un])o})ular.  Mr.  Downie  of  Appin, 
mend)er  for  the  Stirling  burghs,  gave  a  significant  answer  when 
Mr.  Canning  asked  him  if  the  one-pound  notes  were  not  very 
dirty.  "  Very,"^  he  said,  "and  if  you  meddle  with  them,  you'll 
foul  your  fingers."*" 

Lord  Melville  supported  the  obnoxious  measure,  and  was 
roundly  abused  for  doing  so.  But  the  measure  might  have 
become  law  had  not  Sir  Walter  Scott,  one  evening  in  February, 
suddenly  thought  of  taking  up  the  cudgels  against  the  Govern- 
ment. "  I  am  horribly  tempted,^  he  writes  in  his  diary,  "  to 
interfere  in  this  business  of  altering  the  system  of  banks  in 
Scotland."'  Next  morning,  the  18th  of  February,  he  set  to 
work ;  and  on  the  following  day  the  first  letter  of  Malachi 
Malagrowther  was  finished.  A  second  and  a  third  followed. 
As  is  well  known,  these  famous  letters  created  an  enormous 
sensation.  They  appeared  in  the  Edinburgh  Weekly  Journal 
in  February  and  March,  and  were  often  quoted  during  the 
discussions  which  afterwards  took  place  in  Parliament.  The 
proposed  measure  was,  so  far  as  Scotland  was  concerned,  aban- 
doned ;  and  the  fact  that  the  Scottish  banks  retained  the 
privilege  of  issuing  £\  notes  was  universally  said  to  be  the 
work  of  Sir  Walter  Scott. 

The  Government  was  seriously  annoyed.  "  The  Ministers,'" 
Lockhart  wrote  to  Sir  Walter,  "  are  sore  beyond  imagination 
at  present ;  and  some  of  them,  I  hear,  have  felt  this  new  whip 
on  the  raw  to  some  purpose."  No  one  was  angrier  than  I^rd 
Melville.  "Sir  Robert  Dundas,"  Scott  writes  in  his  diary, 
"  to-day  put  into  my  hands  a  letter  of  between  twenty  and 
forty  pages,  in  angry  and  bitter  reprobation  of  Malachi,  full  of 
general  averments,  and  very  untenable  arguments,  all  written 
at  me  by  name,  but  of  which  I  am  to  have  no  copy,  and  which 
is  to  be  circulated  to  other  special  friends,  to  whom  it  may  be 
necessary  to  '  give  the  sign  to  hate."     I  got  it  at  two  o'clock. 


316  ARNISTON  MEMOIRS.  [1826. 

and  returned  it  with  an  answer  four  hours  afterwards,  in  which 
I  have  studied  not  to  be  tempted  into  either  sarcastic  or  harsh 
expressions/"* 

Among  the  papers  at  Arniston  are  Lord  Melville's  letter 
written  at  Sir  Walter  Scott,  and  Sir  Walter's  reply  through  Sir 
Robert  Dundas : — 


Lord  Melville  to  Sir  Robert  Dundas. 

Private.  Admiralty,  6  March  1826. 

My  dear  Sir, — I  received  in  due  course  your  letter  of  the 
10th  ulto.,  with  its  enclosure,  and  I  have  since  seen  various  appH- 
cations  from  other  clerks  in  the  Law  Departments  in  Scotland  for 
increase  of  salary.  I  hope  the  salaries  of  the  Judges  will  be  in- 
creased, and  at  any  rate  I  shall  use  my  best  endeavours  for  that 
purpose,  because  I  think  it  of  great  importance  to  the  respecta- 
bility of  the  Bench  in  Scotland,  as  well  as  in  England,  that  the 
salaries  of  the  Judges  should  be  to  such  an  amount  as  will  induce 
well-employed  competent  lawyers  to  accept  the  situation.  Since 
the  salaries  of  the  Judges  in  Scotland  were  fixed  on  their  present 
footing,  the  emoluments  of  the  Bar,  as  I  am  informed,  and  indeed 
know  to  be  true,  have  increased  out  of  all  proportion.  With 
regard  to  the  Clerks  of  Session  and  sundry  other  and  inferior 
clerks,  and  even  judges  (the  commissaries  for  instance),  there  does 
not  appear  to  me  to  be  the  slightest  ground  for  any  such  increase, 
and  if  my  opinion  is  asked,  I  shall  give  it  accordingly.  There  is 
no  lack  of  candidates  for  those  situations,  and  of  the  first  abilities, 
or  at  least  fully  adequate  to  the  duties  they  have  to  perform. 

In  your  same  letter  of  the  10th  ulto.  you  advert  to  the  question 
of  the  Paper  Currency  in  Scotland,  and  you  state,  as  others  have 
since  done,  that  the  introducing  a  metallic  circulation  into  that 
country  in  lieu  of  their  small  notes  would  be  injurious  to  its 
interests.  I  cannot  pretend  to  any  great  depth  of  knowledge  on 
that  subject,  but  it  is  not  new  to  me  as  far  as  regards  Scotland, 
and  I  have  no  difficulty  in  saying  that  my  opinion  has  long  been 
at  variance  with  that  doctrine.  It  has  appeared  to  me  for  several 
years  that  the  extent  and  facility  of  banking  credit  in  that  country 
and  the  speculations  of  all  kinds,  agricultural,  commercial,  and 
manufacturing,  to  which  it  has  given  rise,  are  hollow  and  unsafe. 
It  is  true,  as  you  state,  and  for  reasons  which  you  assign,  that  the 
banks  in  Scotland  as  a  body,  are  more  solid  and  more  worthy  of 
confidence  than  is  generally  the  case  in  England ;  but  if  they  had 


i826.]  LORD  MELVILLE'S  LETTER.  'M7 

not  hitherto  been,  and  were  not  still,  in  an  implied  league  to 
support  each  other,  I  do  not  believe  that  they  could  with  justice 
have  been  so  much  extolled  for  their  solidity.  I  know  a  few 
anecdotes  on  that  subject  which  would  sound  ominously  if  pub- 
lished to  the  world,  and  I  am  confident  that  for  their  own  sakes 
they  had  better  not  provoke  too  much  probing  of  the  system. 
On  the  other  hand,  there  can  be  no  question  that  as  far  as  regards 
the  granting  of  cash  credits,  anything  which  would  suddenly 
derange  that  system  would  not  only  be  injurious  to  Scotland  now, 
but  would  affect  her  permanently  if  it  is  (as  they  assert)  necessarily 
interwoven  with  the  power  of  issuing  notes  under  £5.  I  say 
nothing  so  much  of  the  banking  system  as  relates  to  the  dis- 
counting of  bills  or  to  deposits,  as  these  branches  are  common  to 
all  bankers  in  this  kingdom  as  well  as  elsewhere,  except  that  the 
allowing  of  interest  on  deposits  is  not  peculiar  to  Scotland,  but  is 
common  in  England,  independently  of  any  circulation  of  small 
notes.  Sundry  delegates  from  the  Scotch  banks  have  recently 
come  to  London,  and  if  they  can  make  out  that  the  abolition  of 
small  notes  will  necessarily  and  unavoidably  have  the  effect  of 
putting  down  altogether  the  system  of  cash  credits,  I  think  they 
will  establish  a  case  which  will  call  for  a  different  course  to  be 
adopted  in  Scotland  from  what  is  contemplated  for  England.  I 
am  by  no  means  satisfied  from  anything  I  have  yet  heard,  that 
such  a  consequence  would  follow,  even  at  Glasgow  and  other 
manufacturing  districts  where  small  notes  (or  sovereigns)  are 
required  for  the  payment  of  their  workmen,  and  still  less  do  I 
believe  that  it  would  follow  in  the  eastern  parts  of  Scotland, 
where  the  notes  of  £5  and  £5,  5s.  would  to  a  considerable  extent 
supply  the  place  of  small  notes.  I  have  heard  and  believe  that  a 
much  greater  proportion  of  the  Royal  Bank  circulation  (which  is 
considerable  in  Glasgow)  is  in  small  notes,  than  of  Sir  William 
Forbes'  House,  which  is  chiefly  at  Edinburgh  and  the  neighbour- 
ing counties. 

But  whatever  may  be  the  real  state  of  the  case  in  that  respect, 
you  will  observe  that  I  have  herein  adverted  to  Scotch  concerns 
only  ;  though  there  is  another  part  of  the  subject  equally  deserving 
of  consideration,  viz.,  how  England  may  be  affected.  And  here  I 
cannot  help  reminding  you  of  the  profound  and  total  silence  of 
every  resolution  and  petition  on  this  point ;  the  people  of  North 
Britain  who  have  lately  come  forward  have  either  overlooked  it 
altogether,  or  have  thought,  as  a  matter  of  course,  that  England 
was  bound  to  submit  to  every  inconvenience  and  loss  which 
Scotland  might  think  fit  to  impose  upon  her.     I  presume  it  will 


318  ARNISTON  MEMOIRS.  [1826. 

not  be  denied  that  a  pressure  on  the  money  market,  or  any  com- 
mercial difficulty,  is  likely  to  affect  both  comitries  at  once,  and 
not  one  exclusive  of  the  other.  If  that  is  the  case,  and  supposing 
England  to  have  a  considerable  gold  circulation,  and  Scotland 
none,  it  is  quite  clear  that  whenever  such  pressure  arises,  Scotland 
must  depend,  and  be  a  dead  weight  upon  England,  for  whatever 
gold  coin  she  may  require  over  and  above  what  she  ought  to  have, 
and  what  she  would  have  if  her  small  notes  were  extinguished. 
This  inconvenience  is  unimportant  in  ordinary  times,  but  at 
pinching  periods  it  might  be  most  serious,  and  it  would  affect  the 
money  market  much  beyond  the  difference  between  the  ordinary 
metallic  circulation  of  England  and  of  Scotland.  If  the  banking 
delegates  from  the  north  can  point  out  any  mode  by  which 
England  can  be  protected  from  such  an  invasion  on  her  circulation, 
they  will  undoubtedly  remove  one  of  the  objections  to  a  continu- 
ance of  small  notes  in  Scotland. 

I  have  perused  within  these  few  days  two  letters  in  the 
newspapers  from  a  certain  Mr.  Malachi  Malagrowther,  and  I 
should  not  now  have  mentioned  them  if  I  had  not  heard  with 
sincere  regret  that  they  are  from  the  pen, of  Sir  Walter  Scott.  I 
know  the  people  of  Scotland  as  well  as  he  does,  and  I  also  know 
full  well  how  they  ought  to  be  dealt  with ;  and  I  am  much  mis- 
taken if  the  period  is  far  distant  (if  it  has  not  already  arrived) 
when  every  person  in  that  country,  whose  good  opinion  he  would 
most  wish  to  cultivate,  will  not  join  with  me  in  condemning,  on 
public  grounds  (I  will  not  condescend  to  advert  to  private  feelings), 
the  style  and  tone  of  those  letters.  I  do  not  quarrel  with  his 
opinions  on  the  Scotch  banking  system  and  paper  currency ;  many 
of  his  observations  and  arguments  on  those  matters  are  very  much 
to  the  purpose,  and  deserving  of  great  consideration,  and  if  they 
are  not  altogether  new  or  original,  it  would  be  very  unreasonable 
to  find  fault  with  him  merely  on  that  account.  But  I  do  quarrel 
with  him,  first  for  the  inflammatory  tendency  of  his  letters, 
secondly  for  the  gross  misrepresentations  which  are  to  be  found 
in  every  paragraph,  and  almost  in  every  line  of  them,  except 
where  he  discusses  exclusively  the  professed  subjects  of  the 
letters ;  and  thirdly  for  his  insulting  taunts  and  unfounded  attacks 
on  the  present  Government. 

Before  adverting  to  these  points  separately,  it  may  be  worth 
while  to  inquire  what  foundation  there  is  for  the  allegation,  not 
only  in  these  letters,  but  in  almost  all  the  resolutions  and  petitions 
which  I  have  seen,  where  we  are  told  with  an  air  of  triumphant 
superiority,  that  the  permission  to  issue  small  notes  has  existed  in 


i826.]  LORD  MELVILLE'S  LETTER.  819 

Scotland  above  a  century,  meaning  thereby  to  apprise  the  unin- 
fonned  lieges  (as  I  understand  the  matter)  that  En^huid  has  not 
had  the  same  happy  lot.  Now,  it  so  happens  that  with  the 
exception  of  twenty  years,  viz.,  from  1777  to  1797,  the  law  in  that 
respect  has  been  common  to  both  countries  from  the  earliest 
periods  to  the  present  time ;  and  yet  (to  show  the  extraordinary 
extent  of  misconception  on  that  ])oint)  no  less  a  person  than  Mr. 
Kirknian  Finlay  informs  us  in  a  set  of  resolutiims  adopted  by  the 
Merchant  Company  at  Glasgow  that  "  the  permission  to  English 
banks  as  to  the  issue  of  notes  under  £5  is  of  very  recent  origin, 
wherejis  in  Scotland  it  existed  before  the  Union,"  etc.  I  trust 
that  the  Government  whose  proceedinpfs  are  animadverted  upon 
by  Messrs.  Malagrowther,  Finlay,  and  others,  are  not  so  ignorant 
of  the  laws  and  history  of  their  country  on  these  matters  as  their 
said  assailants. 

But  to  return  to  Mr.  Malachi's  letters,  I  am  persuaded  you 
will  agree  with  me  that  I  am  fully  justified  (on  the  first  point)  in 
stating  that  they  are  of  an  inflammatory  tendency,  and  it  is  difficult 
to  conceive  that  such  was  not  the  meaning  and  intention  of  the 
writer.  The  questions  as  to  paper  currency,  or  the  advantages  or 
otherwise,  of  a  metallic  circulation,  do  not  belong  exclusively  to 
Scotland,  or  to  England,  or  to  France,  or  to  any  other  country, 
and  therefore  the  attempts  to  persuade  uninformed  persons  on  the 
north  side  of  the  Tweed  that  these  questions  are  part  and  parcel 
of  the  ancient  and  fundamental  laws  of  Scotland,  and  that  the 
meddling  with  them  by  the  Imperial  Parliament,  or  with  anything 
that  could  possibly  affect  "cash  credits,"  would  be  a  violation  of 
the  articles  of  the  Union,  is  so  preposterous,  that  it  is  impossible 
to  receive  these  remarks  as  arguments  addressed  to  reason  and 
common  sense :  they  are  directed  to  the  passions  of  the  ignorant 
and  the  illiterate.  I  little  thought,  if  Sir  Walter  Scott  is  really 
the  author  of  these  letters,  that  he  would  ever  have  been  found  to 
be  dabbling  in  such  an  impure  stream.  The  honest  claymore  to 
which  he  appeals  had  but  one  edge :  popular  inflammation  is  a 
two-edged  weapon,  and  is  seldom  resorted  to  by  those  who  really 
wish  well  to  their  country. 

On  my  second  head  of  charge,  the  plentiful  crop  of  misrepre- 
sentation which  may  be  gathered  in  these  letters,  I  really  know 
not  where  to  begin  with  instances,  and  still  less  where  to  end  with 
them,  unless  I  were  to  copy  and  animadvert  upon  every  separate 
paragraph  of  the  letters.  Almost  all  that  is  stated  as  to  the 
changes  in  the  jurisprudence,  and  in  the  revenue  system  of  Scot- 
land, and  in  the  motives  of  those  who  originated  or  acquiesced  in 


320  ARNISTON  MEMOIRS.  [1826. 

those  charges,  is,  to  my  certain  knowledge,  absolutely  untrue. 
Even  in  minor  instances,  and  which  he  professes  only  to  quote  as 
proofs  of  a  contemptuous  animus  towards  Scotland  in  recent  years, 
he  is  equally  at  variance  with  the  fact.  For  instance  (to  begin 
from  my  own  shop),  he  tells  us  that  "till  of  late,  there  was 
always  an  Admiral  on  the  Scotch  Station."  I  never  heard  of  an 
Admiral  on  that  Station  till  after  the  renewal  of  the  war  in  1 803, 
and  Mr.  Malachi's  memory,  if  he  is  as  old  as  Sir  Walter  and  I, 
must  have  told  him  so.  The  assertion  I  believe  to  be  wholly 
unfounded,  and  /  am  the  only  person  who  ever  left  an  Admiral 
there  during  peace,  and  I  only  withdrew  him  when  the  Revenue 
Cruisers  were  taken  from  under  our  orders.  Again,  we  are  told 
'*  that  till  of  late  years  there  was  always  a  Commander-in-Chief, 
with  a  Lieutenant-General  and  two  Major-Generals  under  him." 
I  believe  this  assertion  to  have  as  much  foundation  as  the  other, 
as  far  as  relates  to  periods  of  peace ;  and  I  observe  in  a  Scotch 
Almanac  of  1783,  when  the  war  was  scarcely  ended,  and  before 
the  Definitive  Treaty  was  signed,  that  the  Scotch  staff  then 
consisted  of  two  Generals,  viz.,  Mackay  and  Skene.  The  next 
instance,  as  to  the  Scottish  Yeomanry  (for  he  alludes  to  them 
exclusively)  having  been  deprived  of  their  allowances,  is,  I  be- 
lieve, equally  untrue,  with  the  additional  demerit  of  being  very 
mischievous.  I  understand,  on  the  contrary,  that  the  Yeomanry 
Allowances  have  lately  been  increased.  Mr.  Malachi  says  truly 
that  these  instances  are  perhaps  trifling,  but  he  adds  that  they 
display  the  anirmis  towards  Scotland.  I  am  not  conscious  of  being 
prone  to  ascribe  improper  motives  to  any  person,  especially  to 
one  for  whom  I  have  felt  an  affectionate  regard ;  but  really  if 
Mr.  Malachi  had  only  the  animus  of  misrepresentation,  it  would 
be  difficult  for  him  to  stumble  on  a  more  unfortunate  collection 
of  assertions  than  are  to  be  found  in  those  letters,  always  ex- 
cepting where  he  is  discussing  only  his  proper  questions  of  banks 
and  currency.  Perhaps  it  might  only  be  intended  as  a  correct 
representation  of  the  Malagrowther  character,  in  like  manner 
as  a  very  honest  gentleman  may  without  offence,  or  any  impu- 
tation on  his  morality,  go  to  a  masquerade  in  the  character  of 
a  highwayman.  If  that  is  the  case,  I  shall  regret  having  mis- 
conceived Mr.  Malachi' s  meaning  and  intention;  but  I  must,  in 
that  event,  be  permitted  to  remark  that  in  these  letters  the  part 
is  greatly  over-acted. 

These  last  observations  apply  equally  to  my  third  head  of 
charge,  viz.,  his  unfounded  attacks  on  the  present  Government. 
He    assumes,  or   rather   asserts   broadly,    that    the    intention    to 


i826.]  LORD  MELVILLE'S  LETTER.  321 

abolish  small  notes  in  Scotland  was  entertained  by  the  Government 
on  the  sole  ground  of  establishing  a  system  of  uniformity  with 
England,  and  not  with  any  view  to  the  advantage  of  Scotland  ; 
and  also  that  the  resolution  having  been  adopted  to  make  it 
simultaneous  with  England,  or  at  the  end  of  six  months,  such 
resolution  had  subsequently  been  abandoned,  and  the  period 
extended  to  six  years,  therein  manifesting  a  "  temporising  and 
unmanly  vacillation."  Possessing,  as  you  will  readily  believe,  full 
knowledge  as  to  everything  that  has  been  done,  or  intended  to 
be  done,  by  the  Government  on  those  several  points,  I  deny  flatly 
and  unequivocally  that  there  is  the  slightest  foundation  for  any 
of  the  above  assertions  or  insinuations ;  they  are  wholly  and 
absolutely  untrue.  Our  first  impression  was  to  leave  Scotland 
untouched,  and  to  comprehend  in  the  measure  only  England  and 
Ireland.  On  further  discussion  at  a  subsequent  period,  and  after 
the  receipt  of  information  of  which  some  amongst  us  had  not 
before  been  in  possession,  it  was  judged  advisable  to  include 
Scotland — not  for  the  sake  of  uniformity,  which  no  one  ever 
dreamt  of  as  a  reason  for  such  a  change,  but  because  it  was 
thought  for  the  permanent  interest  of  that  country,  though  it  was 
deemed  to  be  inexpedient  that  it  should  take  effect  there  as  soon 
as  in  England,  or  at  an  earlier  period  than  six  or  seven  years.  Such 
are  the  real  facts,  and  I  need  not  point  out  to  you  how  totally  at 
variance  they  are  with  the  assertions  of  the  Malagrowther.  Our 
decision  may  have  been  wise  or  the  reverse ;  but  here  again  a 
course  was  adopted  the  more  effectually  to  guard  against  the  risk 
or  the  evil  effects  of  its  having  been  erroneous.  I  wrote  myself 
repeatedly  to  request  that  some  well-informed  gentlemen  from 
the  different  banks  might  come  to  London  in  order  to  afford  the 
fullest  information  on  the  subject,  because  it  might  very  well 
happen  that  in  legislating  on  a  measure  of  that  description  various 
details  which  might  be  applicable  to  one  part  of  the  kingdom 
might  be  inapplicable  and  injurious  to  the  others,  and  in  the 
meantime  everj'thing  relating  to  the  Scotch  question  (and  indeed 
the  Irish  also)  was  suspended.  These  gentlemen  are  now  come  to 
I^ndon,  and  I  presume  that  in  a  few  days,  or  at  least  an  early  period, 
proper  opportunities  will  be  afforded  to  them  of  explaining  at  full 
length  everything  they  may  think  fit  to  urge  upon  the  question. 

I  have  now  performed  a  task  painful  from  deeply  rooted  feel- 
ings of  regard  and  attachment  to  the  individual  whose  assertions 
I  have  been  compelled  to  notice,  but  his  name  having  been  osten- 
tatiously put  forth  on  the  occasion,  it  has  been  impossible  for  me 
to  avoid  dealing  with  these  assertions  as  they  really  deserve.     I 

X 


322  ARNISTON  MEMOIRS.  [1826. 

must  request  that  you  will  communicate  this  letter  in  extenso  to 
Sir  Walter  Scott,  and  you  are  at  liberty  to  do  the  same  if  you 
chuse  to  any  others  of  my  private  friends,  only  taking  care  that 
no  copies  of  it  are  taken. — I  remain,  my  dear  Sir,  yours  sincerely, 

(Signed)         Melville. 
Sir  Robt.  Dun  das,  Bart. 


Sir  Walter  Scott  to  Sir  Robert  Dundas. 

My  dear  Sir  Robert, — I  return  you  Lord  Melville's  letter, 
and  as  it  is  chiefly  intended  for  my  perusal,  I  am  under  the  neces- 
sity of  adding  a  few  observations. 

My  Lord  Melville  is  fully  entitled  to  undervalue  my  arguments 
and  contravene  the  facts  which  I  have  aired.  Very  possibly  the 
former  may  not  be  worth  minding,  and  the  latter  in  some  degree 
incorrect,  though  I  believe  the  general  statement  will  be  found 
substantial. 

But  I  think  it  hard  to  be  called  a  highwayman  for  taking  the 
field  on  this  occasion  when  God  knows  I  had  no  personal  booty  to 
hope  for.  I  think  Lord  Melville  might  have  at  least  allowed  the 
credit  of  Don  Quixote,  who  took  the  field  as  an  imaginary  righter 
of  wrongs. 

Twice  in  my  life  I  have  volunteered  in  public  affairs.  Once 
about  twenty  years  ago  when,  with  zeal  if  with  little  talent,  when 
I  did  so  on  behalf  of  an  honoured  friend  and  patron.  By  doing 
so  I  gave  great  offence  to  persons  then  high  in  office,  some  of 
whom  thought  it  worth  while  to  follow  up  the  debit  with  some- 
thing like  persecution,  insisting  that  I  should  be  sent  to  Coventry 
by  every  friend  I  had  connected  with  that  side  in  politics.  I  have 
never  regretted  that  I  did  this,  though  the  result  was  painful. 

In  the  present  case  the  concern,  which  as  an  individual  I  am 
bound  to  take  in  the  welfare  of  my  country,  has  appeared  to  me 
to  dictate  another  interference  at  which,  to  say  truth,  I  did  expect 
from  the  beginning  some  of  my  great  friends  would  be  displeased. 

I  cannot  complain  of  the  consequences  in  either  of  the  cases, 
since  I  incur  d  the  risque  of  them  voluntarily.  But  I  think  the 
motive  leading  me  to  a  line  of  conduct  which  is  at  least  completely 
disinterested,  ought  to  have  been  considered. 

I  am  perfectly  aware  that  the  pamphlet  was  warmly  written, 
but  its  subject  was  warmly  felt,  and  I  would  not  term  a  blister 
inflammatory  merely  because  it  awakened  the  patient. 

So  much  for  intention  and  manner  of  expression.  I  have  not 
the  vanity  to  think  Lord  Melville  wished  me  to  enter  into  argu- 


i826.]  SIR  WALTER  SCOTTS  REPLY.  328 

ment  on  the  subject.  Were  1  to  do  so  with  a  view  to  his  Lord- 
ship's private  information,  I  coidd  say  very  much  connected  with 
matters  in  which  he  is  deeply  interested  to  show  why  the  course 
I  have  taken  is  beneficial  to  Scotland  and  to  his  Lordship  as  the 
guardian  of  her  subjects.  But  the  mode  in  which  his  Lordship 
has  intimated  his  sentiments  renders  this  impossible. 

I  might,  I  think,  complain  that  so  long  a  letter  is  sent  for  the 
purjK)se  of  being  shown  to  his  I^)rdshi])'s  private  and  confidential 
friends,  and  is  not  to  be  copied — although  I  am  so  deeply  impli- 
cated— or  even  a  copy  of  it  permitted  to  remain  with  me,  the  person 
at,  though  not  to  whom  the  whole  is  written.  Most  of  these 
individuals  must  in  our  little  and  limited  circle  be  my  friends  also, 
and  it  seems  hard  that  where  such  sharp  language  is  used  I  am  to 
be  deprived  of  the  usual  privilege  of  putting  myself  on  my  own 
defence,  and  that  before  such  a  special  jury. 

The  circumstances  respecting  the  Naval  Station  and  Military 
force  are  not  written  by  me  on  my  own  authority,  for  I  know 
nothing  of  the  matter,  but  were  inserted  on  the  information  of  a 
personal  friend,  no  less  of  mine  than  of  Lord  Melville,  and  they 
really  are  not  founded  on  anything  of  much  importance,  and  the 
general  statement  is  not  I  think  untested.  The  clubbery  of  our 
great  Officers  of  State  is  certainly  accurate.  The  facts  alluded  to 
by  Lord  Melville  respecting  something  like  insecurity  of  the  banks 
I  certainly  never  heard.  But  who  was  more  distressed  during  the 
changeful  events  of  the  last  war  than  the  Bank  of  England  }  And 
so  must  every  great  commercial  body  during  such  extraordinary 
circumstances — it  is  not  for  such  but  for  the  ordinary  state  of 
commerce  that  laws  are  made.  When  danger  comes  according  to 
circumstances  Marshal  Law  is  proclaimed.  The  Habeas  Corpus 
is  suspended,  and  the  issuing  of  specie  from  the  bank  is  dispensed 
with.  But  these,  like  the  appointment  of  a  Dictator  in  Rome,  on  the 
dictates  of  stem  necessity.    Legislators  do  not  make  laws  for  them. 

I  must  with  whatever  pain  to  myself  understand  the  circula- 
tion of  such  a  paper  without  any  copy  being  permitted  as  a  general 
annunciation  to  Lord  Melville's  friends  that  Malachi  is  under  the 
ban  of  his  party.  I  am  not  surprised  that  Lord  Melville  parts 
lightly  with  a  friendship  which,  however  sincere,  cannot  be  of  any 
consequence  to  him.  He  cannot  prevent  me  from  continuing  the 
siime  good  wishes  to  him  which  no  man  has  more  sincerely  enter- 
tained, and  which  no  endurance  of  his  resentment  can  alter. 

Other  times  may  come  before  we  are  either  of  us  elsewhere,  and 
he  will  find  Walter  Scott  just  where  he  was,  without  any  feeling 
of  animosity,  but  with  the  same  recollection  of  former  kindness. 


S24  ARNISTON  MEMOIRS.  [1826. 

I  own  my  intention  regarded  the  present  question  much  less 
than  to  try  if  it  were  possible  to  raise  Scotland  a  little  to  the  scale 
of  consideration  from  which  she  has  greatly  sunk.  I  think  that 
John  Hume  mentions  that  Hepburn  of  Keith,  a  private  gentleman 
of  pleasant  manners  and  high  accomplishments,  was  regretted  by 
the  Whigs  as  having  induced  him  to  sacrifice  himself  to  a  vain  idea 
of  the  independence  of  Scotland.  With  less  to  sacrifice  and  much 
fewer  to  regret  me,  I  have  made  the  sacrifice  probably  as  vainly. 
But  I  am  strongly  impressed  with  the  necessity  of  the  case,  and 
I  know  that  not  a  man  will  speak  out,  but  one  who  like  myself  is 
at,  above  and  below  consequences.  Scotland  is  fast  passing  under 
other  management  and  into  other  hands  than  Lord  Melville's 
father  would  have  permitted.  In  points  of  abstract  discussion, 
quickness  of  reform,  etc. ,  the  Whigs  are  assuming  an  absolute  and 
undisputed  authority.  Now  here  was  a  question  in  which  the 
people  might  be  taken  absolutely  out  of  their  demagogues,  and 
instead  of  that  our  numbers  strengthen  the  hands  of  these  men 
with  ministerial  authority  to  cram  the  opinions  of  these  speculative 
economists  down  the  throat  of  an  unwilling  people,  as  they  have 
crammed  a  dozen  of  useless  experiments  already.  I  could  say 
more  of  this  and  to  the  same  purpose,  but  I  need  not  make  both 
Whigs  and  mistaken  Tories  alike  my  enemies.  And  yet,  if  I  could 
do  good  by  doing  so,  I  would  not  care  much  for  any  personal  con- 
sequences. 

Concerning  the  first  part  of  Lord  Melville's  letter  you  are,  I 
am  sure,  aware  that  individually  I  rather  discouraged  the  applica- 
tion of  the  Clerks  of  Session  for  an  augmentation,  and  signed  the 
memorial  in  deference  to  the  opinion  of  my  brethren  who,  enter- 
taining such  a  sense  of  their  pretensions,  I  did  not  think  I  had 
any  title  to  withdraw  myself  from  their  body.  I  certainly  con- 
sider that  we  were  and  are  harshly  treated  in  the  case  of  our 
brother  Ferriar.  As  to  the  argument  that  good  men  will  be  got 
to  fill  our  offices  at  less  than  our  emoluments,  I  will  engage  that 
if  every  public  office  were  exposed  to  auction  on  the  Dutch 
principle  that  every  man  should  underbid  instead  of  overbidding 
each  other,  and  preferring  the  lowest  bidder,  they  would  be  all 
reduced  to  a  very  moderate  standard.  Old  Fleming  offered  to  be 
a  King  for  .£500  a  year.  How  far  this  would  lead  to  the  improve- 
ment of  the  country  is  de  quo  quoeritur,  the  improvement  would  be 
a  radical  one. 

I  have  written  a  great  deal  more  than  I  intended,  and  still  I 
could  write  much  more  fully  in  the  controversy,  but  I  am  con- 
scious that  I  am  a  rash  cudgel-player,  and  incapable  of  expressing 


1826]  THE  RECONCILIATION.  325 

regret.  When  I  have  no  feeling  except  of  sorrow,  I  think  it  is 
better  to  stop  as  I  am. 

When  I  say  that  I  regret  Lord  Melville's  alienation,  I  hope 
his  Lordship  will  understand  it  is  that  of  the  friend  and  early 
companion,  not  of  the  Minister.  In  the  latter  capacity  I  have 
always  found  Lord  Melville  more  kind  and  attentive  to  my  personal 
concerns  than  I  had  any  title  to  expect,  and  I  think  his  Lordship 
will  do  me  the  justice  to  say  I  have  seldom  troubled  him  with 
personal  requests.  If  I  have  been  frequently  an  intrusive  solicitor 
for  others  it  has  been  for  persons  reconnnended  either  by  talents, 
by  distress,  or  by  merits  towards  Government. 

I  wish  you  may  be  able  to  read  this,  but  by  candle-light  I 

cannot  write  so  distinctly  as  usual.      I  request  you  will  transmit  to 

Lord  Melville.     I  have  read  it  once  over  and  keep  no  copy.     But 

I   should   think   it   fair,   with   his    Lordship's   permission,  that   it 

should  be  shown  to  these  friends  to  whom  he  wishes  you  to  show 

his  own  letter.     If  I  am  wrong,  I  have  a  title  that  men  should 

know  that   I  have  erred  from  honourable  and  patriotic  motives. 

The  event  will  show  whether  I  have  erred  or  not.     If  I  have, 

there  is  not  much  harm  done ;  and  if  I   have  not,  I  am  sure  I  do 

not  know  whether  I  ought  to  be  glad  or  sorry  for  it. — Adieu,  dear 

Sir  Robert,  I  am  always  affectionately  yours, 

/-  ..  „     f    o  n  Walter  Scott. 

Castle  Street,  9  March  1826. 

The  Malagrowther  letters  treated  of  a  subject  on  which 
Scott  was  ignorant ;  and  he  remarks  in  his  diary,  while  writing 
the  second  letter,  "  Had  some  valuable  conununications  from 
Colin  Mackenzie  which  will  supply  my  plentiful  lack  of  facts.'' 
The  Ministers  were,  not  unnaturally,  "  sore  beyond  imagina- 
tion '^  at  such  an  attack  ;  and  Lord  Melville's  letter  was  their 
reply,  one  result  being  "  a  (juarrel  in  all  the  forms ''  between 
Sir  Walter's  old  friend  and  himself.  It  was  not,  however,  per- 
mitted to  last  long.  A  message  from  I^)rd  Melville  was  sent 
to  Scott,  through  Sir  Robert  Dundas,  expressing  the  assurance 
that  however  strong  Lord  Melville's  dissent  from  Malachi'^s  views 
on  the  currency  might  be,  it  would  not  be  allowed  to  interrupt 
his  affectionate  regard  for  the  author ;  and  this  message  was 
accepted  by  Sir  Walter  in  the  spirit  in  which  it  was  sent. 

At  one  period  of  the  struggle  Sir  Walter  had  had  to 
encounter  the  keen  wit  and  practised  irony  of  Mr.  Croker, 
who  replied  to  the  Letters  of  Mahichi  Malagrowther  in  the 


326  ARNISTON  MEMOIRS.  [1826. 

Cow'ie?'  newspaper  under  the  assumed  name  of  "  Edward  Brad- 
wardine  Waverley/'  Mr.  Croker's  tone  was  highly  provoking, 
and  although,  as  his  biographer  candidly  admits,  the  victory 
rested  with  the  author  of  Waverley^  nevertheless  some  of  his 
observations  were  sharp,  and  extremely  well  calculated  to  irri- 
tate his  antagonist.  Perhaps  his  best  point  was  made  in 
answer  to  Sir  Walter^s  allusion  to  the  edges  of  the  Scottish 
claymores.  "  I  shall  not,''  he  wrote,  "  stop  to  inquire  whether 
the  edge  of'  a  claymore  is  a  good  argument  in  a  question  of 
legal  improvement  or  civil  administration,  nor  will  I  insist  on 
the  obvious  retort  that  if  claymores  had  edges  at  Prestonpans, 
bayonets  had  points  at  CuUoden.""  Often  during  his  long 
literary  career  was  the  pen  of  Mr.  Croker  dipped  in  gall,  but, 
although  he  considered  that  Sir  Walter  had  "  attacked  with 
great  violence  and  injustice  the  administration  of  Lord  Melville, 
and,  indeed,  of  our  party  in  general,''  he  had  too  much  genuine 
regard  for  him  to  be  as  implacable  as  usual.  Sir  Walter, 
though  quite  prepared  for  a  set-to, — "  As  to  my  friend  Croker, 
an  adventurer  like  myself,  I  would  throw  my  hat  into  the  ring 
for  love,  and  give  him  a  bellyful,"  he  wrote  to  Sir  Robert 
Dundas — as  soon  as  he  saw  that  he  had  gained  his  point,  was 
also  very  ready  to  make  up  the  peace.  "  I  thought  it  best,"  he 
writes  to  Mr.  Croker,  "  not  to  endanger  the  loss  of  an  old 
friend  for  a  bad  jest,  and  sit  quietly  down  with  your  odd  hits, 
and  the  discredit  which  it  gives  me  here  for  not  repaying  them, 
or  trying  to  do  so." 

In  1826  signs  of  the  coming  storm,  which  was  about  to 
subvert  the  old  political  state  of  Scotland,  began  to  appear. 
The  family  at  Arniston  were  startled  by  hearing  of  a  plot  on 
the  part  of  a  section  of  the  Edinburgh  Town  Council  to  throw 
off  their  old  allegiance,  and  to  elect  the  Lord  Provost  ^  as  their 
member,  in  place  of  William  Dundas,  who  had  represented  the 
city  since  1812.^     At  the  first  intimation  of  such  a  piece  of 

^  Coi'respondence  and  Diaries  of  the  Right  Hon.  John  Wilson  Croker,  vol.  i. 

P-  314. 

2  The  Lord  Provost  was  Mr.  "William  Trotter,  upholsterer  in  Edinburgh. 

^  The  hospitalities  of  the  Arniston  family  to  the  Town  Council  had  continued 
(from  the  days  of  the  first  President)  down  till  shortly  before  this  episode.  Mrs. 
Dundas,  wife  of  the  Chief  Baron,  notes  in  her  Diary,  '  Sep.  2nd,  Arniston. — The 
Magistrates  and  Council  of  Edinburgh  dined  here  ;  Gow  played  during  dinner  in 
the  Hall.' 


i826.]  THE  TOWN-COUNCIL.  S«7 

treacliery,  Rol)ert  Duiidas  seems  to  have  pounced  uj)on  the  un- 
hicky  Provost,  and  to  have  broii<rht  him  to  book.  In  a  letter 
to  his  uncle,  Lord  Melville,  he  describes  what  took  j)lace : — 


Robert  Dundas  to  Lord  Melville. 

Friday^  June  2</,  1826. 

This  morning  D'^  Wood,  one  of  the  town-councillors,  informed 
me  that  three  days  ago  a  deputation  of  the  trades  waited  upon 
Trotter,  the  Provost,  to  offer  him  uncle  William's  seat ;  that  he 
(Wood)  had  just  found  this  out  by  accident ;  that  Trotter  wished, 
if  possible,  to  accept,  but  felt  that  it  was  almost  out  of  his  power 
to  do  so ;  that  he  was  far  from  having  given  a  decided  negative  ; 
and  that  the  negotiation  was  still  going  on. 

Hope  1  and  I  saw  at  once  that  despatch  was  the  only  remedy  ; 
so,  taking  T.  Cranstoun  ^  with  me,  I  went  straight  to  the  Provost. 
He  came  itifo  the  room  sliak'mg  and  trcmh/i?ig  and  clearly  asliamed  of 
himself.  The  general  tenour  of  the  interview  was  that  he  felt 
most  highly  flattered  with  the  offer ;  that,  however,  he  was  pledged 
to  uncle  William,  and  that  the  seat  was  in  his  hands  (the  Provost's), 
as  there  was  a  clear  majority  in  his  favour;  that  he  meant  to  call 
a  meeting  of  "  the  chairs  "  that  day  to  consult  them ;  that  he  had 
not  mentioned  it  to  me  or  to  Hope,  or  had  not  written  to  you ; 
that  he  thought  the  best  thing  for  our  interests  was  to  give  no 
decided  answer,  as  in  that  case  the  enemy  would  start  some  one 
else.  I  answered  that  of  course  he  was  pledged,  and  that  I  did 
not  believe  in  the  alledged  majority,  and  that  if  he  really  looked 
to  our  interest,  or  indeed  to  his  own,  he  should  meet  all  such  pro- 
posals with  a  decided  refusal. 

The  prompt  and  vigorous  steps  taken  for  suppressing  the 
civic  rebellion  were  successful.  The  councillors  were  canvassed  ; 
and  in  a  letter  of  the  4th  of  June  to  Lord  Melville,  Robert 
Dundas  reports  the  result  as  being  "  twenty  for  us,  and  eleven 
against  us,  and  two  out  of  town.""  A  note  is  preserved  of  the 
details  of  the  canvass,  giving  in  pithy  remarks  the  character- 
istics of  each  of  the  voters,  in  terms  more  expressive  than  com- 
})limentary : — 


*  John  Hope,  Solicitor-General  for  Scotland. 

*  Thomas  Cranstoun,  Esq.  of  Harviestoun.     He  was  agent  for  the  family. 


S28  ARNISTON  MEMOIRS.  [1826. 

LIST  OF  TOWN  COUNCIL. 

(Enclosed  in  Mr.  Dundas's  Letter  to  Lord  Melville.) 
The  Lord  Provost. 
William    Gilchrist,  was    out  of  town,  but  said  to  be  quite 

steady. 
Robert  Mitchell,  quite  steady  and  firm. 
John  Bonar,  quite  steady. 

Adam  Anderson,  do.  do.,  useful  for  information. 
Robert    Wright,  false    and  unfriendly  :    a  decided  foe,  and 

dares  not  say  so. 
William  Patison,  a  steady  friend. 
Al.  Henderson,  a  friend,  but  unsteady  character. 
Ar.  M'Kinlay,  a  decided  friend,  and  true  as  steel. 
John  Smith,  do.  do.,  also  useful  for  information. 
Robert  Smith,  was  away;  said  to  be  hostile  :  at  best  doubtful. 
Peter  Forbes,  hostile  and  dangerous. 
John  Waugh,  a  friend,  tho'  a  Puritan. 
RoBT.  Hall,  a  friend. 
Dav.  Cunningham,  a  friend  sure. 
Adam  Luke,  doubtful,  but  to  be  gained. 
James  Leishman,  a  friend  and  an  honest  man.     A  Whig,  but 

thinks  things  as  they  are  best. 
David  M.  Gibbon,  )  Two   zealous,   active,  and    useful    friends. 
Dr.  W.  Wood,        j         steady  and  zealous. 

James   Milne,  a  clever  fellow,  a  Whig  savant   not  to  be  de- 
pended upon. 
Dr.  D.  Hay,  quite  friendly  at  present,  but  scarce  to  be  trusted. 

A  Whig  in  politics,  and  a  Puritan  in  faith. 
Robert  Legate,  an  honest,  simple  man,  apt  to  be  led  away, 

but  willing  to  do    right.     Is    heartily  sick  of  the  whole 

business.     Is  right  at  present. 
William  Purvis,  a  conceited  Radical  and  enemy. 
John  Menzies,  the  same,  only  with  less  conceit  and  less  brass, 

but  more  dangerous. 
John  Guthrie,  a  foe,  also  a  fool. 
James  Nasmyth,  a  bitter  foe. 

Thomas  Miller,  all  right,  but  a  Puritan  I  am  afraid. 
John  Clark,  a  Whig  and  an  enemy  decided. 


1827.]  ILLNESS  OF  LORD  LIVERPOOL.  $99 

James  Broun,  a  friend,  but  not  to  trust  to. 

T.  Sawyers,  the  focus  of  discord. 

Alexander  Murray,  an  enemy,  but  a  "  turner." 

Robert  Ridie,  a  friend. 

\V.  Paterson,  ditto  to  Sawyers. 

Lord  Melville  to  Robert  Dunoas. 

Monday ^  ^thjutu. 
My  dear  Robert, — I  have  received  to-day  your  letter  of  the 
2"**,  and  also  one  from  the  Lord  Provost  on  the  same  subject,  viz., 
the  modest  proposal  to  elect  him  for  Edinburgh.  There  is  not 
time  this  afternoon,  before  the  departure  of  the  post,  but  I  will 
to-morrow  send  you  his  letter,  and  the  copy  of  one  I  have  written 
to  him.  I  hope  that  whatever  may  have  been  the  threatened 
backslidings  of  the  said  Provost,  or  the  formidable  weight  of 
his  vanity,  when  put  into  the  scale  against  his  honesty,  the  Lord 
Register  will  have  behaved  to  him  as  if  he  had  spurned  the  offer 
with  the  utmost  indignation. — Y*^  ever,  M. 

A  few  lines  from  the  Provost  closes  the  correspondence.  He 
is  happy  to  hear  Mr.  William  Dundas's  majority  is  so  decided, 
and  hopes  the  election  will  be  unanimous,  "  the  object  he  had 
been  anxiously  endeavouring  to  attain !  As  to  the  other 
matters  introduced  into  Mr.  Robert  Dundas's  note,  it  can  now 
serve  no  good  purpose  to  discuss  them,  and  therefore,  with  his 
leave,  the  Provost  will  endeavour  to  forget  them.'^ 

On  the  17th  of  February  1827  Lord  Liverpool  was  seized 
with  a  fit  of  apoplexy,  and  although  he  survived  its  effects  for 
some  time,  the  illness  brought  his  public  life,  and  the  Ministry 
of  which  he  had  been  head,  to  a  close.  After  some  delay,  the 
king  determined  upon  the  10th  of  April  to  send  for  Mr.  Canning, 
and  to  intrust  him  with  the  formation  of  a  new  Administration, 
of  which  he  was  to  be  the  head.  "  Mr.  Canning,''  says  Wade, 
"  forthwith  began  to  make  his  arrangements  under  the  impres- 
sion that  his  former  colleagues  would  bow  to  his  supremacy ; 
in  lieu  of  which,  within  forty-eight  hours  after,  seven  leading 
members  of  the  Cabinet  sent  in  their  resignations.  These  Mr. 
Canning  on  the  12th  took  to  St.  James's,  and  laying  them  en 
masse  before  the  king,  said :  '  See  here,  sire,  what  disables  me 
from  executing  your  Majesty's  will.'    However,  before  separating 


330  ARNISTON  MEMOIRS.  [1827. 

from  his  late  colleagues,  Mr.  Canning  had  opened  negotiations 
with  the  leading  Whigs,  and  ultimately  the  bulk  of  the  oppo- 
sition undertook  to  support  him,  without  stipulating  for  the 
immediate  possession  of  places,  merely  on  the  ground  of 
approval  of  his  late  policy.  Under  tliese  circumstances  the 
Canning  ministry  was  constituted.'' 

The  seven  ministers  who  retired  were  the  Duke  of  Welling- 
ton, Mr.  Peel,  Lord  Eldon,  Lord  Melville,  Lord  Londonderry, 
Lord  Bathurst,  and  Lord  Westmoreland. 

Those  who  took  office  under  Mr.  Canning  were  Lord  Bexley 
and  Lord  Harrowby,  along  with  Messrs.  F.  Robinson,  Huskis- 
son,  and  Wynn.  It  has  always  been  thrown  in  the  teeth  of 
the  seven  retiring  Ministers  that  their  concerted  action  was 
taken  specially  witli  the  view  of  preventing  the  formation  of 
a  Ministry  under  Mr.  Canning.  But,  although  the  point  is 
now  of  but  little  interest,  it  may  be  said  that  the  late  Lord 
Melville,  who  perfectly  remembered  all  that  took  place,  was 
able  to  state  that  such  was  not  the  case.  Their  refusal  to  act 
with  Mr.  Canning  arose  entirely  from  their  knowledge  that  he, 
previous  to  their  refusal,  had  been  intriguing  with  the  Whig- 
leaders  for  their  support. 

The  Whigs  who  were  induced  to  join  Mr.  Canning  and 
the  section  of  the  Tory  party  which  adhered  to  him,  were 
Tierney,  Lord  Carlisle,  and  Lord  Lansdowne. 

Although  it  was  hoped  by  the  more  sanguine  members  01 
the  Tory  party  that  the  Piebald  Administration^  as  the  new 
Government  was  nicknamed,  would  shortly  succumb  between 
the  hostility  of  the  great  body  of  the  old  Tories,  and  the  luke- 
warm support  which  was  all  that  could  be  expected  from  the 
Whigs,  still  the  Canning  schism  was  a  grievous  blow  to  the 
stability  of  the  Tory  party. 

In  Scotland,  particularly,  the  blow  was  one  from  which  no 
complete  recovery  was  ever  made.  The  retirement  of  Lord 
Melville  from  the  Admiralty  involved  his  retirement  from  the 
management  of  Scottish  business  ;  and  this  event  was  regarded 
with  various  feelings.  "The  retirement  of  Lord  Melville,'' 
says  Cockburn,  "  from  the  government  of  Scotland  was  not  an 
event  for  which,  in  itself',  any  candid  Scotch  Whig  could 
rejoice ;  because  no  man,  individually,  could  have  conducted 
the  affairs  of  the  country  with  greater  good  sense  and  fairness, 


1827.]  THK  CANNING  ADMINISTRATION.  SSI 

or  with  less  of  party  i)reju(Hce  or  bitterness."*'  Dr.  Chalmers, 
on  the  othor  hiuul,  writes:  "The  great  deliverance  whieli  I 
feel  in  the  recent  changes  is  the  removal  of  I^)r(l  Melville  from 
an  influence  of  which  I  am  sorry  experimentally  that  it  had  a 
most  blasting  and  deleterious  effect,  both  on  the  interests  of 
literature  and  tlie  Cliurch."' 

Robert  Dundas  took  a  most  gloomy  view  of  the  position 
of  affairs.  Although,  jus  appears  from  the  letters  which  he 
received,  some  of  his  friends  thought  otherwise,  there  ciin  be 
no  doubt  that  he  was  right,  and  that  both  the  Tory  party,  and 
the  influence  of  tlie  Arniston  family,  liad  suffered  irreparable 
damage  from  the  recent  crisis.  It  was  not  only  that  I^)rd 
Melville  was  out  of  office,  and  had  no  longer  the  business  of 
Scotland  in  his  hands, — that  might  have  changed  with  another 
change  of  Government ;  but  the  whole  system  of  Scottish 
management  was  altered.  The  ffrst  intention  of  Mr.  Canning 
had,  indeed,  been  to  hand  Scotland  over  to  Llord  Binning. 
But  some  of  the  Whig  mend)ers  remonstrated  ;  and  the  result 
was  that  no  Scottish  manager  was  appointed.  Lord  Lans- 
downe,  who  became  Home  Secretary,  conducted  the  business  of 
Scotland  himself;  and  Whig  councils  were  those  to  which,  as 
a  Whig,  lie  naturally  listened. 

It  was  under  these  circumstances  that  the  following  letters 
were  written  : — 

Lord  Abercromby  to  Robert  Dundas. 

{About)  Feb.  22^,   1827. 

My  dear  Robert, — I  enclose  for  your  private  perusal  and 
Hope's  a  few  lines  which  I  received  from  Lord  M.  two  days  after 
Lord  Liverpool's  illness. 

It  was  written  under  the  impression  that  Lord  Liverpool  would 
not  long  survive,  and  if  in  that  event  the  Cabinet  had  decided, 
and  easily  one  may  fairly  say,  to  do  nothing  in  a  hurry,  the 
prolongation  of  Lord  L.'s  life  is  so  far  a  sort  of  relief  to  them, 
as  no  arrangements  can  very  well  be  made  till  he  is  in  a  state  to 
tender  his  resignation  and  till  the  King  comes  to  town. 

Had  either  of  the  contending  parties  in  the  Cabinet  felt  them- 
selves strong  enough  to  dispense  with  the  services  of  the  other, 
this  would  not  have  been  the  decision. 

My  conjecture  therefore  is,  that  we  shall   have  no  material 


332  ARNISTON  MEMOIRS.  [1827. 

change,  and  certainly  none,  in  my  judgement,  to  excite  any  un- 
easiness in  your  mind. 

The  case  probably  would  have  been  between  the  Duke  of 
Wellington  and  Canning.  They  are  both  tacticians,  and  I  think 
we  may  leave  it  to  them  to  settle  the  point  of  supremacy.  My 
conjecture  is  that  Canning  will  content  himself  with  less  than  all, 
and  we  shall  see  what  concessions  may  be  made  from  the  other 
side. 

A  great  difficulty  remains  behind,  and  I  cannot  solve  it,  namely, 
how  Lord  Liverpool's  place  is  to  be  supplied  in  the  House  of 
Lords.  1  do  not  agree  in  opinion  with  your  uncle  (Lord  Melville) 
upon  this  point ;  it  is  not  likely  that  Canning  will  leave  the  House 
of  Commons. 

If  I  hear  anything  worth  communicating  I  will  let  you  know. 

We  shall  be  most  happy  to  see  Mrs.  D.  and  you  at  the  time 
you  mention.  I  believe  I  must  go  to  town  to  support  my  friend 
Pinkie^  on  the  12*^'. — Yours  sincerely,  Abercromby. 

Robert  Adam  Dundas,  M.P.,  to  Robert  Dundas. 

London,  May  31,  1827. 
My  dear  Robert, — Yesterday  I  received  your  letter,  and  al- 
though I  enter  in  some  degree  into  your  feelings  with  regard  to 
the  present  state  of  affairs,  particularly  with  regard  to  Scotland 
yet  I  cannot  see  any  reason  why  you  should  be  so  dreadfully 
apprehensive  of  utter  ruin.  I  by  no  means  consider  Lord  Melville's 
interest  and  yours  placed  in  so  lamentable  a  situation.  I  by  no 
means  consider  your  future  prospects  for  ever  checked  by  the  late 
changes  in  the  administration ;  and  I  am  by  no  means  convinced 
that  these  changes  have  met  the  approbation  of  the  King,  or  the 
sense  of  the  country.  At  the  time  M^  Pitt  went  out  of  office,  Scot- 
land was  placed  in  a  far  more  awkward  predicament.  What  was  said 
at  Lord  Melville's  impeachment  as  to  your  prospects  of  success  in 
public  life  ?  What  was  said  at  the  death  of  Mr.  Pitt  and  the  changes 
that  then  took  place  ?  Every  one  of  these  changes  was  apparently 
a  death-blow  to  all  the  former  interests  established  in  Scotland. 
At  that  time  there  were  individuals  in  Scotland  who  endeavoured 
to  establish  an  ascendancy  there,  and  whom  we  had  every  reason 
to  dread.  At  present  the  case  is  totally  different.  If  Lord  Lans- 
down  were  Minister  to-morrow,  and  all  of  us  in  rancorous  opposition 
with  the  Duke  of  Buccleuch,  L^^  Hopetoun  and  Lauderdale,  who 


^  Sir  John  Hope  of  Pinkie. 


1827.]  THE  CANNING  ADMINISTRATION.  333 

is  the  most  malii/^nant  Peer  in  the  House  with  the  exception  of 
Lord  Grey,  the  Whiffs  could  not  establish  a  powerful  interest. 
From  what  I  saw  of  Hope  at  the  time  he  was  here,  it  appeared  to 
WW  that  he  was  acting  most  judiciously.  Should  (  auniii^  break 
faith  with  him,  of  which  I  have  very  little  doubt,  should  Lansdown 
as  Secretary  of  State  insist  on  having  the  patronage  of  Scotland, 
then  you  will  have  a  most  favourable  opportunity  of  striking  your 
colours  also.  On  no  account  at  present  talk  of  giving  up  your 
office.  As  a  friend  of  Mr.  Peel  it  is  the  worst  and  most  injudicious 
step  you  could  take ;  he  would  give  you  no  such  advice.  That 
Canning  is  a  rogue  I  am  convinced,  and  were  I  to  give  you  a 
history  of  all  the  details  of  his  late  intrigues  which  are  now  become 
common  topics  of  conversation  in  society,  you  would  be  astonished 
at  the  lies  and  tricks  of  the  R*  Hon*^^®  gentleman.  I  am  equally 
certain  that  Hope  forms  a  very  false  impression  of  his  integrity, 
and  the  stability  of  his  government,  and  that  a  short  experience 
will  show  that  he  has  been  completely  deceived.  Read  the  debates 
and  see  what  a  fool  the  Whigs  have  already  made  of  Canning. 
He  pressed  strongly  on  the  House  the  impropriety  of  disfranchising 
Penrhyn.  His  emissaries  were  on  the  long  trot  the  whole  evening, 
every  minister  spoke  on  his  side,  and  yet  see  how  he  was  beaten. 
Read  the  squabbles  every  night  about  the  Test  and  Corporation 
Acts ;  and  see  how  weak  he  is  with  all  his  new  adherents  against 
him.  In  short  there  is  not  a  great  constilutional  question  on  which 
the  Government  is  unanimous.  It  is  quite  absurd  to  suppose  this 
can  go  on  long,  and  I  can  assure  you  the  public  opinion  is  becom- 
ing more  decided  every  day  against  the  present  Administration. 
All  that  we  desire  is  a  question  to  justify /?/«>  opposition,  and  I  have 
no  doubt  of  Mr.  Peel's  power  in  the  Commons. 

I  have  not  sat  behind  the  Treasury  Bench^  since  the  late 
changes.  Henry  Scott^  you  may  trust ;  he  is  with  M"*  Peel.  In 
Adam  Hay,^  John  Campbell,*  and  Duncan  Davidson,^  you  have 
sworn  allies.  They  have  proved  it  on  the  Leith  Police  Bill 
Committee,  and  will  prove  it  against  Dalrymple  and  the  Police 
Commissions  to-day.  Do  not  despair.  Were  you  here,  you 
would  view  public  affairs  under  a  very  different  aspect  to  what 
you  do  in  Edinburgh. — Y"*  sincerely,  R.  A.  Dundas. 

*  Mr.  R.  A.  Dundas  was  memljer  for  Ipswich. 

-  Henry  Francis  Scotl,  M.P.  for  Roxburghshire,  afterwards  Lord  Polwarth. 
'  Adam,  afterwards  Sir  Adam  Hay,  M.P.  for  Selkirk,  etc. 
■*  John  Campbell,  M.P.  for  Dumbartonshire. 

*  Duncan  Davidson  of  TuUoch,  M.  P.  for  Cromarty  and  Nairn. 


334  ARNISTON  MEMOIRS.  [1827. 


David  Anderson  of  Moredun  to  Robert  Dundas. 

MOREDUN,  gth/tdy  1827. 
My  dear  Sir, — My  brother  Adam  ^  has  communicated  to  me  the 
conversation  you  had  with  him  two  days  ago  respecting  the  state 
of  the  county  politics,  when  you  mentioned  to  him  that  in  the 
event  of  an  immediate  dissohition  of  Parhament  it  was  not  im- 
possible but  that  some  member  of  your  family  might  come  forward 
as  a  candidate  for  the  representation  of  the  county. 

I  am  happy  to  take  the  earliest  opportunity  of  expressing  the 
respect  that  both  my  brother  and  I  entertain  for  your  family,  and 
of  assuring  yourself  that  if  you  have  any  thought  of  standing  for 
the  county  you  may  depend  upon  our  most  zealous  and  hearty 
support. 

With  the  members  of  Lord  Melville's  family  I  have  but  a  very 
slight  acquaintance,  but  entertaining  as  we  do  a  hereditary  respect 
for  Lord  Melville,  and  admiring  most  sincerely  the  high-minded 
feelings  which  have  influenced  his  conduct  during  the  late  changes 
in  administration,  I  have  no  hesitation  in  saying  that  were  Parlia- 
ment to  be  dissolved  at  present,  we  would  give  our  cordial  support 
to  any  son  of  his  that  might  offer  himself  to  the  county. 

To  our  present  member  ^  I  entertain  every  feeling  of  regard  and 
good-will,  but  he  has  attached  himself  to  an  administration  which 
I  can  by  no  means  approve  of,  and  which,  as  it  is  supported  by 
the  most  violent  of  the  Whig  party,  I  cannot  but  regard  with 
feelings  of  great  suspicion. — Y^"  most  faithfully, 

D.  Anderson. 

Mr.  Canning  died  on  the  8th  of  August,  and  was  succeeded 
as  Premier  by  Lord  Goderich.  But  his  term  of  office  was 
short.  Before  his  death  Mr.  Canning  had  resolved  to  appoint 
a  finance  committee  to  inquire  into  the  state  of  the  revenue. 
Lord  Goderich  revived  this  project,  and,  on  the  advice  of  Mr. 
Huskisson,  proposed  to  nominate  Lord  Althorp  as  chairman. 
Mr.  Herries,  who  was  Chancellor  of  the  Exchequer,  took  offence 
because  he  had  been  passed  over,  and  sent  in  his  resignation. 
It  was  not  accepted.  But  he  and  Mr.  Huskisson  were  now  on 
such  bad  terms  that  the  Prime  Minister  found  it  impossible 

^  Adam  Anderson,  afterwards  a  judge  with  the  title  of  Lord  Anderson. 
-  Sir  George  Clerk  of  Penicuik, 


i828.]       THE  WELLINGTON  ADMINISTRATION.  SS5 

to  reconcile  them  ;  anil  the  result  was  that  the  Administration 
came  to  an  end. 

The  King  sent  for  the  Duke  of  Wellington,  who,  in  Janu- 
ary 1828,  succeeded  in  forming  a  Cabinet.  I^)rd  Lyndhurst 
was  lAH'd  diancellor;  Mr.  Goulburn,  Chancellor  of  the 
Kxche(|uer ;  Mr.  Peel,  Home  Secretary ;  Lord  Dudley,  Foreign 
Secretary ;  Lord  Palmerston,  Secretary  at  War ;  and  Mr. 
Grant,  President  of  tlie  Board  of  Trade.  Mr.  Husicisson  was 
a})p()inted,  against  tlie  wishes  of  many  among  the  DukeV 
supporters.  Colonial  Secretary.  During  I^ord  Liverpool's  long 
term  of  office  I^ord  Melville  had  been  in  the  Cabinet  as  First 
Lord  of  the  Admiralty  ;  but  he  now  consented,  to  the  disap- 
pointment of  his  friends  in  Scotland,  who  wished  him  to  insist 
on  having  (me  of  the  highest  offices  in  the  Government,  to 
become  President  of  the  Board  of  Control. 


Lady  Melville  to  her  Nephew  Robert  Dundas. 

Green  Street, /a«.  21st,  1828.     Evening. 

Mv  DEAR  Robert, — I  would  have  written  by  this  day's  post, 
but  was  so  hurried  by  house  visiting,  and  visits  to  particular  friends, 
that  I  had  no  time,  and  I  now  prepare  a  letter  as  the  same  impedi- 
ments will  recur  to-morrow. 

I  am  anxious  to  make  my  confidential  communications  to  yow, 
but  you  must  understand  that  they  are  to  be  confined  to  yourself. 
The  statement  you  see  in  to-night's  Standard  is,  I  believe,  correct ; 
the  appointments  are  as  stated  there,  so  far  as  I  understand,  and 
after  the  manner  in  which  Lord  Melville's  immediate  friends 
treated  his  resignation,  and  the  allegations  they  made  at  that 
time  in  regard  to  the  Duke  of  Wellington,  I  cannot  but  confess 
that  I  do  sincerely  regret  the  turn  the  appointments  have  taken, 
as  they  regard  the  Duke.  The  fact,  I  believe,  is  true  that  in  spite 
of  the  complete  secrecy  which  the  Duke  had  insisted  on  as  to  his 
arrangements,  by  some  neglect  or  worse,  the  projected  list  got 
into  the  Morning  Chronicle  the  very  morning  that  Lord  Melville 
was  to  arrive,  and  before  his  opinion  could  be  taken.  When  he 
arrived  he  found  the  Duke  and  Mr.  Peel  were  in  great  indignation . 
and  Mr.  Peel  declared  his  perfect  readiness  to  accommodate  to 
any  other  arrangement  for  himself  if  Lord  Melville  had  any  objec- 
tion to  return  to  the  Board  of  Control,  and  would  take  the  Home 
Office.     Lord  Melville,  of  course,  said  that  which  office  he  was  to 


336  ARNISTON  MEMOIRS.  [1828. 

fill  was  immaterial  to  him,  so  long  as  it  was  not  incompatible  witli 
his  circumstances  and  situation,  as  he  had  no  other  view  than  to 
make  himself  useful  in  the  most  efficient  manner  in  which  he  was 
able.  The  Duke  said  he  had  given  it  to  be  understood  that  he 
considered  it  due  to  Lord  Melville  to  leave  him  entirely  at  liberty 
to  choose  his  office  ;  but  that  for  many  reasons  difficulties  presented 
themselves.  He  had  found  it  advisable  to  propose  to  Mr.  Huskis- 
son  and  to  Lord  Dudley  to  continue  in  office,  though  he  had 
pledged  himself  to  no  one  for  any  particular  office  till  Lord  Melville 
should  arrive  to  make  his  own  determination,  but  that  the  expira- 
tion of  the  charter  ^  being  likely  before  long  to  require  a  special 
consideration,  he  did  feel  it  was  by  no  means  unimportant  how 
that  office  was  filled  now,  and  therefore  he  stated  his  wish,  without 
intending  to  fetter  Lord  Melville  thereby.  Of  course  Lord  Melville 
felt  that  it  was  very  unfit  to  be  bargaining  for  a  thousand  a  year 
or  a  little  piece  of  precedence,  and  therefore  acceded  at  once, 
but  knowing  as  I  do,  the  way  in  which  it  has  been  alledged  that 
he  had  been  the  "  dupe  of  the  Duke  of  Wellington's  ambition  and 
Lord  Eldon's  pique,"  the  Duke  having  at  last  taken  the  Premier's 
place,  those  who  have  made  the  accusation  will  think  it  substanti- 
ated, particularly  as  reports  of  Lord  Melville's  being  intended  for 
it  had  arisen  (probably)  from  the  intention  manifested  to  wait  his 
arrival  for  the  final  arrangements.  I  cannot  deny  that  I  am  very 
much  afraid  that  the  public  impression  will  be  that  the  Duke  has 
not  redeemed  his  pledge,  and  I  exceedingly  wish  that  Mr.  Peel 
had  been  appointed  to  the  Premiership ;  but  there  seems  to  have 
been  difficulties  that  could  not  be  reconciled  any  other  way,  and 
there  is  a  great  feeling  that  the  Duke's  decision  of  character  is  at 
least  something  to  rest  upon  for  a  ground  of  hope  that  something 
like  a  distinct  line  of  policy  will  be  adhered  to.  If  therefore  any 
abuse  of  the  Duke  or  discontent  at  Lord  Melville's  not  being  as 
Lord  Abercromby  advised  "  as  near  the  top  as  possible "  is  mani- 
fested among  our  friends,  I  beg  you  will  take  the  high  tone,  and 
maintain  that  the  confidence  which  has  been  manifested  by  the 
Duke  and  Peel  makes  it  wholly  immaterial  whereabout  he  stands 
in  the  play-bill.  I  am  very  sorry  any  Canningites  are  retained, 
and  my  confidence  is  much  shaken  thereby  as  to  stability,  believ- 
ing them  all  to  be  no  better  than  they  should  be,  but  it  seems  to  be 
thought  that  it  is  a  necessary  policy,  and  we  must  swallow  the  pill 
without  making  wry  faces.  After  the  manner  in  which  all  Lord 
Melville's  friends  have  acted  by  him,  the  conduct  of  Sir  George 


The  East  India  Company's  Charter. 


i828.]  LORD  MELVILLE'S  POSITION.  337 

Clerk  and  the  Solicitor,'  and  the  language  I  have  heard  from  your 
uncle  William,  and  know  I^)rd  Abercromby  to  have  held,  I  cannot 
help  having  great  anxiety  for  Lord  Melville's  vindication  proving 
full  and  complete ;  though,  in  my  own  mind,  I  feel  the  undoubted 
honour  of  his  proceedings  admits  of  no  question,  and  am  entirely 
aware  that  all  those  who  were  politicidly  acquainted  with  him  here 
did  him  ample  justice,  the  dirty  conduct  of  the  gentlemen  ^  whom 
he  had  been  instrumental  in  bringing  into  office,  in  and  from  the 
north  (of  whom  the  Advocate  seems  the  only  one  who  has  acted 
with  honour),  has  certainly  made  a  strong  and  unfavourable  im- 
pression upon  me.  If,  however,  their  interests  fail,  he  is  not  now 
to  be  charged  with  having  broken  them.  The  policy  he  pursued 
has  so  far  found  its  level  that  the  king  has  been  compelled  to 
resort  again  to  the  assistance  of  the  statesmen  with  whom  he  had 
divided,  and  if,  by  having  themselves  depreciated  the  measure, 
they  have  entailed  weakness  and  insecurity,  they  have  only  to 
thank  the  paltry  love  of  present  profit  that  induced  them  to  ask 
what  they  ought  to  do,  instead  of  confiding  in  the  judgment  of 
the  man  who  had  the  conduct  of  those  interests  for  twenty  years 
creditably.  As  your  interests  may  now  be  deemed  decidedly  to 
coincide  with  his,  I  have  no  doubt  now  about  opening  my  mind  to 
you.  If  now  the  measures  pursued  are  to  be  changed  as  before 
and  confidence  denied,  because  much  is  to  be  objected  to,  the 
reasons  of  which  the  conductors  of  the  business  only  can  sift  and 
decide  upon,  they  must  e'en  go  to  the  dogs.  It  is  the  King  who 
has  desired  the  Duke  to  take  the  Premiership,  and,  had  he 
persevered  in  refusing  it,  he  must  have  resisted  the  positive 
command.  What  is  yet  to  be  done  with  the  army  is  not  known. 
I  think  that  a  fearful  point  in  the  question,  for  though  I  think  no 
man  did  ever  unite  so  much  political  with  such  powerful  military 
talent,  the  powers  of  man  must  be  limited. 

Sir  George  Clerk  called  on  me  yesterday,  and  (as  I  thought) 
looked  so  blank,  that  I  could  not  help  feeling  as  if  I  let  him  see  I 
thought  so,  tho'  I  did  my  best  not  to  do  so. 

I  hear  Lord  Whamcliffe,  Lady  Canning,  etc.,  etc.,  are  furious  at 
Huskisson  for  coming  in  with  us. — Y'rs  aff^ly,  A.  M. 

Lady  Melville*'s  letter  explaining  Lord  Melville'*s  reasons 


*  Solicitor-General  Hope. 

-  The  persons  alluded  to  are  Sir  \V.  Rae,  Lord  Advocate,  John  Hope, 
Solicitor-General,  Sir  George  Clerk,  and  William  (afterwards  Lord  William) 
Keith  Douglas. 

Y 


338  ARNISTON  MEMOIRS.  [1828. 

for  accepting  the  India  Board  was  by  no  means  unnecessary. 
Among  many  of  his  friends  in  Scotland,  who  looked  upon  him  as 
the  leader  of  the  Tory  party  there,  a  strong  feeling  existed  in 
favour  of  seeing  him  re-occupy  at  least  as  prominent  a  post  in 
the  Ministry  as  he  had  done  under  Lord  Liverpool.  Robert 
Adam  Dundas  in  particular  expressed  his  views  strongly  upon  the 
impolicy  of  Lord  Melville^s  accepting  the  India  Board.  He 
himself  was  anxious  to  give  his  services  to  the  Government, 
and  to  work  under  Lord  Melville  in  any  "  creditable ''  appoint- 
ment. Robert  Dundas  wrote  to  Lord  Melville  (January  29, 
1828)  urging  that  an  appointment  should  be  given  to  Robert 
Adam.  In  the  same  letter  he  expresses  his  own  views  as  to 
himself.  The  return  of  the  Duke  of  Wellington  and  Mr.  Peel 
had  made  him  dismiss  his  late  gloomy  ideas  of  the  ruin  he 
supposed  to  be  impending  over  the  Tory  party.  "  Now,''''  he 
says,  "  considering  the  present  political  state  of  the  Scots  bar 
I  trust  I  am  not  too  presumptuous  in  allowing  these  prospects 
again  to  revive.^  Under  these  circumstances  I  wish  to  make 
you  aware  that  were  I  Solicitor-General  my  first  step  would 
be  to  obtain  a  seat  in  Parliament  for  the  sake  of  doing  all  that 
my  powers  would  permit  of  helping  tlie  Ministry.  I  should  do 
tliis  whether  the  Lord  Advocate  was  in  Parliament  or  not,  and 
that,  at  any  sacrifice  of  professional  emolument,  for  the  sake  of 
devoting  my  whole  time  and  labour  exclusively  to  public  busi- 
ness. The  county  of  Edinburgh  would  naturally  be  the  seat 
to  which  I  should  look,  and  I  trust  you  will  not  think  I  am 
interfering  with  Henry's  -  interests  in  holding  this  opinion."" 
Lord  Melville  at  once  answered — 

London,  Fed.  2,  1828. 
My  dear  Robert, — If  your  letter  had  arrived  o?ie  day  sooner, 
Robert  Adam  would  have  been  an  un-salaried  Commissioner  at  the 
India  Board.  We  must  have  two  Commissioners  who  are  not 
Privy  Councillors,  and  as  Lord  Graham,  one  of  those  who  is  to 
receive  a  salary,  is  a  Privy  Councillor,  I  settled  with  Mr.  Peel  to 
let  his  own  brother's  name  be  inserted,  being  at  a  loss  for  any 
other  person.     I  thought  of  Robert  Adam,  but  did  not  choose  to 

^  Alluding  to  the  probable  early  promotion  of  Lord  Advocate  Sir  William  Rae 
to  the  bench,  with  Hope  for  Lord  Advocate  and  himself  for  Solicitor-General. 

-  Henry,  Lord  Melville's  eldest  son,  subsequently  third  Lord  Melville.  He 
sat  for  Rochester  in  the  last  Parliament  of  George  iv. 


i828.]     FKELING  AGAINST  SIR  GEORGE  CLERK.         S89 

take  upon  myself  to  apiM)int  him  without  his  knowledge  or  consent, 
though  I  should  have  held  your  suggestion  to  be  sufficient.  I  uni 
verj'  sorry  it  was  not  done,  as  he  would  have  been  of  more  use  to 
me  than  any  of  the  others. 

With  regard  to  your  own  coming  in  for  Midlothian,  Henry,  of 
course,  will  never  stand  in  your  way,  as  he  never  dreamt  of  it, 
unless  you  did  not  choose  to  come  forwanl.  I  only  doubt  the 
prudence  of  it,  as  far  as  your  j)rofessional  views  are  concerned,  and 
it  is  not  more  than  a  week  since  I  objected  to  having  John  Hope 
brought  into  Parliament,  because  it  is  most  inconvenient  to  the 
public  service,  especially  with  the  great  increase  of  criminal  busi- 
ness, that  both  the  Lord  Advocate  and  the  Solicitor -General  should 
be  absent  from  Scotland  for  several  months  in  spring. 

Lord  Melville'*s  appointment  at  the  India  Board  la.sted  but 
a  short  time.  On  the  resignation  of  the  post  of  I^)rd  High 
Admiral  by  the  Duke  of  Clarence,  the  Duke  of  Wellington 
replaced  I^)rd  Melville  at  his  old  quarters  at  the  Admiralty,, 
where  his  knowledge  of  the  business  of  naval  administration  wa» 
very  much  wanted.  The  vacancy  at  the  India  Board  was  filled 
up  by  the  appointment  of  Lord  Ellenborough.  This  began  his^ 
connection  with  Indian  afiairs,  which  ultimately  led  to  his 
appointment  as  Governor-General,  and  in  the  end  to  his 
celebrated  recall  by  the  East  India  Company. 

Although  by  the  return  of  the  Duke  of  Wellington  to 
power,  accompanied  by  most  of  the  members  of  the  former 
Liverpool  Administration,  the  Tory  party  seemed  to  be  firmly 
re-instated  in  office,  the  feeling  against  such  of  the  Tories  as 
had  ratted  by  continuing  in  office  under  Mr.  Canning  was  very 
keen.  Among  those  who  had  in  that  way  offended  his  party 
was  Sir  George  Clerk.  The  Dundas  influence  in  Midlothian 
hat!  been  given  to  him,  and  to  Lord  Melville  he  owed  his  first 
place  in  the  Administration.  For  a  man  under  such  obligations 
to  have  deserted  his  party  in  their  time  of  need  was  felt  to  l)e 
an  unpardonable  offence;  and  although  the  oflence  was  con- 
doned by  his  re-appointment  to  office  on  the  Duke  of  Welling- 
ton's return  to  power,  the  local  members  of  the  party  in  the 
county  were  by  no  means  inclined  to  be  so  forgiving,  and  a 
desire  was  expressed  by  many  of  the  leading  freeholders  of 
showing  their  disapproval  of  his  political  course  by  refusing  to 
return  him  on  his  vacating  his  seat  on  his  new  appointment  in 


540  ARNISTON  MEMOIRS.  [1828. 

the  Wellington  Ministry.  The  correspondence  on  the  subject 
at  Arniston  is  lengthy,  but  enough  is  now  given  to  show  how 
matters  stood. 

On  the  1st  of  February,  Robert  Dundas  wrote  to  Lord 
Melville,  putting  two  questions :  "  1st,  Should  I  stand  for  the 
county  ?  2d,  If  not,  should  Henry  try  ?  As  to  the  1st  there 
exists  more  than  one  strong  objection  against  my  doing  it — 

"1.  The  chance  of  defeat  by  the  junction  of  the  James 
Gibson  party  with  those  who  might  not  wish  to  turn 
against  Sir  George  after  nineteen  years'*  services. 

"  2.  The  difficulty  of  holding  the  county  without  residing 
at  Arniston,  which  under  existing  circumstances  is  quite 
out  of  the  question. 

"  3.  The  expense  attending  such  a  seat  in  contested  votes, 
etc. 

"4.  The  probability  of  Parliament,  especially  for  such  a 
seat,  interfering  so  much  with  my  profession  as  to  form 
a  bar  against  any  future  promotion  therein. 
"5.  The  fact  of  having  another  seat  ready  either  now  or 
whenever  it  may  be  more  convenient  for  me  to  take  it. 
If  this  were  not  the  case,  I  should  have  run  the  risk 
rather  than  totally  give  up  all  prospect  of  being  in 
Parliament. 

"  2d.  As  to  the  next  question  :  Ought  Henry  to  try  ?  The 
1st  objection  here  also  occurs,  and  I  must  candidly  and  openly 
state  that  I  fear  it  exists  with  greater  force  in  his  case  than  in 
mine,  as  from  constant  residence  I  have  had  the  opportunity  of 
making  more  personal  friendships  and  connections  among  the 
electors  than  what  Henry  can  have  done.  In  this  I  ma2/  be 
wrong,  but  I  fear  I  am  right.  None  of  the  other  objections 
apply,  and  I  therefore  think  Henry  ought  to  try  it  for  the 
following  reason^' : — 

"1.  If  he  or  I  cannot  turn  out  Sir  George  nozv,  we  never 
can. 

"  2.  I  fear  from  all  accounts  that  his  present  seat  will  not 
be  again  secured,  except  at  an  expense  which  he  cannot 
bear,  and  far  beyond  what  the  county  will  cost  him. 

"  These  two  reasons  seem  to  me  sufficient  to  induce  Henry 
to  try." 


i828.]  MIDLOTHIAN  POLITICS.  S41 

The  concluding  sentence  of  Robert  Dundas'^s  letter  to  Lord 
Melville  is  worthy  of  sj)ecial  notice,  as  illustrating  the  complete 
and  thorough -going  nature  of  tlie  revolution  soon  to  be  effected, 
by  the  Reform  Rill,  in  the  management  of  the  Scottish  con- 
stituencies : — 

"The  conclusion  therefore  is,^  he  says,  "that  he  should 
now  try  the  county,  leaving  to  me,  at  such  time  i\»  will  best 
suit  me,  the  less  respectable,  secure,  and  easy  seat  for  the 
town  which  my  uncle  William  m  readi/  to  ffive  mc  whenever 
I  please."^ 

Lord  Melville  to  Robert  Dundas. 

Green  Street,  4/ A  Feb.  1828. 
Mv  dear  Robert, — I  have  received  to-day  your  letter  of  the 
1st  inst.,  and  have  only  to  say  that  as  far  as  I  am  concenied,  I 
have  not  the  least  objection  to  your  starting  for  Midlothian  on  the 
present  vacancy.  I  presume  the  writ  will  be  moved  to-day.  I 
should  object  to  Henry  (his  son)  coming  forward,  because  it  would 
look  like  a  personal,  and  therefore  an  unworthy,  attack  on  my  part 
against  Sir  George  (Clerk),  after  I  had  acquiesced  in  his  continuing 
in  office  under  the  new  administration ;  but  the  case  is  totally 
different  with  regard  to  you,  whose  natural  position  it  is  to  repre- 
sent the  county,  and  who  have  much  better  claims  to  it  than  Sir 
George.  I  do  not  wish  to  urge,  or  even  to  recommend  you  to  do 
it,  because  I  have  no  personal  feeling  against  him,  and  also  with 
reference  to  your  private  concerns ;  but  if  you  decide  on  coming 
forward,  you  have  a  right  to  my  concurrence  and  cordial  support, 
which  most  assuredly  you  shall  have.  He  has  no  claim  on  me, 
and  I  only  acquiesced  in  his  remaining  in  office  now,  because  he 
offered  to  resign  in  April  last  if  I  wished  it,  or  would  advise  him 
to  do  so,  and  because  I  did  not  choose  to  do  anything  that  might 
appear  like  pique  or  vindictiveness.  His  continuing  to  represent 
Midlothian  is  quite  another  affair,  if  you  choose  to  oppose  him,  but 
for  your  own  sake  you  ought  to  be  tolerably  sure  of  success  before 
you  embark  in  such  a  contest.  He  expressed  a  wish  to  come  to 
the  India  Board  with  me,  which  I  declined,  as  it  would  have  had 
the  appearance  of  his  being  my  nominee,  and  I  requested  the 
Duke  of  Wellington  to  put  him  anywhere  else  if  he  was  to  con- 
tinue in  office  under  the  new  Government. — Ever  yours  affect'', 

Melville. 


342  ARNISTON  MEMOIRS.  [1828. 

On  the  same  day  Lady  Melville  wrote  as  follows  : — 

Green  Street,  Feb.  ^th,  1828. 

I  am  clearly  of  opinion  you  ought  to  start.  I  certainly  do  not 
understand  why,  if  Sir  George  Clerk  could  not  remain  at  the 
Ordnance,  he  was  to  have  another  office ;  but  I  understand  he  has 
been  trying  to  get  himself  in  as  Under  Secretary  in  Husky's 
department,  and  there  he  would  not  have  had  to  vacate  his  seat. 
They  say  there  is  a  general  amnesty  for  Rats. 

I  am  so  disgusted  with  all  this  year's  business,  that  I  was  never 
in  worse  humour  with  Politics.  I  believe  the  old  system  of  things 
must  fail,  for  the  punficaiions  of  the  last  half-century  have  made 
Riches  the  only  available  Talent — the  last  that  ought  to  prevail  if 
the  good  of  the  community  in  general  is  to  be  considered.  Thus 
dirt  must  always  be  the  basis  of  power,  till  some  renewal  of  temp- 
tation to  those  who  can  use.  their  talents  with  honour  can  be 
held  to  those  who  have  them,  that  will  not  make  honour  the 
losing  game. — Yours  very  sincerely,  A.  Melville. 

Robert  Adam  Dundas  was  equally  explicit  in  expressing 
his  feelings,  that  after  Sir  George  Clerk's  tergiversation,  his 
return  for  Midlothian  should  be  opposed.     He  says  : — 

Arniston,  Feb.  $th,  1828. 
My  dear  Robert, — With  regard  to  Lord  Melville's  objection,^ 
I  wish  you  to  be  aware  that  as  long  as  Henry  and  I  are  in  Parlia- 
ment, the  County  may  be  assured  that  when  your  professional 
duties  call  you  from  London,  its  business  will  not  be  neglected  by 
either  of  us.  It  is  absurd  for  a  moment  to  suppose  that  the  free- 
holders expect  you  to  abandon  your  profession.  Your  presence  in 
London  will  not  be  required  as  much  as  you  may  naturally  sup- 
pose. I  beg  you  also  to  understand  that  as  long  as  Mary  and  I 
can  find  a  comer  for  you,  you  will  make  our  house  and  no  other 
your  abode  in  London.  My  decided  opinion  is,  that  you  should 
not  allow  Sir  G.  C.  to  be  returned  for  the  county. — Ever  yours 
in  haste,  R.  A.  Dundas. 

Ultimately,  the  prudent  counsel  of  the  Duke  of  Buccleuch, 
Lord  Hopetoun,  and,  in  particular,  of  Sir  John  Hope,  pre- 
vailed, that  no  opposition  at  that  time  should  be  offered  to 

'  Alluding  to  Lord  Melville's  dislike  to  both  the  Lord  Advocate  and  Solicitor- 
General  being  in  Parliament  at  the  same  time. 


i828.]  DISSENSIONS  IN  THE  CABINET.  848 

Sir  George  CIerk''8  return.     It  was  felt  that  once,  to  use  Lady 
Melville^s  exj)rcssi()n,  an  anniesty  had  been  granted  to  the  llats, 
it   would   be   ungracious    to  oj)|)ose   his   return   on   a  vacancy 
caused  by  his  having  been  appointed  to  an   office  under  the 
Government,  of  which   liis  opponents   were    keen   supporters. 
There  wjus  also  the  risk  of  the  Wliig  party  taking  the  oppor- 
tunity of  the  schism  in  the  Tory  camp  to  carry  their  man.    Sir 
George  was,  however,  informed  that  abstention  fnmi  opposing  his 
return  on  that  occasion  implied  no  obligation  of  future  support, 
and   that   in  all    probability   Robert    Dundas  would   become 
his  opponent  at  the  next  election,  whenever  it  might  happen.^ 
The   successive   Administrations   of   I^)rd    Liverpool,   Mr. 
Canning,  and  Lord  Goderich  had  each  contained  the  elements 
of  discord  ;  and  the  Wellington  Government  suffered  from  the 
same  misfortune.     There  was  hardly  a  (juestion  on  which  the 
Ministers  agreed.     The  important  subjects  of  the  Corn  Laws, 
Foreign  Policy,  and  Parliamentary  Reform  were  all  so  many 
bones  of  contention,  any  one  of  which  might  at  any  time  lead 
to   a   collapse   of  the   Government.       "The   Cabinet,''"'    Ix)rd 
Palmerston  notes  in  his  journal  of  the  22tl  of  May  1828,  "  has 
gone  on  for  some  time   past  as  it  had  done  before,  differing 
upon  almost  every  question  of  any  importance  that  has  been 
brought  under  consideration  : — meeting  to  debate  and  dispute, 
and  separating  without  deciding.^**     It  was   on  a  question  of 
Parliamentary  Reform  that  the  final  quarrel  took  place.    It  had 
been  conclusively  })roved  that  the  constituency  of  East  Retford 
was  hopelessly  corrupt ;    and   a  bill   was  introduced   by   Mr. 
Tennyson,  the  member  for  Blechingley,  for  the  transference  of 
the  franchise  from  East  Retford  to  Birmingham.     On  the  day 
on  which  the  bill  was  to  be  considered  in  the  House  of  Com- 
mons the  Cabinet  met.     The  Ministers  were  at  variance,  and 
separated  without  deciding  what  should  be  done,  altliough  the 
mode  of  proceeding  which  appears  to  have  been  tliought  most 
advisable  was  that  suggested  by  Lord  Melville,  namely,  that 
each  should  be  free  to  vote  as  he  pleased.     In  the  House  that 
afternoon  there  was  a  division.     Mr.  Peel  voted  in  favour  of  a 
proposal  to  transfer  the  representation  of  East  Retford  to  the 

^  Mr.  Peel  was  of  the  same  opinion,  and  felt  that  it  was  an  awkward  moment 
to  choose  for  opposing  and  ousting  Sir  George. 


344  ARNISTON  MEMOIRS.  [1828. 

adjoining  hundred.  Mr.  Huskisson  and  Lord  Palmerston  voted 
in  favour  of  transferring  it  to  Birmingham.  Mr.  Peel  was  in  a 
majority  of  eighteen.  Here  the  matter  ought  to  have  ended  ; 
but  the  division  led  to  the  resignation  of  Mr.  Huskisson,  who 
was  followed  out  of  office  by  Lord  Palmerston,  Lord  Dudley, 
Mr.  Lamb,  afterwards  Lord  Melbourne,  and  other  Canningites.^ 
The  following  letter  was  written  to  Mr.  Dundas  by  Sir 
William  Rae,  while  it  was  as  yet  uncertain  how  the  Ministerial 
crisis,  caused  by  the  division  on  the  East  Retford  question, 
would  end : — 

Sir  William  Rae,  Lord  Advocate,  to  Robert  Dundas. 

London,  May  23,  1828. 

My  dear  Dundas, — You  will  have  heard  there  is  a  bit  of  a 
rumpus  in  the  Gov*.  I  believe  the  truth  to  be  this :  in  the  Ret- 
ford question,  though  the  mode  of  proceeding  had  been  adjusted 
in  the  Cabinet,  Huskisson  and  Palmerston  did  not  support  Peel, 
and  divided  against  him.  Huskisson  walked  home  with  Planta,^ 
who  said  that  Huskisson  should  resign,  and  accordingly  he  wrote 
a  letter  to  the  Duke  of  Wellington,  dated  at  two  in  the  morning, 
resigning.  The  Duke  went  forthwith  to  the  King,  who  approved 
of  its  being  accepted.  The  Duke  accordingly  wrote  to  H.  express- 
ing general  regret  at  losing  him,  and  wishing  him  well.  This 
brought  an  answer  bearing  that  H.  had  only  meant  to  place  his 
resignation  in  the  Duke's  hands.  A  reply  from  the  Duke  con- 
tradicted that  view  of  the  matter,  and  bore  that  he  would  keep  no 
man  in  the  Government  who  chose  to  express  a  desire  to  leave 
it.  A  rejoinder  followed,  of  a  description  as  if  meant  for  publica- 
tion, and  there  the  matter  rested  yesterday,  and  there  it  will  rest, 
unless  H.  asks  to  be  retained.  In  doing  this  he  will  lose  character. 
In  keeping  him  otherwise  the  Government  would  suffer,  which, 
you  and  I  will  agree  in  thinking,  would  be  worse.  It  seems 
strange  that  a  man  of  the  age  of  Huskisson  should  not  have 
chosen  to  sleep  upon  a  matter  of  such  grave  importance.  If  he 
had  waited  till  morning,  and  spoke  to  the  Duke,  all  would  have 
been  well,  as  they  have  all  along  been  on  very  good  terms. 

Lord  Palmerston,  it  seems,  said  something  to  the  Duke  about 

^  The  Canningites  were  Mr.  Huskisson,  Lord  Dudley,  Lord  Palmerston,  the 
Duke  of  Portland,  Lord  Eliot,  Lord  George  Bentinck,  Mr.  Charles  Grant,  Mr. 
Lamb,  Mr.  Evelyn  Denison,  and  Mr.  Frankland  Lewis. 

2  Joseph  Planta,  M.P.  for  Hastings. 


i828.]  RESIGNATION  OF  MR.  HUSKISSON.  345 

resigning,  which  his  Grace  hardly  deigned  to  notice ;  he  afler- 
wards  observed  he  was  not  going  to  take  a  cannon  to  kill  a  butter- 
fly. All  this,  mind,  is  for  your  private  ear. — Yours  ever  most 
truly,  W^.  Rae. 

What  Sir  William  llae  alluded  to  in  the  last  paragraph  of 
his  letter  wiis,  probably,  the  interview  which  took  place  between 
I^)rtl  Palmerston  and  the  Duke  of  Wellington  on  the  after- 
noon of  Tuesday  the  20th. ^  I^rd  Palmerston  had  represented 
to  the  Duke  that  Mr.  Huskisson  had  merely  offered  to  resign 
if  the  Duke  wished  it ;  but  the  Duke  maintained  that  he  had 
actually  resigned,  and  that  it  was  impossible  to  recpteat  him  to 
remain  in  office.  I^)rd  Palmerston  then  said  that  if  Mr. 
Huskisson  went  out  he  must  do  so  too.  "  I  remarked,"*^  says 
Lord  Palmerston,  "  that  while  I  said  this  he  raised  his  eyes, 
which  had  been  fixed  on  the  ground  as  we  were  walking  up  and 
down,  and  looked  sharp  and  earnestly  at  me  to  see  whether 
this  was  meant  as  a  sort  of  menace,  or  a  party  measure.^ 

There  can  be  no  doubt  that  the  Duke  had  been  anxious  for 
some  time  to  get  rid  of  Mr.  Huskisson  ;  and  on  the  25th  he 
was  able  to  inform  him  that  his  successor  at  the  Colonial  Office 
had  been  chosen. 

Sir  William  Rae  to  Robert  Dundas. 

London,  May  26,  1828. 

My  dear  Dundas, — Huskisson  is  out. 

The  Duke  sent  for  Lord  Dudley  on  Saturday  morning,  and 
said  there  must  be  an  end  of  the  then  state  of  matters,  and  that 
if  he  did  not  hear  from  H.  before  two  o'clock,  he  would  go  to  the 
King.  Dudley  soon  after  returned,  and  requested  that  the  Duke 
would  say  something  to  smooth  the  way.  But  the  Duke  said  no ; 
that  whatever  was  to  be  passed  was  to  be  in  writing,  and  that 
whatever  had  passed  verbally  must  go  for  nothing,  but  that  he 
would  wait  till  two. 

The  hour  came,  and  no  letter,  so  off  went  the  Duke  to  the 
King.  It  is  believed  that  a  countryman  of  our  own  will  be  the 
successor  in  the  colonial  office,  but  I  am  not  at  liberty  to  say  more. 
We  shall  not  suffer  by  this  change ;  we  lose  a  man  of  talent,  but 
a  united  Treasury  Bench  is  of  more  importance  in  the  House  of 
Commons. — Yours  faithfully,  W**.  Rae. 


^  BvXviex's  Life  0/ Lord  Palnurston^  vol.  i.  p.  261. 


S4>6  ARNISTON  MEMOIRS.  [1828. 

Henry  Dundas  to  Robert  Dundas. 

Brook  Street,  Maj'  28,  1828. 

Dear  Robert^ — I  have  no  doubt  you  will  have  received  the 
news  of  the  secession  of  Husky  with  the  same  satisfaction 
that  I  felt  on  first  hearing  of  it.  Sir  George  Murray  is  to  be 
his  successor.  This  is  the  only  appointment  I  believe  that  is 
decided. 

Charles  Grant,  I  understand,  has  also  resigned.  Sir  Henry 
Hardinge  and  Sir  George  Clerk  have  both  been  named  as  suc- 
cessors to  Lord  Palmerston.  I  think  the  latter  quite  impossible, 
and  should  not  think  he  could  wish  to  move  so  soon.  One  resig- 
nation seems  much  regretted,  that  of  the  Doodley.^  It  was  not 
expected  he  would  have  thought  it  necessary  to  take  this  step, 
in  consequence  of  Husky's  secession,  and  I  think,  for  a  man  of  his 
rank  and  station  to  identify  himself  with  such  a  man  as  Husky  is 
much  beneath  him.  Besides,  if  my  information  is  correct,  he  ex- 
pressed himself  as  thinking  Husky  to  have  acted  a  very  wrong 
part,  and  as  he  seems  to  have  given  great  satisfaction  in  his  office, 
his  resignation  is  rather  to  be  regretted,  particularly  as  it  gives  a 
sort  of  rallying  point  for  the  Canning  party,  which,  had  he  re- 
mained, would  otherwise  have  sunk  into  nothing ;  for  as  to  Husky 
or  Grant,  no  one  cares  one  damn  about  them.  The  general 
opinion  in  the  city  when  these  resignations  were  first  mentioned, 
w^as  that  it  would  have  the  effect  of  establishing  the  Government 
on  a  stronger  footing.  The  Duke  has  got  the  entire  confidence 
of  everybody,  and  has  acted  very  firmly  and  discreetly  in  this 
business.  Husky  wanted  to  retract  his  offer  of  resignation,  or, 
at  least,  to  explain  it  away  as  only  intimating  his  readiness  to 
resign,  if  it  was  thought  necessary,  and  not  as  a  positive  tender  of 
his  resignation.  This  was  a  regular  quibble,  and  the  Duke  very 
properly  sent  the  second  letter,  as  he  had  done  the  first,  to  the 
King,  who,  it  is  said,  showed  no  dissatisfaction  at  the  retirement  of 
Husky,  but  rather  the  reverse. 

William  Lamb  ^  has  also  resigned,  for  no  other  reason,  it  would 
seem,  but  having  come  into  office  with  that  party,  he  chose  to 
retire  with  it,  not  having,  as  I  can  learn,  any  objection  to  remain 
with  the  Duke.  And  if  the  vote  on  the  East  Retford  Bill  had 
anything  to  do  with  these  changes,  he  had  no  reason  at  all  to  retire, 
having  voted  in  the  majority,  and  against  Husky.     I  am  sorry  he 


^  Lord  Dudley. 

2  William  Lamb,  afterwards  Viscount  Melbourne. 


i828.]  RESIGNATION  OF  MR.  HUSKISSON.  347 

has  resigned  ;  altho'  a  Whi^,  he  is  a  very  good  one,  a  decided  anti- 
refonner,  and  has,  1  believe,  given  great  satisfaction  in  Ireland. 
Tjiken  all  in  all,  he  is  a  good  man,  and  very  sound  in  his 
opinions. 

The  day  after  the  division  on  the  East  Retford  Bill,  Paddy 
Holmes^  met  the  Duke,  and  told  him  he  had  done  his  best  to 
procure  a  good  attendance  of  members,  but  that  he  was  not  pre- 
pared for  some  circumstances  attending  the  division  ;  and  as  that 
night  a  division  was  again  expected,  he  wished  to  know  whether  he 
should  advise  gentlemen  to  vote  with  Mr.  Secretary  Huskisson  or 
Mr.  Secretary'  Peel.  The  Duke  laughed  and  said,  "  By  (Jod,  you  're 
quite  right,  this  won't  do,  it  must  be  put  a  stop  to."  I  only  hope 
now  we  shall  go  on  better  in  our  House  :  things  have  not  gone  on  at 
all  well.  It  has  been  nothing  less  than  the  adoption  of  every 
measure  of  opposition,  and  weak  concession  on  every  point.  Peel 
has  disappointed  the  hopes  of  many  people ;  he  has  not  nerve 
enough,  and  wishes  to  have  the  idea  of  always  acting  what  he 
calls  a  -  .  .  .  part ;  that,  in  fact,  he  gives  way  on  everything,  and, 
of  course,  the  support  he  meets  with  is  proportionally  weakened. 
I  only  hope  he  will  now  take  a  decided  line  ;  any  embarrassment 
he  may  have  felt  with  the  Canningites  is  now  removed,  and  if  he 
does  not  show  fight  when  necessary,  the  party  must  fail.  He 
wants  political  courage.  What  says  that  crocodile  Hope  to  all 
this  ?  Does  he  mean  to  follow  Husky  in  his  retirement  ?  Or  is 
resignation  only  a  virtue  he  preaches,  not  practises  ? 

I  expect  to  sail  for  Corfu  very  shortly. 

I  am  now  going  to  celebrate  the  birth  of  Mr.  Pitt  at  the  City 
of  London  Tavern,  Lord  Skelmersdale  in  the  chair. — Ever  yours, 

H.  D. 

Robert  Adam  Dundas  to  Robert  Dundas. 

Mivart's  Hotel,  Brook  Street, 
/ufre  3,  1828. 
My  dear  Robert, — You  will  see  in  the  newspapers  an  account 
of  last  night's  debate,  in  which  the  united  efforts  of  the  Whigs  and 
Canningites  to  throw  discredit  on  the  Duke  of  Wellington  were 
completely  defeated.  Huskisson's  defence  was  lame  and  un- 
satisfactory to  the  House.  Brougham  could  not  defend  it.  The 
division  of  last  night  has  established  the  Government,  and   the 

^  William  Holmes,  Esq.,  M.P.  He  filled  the  office  of  Clerk  to  the  Ord- 
nance,  and  acted  for  many  years  as  Whip  to  the  Tory  party  in  the  House  of 
Commons,  where  his  Irish  wit  and  good  humour  made  him  a  universal  favourite. 

-  Word  wanting,  owing  to  the  letter  being  torn. 


S4g  ARNISTON  MEMOIRS.  [1830. 

second  division,  to  which  I  particularly  refer  you,  clearly  shows 
the  unpopularity  of  Huskisson's  conduct,  even  in  the  House  of 
Commons.  After  the  first  division  the  Whigs  gave  up  all  for  lost, 
and  left  the  House,  with  the  exception  of  twenty-five,  who 
retained  their  seats  on  the  right  hand  of  the  chair,  the  side  on 
which  they  divided.  The  other  side  of  the  House  was  brimfull  of 
the  friends  of  the  Government  to  the  number  of  220,  who  to  a 
man  maintained  their  places  behind  Peel.  The  effect  of  this  was 
more  striking  than  anything  I  ever  witnessed  in  the  House  of 
Commons,  or  anywhere  else.  Such  decided  and  determined 
support  I  never  saw  given  to  any  man,  and  the  effect  of  the 
empty  benches  on  the  side  on  which  the  opposition  divided  was 
no  less  singular  in  its  way.  Peel's  friends  kept  their  places  till 
he  left  the  House,  and  followed  him  out. 

The  support  which  the  Government  received  last  night  was 
beyond  my  most  sanguine  expectations,  considering  the  influence 
Canning  used  in  forming  the  Parliament.  Now  that  the  mis- 
creants have  been  dragged  through  the  mire  by  Huskisson,  and 
left  in  the  slough  of  despond,  in  which  situation  I  trust  they  may 
long  remain,  we  may  again  enjoy  the  happiness  of  seeing  firmly 
established  a  united  Tory  Government,  which,  in  my  humble 
opinion,  never  was  more  required,  considering  the  situation  of 
public  affairs  at  home  and  abroad,  and  considering  the  utter  con- 
tempt in  which  foreign  powers  hold  every  individual  of  the 
Canning  faction. 

The  Duke  of  Wellington,  in  spite  of  all  the  abuse  lavished  on 
him,  has  shown  no  want  of  energy  in  the  late  proceedings  of  the 
Government. — Yours  sincerely,  R.  A.  Dundas. 


In  February  1830  Sir  S.  Shepherd,  on  account  of  ill  health, 
resigned  the  office  of  Chief  Baron  of  Scotland.  The  event  had 
been  long  anticipated,  and  it  was  considered  in  Scotland  that 
on  account  of  his  position,  long  services,  and  fitness  for  the 
post,  the  vacant  appointment  should  have  been  bestowed  upon 
Sir  William  Rae.  However,  the  policy  of  conciliating  the 
Whigs  which  was  then  being  pursued  by  the  Duke  of  Welling- 
ton and  Mr.  Peel,  induced  them  to  pass  over  their  own  Lord 
Advocate  in  order  to  appoint  Mr.  James  Abercromby  Chief 
Baron,  a  man  of  whom  it  was  felt  by  the  Scottish  Tories  that 
his  sole  claim  to  the  appointment  lay  in  his  being  a  Whig. 
Besides  the  respect  felt  for  Sir  William  Rae  on  account  of 


1830.]  SIR  WILLIAM  RAE.  849 

his  lonpf  public  services,  he  was  personally  p()]>iilar.  All  this 
rendered  stronger  the  irritation  felt  against  the  (joverninent  on 
account  of  the  way  in  which  they  had  beliaved  ;  and  it  is  said 
that  afterwards  the  Duke  himself  re^i^retted  the  step,  and 
acknowled»]jed  that  he  hml  behaved  badly  to  Sir  William  Rae. 
At  Arniston  tliere  are  a  variety  of  letters  from  John  Hope,  the 
Solicitor-General,  to  Robert  Dundas,  who  was  then  in  London, 
on  the  subject,  expressive  of  the  feeling  in  Scotland  upon  the 
treatment  of  Sir  William  Rae.  "  The  treatment  of  the  Advo- 
cate,"**  he  writes  on  the  10th  of  February,  "  is  scandalous.  I 
think  it  the  very  harshest  and  most  imfeeling  thing  any 
Government  ever  did.  I  remember  in  history  (that  is,  from 
1689)  nothing  in  political  life  more  cruel,  more  infamous.  .  .  . 
The  cry  against  Lord  Melville  is  louder  and  more  general  than 
any  ever  raised  in  my  time  as  to  any  public  and  personal 
matter.  I  must  fairly  add  that  9-lOths  of  people  believe,  and 
ever  will,  either  that  Lord  M.  desired  to  drive  Rae  to  resign, 
or  that  Lord  M.  has  as  little  to  say  as  in  July  1827.  ...  I 
am  too  disgusted  with  the  treatment  of  Rae  to  write  more 
about  it.''  On  the  following  day  he  writes  again  :  "  Jeffrey  said 
to  me  to-day  that  they  all  view  this  as  a  decided  degradation 
to  the  Scotch  bar,  and  are  far  from  thanking  II  Imperatore  for 
it.  .  .  .  WJuit  can  they  do  for  Rae?  The  subject  is  to  me  full 
of  tlisgust.     There  is  not  palliation  or  excuse." 

Had  Sir  William  Rae  been  appointed  Chief  Baron, 
John  Hope  would  have  succeeded  Rae  as  Lord  Advocate, 
and  Robert  Dundas  expected  to  succeed  Hope.  But  even 
if  these  arrangements  had  been  carried  out  their  duration 
would  have  been  very  brief,  for  the  Scottish  political  regime 
was  then  tottering  to  its  fall,  and  six  months  later  the  Tory 
Government  had  come  to  an  end,  and  the  old  state  of  things 
with  it. 

The  Catholic  Emancipation  Act  had  been  unpopular  among 
the  Duke  of  Wellington's  supporters  in  Scotland.  "  The  Duke 
of  Wellington,"  says  the  New  Scots  Magazine  in  February 
1829,  "  before  whom  the  fortunes  and  the  genius  of  Napoleon 
were  bowed  down,  has  quailed  beneath  the  gasconading  rant  of 
some  Irish  mountebanks  and  bog-trotters.*'  From  the  day  on 
which  he  rose  in  the  House  of  Commons  to  declare  his  sudden 
conversion    to    Catholic   Emancipation,    Mr.    Peel    had    been 


350  ARNISTON  MEMOIRS.  [1831. 

openly  accused  of  the  basest  political  apostasy  by  many  of 
those  who  had  been  his  warmest  admirers.  In  the  House  of 
Commons,  as  well  as  in  the  country,  the  authority  of  the 
Government  was  seriously  shaken ;  and  their  followers  looked 
forward  in  many  cases  with  grave  apprehensions  to  the  chances 
of  a  general  election.  In  spite,  however,  of  these  untoward 
circumstances,  William  Dundas  was  again  returned,  at  the 
election  of  1830,  for  the  city  of  Edinburgh,  the  seat  he  had 
occupied  so  long.  Henry  Dundas,  Lord  Melville's  son,  was 
returned  for  Winchelsea,  and  Robert  Adam  Dundas  for 
Ipswich.  This  Parliament  was  dissolved  on  the  23d  of  April 
1831,  in  the  midst  of  the  wildest  political  excitement  which 
the  country  has  probably  ever  known.  The  second  reading 
of  the  English  Reform  Bill  had  been  carried ;  but  Ministers 
had  been  defeated  in  committee  on  General  Gascoyne''s  motion 
that  the  number  of  members  for  England  and  Wales  ought 
not  to  be  diminished.  Mr.  William  Dundas  did  not  present 
himself  for  re-election  ;  and  the  Tory  candidate  for  Edin- 
burgh was  Mr.  Robert  Adam  Dundas,  son  of  Mr.  Philip 
Dundas,  fourth  son  of  the  second  President.^  Born  in  1804, 
he  was  called  to  the  Scottish  bar  in  1826,  and  married, 
two  years  later.  Lady  Mary,  daughter  of  the  seventh  Earl 
of  Elgin.  From  1826  till  the  dissolution  of  1831  he  had 
been  member  for  Ipswich.  But  he  was  now  nominated  for 
Edinburgh,  which  had  been  so  long  represented  by  some 
member  of  his  family.  The  Whig  candidate  was  Mr.  Jeffrey, 
then  Lord  Advocate,  who  had  consented  to  stand  somewhat 
unwillingly,  as  he  was  well  aware  that,  however  strong  the 
popular  feeling  in  his  favour  might  be,  it  was  very  improbable 
that  the  town-council  would  elect  him.  His  opinion  proved 
correct.  The  town-council  still  stood  firm  to  their  old  colours, 
and,  on  the  last  occasion  of  exercising  their  ancient  privilege  of 
returning  a  member  to  Parliament,  elected  a  Dundas.  As  their 
privilege  was  certain  to  be  extinguished,  to  stand  by  their  old 
political  faith,  and  by  the  family  with  whom  they  had  for  so 
many  years  been  politically  connected,  was  perhaps  the  most 


1  Mr.  Philip  Dundas  represented  Gatton  in  Parliament  from  January  1803 
till  April  1805,  when  he  was  appointed  Governor  of  Prince  of  Wales  Island. 
He  died,  when  on  board  ship  on  his  way  to  India,  in  April  1807. 


i83T.]  AN  ELECTION  RIOT.  351 

(li<«;iiific(i  mode  of  exercising  it  for  the  last  time.  There  was, 
however,  a  division,  ami  the  numbers  were  17  for  Dauilas,  ^4f 
for  Jeffrey,  and  2  for  the  Lord  Provost,  who  had  also  been 
nominated. 

Outside  the  Council  Chambers,  in  the  lioyal  Exchange,  an 
immense  crowd  hml  collected,  j)re|)ared  to  give  a  rough  recep- 
tion, not  so  much  to  the  new  mend)er,  against  whom  they  had 
])robably  but  little  ill-will,  as  to  the  Provost,  whose  conduct  in 
ignoring  the  wishes  of  the  citizens  was  bitterly  resented.  The 
moment  the  Chief  Magistrate  appeared,  the  rioting  began. 
"  The  Lord  Advocate,'^  said  a  paper  of  the  day,  "  being  a 
little  man,  and  having  to  struggle  only  with  the  blessings  of 
the  people,  got  easily  out  of  the  throng.  The  Provost,  who  is, 
ea'  officio^  a  big  man,  did  not  escape  so  easily.  We  said  last 
week,  that  an  Edinburgh  mob  was  no  joke,  and  the  Ix)rd 
Provost''s  nose  on  Tuesday  bore  woful  testimony  to  the  truth  of 
our  assertion.  What  could  tempt  any  man  in  his  sober  senses, 
the  moment  after  he  had  braved  the  whole  population  of  the 
town,  to  appear  on  foot  in  the  midst  of  a  numerous  and 
exasperated  band  of  them,  we  do  not  pretend  to  divine.''  It 
was  with  the  utmost  difficulty  that  the  Provost  was  rescued ; 
and  at  one  time  his  life  was  actually  in  danger.  He  was 
caught  up  and  held  over  the  parapet  of  the  North  Bridge ; 
but  fortunately  he  had  the  presence  of  mind  to  seize  one  of  his 
assailants  and  declare  that  he  would  not  go  down  alone. 
LTltimately  he  reached  his  home  in  safety,  but  only  under  the 
protection  of  a  guard  of  soldiers. 

The  city  was  for  some  hours  in  the  hands  of  the  mob,  the 
useless  civic  guard  having  been  easily  oveq^owered.  In  the 
course  of  the  night  an  attack  was  made  on  the  Dundases'  town 
house.  No.  69  Queen  Street.  The  family  were  at  Arniston, 
and  did  not  hear  of  what  had  taken  place  till  next  morning, 
when  the  terrified  servants  reported  that  the  windows  had  been 
broken  by  stones,  and  that  they  had  been  compelled  to  take 
refuge  in  the  back  parts  of  the  house. 

It  chanced  that  in  the  drawing-room  there  was  a  handsome 
mirror  belonging  to  Lord  Abercromby,  which  Mr.  Dundas, 
before  leaving  for  Aniiston,  liad  carefully  covered  up.  Ix)rd 
Abercromby  had,  early  in  the  century,  sat  for  Edinburgh  as  a 
Tor\',  but  had  afterwards  joined   the  AVTiig  party,  to  which 


352  ARNISTON  MEMOIRS.  [1832. 

most  of  his  family  belonged ;  and,  on  hearing  of  the  damage 
done  to  the  house,  Mrs.  Dundas  laughingly  said  that  it  would 
have  served  their  old  friend  right  if  his  mirror  had  been  left  to 
the  tender  mercies  of  the  Radical  mob. 

The  result  of  the  general  election  in  Scotland  was  a 
majority  of  three  in  favour  of  the  Ministry ;  while  in  England 
the  supporters  of  the  Reform  Bill  secured  so  many  seats  that, 
when  Parliament  met,  the  second  reading  was  carried  by  a 
majority  of  136. 

After  a  year  of  turmoil  the  English  Reform  Bill  passed  on 
the  4th  of  June.  As  it  was  now  certain  that  the  Bill  for  Scot- 
land must  speedily  become  law,  when  a  general  election  would 
at  once  take  place,  a  serious  question  arose  as  to  what  seats 
should  be  contested  in  the  Conservative  interest.  Midlothian 
and  the  city  of  Edinburgh  were  the  seats  in  which  most  interest 
was  felt  at  Arniston.  As  to  whether  Midlothian  should  be 
contested  there  was  no  doubt.  There  the  issue  was  very  un- 
certain. With  occasional  intervals  the  Dundases  had  pos- 
sessed the  seat  for  about  one  hundred  and  ten  years,  and  it 
could  not  be  relinquished  without  a  struggle.  The  Arniston 
influence  was  given  to  Sir  George  Clerk,  who,  like  his  opponent. 
Sir  John  Dalrymple,  was  already  in  the  field. 

It  was  otherwise  with  regard  to  Edinburgh.  There  the 
Whigs,  or  rather  the  Radicals,  were  enormously  strong ;  and  it 
was  felt  to  be  almost  a  hopeless  attempt.  But  the  Dundases 
were  naturally  averse  to  giving  up  a  seat  which  they  had  held 
for  nearly  forty  years,  and  the  following  letters  will  suffice  to 
describe  the  views  which  were  entertained  by  Mr.  Robert  Adam 
Dundas  and  other  practical  politicians  upon  the  subject : — 


Mr.  R.  a.  Dundas  to  Mr.  Dundas. 

London, /ww^  13,  1832. 
Dear  Robert, — I  had  intended  to  have  written  to  you  yester- 
day with  reference  to  the  future  representation  of  the  city  of 
Edinburgh,  and  it  is  necessary  that  you  should  lose  no  time  in 
consulting  our  friends  who  meet  at  Blackwood's  and  so  ably  sup- 
port the  Conservative  cause. 

It  is  for  them  to  determine  what  is  to  be  done. 

For  my  own  part  I  see  so  little  chance  of  success,  or  even  of 


1832.]  REPRESENTATION  OF  EDINBURCJH.  H5H 

obtaining  a  reasonable  minority  in  a  constituency  of  at  least  120(), 
that  it  may  be  a  question  whether  we  are  ])repare(l  or  not  to  ha/.anl 
a  contest.  I  am,  however,  willing  to  place  myself  in  the  hands  of 
the  party  either  to  stand  a  contest  on  cerlain  amdUiomiy  or  at  once 
to  withdraw  in  favour  of  a  more  popular  candidate.  I  cannot 
undertake  a  contest  if  the  electicm  is  to  be  conducted  in  the  man- 
ner in  which  elections  generally  are  conducted.  Were  1  to  agree 
to  this,  I  should  inevitably  he  ruined.  If  however  the  party  in 
Edinburgh  are  willing  to  conduct  the  contest,  and  professional 
men  be  ready  to  lend  their  gratuitous  services  so  that  I  shall  be 
liable  only  for  my  own  personal  expenses,  then  I  am  willing  to 
place  myself  at  the  disposal  of  the  party  whether  the  struggle  be 
successful  or  not.  I  have  consulted  Sir  John  Forbes  on  the  sub- 
ject, and  suggested  to  him  whether  it  were  likely  that  the  Radicals 
would  let  him  come  in  with  the  Lord  Advocate.  If  such  an 
arrangement  could  be  made,  which  I  believe  would  be  made  more 
easily  with  another  party  than  myself  who  am  so  objectionable  to 
the  Jacobins,  and  more  especially  to  those  in  Edin',  as  having 
been  elected  by  the  Town  Council,  I  believe  it  would  be  for  the 
interest  of  the  Conservative  cause  that  I  should  withdraw  and  seek 
my  fortune  elsewhere.  Sir  John  Forbes  desires  me  to  say  that  he 
is  most  unwilling  to  be  a  candidate,  and  that  he  must  have  time  to 
make  up  his  mind  if  he  should  be  selected.  He  authorises  me  also 
to  say  that  he  will  undertake  no  contest  except  on  an  understand- 
ing that  it  is  to  be  the  contest  of  the  party  and  not  for  his  own 
personal  gratification.  I  beg  that  you  will  assure  the  gentlemen 
of  the  Committee  at  Mr  Blackwood's  that  in  coming  to  a  decision 
on  this  question  they  will  best  consult  my  wishes  in  determining 
on  what  will  be  most  advisable  for  the  interest  of  the  Conservative 
cause  without  reference  to  any  views  of  ambition  I  may  have  in 
continuing  to  represent  the  city  of  Edinburgh.  Let  this,  how- 
ever, be  distinctly  understood,  that  neither  Sir  John  Forbes  nor  I 
can  acquiesce  in  any  arrangement  which  will  involve  us  in  an 
engagement  to  be  liable  for  more  than  our  personal  expenses. 
Pray  lay  this  letter  before  the  gentlemen  of  the  Committee,  and 
let  me  have  their  answer  as  soon  as  they  have  decided. — Y"  very 
sincerely,  R.  A.   Dundas. 

% 
P.S. — Sir  J.  D.*  swears  till  he  is  black  in  the  face  that  there 
were  no  flags  at  the  Radical  meeting  such  as  I  described. 

'  Sir  John  Dalrymple.     It  was  reported  that  flags  of  a  disloyal  character  had 
been  displayed  at  a  reform  meeting  in  the  previous  month. 

% 


854  ARNISTON  MEMOIRS.  [1832. 

Mr.  Robert  Adam  Dundas  to  Mr.  Dundas. 

Private. 

London, //m^  15,  1832. 

Dear  Robert, — I  have  received  your  letter  this  morning,  and 
Sir  John  Forbes  will  explain  in  person  his  views  and  mine  with  re- 
spect to  the  representation  of  the  city  of  Edinburgh.  My  opinion 
most  decidedly  is  that  if  Aytoun  split  the  Whig  party,  one  Tory 
candidate  will  have  a  better  chance  than  two,  as  I  suppose  no  one 
dreams  of  the  possibility  of  two  Tory  members  for  the  city  of 
Edinburgh.  And  if  you  can  get  in  one  you  will  be  very  fortunate. 
I  must  have  it  distinctly  understood  that  I  am  to  have  no  agent 
retained  for  me,  nor  will  I  hold  myself  responsible  for  the  acts  of 
any  agent  whatever. 

The  contest  must  be  conducted  by  the  party. 

It  is  only  at  the  solicitation  of  the  party  and  in  consequence  of 
the  complexion  of  the  votes  after  they  are  registered  that  I  shall 
allow  myself  to  be  an  instrument  in  the  hands  of  the  Committee 
to  carry  their  views  into  effect  without  rendering  myself  personally 
responsible  for  their  actions. 

There  is  no  agent  in  Edinburgh  whom  I  would  trust  with  the 
unbounded  use  of  my  purse,  and  I  believe  that  Sir  John  Forbes 
and  I  are  of  the  same  opinion  on  this  point.  I  write  this  in  confi- 
dence, in  order  that  you  may  be  prepared  with  my  views  as  to  the 
manner  in  which  a  contest  is  to  be  conducted  in  Edinburgh.  Sir 
John  Forbes  will  see  you  soon  after  his  arrival  in  Edin"^,  and  will 
tell  you  more.  In  the  meantime,  till  something  is  settled  by  the 
party,  and  I  am  informed  of  their  plans,  I  shall  remain  here. 

In  haste.— Y»^s  ever,  R.  A.  D. 

Mr.  Robert  Adam  Dundas  to  Mr.  Dundas. 

Private. 

Charles  Street,  yif/«^  22,  1832. 

Dear   Robert, — I  received  your  letter  this  morning,  and  in 

answer  beg  to  assure  you  that  no  man  will  be  found  in  London  to 

enter  into  a  contest  for  Edinburgh  on  the  expensive  system  which 

is  likely  to  be  created  by  the  men  of  business  in  that  place.      I 

send  you  some  suggestions  which,  if  adhered  to,  will  make  people 

of  Conservative   principles   come   forward  without  compromising 

their  character  or  ruining  their  fortunes.     The  suggestions  which 

I  enclose  for  the  use  of  our  friends  in  the  north  are  founded  on  my 

own  experience  and  on  the  principles  on  which  all  elections  have 

lately  been  conducted  in  England  and  will  be  conducted  under  the 


1832.]  REPHESKNTATION  OF  EDINBUIKJH.  S55 

Reform  Bill.  On  such  principles  contests  for  London  unci  West- 
minster and  the  county  of  Dorset  have  cost  the  candidate 
nothing!!!  Whereas  on  Mr.  Fisher's  principles  of  paid  agents, 
drinking-houses,  &c.,  I  would  not  undertake  a  contest  in  Ediir 
if  I  had  £:iO,00{)  given  me  to  conduct  it.  Most  heartily  do  I 
congratulate  myself  that  I  am  out  of  the  scrape.  I  expect  an 
answer  from  Ipswich  to-morrow.  My  last  election  there  stood  me 
less  than  eight  hundred  ])ounds.  My  first  in  £,5000,  thanks  to 
the  attorneys  !  and  the  freemen  were  better  pleased  with  the 
last  election  than  the  first.  If  I  am  again  invited,  it  will  be  still 
less,  as  there  are  no  out-voters. 

You  should  stir  up  the  press  against  the  system  pursued  in 
Berwickshire  by  Marjoribanks.  Are  the  independent  householders 
to  be  crammed  into  voting  by  dint  of  beef  and  pudding .''  And  who 
canvasses  on  this  plan  ?  Why,  those  persons  who  railed  against 
the  expense  and  corruption  of  former  elections.  ////  this  point 
liard,  it  will  do  good.  The  suggestions  to  which  I  alluded,  and 
which  are  in  a  separate  enclosure,  are  not  to  be  made  generally 
public,  but  you  may  safely  show  them  to  your  confidential  friends 
who  are  likely  to  take  a  share  in  the  management  of  elections 
under  the  Reform  Bill. — Very  sincerely  y"^,  R.  A.  Dundas. 

P.S. — The  Duke  of  B.  is  in  communication  with  Irvine, 
but  he  will  not  place  himself  in  the  hands  of  the  writers  to  be 
pigeoned. 

Ultimately  Mr.  Forbes  Blair  was  selected  as  the  Conser- 
vative candidate,  in  opposition  to  Jeffrey  and  the  Right 
Honourable  James  Abercromby,  and  the  canvass  of  the  city 
went  on  during  the  remainder  of  the  summer.  Mr.  Aytoun,  a 
Radical  candidate,  was  also  in  the  field,  but  he  withdrew  in 
favour  of  Mr.  Jeffrey  and  Mr.  Abercromby. 

The  county  was  also  thoroughly  canvassed  during  the 
summer ;  and  there  are  some  memoranda  on  the  subject  among 
the  Amiston  papers  in  the  handwriting  of  Mr.  Dundas  which 
show  that  he  did  good  work  for  his  party  at  this  exciting  crisis. 

The  election  for  the  City  took  place  on  the  18th  and  19th 
of  December,  when,  as  was  expected,  Mr.  Jeffrey  and  Mr.  Aber- 
cromby were  returned.     The  numbers  were — 

Jeffrey, 4035 

Abercromby,        ....  3850 

Blair, 1519 


356  ARNISTON  MEMOIRS.  [1832. 

On  the  same  day  as  the  result  of  the  Edinburgh  election 
was  declared,  Sir  George  Clerk  and  Sir  Jolin  Dalrymple  were 
nominated  for  Mid-Lothian.  The  voting  took  place  on  the  21st 
and  22d.  There  were  three  polling  places,  Edinburgh,  Mid- 
calder,  and  Dalkeith.  At  Edinburgh  the  numbers  were  very 
close.  At  Midcalder  there  was  a  large  majority  for  the  Whig 
candidate.  But  in  the  Dalkeith  district,  where  the  Arniston 
influence  was  strong,  and  where  Mr.  Dundas  had  canvassed  so 
liard  for  his  party.  Sir  George  Clerk  had  a  good  majority. 
When  the  poll  closed  tlie  numbers  were — 

Sir  John  Dalrymple,      .  .  .  60 1 

Sir  George  Clerk,  .  .  .  5.36 

Sir  John  Dalrymple,  the  new  member  for  Mid-Lothian,  well 
deserved  his  success  as  the  reward  of  a  life-long  struggle  against 
what  liad  liitherto  been  hopeless  odds.  He  was  the  active  and 
unwearied  leader  of  the  Whig  party  in  Mid-Lothian,  and  never 
missed  a  chance  of  forwarding  their  interests.  Apart  from 
political  reasons,  no  one  at  Arniston  grudged  liim  the  victory 
he  had  won.  His  second  wife.  Lady  Adamina  Duncan,  was  a 
niece  of  Chief  Baron  Dundas.  Through  all  the  trying  years  of 
political  strife,  both  Sir  John  and  his  wife  retained  unaltered 
their  friendship  for  their  Tory  relatives;  and  there  are  some 
letters  in  the  collection  at  Arniston  from  Sir  John  to  Mr. 
Dundas  upon  county  matters,  in  which  they  had  a  common 
interest.^ 

When  the  iirst  general  election  under  the  new  system  came 
to  an  end,  the  Scottish  counties  had  returned  twenty-one 
Whigs  and  nine  Tories,  and  the  burghs  had  returned  twenty- 
two  Whigs  and  one  Tory.  The  single  Tory  burgh  member 
was  Colonel  Baillie,  wlio  was  elected  by  a  majority  of  seven 
for  the  Inverness  Burghs.  There  was  thus  a  majority  of  forty- 
three  votes  to  ten  in  favour  of  Lord  Grey's  Administration. 

The  highest  hopes  of  the  Whigs  and  the  worst  fears  of  the 
Tories  had  been  realised  ;  and  witli  this  election  the  long  con- 
tinued supremacy  of  the  Tory  party  in  Scotland  came  to  an  end. 
Few  could  have  supposed,  on  the  formation  of  the  Duke  of 
Wellington's  Administration,  that  within  the  short  space  of 

^  In  1840  Sir  John  succeeded,  as  eighth  Earl,  to  the  Earldom  of  Stair.     He 
died  in  1853. 


i832.] 


RESULT  OF  THE  ELECTIONS. 


S57 


two  years  the  whole  of  that  elalKjrate  structure  of  political 
}K)wer,  wliich  had  been  erected  and  maintained  with  such  dis- 
tinti^uishetl  ability  by  the  leaders  of  the  rulinf^  party,  and  above 
all,  bv  the  members  of  the  house  of  iVrniston,  was  to  be  sliattered 
to  pieces.  But  nothing  less  had  taken  place.  The  old  system 
had  completely  disa})peare(i,  and  its  place  had  been  taken  by  a 
new  system,  the  results  of  which,  tlien  unforeseen,  politicians 
are  perha))s  now  only  beginning  to  realise. 


PLASTER  WORK,  HALL 
ARNISTON. 


CHAPTER    XIV. 

ROBERT  DUNDAS  OF  ARNISTON — continued. 

Conclusion  of  the  Memoirs. 

On  the  passing  of  the  Reform  Bill  and  the  complete  defeat 
of  the  Scottish  Tory  party,  which  implied  the  annihilation  of 
the  political  influence  which  his  family  had  for  so  many  years 
enjoyed  in  Scotland,  Mr.  Dundas  at  once  recognised  that  any 
hope  he  might  have  entertained  of  political  advancement 
through  the  Scottish  bar  was  at  an  end.  He  decided  upon 
retiring  to  Amiston  and  settling  there  with  the  view  of 
transferring  his  energies  from  political  life  to  the  management 
and  improvement  of  the  estate.  This  was  no  sudden  change  in 
his  plans  of  life.  So  long  before  as  February  1828,  when  the 
Duke  of  Wellington  had  returned  to  power,  and  the  prospects 
of  the  party  had  brightened  again,  he  opened  his  mind  to  Lord 
Melville  upon  the  subject  of  his  future  career.  His  friend 
John  Hope  ^  had  been  advising  him  never  to  allow  the  thought 
of  Parliament  at  any  future  period  to  enter  his  mind,  that 
he  ought  to  stick  fast  to  the  Courts,  and  if  appointed  Solicitor 
General  to  quit  that  office  for  the  Bench  as  soon  as  he  was 
able.  In  reply  he  said  he  never  could  agree  to  that  doctrine. 
The  object  of  his  ambition  was  to  represent  Mid-Lothian  in  the 
House  of  Commons,  and  professional  promotion  was  only  the 
step  whereby  to  attain  it.  Had  he  chosen  a  profession  for 
pecuniary  emolument,  it  would  not  have  been  at  the  bar, 
but  in  India  that  he  would  have  sought  a  fortune.  He 
could  scarcely  say,  he  concluded,  with  what  difficulty  he 
would  resign  the  object  of  his  ambition  for  the  line  pointed 
out  by  Hope. 

*  Afterwards  Lord  Justice- Clerk  Hope. 


^ 


?<?<5*>4^-i^ii^'*£«ai'- 


1832.]  CONSTRUCTION  OF  RAILROADS.  359 

Hut  now  the  turn  which  puhlic  affairs  had  taken  relieved 
Mr.  Duiuhus  from  the  necessity  of  choosing  l)etweeii  the  ciireer 
which  he  had  phuuied  for  himself  and  that  which  Mr.  Hope 
reconnnended  ;  and  henceforth  his  life  was  that  of  a  country 
gentleman.  Fortunately,  at  this  time,  an  opportunity  |)resented 
itself  not  merely  of  developin<i^  the  resources  of  his  estate,  hut 
also  of  providing  himself  with  an  ohject  of  interest  m  a 
suhstitute  for  the  occu])ation  he  had  lost  hy  leaving  the  har. 
This  wiis  the  fitting  and  working  the  coal  of  Stohhill  hy 
himself  instead  of  leaving  it  in  the  hands  of  a  tenant,  as  had 
of  late  years  been  done. 

The  tulvantages  to  be  derived  from  railroads  as  a  means  of 
transport  for  minerals  had  become  generally  recognised,  and 
endeavours  were  being  made  for  their  introduction  into  most  of 
the  mining  districts.  Some  time  before,  a  variety  of  ])lans  had 
been  set  on  foot  for  the  construction  of  railways  between  the 
Mid-I^othian  and  F^ast  Lothian  collieries,  the  city  of  Fldinburgh, 
and  tlie  ship})ing  port  of  Leith.  Among  the  principal  promoters 
of  these  plans  were  the  Marquis  of  Lothian  ^  and  Mr.  Dundas 
in  Mid-Lothian,  and  Sir  James  Suttie  2  in  East  Lothian.  Their 
collieries  laboured  under  the  disadvantage  of  a  long  cartage  by 
road.  Mr.  George  Suttie  ^  advocated  the  construction  of  a  line 
from  the  north  side  of  Fidinburgh  near  the  Abbey  Hill,  with  a 
branch  diverging  into  F^ast  Lothian.  Another  line,  however, 
starting  from  the  south  side  of  F^dinburgh  at  St.  Leonard\s,  was 
the  one  adopted  at  that  time.  But  on  the  general  introduction 
of  the  railway  system,  Mr.  Suttie  lived  to  see  his  scheme  adopted 
by  the  North  British  Railway  Company,  as  he  had  urged  should 
be  done  twenty  years  before.  Power  had  been  got  for  the 
construction  of  a  horse  railroad  from  Edinburgh  to  Dalhousie  ; 
and  the  work  was  in  progress  when  Mr.  Dundas  settled  at 
Arniston.  From  Dalhousie  it  was  being  extended  by  the 
^larquis  of  Lothian  to  his  colliery  at  Bryans.  Through  the 
kindness  of  Lord  Lothian  Mr.  Dundas  was  enabled  to  extend 
the  Xewbattle  branch  as  far  as  Arniston  Colliery,  thus  bringing 
his  coalfield  into  direct  conmiunication  with  Edinburgh.     The 

*  The  seventh  Marquis  of  Lothian. 
-  Sir  James  Grant  Suttie  of  Prestongrange  and  Balgone. 
'  Afterwards  Sir  George  Grant  Suttie.     He  worked  his  Colliery  at  Preston- 
grange for  many  years. 


360  ARNISTON  MEMOIRS.  [1832. 

Arnistou  Colliery  was  at  that  time  in  the  hands  of  an  incom- 
petent tenant  possessed  of  neither  capital  nor  energy.  After 
much  trouble  Mr.  Dundas  succeeded  in  purchasing  from  him 
a  renunciation  of  the  lease ;  which  was  followed  by  his  refitting 
the  colliery  on  a  scale  suited  to  the  enlarged  trade  which  was 
'expected.  These  operations  gave  him  ample  occupation,  in- 
volving as  tliey  did  a  large  outlay  and  the  share  of  trouble  and 
anxiety  inseparable  from  mining  adventure.  However,  he  was 
spared  to  see  the  work  on  wliich  he  had  embarked  brought 
to  a  successful  issue,  and  in  full  operation. 

The  period  of  nineteen  years  between  1819  and  1838,  during 
which  Mr.  Dundas  was  possessor  of  Arniston,  was  not  one  of 
mucli  progress  in  agriculture.  The  shock  caused  by  the 
transition  from  the  high  prices  of  farm  produce  during  the 
war  to  the  stagnation  which  followed  the  peace  pressed  heavily 
upon  the  landed  interests.  Under  the  stimulus  of  high  prices, 
improvements  had  been  pushed  forward  at  too  rapid  a  pace. 
Landlords  had  incurred  an  expenditure  in  reclaiming  waste 
land,  and  tenants  had  entered  into  corresponding  engagements. 
This  ended  in  bringing  loss  upon  both,  and  it  was  long  before 
the  pressure  ceased  to  be  felt. 

In  1823  a  calculation  was  published  by  Mr.  Scott  of  Air- 
field, near  Dalkeith,  showing  the  extent  to  which  the  price  of 
farm  produce  had  fallen  since  1815.  He  took  the  instance  of 
a  farm  of  240  acres,  half  clay,  half  sharp  land,  naturally  dry, 
and  suitable  for  turnip-growing.  Supposing  the  clay  land  to 
be  cropped  on  a  six-years'*  rotation  (fallow,  wheat,  hay,  oats, 
beans,  and  wheat),  and  the  turnip  land  to  be  cropped  on  a  five- 
years"*  rotation  (turnips,  barley,  pasture — two  years — and  oats), 
he  found  that  the  produce,  deducting  seed,  was  worth  at  war 
prices  about  £9,  9s.  per  acre,  and  at  the  prices  current  in  1823, 
about  £5,  9s.  per  acre.^ 

It  was  not  until  shortly  before  the  time  of  Mr.  Dundas's 
death,  in  1838,  that  the  period  of  agricultural  depression 
passed  away.  He  lived  to  see  the  introduction  of  thorough 
drainage  by  Smith  of  Deanston,  and  a  tile- work  erected  upon 
his  estate  for  the  purpose  of  carrying  Smith''s  system  into  effect. 

1  The  produce  was  reckoned  at  the  following  rates  per  acre  :  Wheat,  5 
quarters;  oats,  10  to  12  bolls;  beans,  8  bolls;  barley,  9  bolls;  and  hay  200 
stones. 


1832.]  STATE  OF  THK  TORY  PARTY.  86I 

About  the  same  time  he  hacl  also  seen  the  first  threshin^- 
mrtchiiie  upon  the  estate  (h'iven  hy  steam  |)<)wer  ereeted  on  his 
farm  of  Ketlheugli.  But  in  18{i8,  tile-drainiiif^  and  the  appli- 
cation of  steam  as  a  motive  power  for  a^rieultural  purposes 
had  iiiade  so  little  way  as  to  be  rather  indications  of  the 
direction  of  progress  than  improvements  which  had  come 
into  general  use.  On  the  whole,  in  the  upper  district  of  Mid- 
Lothian,  little  change  had  l)een  effected  upon  agriculture  in 
tiie  nineteen  years  ending  with  1838. 

The  first  general  election  after  the  passing  of  the  Reform 
Bill  had  found  the  Scottish  Conservatives  in  a  prostrate  con- 
dition. The  loss  of  the  power  which  they  had  so  long  enjoyed 
was  a  source  of  deep  mortification  and  regret.  But  feeling  the 
revolution  through  which  the  j)olitical  condition  of  the  country 
had  piissed  to  be  beyond  recall,  they  set  to  work  to  do  the  best 
they  could  to  retrieve  their  losses.  To  none  of  them  was  the 
change  a  greater  blow  than  to  Mr.  Dundas.  A  keen  partisan, 
as  could  not  indeed  well  otherwise  be  the  case,  head  of  a  family 
which  had  long  borne  the  leading  part  in  the  administration 
of  Scottish  affairs,  and  endowed  with  abilities  which  qualified 
him  for  following  in  the  steps  of  his  ancestors,  his  keen  temper 
chafed  at  the  changes  which  had  swept  away  the  influence 
which  it  had  taken  so  many  years  of  strenuous  exertion  to 
build  up.  He  and  his  friends,  however,  threw  their  whole 
energies,  cheerfully  and  bravely,  into  the  reorganisation  of 
their  defeated  party  on  its  new  basis. 

Not  only  had  the  constituencies  of  Scotland  returned  an 
overwhelming  majority  of  Liberals ;  but  when  the  first  reformed 
Parliament  met,  the  estimated  strength  of  parties  in  the  House  of 
Commons  was  486  Liberals  to  only  172  Conservatives.  Yet  the 
Government  of  Lord  Grey,  apparently  so  strong,  and  enjoying 
all  the  prestige  of  having  carried  the  Reform  Bill,  grew  weaker 
and  weaker,  and  more  and  more  unpoj)ular,  as  each  succeeding 
month  passed  by.  In  1834,  Lord  Al thorp  resigned  because 
of  differences  with  his  colleagues  on  the  Irish  question.  Lord 
Grey,  believing  it  to  l)e  impossible  to  carry  on  the  Government 
without  him,  gave  up  the  seals.  Lord  Melbourne  was  sent  for 
and  requested  to  attempt  the  formation  of  a  Coalition  Ministry 
with  the  Duke  of  AVellington  and  Mr.  Peel.  But  he  declined  ; 
and  a  purely  Whig  Ministry  was  formed. 


362  ARNISTON  MEMOIRS.  [1835. 

In  the  new  Ministry,  Lord  Althorp  was  Chancellor  of  the 
Exchequer  and  Leader  of  the  House  of  Commons.  So  long  as 
he  remained  in  the  Commons,  the  Administration  retained  the 
semblance,  at  all  events,  of  vitality.  But  in  the  autumn  he 
was  called  to  the  Upper  House  as  Lord  Spencer.  This  raised 
the  delicate  question  of  who  should  lead  the  House  of  Commons. 
The  ministers  decided  that  Lord  John  Russell  was  the  man. 
The  King  objected.  But  the  ministers  were  saved  the  embar- 
rassment of  a  controversy  with  the  sovereign  ;  for  on  tlie  14th 
of  November  they  were  peremptorily  dismissed  from  office. 
Sir  Robert  Peel  was  recalled  from  Rome,  where  he  was  spending 
the  autumn  ;  and  a  Tory  Administration  was  once  more  in 
power.  Parliament  was  dissolved ;  and  Sir  Robert  Peel  went 
to  the  country  on  the  principles  of  reform  announced  in  the 
famous  Tamworth  Manifesto. 

In  Mid-Lothian,  Mr.  Dundas  and  his  friends  had  the  satis- 
faction of  regaining  the  lost  county  seat.  There  were  now 
1376  registered  electors  on  the  roll.  Of  these  1099  voted. 
The  candidates  were  Sir  George  Clerk  and  Mr.  William 
Gibson  Craig,^  younger  of  Riccarton.  In  the  Midcalder 
district  the  latter  had  a  large  majority.  But  in  Edinburgh 
and  Dalkeith  Sir  George  was  far  ahead.  The  result  of  the 
poll  was : — 

Sir  George  Clerk,  .  .  .  565 

Mr.  Gibson  Craig,  .  .  .  534 

When  the  new  Parliament  met  on  the  19th  of  February 
1835,  though  the  Conservatives  had  gained  largely,  there  was 
a  Liberal  majority  of  about  one  hundred  :  and  in  a  few  months 
Lord  Melbourne  was  again  Prime  Minister. 

In  the  autumn  of  1836  there  was  a  contest  for  the  Lord 
Rectorship  of  the  University  of  Glasgow.  Sir  Robert  Peel  was 
nominated  by  the  Conservatives.  Sir  John  Campbell,  after- 
wards Lord  Chancellor,  and  at  that  time  Attorney-General, 
was  also  put  up.  "  But,"'  he  says,  "  I  had  a  very  powerful 
opponent — no  less  a  person  than  Sir  Robert  Peel, — and  Con- 
servatism was  making  great  progress  among  the  professors,  who 
exerted  themselves  to  the  utmost  against  me.     When  it  came 

^  Afterwards  Sir  William  Gibson  Craig,  Lord  Clerk  Register  of  Scotland. 


1837]  rUR  PKEL  BANQUET.  36H 

to  the  election  I  had  only  one  nation,  and  he  Iwul  three."  The 
election  of  Sir  HolKTt  Peel,  a  trivial  matter  in  itself,  |ijave  an 
opportunity  of  uniting  with  his  installation  as  lAm\  Hector  a 
t::reat  political  bancpiet,  at  which  he  might  have  an  opportiniity 
of  a(l(lre.ssing  himself  to  the  leaditig  Conservatives  of  Scotland, 
who,  it  was  ho|)ed,  would  jtssend)le  from  every  part  of  the 
country. 

The  l)an(|uet  was  a  great  success,  and  was  attended  by  more 
than  three  thousand  j)ersons.  This  crowded  assemblage  cht*ered 
the  leader  of  the  Opposition  jis  he  discussed  three  topics — the 
advantages  of  an  Established  Church,  the  necessity  for  pre- 
serving the  House  of  I^)rds,  and  the  dangers  of  a  democracy. 
The  speech  was  received  with  enthusiasm,  and  hml  a  great 
effect  uj)on  the  party  at  large.  The  baiujuet  was  held  on 
Friday  the  13th  of  January  1837,  and  the  Ix)ndon  Morning- 
Herald  ])erformed  the  marvellous  feat  of  giving  a  full  report  on 
the  following  night,  Saturday  the  14th  ;  a  man,  for  whom 
relays  of  horses  were  provided,  having  been  sent  with  the  report 
from  Glasgow  to  I^ndon  in  the  short  space  of  twenty-two 
hours. 

A  large  party  had  been  invited  to  Blythswood,  by  Mr. 
Campbell,  to  meet  Sir  Robert;  and  Mr.  Dundas  was  annrng 
the  number.  He  returned  home  highly  pleased  with  the 
results  of  the  gathering  in  the  west,  and  hopeful  of  its  good 
effect  uj)on  the  future  prospects  of  the  Tory  j)arty. 

The  short  but  memorable  reigii  of  William  iv.  was  now 
drawing  to  a  close.  An  Edinburgh  newspaper  of  Thursday 
the  22d  of  June  contained  a  bulletin  which  said,  "  When  the 
last  messenger  left  Windsor,  His  Majesty  was  still  alive."  But 
at  that  time  news  was  longer  in  travelling  from  London  to 
Scotland  than  it  now  is  in  travelling  from  I^ndon  to  Australia. 
The  King  had  died  early  on  the  morning  of  Tuesday  the  20th  ; 
and  two  days  before  the  mail  reached  Edinburgh,  the  young 
Queen,  whose  good  fortune  it  was  to  be  to  wear  the  British 
Crown  during  many  years  of  unexampled  prosj^erity,  had,  in 
the  presence  of  her  assembled  councillors,  accepted  the  "  awful 
responsibility  "  of  her  new  position. 

Parliament  was  dissolved  on  the  17th  of  July.  But  long 
l)efore  that  day  preparations  for  the  general  election  had  been 
going  on  in  Scotlancl.     In  Mid-I^thian  the  nomination  day  wa« 


364  ARNISTON  MEMOIRS.  [1837. 

the  31st  of  July,  when  a  crowd  of  10,000  people  gathered  at 
the  town  cross  in  Edinburgh.  The  candidates  were  Sir  George 
Clerk,  proposed  by  Captain  Burn  Callendar,  and  Mr.  William 
Gibson  Craig,  younger  of  Riccarton,  proposed  by  Lord  Dal- 
meny.  "  The  interest  excited  among  all  classes  by  this  election 
is  beyond  all  former  example,"  says  the  Courant.  There  had 
been  two  elections  since  the  Reform  Act.  The  first  had  been 
won  by  the  Liberals.  The  second  had  been  won  by  the  Con- 
servatives. This,  the  tliird  election,  was  therefore  the  cause 
of  intense  excitement  in  the  country.  The  voting  began  at 
nine  o'clock  on  the  morning  of  the  1st  of  August ;  and  when 
the  poll  closed  at  four  oVlock  on  the  2d,  the  numbers  were : — 

Mr.  W.  Gibson  Craig,    ...         703 
Sir  George  Clerk,  .         .         .         ()()1 

By  the  12th  of  August  the  elections  in  Scotland  were  at 
an  end.  The  Conservatives  had  gained  seats  in  the  counties 
of  Caithness,  East  Lothian,  Inverness,  Lanark,  Perth,  Renfrew, 
Ross  and  Cromarty,  Sutherland,  and  Wigtown.  But  they  had 
lost  Mid-Lothian,  Banffshire,  Orkney  and  Shetland,  and  Rox- 
burghshire. The  returns  thus  showed  a  clear  gain  of  five 
county  seats.  In  the  burghs,  however,  the  prospect  was  as 
dark  as  ever — the  Kilmarnock  district  being  the  only  burgh 
constituency  in  Scotland  which  returned  a  Conservative 
member. 

The  balance  of  parties  in  the  Scottish  constituencies  was  : — 

Counties,    \  .  19  Conservatives,  11  Liberals. 

Burghs,        .  .  1  Conservative,    22  Liberals. 

When  the  new  Parliament  met  the  Scottish  Conservatives 
had  the  satisfaction  of  seeing  not  only  that  their  party  had 
gained  a  substantial  measure  of  success  in  the  counties  of 
Scotland,  but  also  that  in  England  the  Liberal  strength  was 
considerably  reduced.^ 

In  past  days  the  family  at  Arniston  had  been  staunch 
supporters  of  the  Church  of  Scotland,  while  in  return  the 
members   of  the  Moderate  party,   so    long  dominant    in    tlie 

1  The  estimated  strength  of  parties  in  the  first  Parliament  of  Queen  Victoria 
was  348  Liberals  to  310  Conservatives. 


1837]  THE  GENERAL  ASSEMBLY.  365 

Church,  couhl  generally  he  refkonetl  u|)on  iw  siife  and  reliabh* 
Tory  voters. 

The  owners  of  Arniston  had  also,  for  many  generationR, 
taken  an  active  })art  in  the  deliberations  of  the  (Jeneral 
Assembly,  tis  being  inseparable  from  the  secular  politics  of 
the  country.  But  a  change  was  now  coming  over  the  parties 
within  the  Church.  The  Moderate  party  wjus  rapidly  losing 
its  ascendency  ;  and  its  opponents,  with  their  impatience  of 
state  control,  were  gaining  the  preponderance  in  the  church 
courts.  In  1837,  the  Presbytery  of  Dalkeith,  as  they  hjid 
done  for  many  years,  appointed  Mr.  Dundas  to  be  their  lay 
representative  in  the  General  Assend)ly.  But  matters  in  the 
Presbytery  looked  so  threatening  that  Mr.  Goldie,  the  minister 
of  Temple,  felt  himself  bound  to  unburden  his  mind  upon  the 
subject. 

Rev.  James  Goldie  to  Robert  Dundas. 

Temple,  28M  March  1837. 

Sir, — By  this  time  I  suppose  that  you  will  have  received  a 
letter  from  the  Presbytery  of  Dalkeith  intimating  that  on  Tuesday 
last  they  had  elected  you  their  Elder  to  represent  them  in  the 
next  General  Assembly.  Allow  me  to  remind  you  to  answer  their 
letter,  and  also  suggest  some  means  to  keep  them  in  humour,  for 
the  majority  of  them  next  year  will  be  decidedly  on  the  wild  side 
of  the  church.  This,  you  will  remark,  is  owing  to  the  good  sense 
or  good  taste  of  the  Tory  patrons.  What  appears  to  me  might  be 
done  is  that  you  should  wait  upon  the  Presbytery  at  Dalkeith  at 
their  first  ordinary  meeting,  and  thank  them  for  electing  you  as 
their  Elder,  and  invite  them  to  dinner  at  Arniston. 

Excuse  the  liberty  I  have  taken,  and  believe  me  to  be,  &c., 

James  Goldie. 

Mr.  Dundas  also  attended  the  General  Assembly  of  183S, 
the  Presbytery  of  Dalkeith  having  again  elected  him  to  repre- 
sent it,  and  returned  to  Arniston  disgusted  with  the  proceedings 
which  he  had  witnessed,  and  auguring  evil  consequences  from 
the  course  on  which  the  leaders  of  the  majority  seemed  bent 
upon  entering.  But  attendance  at  that  Assend)ly  proved  to 
be  the  close  of  Mr.  Dundas^s  public  life — an  attack  of  illness 
which   proved   fatal   having  seized   him   a   few  days  after  his 


366  ARNISTON  MEMOIRS.  [1838. 

return  home.  His  active  work  upon  his  estate,  in  politics,  and 
in  the  church,  was  tlius  brought  suddenly  to  a  close  at  an  early 
period  of  life.  He  died  at  Arniston,  on  the  8th  of  June  1838, 
in  his  forty-second  year,  and  was  buried  in  the  family  burial 
place  beneath  the  chancel  of  old  Borthwick  Church. 

Mrs.  Dundas  survived  her  husband  many  years,  continuing 
to  live  at  Arniston  during  her  eldest  son's  minority.  But  in 
1845,  by  the  death  of  her  uncle,  Sir  Philip  Durham,^  the 
succession  to  the  estates  of  her  own  family  in  Fife  and  in  Mid- 
Lothian  devolved  upon  lier  ;  and  in  compliance  with  the  entail 
she  assumed  the  name  of  Durham.  She  resided  upon  her  family 
estate  during  many  years,  devoting  herself  to  the  good  of  the 
people  upon  it,  until  failing  health  compelled  her  to  live  abroad. 
She  died  in  Italy  in  1883  at  the  age  of  84. 

Mrs.  Durham  was  the  last  of  her  race.  And  anions^  the 
vicissitudes  of  families  it  is  not  often  that  a  once  tolerably  numer- 
ous family  disappears  so  completely  as  the  Scottish  Durhams 
have  done.  From  Sir  William  Durham  of  Grange,  who  lived 
in  the  time  of  Robert  Bruce,  descended  several  families,  who 
were  settled  upon  estates  in  Forfarshire,  Fife,  and  the  Lothians. 
But  one  after  another  they  have  all  died  out,  and  so  completely 
has  this  been  the  case  that  among  the  landowners,  large  farmers, 
and  residents  whose  names  appear  in  the  County  Directory  of 
Scotland,  the  name  of  Durham  is  not  to  be  found. 

Mr.  Dundas  was  survived  by  many  of  those  who  had 
started  with  him  in  life,  some  of  whom  have  been  mentioned 
in  the  later  pages  of  these  memoirs.     His  uncle,  the  Right 

1  Admiral  Sir  Philip  Durham,  G.C.B.,  of  Largo  and  Polton,  was  both  a 
fortunate  and  distinguished  officer  during  the  long  French  war.  As  a  lieutenant 
he  was  one  of  the  few  of  those  who  were  saved  when  the  /^oj/a/  George  sank  at 
Spithead — and  as  a  captain  he  was  most  fortunate  in  the  number  of  prizes  made 
by  the  ships  under  his  command.  Among  these  may  be  mentioned  the  French 
frigate  Loire,  captured  after  a  severe  action  by  his  ship  the  Anson.  He  was  one 
of  Nelson's  captains  at  Trafalgar,  where  he  commanded  the  Defiance,  74 ;  and 
was  wounded.  As  Admiral  his  good  fortune  did  not  forsake  him,  for  while  on 
his  way  to  the  West  Indies  on  board  the  Vetterable,  74,  he  fell  in  with  and 
captured  the  two  French  frigates  Iphigenie  and  Alcmene  of  44  guns  each. 

Sir  Philip  sat  in  two  parliaments,  first  for  Queenborough,  and  subsequently 
for  Devizes  ;  but  attendance  at  the  House  of  Commons  was  not  to  the  old 
Admiral's  taste. 

By  the  deaths  of  his  two  older  brothers  and  his  two  nephews,  without  male 
heirs.  Sir  Philip  inherited  the  family  estates.  He  died  in  1845  at  the  advanced 
age  of  83. 


1838]  CONCLUSION  OF  THE  MEMOIRS.  367 

Hon.  WilHani  DuikIils,  the  lA}n\  Clerk  Register,  so  long 
nieinher  for  Kdinbiirgli,  lived  till  IH-iS.  Mr.  Uolwrt  Atlain 
Diindas  was  returned  to  Parliament  for  North  Lincolnshire  at 
the  general  election  of  18.S7,  and  sat  in  the  House  of  Connnons 
till  1857.  In  1852  he  wjus  Chancellor  of  the  Duchy  of  I^ui- 
caster  in  Lord  Derby's  Administration.  He  assumed  the  name 
of  Christopher  instead  of  Dundas,  in  com|)liance  with  the  will 
of  Mr.  George  Manners  of  lUoxholm  Hall,  and  afterwards  took 
the  name  of  Nisbet-Hamilton,  when  Lady  Mary,*  his  wife, 
succeeded  to  the  Belhaven  and  Dirleton  estiites  in  1855.  In 
East  Lothian,  Mr.  Nisbet-Hamilton  wtus  very  popular.  He 
spent  a  great  portion  of  each  year  in  the  county,  and  was  a 
generous  sup})orter  of  the  good  old  sport  of  coursing.  At 
one  time  he  was  asked  to  stand  for  the  county,  as  a  suj)jK)rter 
of  the  Com  Laws  ;  but  he  preferred  the  seat  for  North  l^incoln- 
shire,  and  declined.  He  survived  the  repeal  of  the  Corn  Laws, 
the  introduction  of  household  suffrage  in  burghs,  the  introduc- 
tion of  the  ballot,  and  many  other  changes  which  would  have 
been  thought  impossible  in  his  younger  days.  He  died  in 
London  on  the  9th  of  June  1877.  One  of  Mr.  Dundas's 
younger  brothers,  Mr.  William  Pitt  Dundas  (third  son  of  the 
Chief  Baron),  who  held  the  office  of  Deputy-Clerk  Register  for 
nearly  forty  years,  was  a  well-known  figure  in  the  streets  of 
Edinburgh  until  a  short  time  ago.  He  had  been  called  to  the 
Bar  in  1823,  and  at  his  death,  in  1882,  was  one  of  the  oldest 
members  of  the  Faculty. 

The  second  Viscount  Melville's  official  life  ended  with  the 
fall  of  the  Duke  of  Wellington's  Administration  in  1830  ;  but 
for  twenty  years  after  he  continued  to  take  an  active  and 
useful  part  in  the  public  life  of  Scotland.  In  1843  he  was 
appointed  Chairman  of  the  Royal  Commission  of  Incjuiry  into 
the  Poor  I^w  of  Scotland.  "  The  Commissioners,"  says  Lord 
Cockburn,  "  have  not  been  selected  so  wisely  as  tliey  might ; 
but  Lord  Melville's  being  at  the  head  of  them  is  a  sufficient 
guarantee  for  the  whole.  A  more  industrious,  business-like, 
sensible,  and  candid  chairman  could  not  have  been  got,  or 
indeed  fancied."  Tlie  Report  of  this  Commission  was  pre- 
sented   to   Parliament   in  May   1844.     The  valuable  mass  of 

*  Lady  Mary  Bruce,  eldest  daughter  of  the  seventh  Earl  of  Elgin. 


368  ARNISTON  MEMOIRS.  [1838. 

evidence  which  it  had  collected  bore  ample  testimony  to  the 
ability  of  Lord  Melville  ;  and  in  1845  Lord  Advocate  M'Neill  ^ 
carried  through  Parliament  the  Poor  Law  Act  for  Scotland, 
which  was  based  on  the  recommendations  of  the  Commission. 
Lord  Melville  died  on  the  10th  of  June  1851,  in  his  eightieth 
year.  "  Robert,  the  second  Viscount  Melville,  has  gone,"" 
writes  Lord  Cockburn  in  his  journal.  "  After  holding  high 
offices,  and  performing  their  duties  well,  he  retired  from  public 
life  about  twenty  years  ago,  and  has  ever  since  resided  quietly 
at  Melville  Castle.  But  though  withdrawing  from  London  and 
its  great  functions,  he  did  not  renounce  usefulness,  but  entered 
into  every  Edinburgh  work  in  which  it  could  be  employed  with 
respectability.  He  was  at  the  head  of  tlie  Scotch  Prison  Board, 
a  very  active  member  of  tlie  Board  of  Trustees,  did  the  whole 
county  business,  and  tlie  friends  of  every  useful  measure  deemed 
themselves  safe  if  they  could  only  get  him  to  engage  in  it.  He 
deserved  this  unanimous  public  trust  by  plain  manners,  great 
industry,  excellent  temper,  sound  sense,  and  singular  fairness. 
There  could  not  possibly  be  a  better  man  of  business.'"'  He 
was  succeeded  by  his  eldest  son,  Henry  (the  Henry  Dundas, 
some  of  whose  letters,  written  at  the  crisis  caused  by  the  resig- 
nation of  Mr.  Huskisson,  are  printed  in  these  Memoirs),  who, 
entering  the  army  in  1819,  commanded  the  83d  Regiment 
during  the  insurrection  in  Canada  in  1837,  and  became  Major- 
General  in  1854.  "  He  received  the  thanks  of  Parliament,  and 
was  invested  with  the  Order  of  the  Bath  for  his  services  at 
the  battle  of  Gujerat ;  and  was  appointed  a  General  in  1868. 
He  died  in  February  1876. 

At  his  death  in  1838,  Mr.  Dundas  was  succeeded  bv  his 
eldest  son,  Robert,  the  present  proprietor  of  Amiston. 

But  here  this  volume  of  family  history  must  be  closed.  It 
ends  where  it  began,  among  the  old  Temple  lands  on  the  banks 
of  the  South  Esk  in  Lothian.  The  passing  away  of  three 
centuries  has  brought  about  many  changes  in  the  appearance 
of  the  country,  and  in  the  habits  of  the  people.  But  the 
whole  of  that  fertile  valley  through  which  the  North  Esk  and 
the  South  Esk  flow,  on  their  way  to  the  Firth  of  Forth,  is  still 
full  of  the  memories  of  the  past.     There  is  probably  no  other 


Afterwards  Lord  Colonsay. 


1838.] 


CONCLUSION  OF  THE  MEMOIRS. 


S69 


part  of  Scotland  where,  within  tJie  circuit  of  a  few  miles,  the 
student  of  history  can  find  so  many  scenes  of  interest — the 
homes  of  men  who  have  borne  a  distinguished  part  in  the 
political,  and  le<j;al,  and  literary  history  of  Scotland — spots 
which  have  been  sung  of  in  our  national  jMJetry,  Uoslin's  ciistled 
rock,  Dryden\s  groves  of  oak,  cavemed  Hawthornden ;  the 
battle-fields  of  Pinkie,  RuUion  Green,  and  Prestonpans  ;  Craig- 
millar,  Borthwick  Ctistle,  Crichton  Cti-stle,  aiul  Carberry, 
famous  in  the  story  of  Mary  Stuart ;  Dalkeith,  the  home  of 
the  Buccleuchs;  Inveresk,  where  lived  "Jupiter"*^  Carlyle; 
Woodhouselee,  Oxenfoord,  Melville,  Newbattle ;  all  these 
places,  and  many  others  which  have  been  mentioned  in  these 
Memoirs,  are  within  a  dozen  miles  of  Arniston. 

Much  of  Scottish  history  has  been  made  by  the  men 
who,  from  one  generation  to  another,  lived  and  died  within 
that  narrow  limit ;  and  old  George  Dinidas  and  Dame 
Katherine  Oliphant  little  thought  what  an  imj)ortant  jmrt 
was  to  be  played  by  the  descendants  of  the  younger  son, 
for  whom  they  thriftily  saved  money,  and  bought  the  Mains 
of  Arniston. 


^^6> 


=  ^>»i.'^ii^^tr: 


ARTHL  K  S  SKAI    J  KOM  ARNISTON. 

2a 


INDEX, 


Abbeyhill,  where  Lord  Arnistondied 
in  1753,  aged  67,  109. 

Abbotsiord,  299. 

Aljercromby,  George  (Lord  Aber- 
cromby),  on  Lord  Melville's  acquit- 
tal, 263. 

Lord,  writes  to  R.  Dundas,  Feb. 

1827,  331;  at  one  time  M.P.  for 
Edinburgh,  351. 

Rt.  Hon.  Jas.,  isapix)inted  Chief 

Baron,  348;  elected  for  Edinburgh 

1832,  355- 

Sir  Ralph,  263  note. 

Adam,  Sir  Fred.,  307, 

R.,  architect  of  Arniston,  248. 

Rt.    Hon.   Wm.,  of  Blairadam, 

277  note. 

Adam  Square,  where  President  Dundas 
lived,  pulleddown  in  1871, 189;  house 
of  second  President  Dundas  in,  196. 

*  Adamant,'  the,  249. 

Addington,  219  ;  ministry  of,  formed, 
253  ;  downfall  of  his  ministry — cre- 
ated Lord  Sidmouth,  259. 

Advocati  Loyalty^  a  pamphlet  so 
called,  55. 

Airdrie,  312. 

Aix-la-Chapelle,  206. 

Aldan,  xxv. 

Alemore,  Lord,  votes  in  the  Douglas 
Cause,  20Q  iwte. 

Algitha,  xxiii. 

Alison,  Archibald,  author  of  History 
of  Europe^  310. 

Almack,  Richard,  of  Melford,  SuflFolk, 

31- 

Alva,  38. 

Althorp,  Lord,  proposed  as  chairman 
of  finance  committee,  1827,  314 ; 
resigns,  361  ;  Chancellor  of  the  Ex- 
chequer— created  Lord  Spencer,  362. 

Amulrie,  95. 

Andernach,  288. 

Anderson,  Adam  (Lord),  334  note. 

Adam,  328. 

David,   of  Moredun,    writes    to* 

Robert  Dundas,  July  1827,  334. 

J.,   on    the    death    of    Admiral 

Duncan,  252. 


Angus  and  Dudho|>e,  estate  of,  206. 

Annexation  Act,  161. 

Anstruther,  Lord,  90. 

Antwerp,  286. 

Apennines,  290. 

Appin,  154. 

Ardshiels,  154. 

Argis,  Monastery  of,  309. 

Argyll,  Earl  of,  made  a  Marquis,  18 ; 
leads  the  Presbyterians  in  1638,  21  ; 
sentenced  to  death,  39. 

Duke  of,  his  influence,  89  ;  in  the 

Cabinet,  resigns,  97;  susf>ected  of 
Jacobitism,  98 ;  writes  to  Lord 
Arniston,  May  1748,  105. 

Arniston,  early  history  of,  I  ;  tajiestry 
at,  2  ;  name  of,  substituted  for  that 
of  Ballintrodo,  4 ;  Mains  of,  rent, 
9 ;  limestone,  lO ;  stock,  10 ;  pro- 
duce of,  in  crops,  15  ;  entailed  on 
heirs-male,  17;  improvements  at, 
old  Manor-house  of,  oak -room  of, 
42  ;  map  of  its  woods  and  roads, 
45  ;  ash-tree  of,  descril^ed  and 
sketched,  46  ;  beech  avenue  of,  48  ; 
bowling  green  at — trees  at,  49; 
plantations  of — wilderness  of,  73  ; 
plan  of,  75 ;  Gardener's  Park  of,  76  ; 
the  Grotto,  76;  plan  of,  in  1753, 
showing  improvements  of  first  Presi- 
dent, 77 ;  accident  to  Dundas  at, 
91  ;  style  of  living  at,  a  week's  bill 
of  fare  in  1748,  107;  consumption 
of  wine  and  spirits  at,  1740-49,  108  ; 
old  clock  in  hall  of,  no;  additions 
made  to,  189;  expenses  at,  until 
1780,  191  ;  farm  buildings  on,  193  ; 
Mains,  rotation  of  crops  on,  1769- 
1778,  195  ;  oak-room  of,  21 1  ;  north 
front  of,  248 ;  drains  of,  295 ; 
garden  gate  of,  built  of  stones  from 
old  Parliament  House,  297  ;  beech 
avenue,  gate  of,  298  ;  bridge  at, 
made  of  stones  from  old  Parliament 
House,  300;  colliery,  359. 

Lord.     See  Dundas. 

Lady  (Anne  Gordon),'  writes  to 

Sol. -General  Dundas,  1745,  132. 

Arnolstoun,  18. 


S72 


INDEX. 


Arnot,  author  of  a  work  on  Criminal 

Law,  296. 
Dr. ,  his  fee  for  embalming  body 

of  Sir  James  Dundas,  13. 
Articles  of  Faith  signed  by  Sir  James 

Dundas,  5. 
Artois,  Comte  d',  283. 
Athens,  308. 
Auchinleck,  Lord,  182  ;  votes  in  the 

Douglas  Cause,  209  note. 
Augustus,  King  of  Poland,  death  of, 

112. 
Aviemore,  92. 
Aytoun,  the  Radical,  354. 

Badenoch,  222;  gentry  of,  153;  dis- 
affection in,  155. 

Bailey,  Alex.  (Capt.  Bailey),  sus- 
pected, 121. 

Baillie,  Elizabeth,  daughter  of  second 
President,  186. 

Henrietta    (Mrs.    Dundas),    95 

Twte ;  letter  from,  dated  Lawers, 
Oct.  1742,  117;  her  death,  152. 

Dame     Margaret     (Lady     Car- 

michael),  mother-in-law  of  second 
President  Dundas,  114. 

Baird  of  Newbyth,  152. 

Baker's  Avenue,  191. 

Ballintrodo,  seat  of  Templars,  i  ; 
barony  of,  broken  up,  2  ;  name 
changed  to  Arniston,  4. 

Balmerino,  becomes  a  Lord  of  Session, 
18. 

Banffshire,  Conservatives  lose,  in  1837, 

364. 
Bargany,    Lord,  65    note;   ward   and 

nephew  of  Dundas,  81  ;  letter  of,  to 

Robert  Dundas  (second  President), 

87 ;  writes  to  his  cousin,    Dundas, 

in   1734,    112;    letter  from,   to  his 

cousin    Dundas,   dated    Spa,  June 

1734— dies,  113. 
Barjarg,  votes  in  the  Douglas  Cause, 

209  note. 
Barhain^  Life  of,  299. ' 
Bambougle,  barony  of,  xxviii. 
Bath,  visited  by  Chief  Baron,  257. 

Earl  of,  succeeds  Pelham,  142. 

Bathurst,  Lord  (1735),  at  the  Duke  of 

Queensberry's,  84. 

Lord  (1827),  retires,  330. 

Bayll,  John,  innkeeper,  Edinburgh, 247. 
Beauclerk,    Lord    George,    writes    to 

Lord  President  Dundas,  Oct.  1765, 

178. 
Beautiful  Order,  228. 
Bedford,    Duke   of,    1 72  ;   presents   a 

petition  to  the  House  of  Lords,  84  ; 

resigns,  Feb.  1746,  142. 
Bedlay,  Lord,  32,  33. 


I    Beechwood,  38. 

Beer,    tax   on,    to   be  substituted  for 

Malt  Tax,  68. 
Belhaven,  Lord,  supposed  to  be  the 

author  of  Countryman^ s  Rudiments, 

describes  condition  of  East  Lothian, 

72. 
Ben  Alder,  222. 
Bennet,  Robert,  Dean  of  Faculty,  52. 

Dr.,  296. 

Bentinck,  Lord  George,  344  «^/^. 

Berlin,  286. 

Bexley,  Lord,  in  the  Canning  Ministry, 

1827,  330. 
Bills  of  Fare  for  a  week  at  Arniston  in 

1748,  107. 
Bingen,  288. 
Birkenside,   10,  44  ;  rotation  of  crops 

on,  1769-1778,  195. 
Birmingham,  343. 
Bishop's  Land,  where  Lord  Arniston 

resided  in  Edinburgh,  107. 
Blair,  92. 

Forbes,  355. 

Jas.  Hunter,  member  for  the  city, 

218. 

Robert,  of  Avontoun,  Solicitor- 
General,  239,  254 ;  death  of,  in 
May  181 1,  267. 

Blakehope,  10. 

'  Bloodie  Mackenzie,'  39, 

Blucher,  287. 

Blythswood,  363. 

Bogend,   rotation  of  crops  on,   1769- 

1778,  195. 
Boig,  Matthew,  servand,  ii. 
Bolton,    Duke   of,   at    the    Duke    of 

Queensberry's,  84. 
Bonar,  John,  328. 
Bonnington,  114. 
Bonnymuir,  312. 
Boroughbridge,  279. 
Borthwick,  John,   of  Crookston,   261 

note  ;  married  Anne  Dundas,  292. 

Michael,  of  Glengelt,  2. 

Sir   William,    builds   Borthwick 

Castle,  7. 

kirk,  family  burial-place  in,  6 ; 

complaint  by  minister  of,  6  ;  vestry 
of,  sold  to  Sir  James  Dundas,  7. 

parish  church  of,  burned  down,  8. 

parish,  valuation  of,  8. 

where  second  President  is  in- 
terred, 1787,  198. 

old  church  of,  299. 

Castle,  369. 

Bossy,  283. 

Boswell,  David,  of  Balmuto,  xxvii.,  2. 

James,     218;     his     verses    on 

Dundas,  219. 
Bothkennar,  xxvi. 


INDEX. 


S7S 


Bovino,  309. 

Boyd,  Mistress  Marion,  marries  James 

Dundas,  1 7  ;  her  issue,  38. 

Rol)ert,  Lord,  17,  38. 

Brax field,  Lord.     See  Macqueen. 

Breteuil,  290. 

BrtWe    of    Lamnurmoor^    characters 

therein,  39. 
Broad      Bottom      Administration     of 

1744,  124. 
Broun,  James,  329. 
Browne,  Robert,  servand,  li. 
Bruce,  General,  of  Kennet,  xxxiv. 

James,  cuik,  11. 

Lady  Mary,  367  ticte, 

Brussels,  286. 

Bryans  colliery,  359. 

Buccleuch,   Duke  of,   303  uoU^   221, 

342  ;  fees  Dundas,  217. 
Buchan,    George,    of   Kelloe,     252 ; 

marries  Anne  Dundas,  1773,  187. 
Bukharest,  309. 
Bulwer's    Life    of  Lord  Palmerston, 

345  *fo^^' 

Buonaparte,  Jerome,  287. 

Burgh  Reform,  226. 

Burke,  Edmund,  on  the  French 
Revolution,  1790,  229. 

Burnett,  Jas.  (Lord  Monboddo),  suc- 
ceeds Lord  Milton,  1766,  179;  is 
counsel  for  Mr.  Douglas,  180 ; 
'  Attic  Banquets,'  205  ;  at  Paris, 
207  ;  on  the  Douglas  Cause,  209. 

Bute,  Lord,  advancement  of,  169  ; 
ascendency  of,  171. 

Butler,  Hon.  Simon,  239. 

Burne,  10. 

Buxton,  215. 

Byng,  Admiral,  court-martial  on,  1 19. 

Caithness,  Conservative  victory  for, 

1827,  364. 
Calais,  289. 
Calderwood,  Lilias  Durham,  of  Polton, 

Caledonian  Mercury  on  Henry  Dun- 
das's  re-election,  1783,  217. 

Caledonian  Chronicle,  233. 

Callendar,  Captain  Burn,  364. 

Cambaceres,  286. 

Cambray,  289. 

Camnethan,  152. 

Campbell,  Lord,  his  Lives  of  the 
Chancellors,  209. 

John,  M.  P.  for  Dumbartonshire, 

333. 
Hay,  appointed  Lord  President, 

1789,  221. 
Camperdown,  249. 
Canary  Islands,  256. 
Canning  writes  to  Chief  Baron  Dundas, 


Feb.  1806,  364;  on  the  one-pound 
notes,  315  ;  rwjuested  to  form  a 
Ministry,  1827,  329  ;  death  of,  Aug. 

8.  1827,  334. 
Canning,  Lady,  337. 
Carl)erry,  369. 
Carleel,  33. 
Carlisle,  Lord,  adheres  to  Canning, 


Carlyle,  Dr.  (Jupiter  Carlyle),  his  de- 


330- 

rlyle, 

scription  of  the  first  President  Dun- 
das, 58;  on  the  Tragedy  o{  Douglas ^ 
159;  '  Jupiter,' 369. 

Carmelite  Friars,  xxvi. 

Carmichael,  Sir  James,  of  Bonnington, 
father-in-law  of  second  President 
Dundas,  114. 

Lady,  152.     See  Baillie. 

Carnegie  of  Finhaven — murder  of  the 
Earl  of  Strathmore,  78. 

Carrington,  3,  42,  91. 

Water  of,  43. 

Carteret,  Lord,  82  ;  at  Lord  Cobham's, 
83  ;  opposes  the  Duke  of  Argyll  on 
management  of  Scotland,  97 ;  a 
royal  favourite — his  motto,  124  ; 
resigns  Nov.  1744,  124  ;  jealousy 
between,  and  Pelham,  136. 

Cassiltoun,  5. 

Castle  Leod,  73  ;  a  resort  of  Lord 
Arniston's,  93. 

Castlereagh,  Lord,  265. 

Castleton,  304,  3,  10. 

Burn,  76. 

Catcune,  44. 

Catholic  Emancipation,  253. 

Emancipation  Act,  349. 

Cato  Street  conspirators,  230. 

Chantrey,  his  statue  of  Chief  Baron 
Dundas,  292. 

Chapman,  237. 

Charles,  Emperor,  112. 

I.,    xxviii.  ;  mistaken  policy  of, 

16  ;  in  Scotland,  17. 

II.,  xxviii.,  230  ;  custom  regard- 
ing verdict  then  established,  78. 

Prince  (Pretender),  lands  among 

Western  Islands,  Aug.  1745,  126  ; 
enters  Derby,  136. 

Chatsworth,  76. 

Chesterfield,  Lord,  102  ;  opposes  Wal- 
pole.  Lord -Steward  of  the  House- 
hold, dismissed,  79  ;  his  dismissal, 
82  ;  at  Lord  Cobham's  meeting,  83. 

Chevalier,  his  arrival  in  1745,  126. 

Chichester,  Earl  of,  xxxii. 

Chipperham  election  petition,  96. 

Church,  Established,  advantages  of, 
discussed  by  Sir  Robert  Peel,  363. 

of  Scotland   supported    by   Ar- 

niston  family,  364. 


374. 


INDEX. 


Clackmannanshire  represented  by 
James  Erskine  of  Grange,  83. 

Clarence,  Duke  of,  resigns  office  of 
Lord  High  Admiral,  339. 

Clarendon,  21. 

Clark,  John,  328. 

Clerk,  Sir  George,  of  Penicuik, 
337  note ;  represents  Midlothian, 
281  ;  M.P.  for  Midlothian,  313  ; 
defeated  by  Sir  John  Dalrymple 
1832,  356  ;  returned  for  Midlothian 
1835,  362 ;  defeated  by  Sir  W. 
Gibson-Craig  1837,  364. 

Clerkington,  304  note. 

Coalition,  214,  216  ;  unpopularity  of, 
274. 

Coalston,  Lord,  182  ;  votes  in  Douglas 
Cause,  209  note. 

Cobham,  Viscount,  83,  84. 

Coblentz,  288. 

*  Cobler  of  Messina,'  243. 

Cochrane,  Admiral,  256. 

Cockburn,  Baron,  xxxi. 

Lord,  88  ;   on    Henry    Dundas, 

214;  bears  no  good- will  to  Robert 
Dundas,  his  cousin,  216 ;  his 
Me77torials^  221  ;  describes  Edin- 
burgh Council  Chamber,  228  ;  on 
Chantrey's  statue  of  Chief  Baron 
Dundas,  292  ;  on  second  Viscount 
Melville,  314. 

Archibald,  Sheriff  of  Midlothian, 

88  7iote. 

of  Cockpen,  88. 

Sir  John,  of  Ormiston,  38. 

Sir  William,  88. 

Cockpen,  17. 

Cockpit,  69. 

College  of  Justice,  32. 

Collieries  of  the  Lothians,  359. 

Cologne,  287,  289. 

Colonsay,  Lord,  368  note. 

Colquhar,  304. 

Colt,  Adam,  of  Auldhame,  189. 

Oliver,  20. 

Commissioners  appointed  to  examine 
Borthwick  Kirk,  7  ;  sit  at  Dalkeith 
as  Executive,  21  ;  cease  to  act, 
23.. 

Comrie,  222. 

Constantinople,  308. 

Cope,  vSir  John,  sent  to  Scotland  as 
Commander-in-Chief  in  1744,  119; 
is  consulted,  121  ;  consults  Lord 
Arniston,  122  ;  starts  for  the  North 
too  late,  127;  marches  to  Inverness, 
128 ;  is  defeated  at  Prestonpans — 
his  defeat,  131. 

Corfu,  347. 

Cornwallis,  Lord,  174. 

Corryburgh,  92. 


Cotton,  Sir  John  Hinde,  fails  to  ob 
tain  a  place,  97. 

Couper,  Rev.  Robert,  minister  of 
Temple,  16  ;  charged  with  tippling, 
\%  et  seq. 

Coursing  in  Scotland,  305  et  seq. 

Coiirant  on  the  election  of  1837,  364. 

Court  of  Session  from  1748  to  1787, 
203  ;  constitution  of,  205. 

Craig,  Sir  W.  Gibson,  defeated  by 
Sir  George  Clerk,  1835,  362  ;  re- 
turned for  Midlothian,  1837,  364. 

Craigie  of  Glendoick,  a  candidate  for 
the  President's  chair,  99  ;  Lord 
Advocate,  102,  117,  119;  writes 
to  Dundas,  Jan.  1746,  138,  141  ; 
Lord  President,  dies,  March  1760, 
162. 

Craigmillar,  369. 

Cranston,  William,  190. 

Crawford,  Lord,  24,  28. 

Crebillon,  158. 

Crichton  Castle,  369. 

Crieff,  96. 

Croker  replies  to  Malagrowther,  325. 

Cromarty,  Earl  of,  23. 

Countess  of,  93. 

Crombie,  Thomas,  servand,  11. 

Cromwell,  triumph  of,  21. 

Crops,  rotation  of,  1769-1778,  195. 

Cruz,  256. 

Cumberland,  Duke  of,  172. 

Cummings,  as  a  judge,  90. 

Cunningham,  David,  328. 

Currie,  95. 

Dalhousie,  91,  295,  359. 

Lord,  signs  Covenant,  16. 

Dalinagarry,  92. 

Dalkeith,  295. 

Presbytery  of,  6,   16  ;  questions 

Sir  James  Dundas  regarding  Solemn 
League,  21. 

Small-pox  at,  85. 

— ■■ —  Park,  pheasants  on,  303. 

Dallas  of  Dawlish,  261. 

Dalmeny,  Lord,  364. 

Dalnacardoch,  92. 

Dalrymple,  Daniel.  34. 

Sir  David,  of  Hailes,  youngest 

son  of  first  Lord  Stair,  55  ;  Lord 
Advocate  (1709-14),  displeases  the 
Government,  and  is  dismissed,  53, 
60 ;  retires,  becomes  Audilor  of 
Exchequer,  64. 

Sir  David  (Lord    Hailes),   157  ; 

on  the  bench,  1766- 1792,  204; 
attends  Douglas  Cause  in  Paris, 
207  ;  votes  in  Douglas  Cause,  209 
710 te,  225  note. 

Sir  Hew,  President,  death  of,  in 


INDEX. 


S75 


1737,  89;  his  opinion  of  first  Presi- 
dent Dundas,  109 ;  old  age,  204. 

Dalrymple,  James,  Clerk  of  Court  of 
Session,  39. 

Sir  James,  of  Stair,  elevated  to 

the  bench,  23  ;  letter  of,  to  Sir  James 
Dundas,  dated  Sept.  12,  1663,  25  ; 
letter  of,  to  Sir  James  Dundas,  of 
same  date — letter  of  date  Sept.  21, 
26 ;  letter  from,  t<^  Sir  James  Dundas, 
Feb.  15,  1664,  33  :  his  seal  on  l>ench 
declared  vacant,  32 ;  letters  of,  to 
Sir  James  Dundas  of  dates  April  19 
and  May  26,  1664,  35  ;  consenting 
party  to  son's  marriage  with  Kather- 
me  Dundas,  39 ;  driven  intoexile,  39. 

Hon.  Sir  J.,  of  Borthwick,  38. 

John,   writes  to   Dundas,    1766, 

182. 

Sir  John,  305  ;  opjx)nent  of  Sir 

G.  Clerk's,  352  ;  elected  for  Mid- 
lothian, 1832,  356. 

Colonel,  233. 

Dalwhinnie,  92. 

Dalzell,  George,  Ix>rd,  sick  of  the 
small-pox,  85. 

Darlington,  144. 

David,  287. 

Davidson,  John,  183. 

Duncan,   of  Tulloch,    M.P.    for 

Cromarty  and  Nairn,  333. 

Deadmanlees,  191. 

Deanhead  burn,  76. 

Declaration  to  be  taken  by  all  persons 
in  positions  of  public  trust,  27. 

•  Defiance,'  254. 

Delgado  Bay,  257. 

Delphi,  308. 

Dempster,  George,  of  Skibo,  292. 

Denison,  Evelyn,  344  note. 

Derby,  215. 

Deskford,  Lord,  comments  on  Sir 
John  Cope,  127. 

Devonshire,  Duke  of,  172. 

Dewar,  42. 

De  Winter,  250. 

Dick,  Sir  Alex.,  of  Prestonfield,  149, 
217. 

Dickson,  John,  88. 

Digges,  West,  159. 

'  Douglas,'  Tragedy  of,  159. 

Cause,  180;  details  of,  206. 

Duke  of,  181,  206. 

Lady  Jane,  l8i. 

Marquis  of,  206. 

Lord  W.  Keith,  337  note. 

Katherine,    wife    of    Sir    James 

Dundas,  5. 

of  Torthorwald,  5. 

old  Baronage  of  Scotland,  xxxv. 

James,  of  Stanypeth,  17. 


Dover,  Duke  of,  his  patent,  6  3. 

Dresden,  surrender  of,  281. 

Drummond,  Eliza,  254. 

Henry,  banker,  of  Charing  Cross, 

220. 

Henry,  of  Albury,  220, 

Janet,  servand,  11. 

Drumore,  garden  of  (East  Lothian), 
76. 

Duddingston  Loch,  trout  from, brought 
to  Arniston,  189. 

Dudhope.     See  Angus. 

Dudley,  Lord,  Foreign  Secretary  in 
1828,  335. 

Dumbarton,  213. 

Dunbar,  Earl  of,  xxv. 

David,  of  Baldoon,  *  Buck  law '  of 

the  Bride  of  LatHmernioof\,  39. 

Dumbreck's  Hotel,  239. 

Duncan,  Captain  Adam  (Viscount 
Duncan,  Admiral  Duncan),  189, 
249  ;  writes  to  Lord  Advocate  Dun- 
das, 1797.  250;  made  Viscount 
Duncan  of  Camperdown,  and  Baron 
Duncan  of  Lundie,  252. 

Alex.,  of  Lundie,  251  note. 

Lady  Adamina,  wife  of  Sir  John 

Dalrymple,  356. 

Lady  Mary  (Lady  Mary  Tuflon), 

writes  to  Henry  Dundas,  Oct.  1797, 
251. 

Sir  William,  M.D.,  251  note. 

Dundas  of  Beech  wood,  family  of,  xxxi., 

38. 
Dundases  of  Duddingston  and  Manor, 

y\. 

of  Dundas,  14. 

Dundas,  estate  of,  sold,  xxix. 

owners  of,  xxv. 

Castle,  xxviii.,  2,  93;    modern, 

erected,  xxix. 
Alex.,  son  of  first  Lord,  by  Janet 

Hepburn,  38. 
Anne,  marries  George  Buchan  of 

Kelloe,  I773>  187. 

Sir  Archibald,  xxvi. 

Chas.,  son  of  first  Lord,  by  Janet 

Hepburn,  38. 
Christian,    wife  of   Sir  Charles 

Erskine  of  Alva,  38. 
Sir  David  (Clerk  to  the  Signet), 

born   1803,  his  career,  xxxi.  ;   dies 

1877,  xxxiii. 
David,  son  of  Robert,  merchant 

in  Edinburgh,  born  circa  1735,  xxxii. 
Elizal>eth,  daughter  of  George,  2 ; 

marries  Sir  Patrick  Murray  of  Lang- 

schaw,  5. 
Elizal^eth  (wife  of  first  President), 

letter  of,  to  her  son,  1733,  85  ;  death 

of,  from  small-pox,  1 734,  86. 


576 


INDEX. 


Dundas,  Elizabeth  (Chief  Baron's  wife), 
219;  on  President  Blair's  death,  268. 

• General  Francis,  second   son  of 

second  President,  223,  266  note, 
284. 

George,    of    Dundas,    purchases 

Arniston — contract  of  excambion  by, 
10 ;  consenting  party  to  marriage 
of  Dundas  with  Mistress  Marion 
Boyd,  17. 

George,  served  heir  1554,  xxvii. 

George,    laird   of  Dundas  circa 

1700,  xxviii. 

George,  son   of  James  Dundas, 

sketch  of,  dies  1869,  xxxiii. 

Henrietta    (second    daughter    of 

second  President),  marries  Captain 
Adam  Duncan  (Viscount  Duncan), 
1777,  .189,  249. 

Grizzel,   marries   Adam   Colt  of 

Auldhame,  1778,  189. 

Henry  {first  Viscount  Melville), 

45,  107;  birth,  in  1742,  94;  ap- 
pointed Solicitor  -  General,  1766, 
181  ;  writes  to  his  brother  the  Lord 
President,  Sept.  1770,  183  ;  returned 
for  Midlothian  1774,  appointed  Lord 
Advocate  1775,  184;  correspon- 
dence with  the  Lord  President,  1775- 
1783,  185;  re-elected,  217  ;  writes  to 
his  brother,  second  President,  1787, 
220;  returned  for  Edinburgh,  1790, 
225 ;  writes  to  Solicitor-General 
Blair,  Nov.  1793,  238 ;  writes  to  Lord 
Advocate,  Nov.  1 793,  239 ;  to  Lord 
Advocate,  Dec.  1793,  240;  writes 
to  Mr.  Smith,  Dec.  1793,  240; 
writes  to  Lord  Braxfield  about  Muir 
and  Palmer,  241  ;  retires  with  Pitt  in 

1 80 1,  253  ;  impeachment  of,  created 
Viscount  Melville  and  Baron  Dunira, 

1802,  259  ;  resigns  1806  ;  his  acquit- 
tal, 260;  death  of,  181 1,  aged  70, 
269  ;  his  career,  269  et  seq. ;  opposes 
Lord  North  in  his  first  speech  on 
America,  270 ;  speaks  for  three 
hours  on  the  Indian  policy,  271  ; 
'  King  of  Scotland,'  272  ;  his  Jcind- 
ness,  273  ;  as  Treasurer  of  the 
Navy,  274  ;  relation  to  the  Act  of 
Union — his  character,  275. 

Henry    (Chief     Baron's    second 

son),  Vice-Admiral,  292,  305. 

Henry  (Lord  Melville's  son),  on 

Huskisson's  secession,  1828,  346  ; 
returned     for     Winchelsea,     1830, 

350- 

Hugh  de,  XXXV. 

James  de,  xxxvi. 

Sir  James,    son   of  George,    2  ; 

succeeds  George,  5  ;  details  about. 


5  ;  purchases  land,  6  ;  an  agricul- 
turist, 8  ;  contract  of  excambion  by, 
10 ;  death  of,  in  1628 — his  will — 
funeral  expenses  of — apothecary's 
bill  for,  12;  buys  the  vestry  of 
Borthwick,  1606,  299. 

Dundas,  Sir  ]2ivi\&s,first  Lord  Arniston, 
succeeds  his  father  at  age  of  eight, 
14  ;  attends  St.  Andrews  Univer- 
sity, 14;  made  an  elder,  16;  is 
knighted  by  Charles  I. — a  witness 
against  Rev.  R.  Couper,  18 ;  sits 
as  judge,  19  ;  returned  to  Parliament 
for  Midlothian,  21  ;  signs  Solemn 
League  in  1650,  21  ;  his  conduct  at 
the  Restoration,  22  ;  applies  to  be 
made  a  Lord  of  Session,  23  ;  letter 
of,  to  Lauderdale,  Dec.  16,1663,31  ; 
letter  of,  to  Lord  Chancellor,  Jan.  7, 
1664,  32;  refuses  to  sign  the  Declar- 
ation, 36 ;  retires  into  private  life 
— his  marriages,  38  ;  his  death,  39  ; 
funeral  expenses  of,  40. 

James  (son  of  second  Lord),  his 

speech  on  the  Jacobite  medal  in 
171 1,  52  ;  issued  a  pamphlet  in  sup- 
port of  his  conduct — is  prosecuted 
for  sedition,  53  ;  at  the  bar  of  the 
High  Court  of  Justiciary,  54 ; 
marries  Mary  Hope  of  Kerse,  but 
predeceases  his  father  without  issue, 
56  ;  his  Jacobite  leanings,  59. 

James,  ancestor  of  Dundases  of 

Beechwood,  38. 

John  of  Dundas,  xxxvi. 

John,  of  Manor,  his  five  sons  and 

descendants,  xxxiv.  note. 

Katherine,  wife  of  Hon.   Sir  J. 

Dalrymple  of  Borthwick,  38  ;  mar- 
ries James  Dalrymple,  Clerk  of 
Court  of  Session,  39. 

Sir   Lawrence,    founder   of    the 

Zetland  family,  dies  1781,  xxxiv. 

Lawrence  (Earl  of  Zetland),  dies 

1839,   XXXV. 

Professor   Laurence,   founder  of 

Dundas  Bursaries,  87  note. 

Margaret,  wife  of  George,  2. 

Margaret  (Miss  Peggy),  marries 

General  John  Scott  of  Balcomie, 
1773,  187. 

Mary,  wife  of  Sir  J.   Home   of 

Blackadder,  38. 

Dame  Marie,  maintains  the  rights 

of  her  son,  James,  while  a  minor,  16. 

Philip,  350. 

Robert,  son  of  George,  2. 

Robert  [second  Loirl  Arniston), 

38  ;  succeeds  his  father,  Sir  James 
(1679),  40;  lives  abroad — supports 
Prince    of    Orange  —  appointed    a 


INDEX. 


377 


judge,  Nov.  1,  1689,  41 :  marries 
Margaret  Sinclair  of  Stevenson,  56; 
writes  to  his  son,  the  Lord  Advocate, 
about  retiring— his  death  in  1726, 

57. 
Dundas,  Rol)ert  {first  President)— ^on 
of  the  preceding— lK)m  1685,  advo- 
cate 1709,  58;  becomes  Solicitor- 
General  in  17 1 7,  Lord  Advocate 
1720,  and  Dean  of  Faculty  1721,  57 
— referred  to  in  Guy  Maunering — 
marries,  first,  Elizabeth  Watson  of 
Muirhouse,  1712,  59;  apiwinted 
Solicitor-General,  59  ;  opposes  the 
Treason  Law  Assimilation  Act, 
60  ;  obstructs  the  Commission  of 
Oyer  and  Terminer  for  trial  of 
rebels,  60 ;  his  opinion  preferred 
to  that  of  Lord  Advocate  Ual- 
rymple,  61  ;  his  illness  in  1720, 
63  ;  appointed  Lord  Advocate,  64  ; 
Assessor  to  the  city  of  Edinburgh, 
which  he  resigns  in  172 1,  65  ;  letter 
from,  to  Bailie  Wightman,  65  ; 
elected  for  Midlothian  without  op- 
position, 1722,  67  ;  joins  the  mal- 
content Scottish  members  in  Malt 
Tax  Riots — dismissed  from  office  in 
1725,  68  ;  advises  the  Edinburgh 
brewers  —  succeeds  to  the  family 
estates  in  1726,  71  ;  leader  of  the 
Scottish  opposition — builds  modern 
house  of  Arniston,  72  ;  the  condition 
of  his  cattle  in  1726,  73  ;  vindicates 
the  rights  of  juries  to  return  a 
general  verdict  at  the  trial  of 
Carnegie  of  Finhaven,  78  ;  letters 
from,  to  his  son  at  Utrecht, 
in  I733»  80  et  seq.  ;  letter  of,  to 
Lord  Bargany  in  1734,  81;  letter 
from,  to  his  wife,  83  ;  seconds 
Lord  Polwarth,  84  ;  strange  opinion 
of,  regarding  the  Lords,  84  ;  as  a 
debater,  85  ;  letters  of,  to  his  son 
at  Utrecht  regarding  smallpox,  etc., 
l733-34»  85,  III;  loses  his  first  wife, 
85  et  seq.  ;  marries,  second,  Anne 
Gordon  of  Invergordon,  87  ;  letter 
to  his  wife,  1736,  88;  takes  his  seat 
on  the  l)ench  as  Lord  Arniston, 
June  10,  1737,  90;  letter  to  his 
son  Robert,  1737 — meets  with  an 
accident,  91  ;  letters  from,  to  his 
wife,  dated  Castle  Leod,  Rossdhu 
and  Shien,  1740-43,  93  et  seq.  ;  goes 
to  Rossdhu.  94  ;  goes  •  to  Shien, 
95  ;  a  candidate  for  the  President's 
chair — writes  to  Lord  Chancellor, 
Dec.  1747,  99  ;  appointed  President, 
103  ;  death  of,  in  1753— at  the 
Mansion  House  of  Abbeyhill,  IC9. 


Dundas,  Robert  (secotui  President)^ 
l)orn  in  1713,  July  i8th — his  school 
and  college  fife,  ill;  studies  at 
Utrecht,  80  ;  promses  visiting  the 
armies  on  the  Rhine,  112;  passes 
advocate  (1738) — in  1741  marries, 
first,  Henrietta  Carmichacl  of  Bon- 
nington,  1 14 ;  ap]K)inted  Soli- 
citor-Cicncral  in  1742,  99,  115; 
accompanies  Sir  J.  Cope  from  Dun- 
bar to  Preston  pans,  1745,  131  ; 
remains  at  Berwick,  134;  letter 
from  his  father,  Jan.  1746,  139  ; 
resigns  office  of  Solicitor-General, 
140  ;  suffers  from  gout — resolves  to 
retire,  144  ;  declines  to  offer  himself 
for  Lanarkshire  in  1750,  145  ;  writes 
to  the  Hon.  Charles  Hope  Weir, 
March  1750,  146  et  seq.  ;  returned 
for  Midlothian,  April  1754 — Lord 
Advocate  in  August  —  re-elected 
Dec,  150;  marries,  second,  Jean 
Grant  of  Prestongrange  (1756),  160  ; 
appointed  Lord  President,  March 
1760,  162  ;  autobiographical  sketch 
of,  166  et  seq.  ;  writes  to  Lord 
George  Beauclerk,  178 ;  gives 
his  casting  vote  against  claimant 
in  Douglas  Cause,  18 1  ;  his 
children,  186;  purchases  Shank  in 
I753>  189 ;  writes  to  the  Royal 
Dragoons,  Dalkeith,  192 ;  proposes 
a  rotation  of  crops  at  Arniston,  194  ; 
dies  Dec.  13th,  1787,  197  ;  funeral 
of,  198  ;  remarks  on,  199  ;  his  pre- 
eminence as  a  judge,  200  ;  his  final 
judgment  in  Douglas  Cause,  1767, 
207. 

Mrs.  (Henrietta   Bailie),    writes 

to  her  husband,  May  1744,  123 ; 
death  of,  1755,  152. 

Robert  (Lord  Chief  Baron — son 

of  second  President),  lx)rn  1758, 
214  ;  visits  England  1772 — called 
to  the  bar  1779,  215;  appointed 
Solicitor-General  1784,  216  ;  his 
fees — appointed  Lord  Advocate  in 
1790,  217  ;  falls  in  love  with  his 
cousin  Elizabeth — his  stature,  219; 
Lord  Advocate,  1789,  221  ;  at  I^xrh 
Ericht,  222  ;  writes  to  Mrs.  Dundas, 
223  ;  returned  for  Midlothian  1 790, 
225  ;  a  follower  of  Pitt  in  1790,  225  ; 
writes  to  Secretary  Dundas  (Oct. 
1739),  237,  (Dec.  1793),  242  et  seq.\ 
again  returned  for  Midlothian,  June 
1796,  246;  attacked  by  mob,  1792, 
231  ;  election  dinner,  Oct.  1799, 
247  ;  on  the  victory  at  Camperdown, 
1797,249;  becomes  Lord  Chief  Baron 
1804, 252 ;  visits  Lisbon  and  Madeira 


878 


INDEX. 


1804-5,  254 ;  returns  from  his 
voyage,  257  ;  writes  to  his  wife,  June 
1806,  on  Lord  Melville's  acquittal, 
261  ;  travels  for  health  on  the 
Continent,  181 7, — his  companions, 
284  ;  winters  in  Italy,  181 7,  289  ; 
death  of,  June  17,  1819,  292;  pos- 
sessor of  Arniston  from  1787  to  1 81 9, 
294  :  improvements  made  by  him  at 
Arniston,  296  ;  his  account  of  the 
improvements,  74  ;  his  description 
of  improvements  made  there  from 
1753  to  1776,  190. 

Dundas,  Robert  (Chief  Baron's  eldest 
son),  born  in  1797 — education,  etc., 
301  ;  on  the  grouse  shootings,  303  ; 
writes  to  his  brother  Henry,  Feb. 
181 5,  305  ;  writes  to  his  mother 
from  Greece,  18 18,  306  ;  in  Constan- 
tinople in  1818,  307  ;  at  Vienna, 
308 ;  Captain  of  Dalkeith  Yeo- 
manry, 311;  marries  Lilias  Durham 
Calderwood,  314;  becomes  Advocate- 
Depute  1822,  314;  writes  to  Lord 
Melville,  June  1826,  327  ;  hesitates 
to  stand  for  the  county,  340 ; 
determines  to  retire,  358  ;  death  of, 
June  8th,  1838,  366. 

Mrs.,     succeeds     to    estates    of 

her  family  1838 — death  of,  in  Italy 
1883,  366. 

Robert,      succeeds     his      father 

Robert,  1838,-368. 

Robert  Adam,    M.P.,   writes  to 

Robert  Dundas,  May  1827,  332  ;  on 
Sir  George  Clerk's  return  for  Mid- 
lothian, 342  ;  writes  to  Robert 
Dundas,  June  1828,  347  ;  returned 
for  Ipswich,  350  ;  writes  to  Robert 
Dundas,  June  1832,  352  ;  writes  to 
Robert  Dundas,  June  1832,  354  ; 
returned  for  North  Lincolnshire 
1837— sketch  of  his  career,  367. 

Robert.      See  Melville    (second 

Viscount). 

Sir  Robert,  of  Beechwood,  xxxi. 

Rev.  Robert,  of  Humbie,  xxxi. 

Robert,  Merchant,  xxxii. 

Sir    Thos.,   born   1741 — created 

Baron  Dundas  of  Aske — dies,  1820, 

XXXV. 

Thomas   (son  of  second  Lord), 

Sheriff  of  Galloway,  writes  to  his 
grand-nephew  1781,  215. 

Sir  Thomas,  232. 

Thomas,   second   Earl   of    Zet- 
land, XXXV. 

Sir  Walter,  xxviii. 

Walter,  son  of  George,  2. 

Rt.   Hon.    William    (third    son 

of  second    President),  member  for 


Edinburgh,    248 ;   his   indiscretion, 

280  ;  again  returned  for  Edinburgh, 

1830, 350;  Lord  Clerk  Register,  367. 
Dundas,  W.   Pitt  (third  son  of  Chief 

Baron),   his    account  of  a    journey 

from   Arniston   to    England,    257 ; 

Deputy  Clerk -Register  of  Scotland, 

292  ;  death  of,  1882,  367. 
Dundee,  rioting  in,  1792,  230. 
Dundonald,  Earl  of,  attends  meeting 

at  Lord  Cobham's,  83  ;  at  the  Duke 

of  Queensberry's,  84. 
Dunfermline,  Abbot  of,  xxvi. 
Dunira,  222  ;   estate  of,  purchased   by 

Sir  R.  Dundas  of  Beechwood,  xxxi. 
Dupplin,  battle  of,  1332,  xxvi. 
Durham,  Admiral  Sir  Philip,  of  Largo 

and  Polton,  254,  366. 
Sir  W.,  of  Grange,  ievip.   Robt. 

Bruce,  366. 

Easter  Halkerston,  value  of,  8. 

East  Retford,  343. 

Edgar  Atheling,  xxiii. 

Edinburgh,  Parliament  in,  17  ; 
magistrates  of,  dine  with  Lord 
Arniston  in  1747,  47  ;  action  by 
brewers  of,  71 ;  success  of  Tragedy 
of  Douglas  in,  159  ;  influence  of 
bar  and  bench  in,  201 ;  Town-Coun- 
cil of,  chooses  the  Member,  213  ; 
riots  of  1792  in,  230  ;  Old  Parlia- 
ment House  of,  297. 

Edinburgh  Advertiser  on  the  elections 
of  the  Dundases  in  1790,  225. 

Gazette,  233 ;  threat  in,  by  the 

Dean  of  Faculty,  53. 

Gazetteer,  247. 

Herald  on  Dundas's  election  for 

Midlothian,  June  1796,  246. 

Weekly  Journal,  Malachi  Mala- 

growther  writes  to,  315. 

Eglinton,  Lord,  xxvi. 

Elchies,  Lord  (Patrick  Grant),  103. 

Eld  on.  Lord,  retires,  330. 

Elgin,  Earl  of,  350,  367  note. 

Eliot,  Lord,  344  w^/^. 

EUiock,  votes  in  the  Douglas  Cause, 

209  note. 
Elliot,    Sir    Gilbert,    of    Minto,   his 

death,  60. 
Elphinston,  Lord,  attends  meeting  at 

Lord  Cobham's,  83. 
Elphinston,  John,  son  of  Nicol,  3. 

Nicol,  of  the  Shank,  3. 

'  Engagement '  for  relief  of  Charles  i., 

21. 
England  in  1795,  244. 
Entail  Act,  1685,  203. 
Enzer,  Joseph,  76. 
Epithalamium  on  marriage  of  Robert 


INDEX. 


379 


Dune! as  and  Henrietta  Carmichael 
of  IJonnington,  115. 

Ericht,  Loch,  222. 

I'rskine,  Sir  Charles  of  Alva,  38,  105 
note. 

Charles,  of  Tinwald,  a  candidate 

for  the  President's  Chair,  99 ;  a 
friend  of  the  Duke  of  Argyll's,  loi ; 
appointed  Lord  Justice-Clerk,  103  ; 
fails  to  secure  the  President's  Chair, 
162. 

Henry  (Dean  of  Faculty),  writes 

to  Robert  Dundas  on  the  death  of 
the  President,  in  1787,  197  ;  agi- 
tates for  Burgh  reform,  229  ;  op- 
posed by  Dundas  in  the  election  of 
a  Dean  for  1796,  245. 

James,  of  Grange,  82. 

Thomas,  Lord  Chancellor,  229. 

Esk,  3. 

Esperston,  5,  42 ;  improvements  on,  9 ; 
hill,  10  ;  jointure  of  Mistress  Marion 
Boyd,  17  ;  hamlet  of,  43. 

Essonne,  290. 

Ethelred,  King,  xxiii. 

Excise  Scheme,  withdrawal  of,  79. 


Faculty   of  Advocates  presented 

with  a  Jacobite  medal,  52. 
Fair  ford,  Alan,  205. 
Falkirk,  96. 
Falkland,  92. 
Ferguson   of  Pitfour,    204 ;    member 

for  Aberdeenshire,  219. 
Fergusson,  Colonel,  his  Life  of  Henry 

Erskine,  245  note. 
Ferrol,  254. 
Findlater,  Earl  of,  relation  to  Dundas, 

168  ;  fees  Dundas,  217. 
Fitzharris,  Lord,  on  Pitt's  death,  260. 
Fitzwilliam,  Earl  of,  xxxv. 
Fleming,  Admiral  The    Hon.    Chas. 

Elphinstone,  254,  255. 
Flanders,  Dundas  and  Lord  Bargany 

tour  through,  113. 
Fletcher,  Andrew  (Lord  Milton),  119, 

149  ;   Lord    Justice  -  Clerk,    thrust 

aside,  145  ;  receives  the  Signet  for 

life,  103 ;  is  narrowly  watched,  156 ; 

supports   Home,    159  ;    dies    Dec. 

1766,  179. 
Archibald,  Advocate,  on  Burgh 

Reform,  1790,  227,  note. 

Henry,  of  Saltoun,  105  note. 

Florence,  310. 

Forbes,  Duncan,  of  Culloden,  succeeds 

Dundas    as    Lord    Advocate,    70 ; 

appointed  President,  1737,  90;  dies 

Dec.  loth,  1747,  99  ;  compared  with 

Dundas,  his  successor,   109 ;  writes 


to  Dundas,  Solicitor-General,  in 
1742,  1 16  ;  writes  to  Dundas  on  his 
resignation  of  Solicitor  •  General 
in  Tan.  1746,  141  ;  his  relation 
to  Dundas,  168. 

Sir  John,  353. 

I'eter,  328. 

Forfeited  Estates  Act,  67. 

Fort- Augustus,  Governor  of,  153. 

Fountainhall,  Lord,  170. 

Fox,  Charles,  229  ;  plagued  by  Henrv 
Dundas,  215  ;  on  Muirand  i'almers 
trials,  244 ;  suspicion  of,  aroused 
against  Dundas,  274. 

France,  war  with,  123;  Douglas  Cause 
in,  207  ;  termination  of  war  with, 
181S,  283. 

Frankfort,  287. 

Erasers  attnck  Culloden  House,  135. 

Frederick  the  Great,  118. 

Freeman,  quoted,  xxiii. 

Rev.     Dr.     W.,     of    Hammels, 

Herts,  161  ttote. 

French  war,  117. 

Fullarton  Burn,  303. 

Funchal  Bay,  255. 

Fushie  Bridge,  304. 


Galloway,  Alexander,  servand, 
II. 

Garden,  Francis  (Lord  Gardenstoune), 
opposes  Wedderburn  before  the  Par- 
liament of  Paris,  204 ;  votes  in 
Douglas  Cause,  209  note. 

Garlics,  Lord,  death  of  his  son  from 
small-pox,  85. 

Garrick,  159. 

Gat  ton,  350  note. 

Genappes,  287. 

General  Assembly  attended  by  Dun- 
das in  1837  and  1838,  365. 

George  li.  dies  Oct.  25,  1760,  169. 

in.,  birthday  1792,  230;  mobbed 

and  insulted,  245. 

Gerard,  xxv. 

Gerrald,  Joseph,  241. 

Ghent,  286. 

Gibbon,  David  M.,  328. 

Gibson,  J  as.,  340. 

Gilchrist,  W.,  328. 

Gilmour,  Sir  Alex.,  172. 

Sir  Charles,  of  Craigmillar,  M.P. 

for  Midlothian,  writes  to  Lord 
Arniston,  Dec.  1747,  loi. 

Sir  John,  of  Craigmillar,    Lord 

President,  23. 

(Glasgow,  312  note  ;  Malt  Tax  riot  in, 
71  ;  only  partially  represented,  213  ; 
potatoes  taxed  in,  227  ;  University 
of,  362. 


380 


INDEX. 


Glencairn,  William,  Earl  of,  becomes 
Lord  High  Chancellor,  23. 

Glengarry  men,  94  ;  insolence  of,  153. 

'  Glory,'  254. 

Goat-Whey  cure,  93. 

Goderich,  Lord,  succeeds  Canning  as 
Premier,  334. 

Goldie,  Rev.  Jas.,  writes  to  Robert 
Dundas,  March  1837,  365. 

Goolburn,  Chancellor  of  the  Exche- 
quer, 1828,  335. 

Gordon,  George,  first  Duke  of,  52. 

Duke  of,  fees  Dundas,  417. 

Duchess    of,    offers    a    Jacobite 

medal  to  Faculty  of  Advocates,  52  ; 
in  the  Heart  of  Midlothiany  56. 

Capt.,  291. 

Sir  John,  102. 

Lewis,  135. 

Sir    William,    of    Invergordon, 

Bart.,  87,  93  «^/<? ;  father-in-law  of 
first  President  Dundas,  83  note. 

Gore,  3. 

Gospatric,  son  of  Maldred,  xxiii. 

Gouda,  286. 

Gower,  Lord,  at  the  Duke  of  Queens- 
berry's,  84  ;  lesigns  the  Privy  Seal, 
142. 

Graeme,  Robert,  305. 

Grafton,  Duke  of,  174,  270. 

Grammont,  Due  de,  263  note  ;  writes 
to  Mrs.  Dundas,  1813,  282. 

Granby,  Lord,  174. 

Grant,  Chas.,  344  note  ;  President  of 
the  Board  of  Trade,  1828,  335. 

Patrick,    of    Elchies,    dies   July 

1754,  150- 

William  (Lord  Adv. ),  of  Preston- 
grange,  a  candidate  for  President's 
Chair,  99  ;  succeeds  Craigie  as  Lord 
Advocate,  143 ;  succeeds  Patrick 
Grant  of  Elchies  on  the  bench,  1754, 
as  Lord  Prestongrange,  150,  160  ; 
descendants  of,  163  note. 

Granville,  Lord.     See  Carteret. 

Greendale  Oak,  in  Welbeck  Park, 
Notts,  48,  258. 

Greenock  not  represented,  213. 

Grenville  dismissed,  1765,  176. 

Grey,  Earl,  229 ;  government  of, 
.361. 

Grotto,  the,  at  Arniston,  44. 

Guerin,  Marie,  207. 

Guthrie,  John,  328. 


Hadden,     Katharene,      servand, 

II. 
Haddington,  Earl  of,  xxviii. 
Hagley,  258. 
Haig,  Katharene,  servand,  11. 


Hailes,  Lord.     See  Dalrymple. 

Haldane,  Patrick,  succeeds  Dundas  as 
Solicitor-General  in  1746,  143. 

Professor  Robert,  visits  Water- 
loo, 283  ;  travels  with  Dundas,  284  ; 
289. 

Halkerston,  5,  17. 

Hall,  Robert,  town-councillor,  328. 

Hamilton,  first  Duke  of,  leads  Presby- 
terians, 1646,  21. 

fifth  Duke  of,  at  Lord  Cobham's, 

1735*  83  ;  at  the  Duke  of  Queens- 
berry's,  84. 

seventh  Duke  of,  181. 

Duchess  of,  180. 

of  Aikenhead,  148. 

Capt.  Sir  Charles,  254. 

Dame  Christian,  Lady  Boyd,  1 7. 

Sir  J.,  death  of,  145. 

John,  apothecary,  13. 

Sir  Patrick,  of  Prestoun,  17. 

Col.,  of  Pencaitland,  261  note. 

Hampton  Court,  24. 

Handasyd,  General,  at  Haddington, 
136. 

Hanwell,  301. 

Harcourt,  Due  de,  writes  to  Chief 
Baron  Dundas,  18 13,  282. 

Hardwicke,  Lord  (Lord  Chancellor), 
99  note',  writes  to  Dundas,  1747, 
100 ;  writes  to  congratulate  Lord 
Arniston  on  the  Presidentship,  1 748, 
106  ;  writes  to  Dundas,  June  1755, 
156;  letters  of,  to  Lord  Advocate, 
161  ;  congratulates  Lord  President 
Dundas,  June  1760,  163  ;  on  the 
Militia,  165  ;  on  king's  death  in 
1760,  169  ;  correspondence  with 
Dundas,  June  1763,  174  et  seq. ;  his 
measure  for  abolishing  Heritable 
Jurisdictions,  202. 

Harrington,  Earl  of,  succeeds  Lord 
Granville  (Carteret),  Nov.  1744, 
124  ;  resigns  the  Seals,  142. 

Harrowby,  Lord,  in  the  Canning 
Ministry,  1827,  330. 

Hart  of  Glasgow,  a  president  of  the 
Convention,  242. 

Harvieston,  44. 

Haughead,  44. 

Hay,    Sir   Adam,   M.P.   for   Selkirk, 

339. 

Dr.  D.,  328. 

John,  34. 

Thomas,  of  Huntington,  Keeper 

of  the  Signet,  entertains  Dundas  and 

Craigie,  131. 
Helias,  son  of  Huctred,  xxiv.,  xxv. 
Henderson,  Alexander,  328. 
Hepburn,    Sir    Adam,     of    Humbie, 

38. 


INDEX. 


381 


Hepburn  of  Clerkington,  221,  304. 

Janet,  second  wife  of  first  Lord 

Arniston,  38. 

John,  servand,  11. 

Heriot  Water,  42. 

Heritable  Jurisdiction  abolished,  201. 

Hermanstadt,  309. 

Herries,  Col.,  291. 

Chancellor  of  the  Exchequer  re- 
signs, 334. 

Hewit,  Helen,  206. 

High  Court  of  Justiciary,  James  Dun- 
das  brought  to  bar  of,  54 ;  Provost 
of  Glasgow  arraigned  before,  71. 

Highland  Railway,  225. 

Highlanders,  Acts  for  disarming, 
203. 

Hinde's  History  of  Northumberland y 
xxiii.  note. 

Holland  visited  by  second  Lord 
Arniston  in  1688,  45  ;  Chief- Baron 
Dundas's  tour  in  18 17,  285. 

Holmes,  W.,  M.P.,  347  note. 

Holyrood  Palace,  regiment  stationed 
at,  82  ;  royal  forces  at,  84 ;  where 
the  Comte  d'Artois  resided,  283. 

Home,  Alexander,  succeeds  Dundas  as 
Solicitor- General  in  1746,  143. 

Sir   David,  of  Wedderburn,  5  ; 

consenting    party    to    marriage    of 
Dundas  with  Marion  Boyd,  17. 

George,  of  Wedderburn,  14. 

John,  of  Biacadder,  14,  17. 

Rev.  John,  159. 

Mary,  wife  of  Sir  James  Dundas, 

5  ;  her  jointure  and  fortune,  5. 

Marie,  daughter  of  George  Home 

of  Wedderburn,  manages  estate  of 
Arniston,  14. 

Dame   Mary    (Lady    Arniston), 

17  ;  her  death  in  1661,  22. 

Hope,  Sir  Alexander,  of  Kerse,  56. 

Sir  Archibald,  192. 

Right  Hon.  Charles,  277  note. 

•  Sir  John,  305,  342. 

John,     Solicitor-General,      314, 

327,  337  note. 

of  Craigiehall   on  the   rising  of 

I74S»  127. 

— . —  Sir  Thomas,  of  Kerse,  Lord 
Advocate  in  time  of  Charles  i.,  314; 
appointed  Justice-General,  18. 

Hopetoun,  xxix. 

Hopetoun,  Earl  of,  146,  177,  342  ; 
advises  Dundas  to  marry  again, 
160 ;  writes  to  Chief  Baron,  June 
1806,  262. 

House,  where  Mrs.  Dundas  visits, 

123  note. 

Horn  of  Westhall  represents  the 
Faculty,  53. 


Hospitallers  obtain  Ballintrodo,  i. 
House  of   Commons,    attendance  of 
Scottish  memlK'rs,  67. 

of    Lords,    pro|)osal    by,    thai 

the  Scottish  Peers  Ihj  chosen  by 
Imllot,  82  ;  reverse  decision  of  Court 
of  Session  in  Douglas  cause,  iSl  ; 
preser\ation  of,  advocated  by  Sir 
koliert  Peel,  363. 

Houston,  262. 

Howburn,  10. 

balance-sheet   for  crop  of  1699, 

50,  51  note. 

Hughes,  Dr.,  299. 

Hugomont,  283. 

Hume,  Sir  Alex.,  helps  his  cousin. 
Sir  James  Dundas,  23  note ;  letter 
to  Sir  James  Dundas,  dated  17th 
May  1662,  24;  letter,  dated  Nov. 
4th,  1662,  25  ;  letter  of,  to  Sir 
James  Dundas  bearing  date  Nov. 
3d,  1663,  27  et  seq.  ;  letter  of,  to 
Sir  James  Dundas,  Dec.  8th,  1663, 
29  ;  letter  of,  to  Sir  James  Dundas, 
April  18,  1664,  34;  letter  of,  to 
ditto,  June  23,  1664,  also  Aug.  9, 
36 ;  letter  to  Sir  James  Dundas, 
July  4,  1665,  38. 

Baron,  on  Sir  Thomas  Miller  of 

Glenlee,  204. 

David,    appointed     keeper     of 

Advocates'  Library,  1752,  156; 
letter  of,  to  Dundas,  Nov.  1754, 
\<iT  etseq.  ;  213. 

Hunter's  Park,  190. 

Huntly  Castle,  135. 

Huskisson,  266,  334 ;  in  the  Canning 
Ministry,  1827,  330;  on  the  East 
Retford  Election,  344. 

Hyndford,  Lord,  friendship  with  Dun- 
das. 168. 


I  LAY,  Lord,  letter  of,  to  Secretary  of 
State,  53 ;  manages  the  affairs  of 
Scotland,  79 ;  his  administration 
condemned — adviser  to  the  Scottish 
Peers,  80;  impeached,  84;  his  in- 
fluence, 89  ;  letter  from,  to  Dundas, 
1737,  90. 

'Illustrious,'  voyage  in  the,  254. 

Inchgarvie,  xxiii.,  xxix. 

India  Board,  acceptance  of,  by  Lord 
Melville,  338. 

Inglis,  Sir  John,  of  Cramond,  Bart., 
246. 

Innerleithen,  42. 

Inver,  92. 

Inveresk,  369. 

Invergordon,  92,  9j. 

Inverness,  Lord  Amiston's  journey  to, 


382 


INDEX. 


92;  Sir  John  Cope  at,   128;  Con- 
servatives victorious,  1837,  364. 

Jackson,  James,  smith,  11. 

Jacobins,  353. 

Jacobite  attempt,  fear  of,  117. 

Jacobite  Medal,  52  et  seq. 

James  ir.,  xxvi.,  230. 

III.,  xxvi. 

IV.,  xxvii. 

VI.,  xxviii ;  knights  James  Dun- 
das,  5. 

VIII.,  Medal  of,  52. 

Jeffrey,  Lord  Advocate,  350  ;  elected 
for  Edinburgh,  1832,  355. 

Jenner's  discovery,  85. 

John  of  Gragin,  xxv. 

Johnston  of  Warriston,  21  ;  knighted. 

Judges  prevented  from  becoming 
members  of  Parliament,  83. 

Kames,  Lord,  his  Sketches  of  the 
History  of  Man,  49  ;  character  of, 
204  ;  votes  in  Douglas  Cause,  209 
note. 

Keith,  215. 

Kennet,  Lord,  votes  in  the  Douglas 
Cause,  209  note. 

Kent,  Duke  of,  his  intimacy  with  the 
Earl  of  Zetland,  xxxv. 

Kepock,  92. 

Ker,  Thomas,  drinks  with  a  minister, 
18. 

Kerr,  Lord  R.,  304. 

Killin,  223. 

Kilmarnock  Burghs  return  a  Con- 
servative in  1837,  364. 

Kincardine,  Earl  of,  attends  Lord 
Cobham's  meeting,  83. 

'King's  List,' 63. 

King's  list  of  peers,  82. 

Kinghom,  92, 

KinnouU,  Earl  o",  45  ;  his  patent,  63  ; 
fees  Dundas,  217. 

Knights  Templars  in  Scotland,  i. 

of  St.  John  obtain  Ballintrodo,  i. 

Knock  of  Kincardine,  121. 

Knox,  W.,  18. 

La  Fontaine,  157. 

Laggan,    Loch,    hunting    match    on, 

^53- 

Lanarkshire,  Dundas's  connection  with, 
in  1750,  145. 

Lansdowne,  Lord,  adheres  to  Mr. 
Canning,  330. 

Lamb,  William  (afterwards  Lord  Mel- 
bourne), 249  ;  goes  out  of  office,  344. 

Lamington,  114. 


Lanark,    Conservative  victory,    1837, 

364. 
Largschaw,  teinds  of,  6. 
Lauderdale,  Earl  of,  leads  Presby- 
terians, 21  ;  23,  24,  28 ;  letter 
from,  to  Sir  Jas.  Dundas,  Dec.  8, 
'663,  30  ;  31  note',  of  service  to 
Dundas,  38. 

Lord,  in  1792,  229. 

Le  Brun,  Madame,  206. 
Legate,  Robert,  328. 
Leighton.     See  Lichton. 
Leipzig,  battle  of,  281. 
Leishman,  James,  councillor,  328. 
Leith,  92. 

Lewis  Frankland,  344  note. 
Leyden,  285. 

Lichton,    Robert  (Archbishop  Leigh- 
ton),  20,  27. 
Linlithgow,  96. 
Lintz,  288. 

Lisbon,  visited  by  Chief  Baron  Dun- 
das, 255. 
Lismore,  154. 
Little  Johnsschott,  5,  10, 
Livadia,  308. 
Liverpool,  Lord,  seized  with  apoplexy 

1827,  329. 
Loanhead,  295. 
Lockhart,  Sir  C,  312. 

of  Covington,  204. 

George,  of  Carnwath,  55  ;  re- 
frains from  opposing  Dundas  as 
member  for  Midlothian,  67. 

Sir  John,  of  Castlehill,  94  note. 

John,  of  Castlehill,   147  ;   writes 

about   the   health    of    Mrs.    Baillie 
(wife  of  second  President).  1755,  151. 

Capt,  John,  engaged  to  Elizabeth 

Baillie,  their  descendants,  187  note. 
Martha  (Mrs.  Sinclair  of  Wood- 
hall),  94. 
London,  fatigue  of  journey  to,  in  172?, 
67. 

roads  between,  and  Scotland,  in 

1739,  92. 
Londonderry,  Lord,  retires,  330. 
Loretto,  290. 

Lorimer,  James,  servand,  ii. 
Lothian,  Earl  of,  10 ;  signs  covenant, 

16. 
Marquis  of,  305  ;  promotes  rail- 
way construction,  359. 
Loughborough,  Lord,  274. 
Lovat,  Simon  Lord,  92;  his  trial,  145. 
Lowthiane,  Isabel,  servand,  11. 

W.,  II. 

Luffness,  261. 
Lugton,  Midlothian,  295. 
Luke,  Adam,  328. 
Lumsden's  gate,  191. 


INDEX. 


388 


Luss,    a    resort   of    Lord    Arniston's, 

93. 
Lyndhurst,    Lord,    Lord    Chancellor, 

1828,  335. 
Lyndsay,  Lord  John,  17. 
Lyttelton,    Lord,   writes   to   Dundas, 

Aug.  1 76 1,  186. 
Lord  (Sir  (ieorge),  death  of,  in 

1773.  187. 


M^DoNEL  of  Aberarder,  153. 

of  Keppoch,  153. 

of  Tullacrombie,  153. 

Mackay,  320. 

Mackenzie,     Sir     George,    of    Rose- 

haugh,     Lord    Advocate,     *  Bloody 

Mackenzie,'  39,  189. 
Sir  George,  of  Tarl)et  (Earl  of 

Cromarty),  obtains  a   seat   on   the 

bench,  23. 
Mackenzie,  Prof.  Kenneth,  156;  writes 

to  Pulteney  1793,  234. 
M'Kinlay,  Archibald,  328. 
Mackintosh,  Sir  Jas.,  229. 
Mackintosh,  Robert,  his  journal,  134. 
M'Lellan,    Robert,    his    account    for 

larch-trees,  "j^. 
Macleod,  Col.,  M.P.,  239. 
M'Neill,  Lord  Advocate,  carries   the 

Poor  Law  Act  through  Parliament, 

1845,  368. 
Macpherson     of    Cluny     escapes     to 

France,    dies  at   Dunkirk,    1755-6, 

155  ;  222. 
Macpherson  of  Strathmashie,  1 53. 
Macqueen,  Robert  (Justice-Clerk  Brax- 

field),  204,  236. 
Madeira,  visited  by  Chief  Baron  Dun- 
das, 255. 
Mahon,    Lord,     on     the     ministerial 

revolution  of  Feb.  1746,  142. 
Maitland,  Sir  Thomas,  307. 
Malagrowther,    Malachi,    letters    of, 

315- 
Malcolm,  King,  xxiii. 
Malt-tax    Riots  of  1725,  proposal   to 

substitute  a  beer-tax,  68. 
Mamhead,  254. 
Mamhead  Cottage,  257. 
Manners,   Geo.,   of   Bloxholm    Hall, 

367. 

Mansfield,  Lord,  on  Henry  Dundas, 
1766,  182;  congratulates  Lord 
President  on  his  brother's  success. 
May  1775,  185  ;  on  the  Douglas 
Cause,  210. 

Marchmont,  Hugh,  third  Earl  of, 
dismissed  in  1733,  79,  82;  attends 
meeting  at  Lord  Cobham's,  83  ;  at 
the  Duke  of  Queensberry's,  84  ;  his 


diary,  101  ;  visits  the  Duke  of  New- 
castle, 102. 

Marchmont,  Earl  of  (fourth),  con- 
gratulates Lord  Advocate  Dundas, 
1754,  I5»- 

Pai)ers,  83,  10 1. 

Margaret,  Queen,  xxiii. 

Margarot,  241  ;  sentenced,  344. 

Marjoribanks,  355. 

Mary,  Queen,  i. 

Maxtone,  Mrs.,  of  Cultoquhey,  305. 

Mayence,  287. 

Meame,  250. 

Medmenham  Abbey,  210. 

Meggit,  Thos.,  Laird  of  Cockpen,  17. 

Melbourne,  Lord,  declines  to  form  a 
Ministry,  361  ;  Prime  Minister, 
1835,  362.     S<e  Lamb. 

Melville,  Lord  {second  Visiount)^  Presi- 
dent of  Board  of  Control,  apix)inted 
First  Lord  of  Admiralty,  281  ;  on 
the  Chief  Baron's  refusal  to  liecome 
President,  277  ;  on  the  representa- 
tion of  Midlothian,  314;  Scottish 
Manager,  314  ;  anger  of,  at  Malachi 
Malagrowther,  315  ;  on  Paper  Cur- 
rency, 316  rf  seq.  ;  on  the  election 
of  the  Provost  for  Edinburgh,  329 ; 
retires,  330 ;  President  of  Board  of 
Con'rol,  1828,  335  ;  his  position  in 
1828,  337  ;  accepts  the  India  Board, 

338  ;  at  the  Admiraltv  once  more, 

339  ;  writes  to  Robert  Dundas,  Feb. 
1828,  341  ;  Chairman  of  Committee 
on  the  Poor  law,  1843,  367  ;  death 
of,  June  10,  1 85 1,  368. 

Lady,  on  Sir  Geo.  Clerk,  342  ; 

writes  to  Robert  Dundas,  Jan.  1828 

335. 

■ Henry  (first  Lord).    .Si?^  Dundas. 

Henry  (third  Lord),  338  note. 

John  White,  of  Mount  Melville, 

xxxi. 

Castle,  273,  368. 

Memorial  presented  by  Sir  D.  Dal- 
rymple  for  release  of  Jacobite 
prisoners,  60. 

Menzies,  John,  328. 

-: of  Ferntower,  263  tioie. 

Middleton,  Lord,  23. 

Inn,  221. 

Midlothian,  first  purchase  of  land  in, 
made  by  George  Dundas  of  Dundas 
in  1 57 1,  I  ;  Turnpike  Act  for,  51  ; 
farms  of,  193;  agricultural  improve- 
ments in,  194;  electors  of,  213; 
Heritors  of,  form  an  association  for 
preserving  game,  302 ;  Coursing 
Club,   304 ;  Yeomanry  Cavalry  o^ 

3". 
Mignon,  Nicolas,  207. 


384 


INDEX. 


Militia,  for  Scotland,  165. 

Miller,  Thos.  (Lord  Glenlee),  157;  be- 
comes Lord  Advocate  1660,  162,  328. 

Miller,  Sir  Thos.,  of  Glenlee,  204; 
votes  in  the  Douglas  Cause,  209 
note ;  dies  1789,  221. 

Milne,  James,  councillor,  328, 

Milroy,  Deacon,  47. 

Milton,  Lord,  103.     See  Fletcher. 

Minto,  Lord,  260. 

Mitchell,  Sir  Andrew,  ambassador  at 
Berlin,  89  iiote  ;  a  friend  of  Lord 
Arniston's,  10 1  ;  writes  to  Robert 
Dundas,  younger.  May  1748,  105  ; 
writes  to  second  President  Dundas  in 
Aug.  1742,  115  ;  ambassador  to 
Brussels  and  Berlin,  Undersecretary 
for  Scotland,  intimacy  with  Dundas, 
118;  his  readiness  in  reply  to 
Frederick  the  Great,  1 19  ;  writes  to 
Solicitor-General  Dundas,  March 
1744,  122 ;  writes  to  Solicitor- 
General  Dundas,  Nov.  1744,  124^/ 
seq. ;  writes  to  Dundas,  Sept.  1745, 
128  et  seq.  ;  writes  to  IDundas,  Jan. 
1745-6,  \y]  et  seq. 

Robert,  town-councillor,  328. 

Rev.  W.,  of  High  Church,  Edin- 
burgh, 118. 

Mitchelson,  298. 

Moderate  Party,  159,  364. 

Monboddo,  Lord.     See  Burnett. 

Moncrieff,  Lady,  95. 

Moncrieffe,  Sir  David,  on  the  rising  of 
t745»  127. 

Sir  T. ,  of  Rapness,  127  7Wte. 

Montgomery  Entail  Act,  1770,  203. 

Montgomery,  Sir  James,  of  Stanhope, 
232 ;  becomes  Solicitor- General, 
1760,  162;  Lord  Chief  Baron,  253. 

Montrose,  trial  of,  1641,  xxviii. 

Duke  of,  139  ;  dismissed  in  1733, 

79,  82  ;  at  Lord  Cobham's,  83  ;  at 
the  Duke  of  Queensberry's,  84. 

Moray,  Lady,  264. 

Moresone,   Alex.,    of    Prestongrange, 

17. 

Morning  Chromcle,  335. 

Herald  on  Henry  Dundas,  274  ; 

reports  Sir  Robert  Peel's  address  at 
Glasgow,  Jan.  13,  1837,  363. 

Morpeth,  144. 

Morton,  Earl,  draws  Arniston  Ash- 
tree,  46. 

Mountmorris,  Earl  of  (Viscount  Va- 
lentia),  187. 

Muir,  Thomas,  of  Huntershill,  235, 
239  ;  trial  of,  241  ;  discussion  on 
trial  of,  244. 

Murehouse,  80, 

Murray,  Alex.,  councillor,  329. 


Murray,  Sir  George,  succeeds  Hus 
kisson,  346. 

Sir  Gideon,  of  Elibank,  Treasurer- 
Depute,  5. 

John,  135. 

Sir  Patrick,  of  Elibank,  14. 

Sir     Patrick,     of    Langschaw, 

marries  Elizabeth  Dundas,  5. 

Sir  Robert,  of  Craigie,  the  friend 

of  Lauderdale,  obtains  a  seat  on  the 
bench,  23. 

Mutiny  in  British  fleet  of  1797,  249. 

*  Naiad,'  voyage  in  the,  254. 

Napier,  Captain,  304. 

Nasmyth,  James,  328. 

National  Covenant,  21  ;  signed  by 
James  Dundas,  16 ;  declared  an 
unlawful  oath,  27. 

Nepean,  Sir  Evan,  233  tioley  240. 

Newbattle,  6,  295,  369. 

Newbigging,  James,  220,  246. 

Newbyres,  18 ;  jointure  of  Mistress 
Marion  Boyd,  17  ;  tower  of,  19 ; 
rent  of,  settled  on  Lord  Arniston's 
son,  114;  terms  of  lease  of,  194; 
Mains,  10. 

Newcastle,  19  ;  gibbet  at,  215. 

Duke  of,  visited  by  the  Earl  of 

Marchmont,  102  ;  writes  to  Lord 
Arniston,  May  1748,  103  ;  in  a  strait, 
124  ;  resigns  the  seals,  142  ;  becomes 
Prime  Minister,  150  ;  assures  Dun- 
das of  his  friendship,  1763,  172; 
Lord  Privy  Seal  in  the  Rockingham 
Ministry  of  1765,  177  ;  on  Douglas 
Cause,  210. 

Nezu  Scots  Magazine  on  the  Duke  of 
Wellington's     position     in      1830, 

349. 

Nisbet-Hamilton,  367. 

Nisbett,  James,  servand,  ii. 

North,  Lord,  214  ;  his  Administration 
of  1775,  184  ;  moves  a  reconciliation 
with  America,  270  ;  fall  of,  271. 

Northumberland,  Earl  of,  xxv. 

Nottingham,  215. 

Oliphant,  Lord,  xxvii.,  2. 

Alexander,  of  Kelly,  2. 

Dame  Katherine,  wife  of  George 

Dundas,  2,  369 ;  litigation  of,  3. 
Orford,  Earl  of.     See  Walpole. 
Orkney  lost,  by  Conservatives,   1837, 

364. 
Orm,  xxv. 

Ormiston  Hall,  133. 
Orr,  Mr.,  243. 
Oswald,  262. 
Outerston  Moss,  42. 


INDEX. 


385 


Outerston,  plan  of,  44  ;  hamlet  of,  43. 
Owsteane,  James,  servand,  11. 
Oxenfoord,  369  ;  Record  Office,  82. 
Oyer  and  Terminer,  Commission  of, 
in  1794,  244. 

Page  as  a  judge,  90. 

Paine,  T.,  235. 

Paisley,  312  ;  unrepresented,  213. 

Palmer,  Rev.  Thomas  Fyshe,  sen- 
tenced at  Perth,  237  ;  239,  241  ; 
discussion  on  trial  of,  244. 

Palmerston,  Secretary-at-War,  1828, 
335  ;  on  the  Cabinet  of,  1828,  343  ; 
votes  on  the  East  Retford  transfer, 

344- 

Paris,  290. 

Park  of  Halkerston,  10. 

Parliament  in  Edinburgh,  17. 

Act    of,    regardmg    Covenant, 

1663,  25  ;  meeting  of,  in  1720,  64. 

Parliamentary  Reform  (1790),  226. 

Paterson,  W.,  329. 

Patison,  W.,  328. 

Peel  retires,  330 ;  Home  Secretary 
under  the  Duke  of  Wellington,  335  ; 
his  vote  on  the  East  Retford  trans- 
fer, 343  ;  converted  to  Catholic 
Emancipation,  349  ;  recall  from 
Rome,  362  ;  elected  Lord  Rector  of 
Glasgow  University,  363. 

Peers,  election  of,  61  ;  twenty-five  to 
be  named  by  the  king,  62. 

Scottish,  to  be  chosen  by  ballot, 

82. 

Pelham,  102  ;  writes  to  Lord  Amis- 
ton,  May  1748,  lo^  ei  seq.;  becomes 
Prime  Minister,  123  ;  is  estranged 
from  Carteret,  124  ;  his  ministry  of 
1744,  125  7tote  \  resigns  the  Chan- 
cellorship, 142  ;  death  of,  in  March 

1754,  150. 
Pembroke,   Earl  of,  resigns  in  Feb. 

1746,  142. 
Penston,  114,  187. 

Perceval,  277  ;  assassination  of,  281. 
Perth,  Duke  of,  135. 
92  ;  Highlanders  approach,  127  ; 

Conservative  victory,  1837,  364. 
Piebald  Administration,  330. 
Pinkie,  369, 
Pimhall,  191. 
Pitfour,  Lord,  votes  in  Douglas  Cause, 

209  iiote. 
Pitt,  his  Administration  comes  to  an 

end,  1801,  253  ;  death  of,  in  1806, 

259  ;  supports  Lord  Melville,  260  ; 

on  Parliamentary  Reform  in  1782, 

271  ;  Prime  Minister  in  1783,  214. 
Planta,  Jos.,  M.P.  for  Hastings,  344  n. 
Plate  of  wedding  service,  1 14. 


Polwarth,  Lord,  speaks  on  the  Scot' 
tish  Peers  question,  84. 

Portal,  John,  of  Laverstoke,  Hants, 
254  tiote. 

Portland,  Duke  of,  48 ;  his  Ministry, 
265  ;  on  Mr.  Canning's  investments, 
266,  344  mtf. 

Portsmouth,  where  Queen  Catherine 
lands  in  1662,  24. 

Potsdam,  xxxii. 

Powis  House,  icx). 

Prestongrange,  Lord,  congratulates 
Lord  President  Dundas,  March 
1760,  160. 

Preston  pans,  369. 

Pretender.     Sea  Charles  (Prince). 

Primrose,  Sir  Archibald,  of  Carrington, 
author  of  Act  Rescissory y  obtains  a 
seat  on  the  bench,  23. 

Prince  Regent,  276. 

Prince  of  Wales  Island,  350  note. 

Pringle  of  Alemore,  204. 

Alex.,  of  Yair,  M.P.  for  Selkirk- 
shire, 310;  writes  to  R.  Dundas, 
1820,  311. 

David,  chirurgeon,  13. 

Sir  John,  305. 

Sir  Walter,  of  Newhall,  nomi- 
nated for  a  judgeship,  60  ;  his  death 
in  1737,  90. 

Col.,  238. 

Privy  Council,  32. 

Protestant  Succession,  Faculty  de- 
clare their  loyalty  to,  53. 

Pulteney,  meeting  at  his  house,  84 ; 
hissystem  of  managing  Scotland,  97. 

Wm.,  234. 

Purvis,  W.,  328. 

Quatre-Bras,  283. 

Queensberry,  Duke  of,  his  patent,  63  ; 
at  Lord  Cobham's,  83  ;  meeting  at 
his  house,  84  ;  139 ;  on  the  Douglas 
Cause,  180. 

Rae,  David  (Lord  Eskgrove),  at  Paris 
in  Douglas  Cause,  207. 

Sir  William,  284  ;  Lord  Advo- 
cate, 337  note;  on  the  Retford 
question,  344. 

Raebum's  picture  of  Lord  Braxfield, 
236  ;  portrait  of  Chief-Baron  Dun- 
das by,  292  ;  receipt  by,  293. 

Railroads,  construction  of,  359. 

Rannie,  Captain,  of  Melville,  iij  note. 

Janet,  217  note. 

Ramsay,  Robert  Balfour,  148. 

of  Whitehill,  M.P.  for  Mid- 
lothian, 149  note. 

Rannoch,  Loch,  and  Barracks,  222. 

Rebellion  of  1745,  123-145. 


38(j 


INDEX. 


Reform  Bill,  effect  of,  on  Scottish 
constituencies,  341 ;  passed  June  4th, 
1832,  352. 

Regency  Bill,  176. 

Register  House,  Edinburgh,  Arniston 
papers  in,  3. 

Renfrew,  Conservative  victory,   1837, 

364- 
Renwick,  James,  xxviii. 
Richmond,  Duchess  of,  289. 
Ridie,  Robert,  329. 
Robert  the  Bruce,  xxviii. 
Robert  of  Saint  Michael,  xxv. 
Robertson,  Principal,  213. 

David,  of  Loretto,  267  note. 

Robinson,  F.,  in  the  Canning  Ministry, 

1827,  330. 
Roslin,  295. 
Rothes,  28. 

Earl  of,  139. 

Rowan,  Hamilton,  237,  238. 
Rockingham,  Marquess  of,  172  ;  forms 

a  ministry    1765,    177  ;   ministry  of 

1765,  Dundas's  services  wanted  for, 

201  ;   succeeds   Lord    North,    214 ; 

death  of,  271. 
Ross,  Lord,  signs  Covenant,  16. 

General,  of  Balnagowan,  187. 

Master  James,  34. 

Admiral,    Sir    John    Lockhart. 

See  Lockhart. 
Lady  Lockhart,  of  Balnagowan, 

95  note. 

Dame  Margaret,  39. 

William,  Writer  to  the  Signet, 

34- 

Conservative  victory,  1837,  364. 

Rossdhu,  a  resort  of  Lord  Arniston's, 

93. 

Roxburghe,  Duke  of,  letter  to  Dundas, 
June  14,  1 7 17,  regarding  his  appoint- 
ment as  Solicitor-General,  59  ;  letter 
to  Dundas  regarding  the  representa- 
tive Peers,  61  ^/  seq ;  encourages 
opposition  to  Malt  Tax,  68  ;  letter 
from,  to  Dundas,  June  4,  1725,  69 ; 
letter  regarding  Dundas's  dismissal 
in  1725,  June  10,  70  ;  deprived  of 
seals  of  office,  71. 

Roxburghshire  lost  by  Conservatives 
in  1837,  364. 

Roy,  General,  his  map  of  Midlothian, 

295- 
Royal  Bank,  St.  Andrew  Square,  the 

house  of  Sir  Lawrence  Dundas,  xxxv. 
Ruddiman,     keeper     of    Advocates' 

Library,  156. 
Rullion  Green,  369. 
Russell,  Lord  John,  229. 
Russia,  operations  against,  118. 
Ruthen,  92. 


Rutherglen,  213. 

Ryder,  Home  Secretary,  279, 

Rylawknowe,  5. 

St.  Andrews,  Sir  James  Dunda 
studies  at  St.  Leonard's  College,  5. 

Sandilands,  Sir  James  (Lord  Tor- 
phichen),  obtains  a  grant  of  estates 
belonging  to  Knights  of  St.  John,  i ; 
sells  lands  of  BaUintrodo,  2. 

Sandys,  moves  the  impeachment  of  the 
Earl  of  Hay,  84. 

Sandwich,  Lord,  on  Douglas  Cause, 
210. 

Sawyers,  T.,  329. 

Scotland,  Executive  of,  consists  of 
eight  commissioners,  21 ;  proprietary 
improvements  of,  41 ;  improvements 
in  Lowlands  of,  50;  coarse  wool, 
manufacture  of,  67 ;  home-spun, 
manufactures  of,  72 ;  opposition  to 
Walpole  gains  strength  in,  79 ;  roads 
between,  and  London,  92 ;  Secretary- 
ship for,  revived  in  1 742,  96 ;  ad- 
ministration, 98 ;  heritable  juris- 
dictions in,  1 01  note  ;  Marquis  of 
Tweeddale,  Secretary  for,  118; 
legislation,  1748- 1787,  203;  burghs, 
227  ;  effect  of  French  Revolution 
on,  229  ;  state,  in  1795,  244  ;  drain- 
age, 295  ;  greyhound  owners,  305  ; 
Tory  party  in  1832,  361  ;  Poor 
Law,  367. 

Scott  of  Airfield  on  farm  produce,  360. 

Henry  Francis,  M.P.,  for  Rox- 
burghshire (Lord  Polwarth),  333. 

Gen.   John,    of    Balconie,    263 ; 

marries  Margaret  Dundas  (Miss 
Peggy),  188. 

Sir    Walter,    299 ;     his     '  Lady 

Ashton '  identified,  39  ;  on  Arniston, 
211  ;  member  of  the  Yeomanry 
Cavalry,  311  ;  on  Scotch  banking, 
315  ;  writes  to  Sir  Robert  Dundas 
on  banking,  322  et  seq. 

Scots  Magazine  on  Dundas,  second 
President,  iii  ;  on  President  Dun- 
das's funeral  in  1787,  198. 

Scotch  Militia  Bill,  163. 

Secretary  of  State  for  Scotland,  office 
of,  abolished  in  1725,  71 ;  revived 
in  1742,  96;  finally  abolished  in 
1746,  143. 

Sedan,  208. 

Selkirk,  Earl  of,  206. 

Session,  Court  of,  abolished,  21  ;  re- 
established, 23. 

Seven  years'  war,  118. 

Shank,  tenants,  4 ;  plan,  3  ;  rent,  10  ; 
barony,  purchased  by  Dundas  in 
1753  for  ^3000,  189. 


INDEX. 


38' 


Sharpe,  Archbp.  James,  murder  of,  230. 

William,  29. 

Shelburne  succeeds  Rockingham,  214. 
Shepherd,   Sir   S.,   resigns    office    of 

Chief  Baron,  348. 
Sheridan  supports  Henry  Erskine,  229; 

on  Muir  and  Pahncr's  trials,  244. 
Sheriff  Courts,  present  system  of,  be- 

gxm,  202. 
Sibbald,  Patrik,  19. 
Sidmouth,  Lord,  Home  Secretary,  292. 
Sidney,  Lord,  216. 
Sinclair,  George,  of  Woodhall,  89,  94 

Sir  John,  of  Stevenson,  17,  89. 

John,  17. 

Margaret,  wife   of  second  Lord 

Arniston,  58 ;  letter  from,  to  Mrs. 
Dundas,  64. 

Sir  Robert,  of  Stevenson,  56,  58. 

Sinking  Fund,  Walix)le's  proposal  to 
encroach  upon,  78. 

Skene,  Helen,  third  wife  of  Sir  James 
Dundas,  38. 

General,  320. 

Sir  James,  President  of  Court  of 

Session,  38. 

Skelmersdale,  Lord,  347. 

Sketches  of  the  History  of  Man^  by 
Lord  Karnes,  49. 

Skirving  sentenced,  244. 

Small-pox  at  Arniston,  85. 

Smith  of  Deanston,  drainage  by,  360. 

John,  328. 

Robert,  328. 

Smythe,  David,  of  Methven,  12^  vote. 

'  Society  of  Friends  of  the  People,'  229. 

• of  Improvers  in  Agriculture,'  72. 

Solemn  League  and  Covenant,  20 ; 
an  unlawful  oath,  27. 

Solicitor-General,  position  of,  in  Scot- 
land, 60. 

Stair,  Lord,  109 ;  establishes  a  manu- 
facture of  fine  linen,  72  ;  dismissed 
in  1733,  79  ;  dismissed,  82  ;  attends 
meeting  at  Lord  Cobham's,  83  ;  at 
the  Duke  of  Queensberry 's,  84. 

'Standard,' 335. 

Stanhope,  Lady  Hester,  258. 

Steuart,  Archibald,  181. 

Sir  John,  of  GrandtuUy,  181,  206. 

Stewart,  Donald,  suspected,  121. 

Sir  James,  of  Goodtrees,  succeeds 

Sir  D.  Dalrymple  as  Lord  Advocate, 
Dec.  26,  171 1,  53,  314;  letter  of, 
to  Secretary  of  State,  March  11, 
1 712,  54  ^/  seq.  ;  dismissal  of,  59. 

James,  Lord  Garlics'  son,  death 

of,  from  smallpox,  85. 

Stirling  of  Keir,  262. 

Stirling,  Sir  Samuel,  312. 


Stirlingshire  Yeomanry,  312. 

Stobhill  coal,  359. 

Stonefield,  Lord,  votes  in  the  Douglas 
Cause,  209  note. 

Strathmorc,  F.arl  of,  murder  of,  78. 

Strichen,  Lord,  votes  in  the  Douglas 
Cause,  209  tiotet 

Struan,  a  resort  of  Lord  Arnistcm's,  93. 

Stuart,  Patrick,  of  Torrance,  148. 

Sutherland,  Conservative  victory,  1837, 
364- 

Survey  of  Midlothian,  1793,  294. 

Suttie,  George,  304. 

Sir  George,  359. 

Sir  James  Grant,  of  Preston- 
grange  and  Balgone,  255,  304  note  ; 
promotes  railway  construction,  359, 

Sweden,  operations  against,  118. 

Tailors  Pendicle,  10. 

Tamworth  Manifesto,  362. 

Tandy,  Napper,  238. 

Tarbett  makes  the  renunciation,  33. 

Templars  in  Scotland,  i. 

'  Temple, '  parish  of,  i . 

Mill,  pheasantry  at,  303. 

Tennyson,  M.P.  for  Blechingley,  343. 

Test  Act,  39. 

Thanet,  Earl  of,  251  note. 

The  Flying  Post,  its  account  of  the 
Jacobite  medal  proceedings,  52 ; 
editor  of,  threatened,  53. 

The  Heart  of  Midlothian,  Arniston 
figures  in,  56. 

Thomson's  Braes,  190. 

Titchfield,  Lord  (Duke  of  Portland), 
263. 

Tierney  with  Mr.  Canning,  330. 

Tone,  Wolfe,  238. 

Torphichen,  Lord,  2.    6V^  Sandilands. 

Torthorwald,  Douglas  of,  5. 

Town-Council  (1826),  list  of,  328. 

Townshend,  Lord,  his  interpretation 
of  Sir  D.  Dalrymple's  conduct,  60. 

Traquair,  Lord,  Chancellor  of  Scot- 
land, 43. 

Traquair's  Bridge,  43,  91  note. 

Treason  Law  of  Scotland  abolished, 
1709,  244  note. 

Trotter  and  Co.,  247. 

Provost,  327. 

Turnbull,  Rev.  Mr.,  91. 

Turnpike  Act  for  Midlothian,  51. 

Tweeddale,  Marquis  of,  appointed 
Scottish  Secretary  in  1742,96;  on 
the  Duke  of  Argyll's  resignation, 
97;  his  influence,  118;  suspects  a 
rising  in  the  Highlands — writes  to 
Solicitor-General  Dundas,  1744, 120; 
resigns,  136;  congratulates  Lord 
Advocate  Dundas,  Aug.  1 654,  150. 


388 


INDEX. 


Union  threatened  by  the  manner  of 

electing  the  Peers,  6i. 
United  Irishmen,  237. 

Valcimara,  290. 
Valenciennes,  289. 
Vaudreuil,       Comte,       congratulates 

Chief   Baron    on    Lord    Melville's 

acquittal,  262. 
Victoria,  Queen,   first  Parliament  of, 

364  note. 

Wade,  General,  his  system  of  High- 
land roads,  92. 

on  Canning,  329. 

Wages  paid  at  Arniston,  ii. 

Waldevus,  xxiv. 

Wales,  Princess  Dowager  of,  166. 

Princess  of,  writes  to  Chief  Baron, 

258. 

Wallace,  Sir  W.,  xxv. 

Walpole,  Horace,  on  Carteret,  124  ; 
on  Charles  Yorke,  209. 

Sir  Robert,  writes  to  Lord  Advo- 
cate Dundas  regarding  his  attendance 
on  Parliament,  68 ;  letter  to  Dundas, 
June  19,  1725,  71  ;  star  begins  to 
sink  in  1733 — his  measure  regarding 
the  Sinking  Fund,  78 ;  does  not 
re-introduce  his  Excise  Scheme,  79 ; 
movement  against,  85  ;  request  from 
Dundas,  90  ;  resigns,  and  retires  to 
House  of  Lords  as  Earl  of  Orford, 
96 ;  fall  of,  115;  opposed  by 
Dundas,  212. 

Watson,  GeneralDavid,  xxii.,  154. 

Robert,  of  Muirhouse,  xxii.,  59, 

85  note. 

Elizabeth,  of  Muirhouse,  59. 

Watt,  Robert,  a  spy,  233 ;  trial  of,  244. 

Wauchope,  John,  267. 

Waugh,  John,  328. 

Wedderburn  opposed  by  Garden  of 
Gardenstoune,  204. 

Weir,  Hon.  Charles  Hope,  writes  to 
Lord  Hopetoun,  March  1750,  146. 

Welbeck  Park,  Notts,  48,  258. 

Wellington,  Duke  of,  287  ;  invites 
Chief  Baron  to  dine  with  him,  289  ; 
retires,  330;  forms  a  Cabinet,  1828, 

335- 

Duchess  of,  289. 

Wemyss,  262. 


Wentworth,  Lady  Charlotte,  xxxv 
Wester  Halkerstoun,  5  ;  value  of,  8. 
Westmoreland,  Lord,  retires,  330. 
Wharncliffe,  Lord,  337. 
Whitbread,  229  ;  accuses  Lord  Mel- 
ville, 260  ;  in  effigy,  261. 
Whitef^riars,  Church  of,  at  Queensferry, 

XXX. 

Whitehall,    Scottish   Department    at, 

119. 
Whitehouse,  6 ;  farm  of,  10. 
Whitelaw,  Lord,  90. 
Whitney,  Mrs.,  187. 
Wightman,    Bailie,    letter     from,    to 

Dundas,  Aug.  2,  1721,  65  et  seq. 
Wigtown,  Conservative  victory,  1837, 

364- 

Wilkes,  175. 

William,  the  Conqueror,  xxiii. 

IV.,  death  of,  363. 

of  Copland,  xxv. 

of  Hellebet,  xxv. 

Williamson,  Alexander,  247. 

Wilmington,  Lord,  Prime  Minister, 
96;  dies  July  1743,  123. 

Ministry,  II 5. 

Wilson,  Simeon,  18. 

Wine,  consumption  of,  at  Arniston  be- 
tween 1740  and  1749,  108. 

'  Winterton '  Indiaman,  xxix. 

Witches'  Knowe,  190. 

Wodrow,  quoted,  xxix. 

Wood,  Dr.,  327,  328. 

Woodhall,  Lord  (George  Sinclair),  89. 

Woodhouselee,  369. 

Lord,  on  Dundas's  last  illness  in 

1787,  197  ;  his  Life  of  Lord  Karnes, 
204. 

Wraxall,  on  H.   Dundas's  eloquence, 

275- 
Wright,  Robert,  328. 
Wylie,  merchant  in  Perth,  233. 
Wynn,   in    the   Canning   Ministry    of 

1827,  330. 
Wynyard,  General,  304. 

Yester,  150;  plantations  at,  49. 

York,  Duke  of,  278. 

Yorke,  Hon.  Chas.  (Lord  Morden),  152 

note  ;  Horace  Walpole  on,  209. 
Mrs.,  death  of,  161. 

Zetland,  Earl  of,  his  character,  xxxv. 


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BOOKS    ON   HISTORY  AND   ARCHAEOLOGY. 


William  P.  Skene. 
Celtic  Scotland.     A  History  of  Ancient  Alban.     By 

William  F.  Skene,  D.C.L.,  LL.D.,  Historiographer  Royal  for  Scotland, 
3  vols,  demy  8vo,  with  Maps,  45e. 

Vol.        I.      inSTOBT  AND  KTHNOLOOY.      158. 
Vol.     II.      CHURCH  AND  CULTURB.      158. 
Vol.   III.      LAND   AND   PEOPLE.       los. 

"  Fortv  vears  azo  Mr.  Skene  published  a  small  historical  work  on  the  Scottish 

ERRATA. 

P.  152, /or  Newby  read  Newbyth. 

P.  220,  line  7,  /or  Millhead  reai/  Ilillhead. 

P.  304,  line  26,  a/fer  bringing,  a(/</  together. 


Duke  of  Argyll. 
Scotland  as  It  Was  and  as  It  Is.      By  the  Duke  of 

Argyll.     2  vols,  demy  Svo.     Illustrated,  2Ss. 


Ck)NTENT8  OF  VOL.  I 

I.  Celtic  Feudalism. 
II.  The  Age  of  Charters. 
m.  The  Age  of  Covenants. 


IV,  The  Epoch  of  the  Clans. 
V.  The  Appeal   from   Chiefs    to 
Owners. 


Contents  of  Vol.  II. 
L  The  Response  to  the  Appeal.    I  IIL  The  Burst  of  Industry. 

II.  Before  the  Dawn.  |  IV.  The  Fruits  of  Mind. 

"  Infinitely  superior  as  regards  the  Highland  Land  Question  to  any  statement 
yet  made  by  the  other  side." — Scotsman. 

"  It  presents  a  series  of  strikingly  picturesque  sketches  of  the  wild  society  and 
rude  manners  of  the  olden  time." — Times. 


388 


INDEX. 


Union  threatened  by  the  manner   of 

electing  the  Peers,  6i. 
United  Irishmen,  237. 

Valcimara,  290. 
Valenciennes,  289. 
Vaudreuil,       Comte,       congratulates 

Chief   Baron    on    Lord    Melville's 

acquittal,  262. 
Victoria,  Queen,   first  Parliament  of, 

364  no^e. 

Wade,  General,  his  system  of  High- 
land roads,  92. 

on  Canning,  329. 

Wages  paid  at  Arniston,  li. 

Waldevus,  xxiv. 

Wales,  Princess  Dowager  of,  166. 

Princess  of,  writes  to  Chief  Baron, 

258. 

Wallace,  Sir  W.,  xxv. 

Walpole,  Horace,  on  Carteret,  124  ; 
on  Charles  Yorke,  209. 

Sir  Robert,  writes  to  Lord  Advo- 


Wentworth,  Lady  Charlotte,  xxxv 
Wester  Halkerstoun,  5  ;  value  of,  8. 
Westmoreland,  Lord,  retires,  330. 
Wharncliffe,  Lord,  337. 
Whitbread,  229  ;  accuses  Lord  Mel- 
ville, 260  ;  in  effigy,  261. 
Whitefriars,  Church  of,  at  Queensferry, 

XXX. 

Whitehall,    Scottish   Department    at, 

119. 
Whitehouse,  6 ;  farm  of,  10. 
Whitelaw,  Lord,  90. 
Whitney,  Mrs.,  187. 
Wightman,    Bailie,    letter     from,    to 

Dundas,  Aug.  2,  1721,  65  ei  seq. 
Wigtown,  Conservative  victory,  1837, 

364- 
Wilkes,  175. 
William,  the  Conqueror,  xxiii. 

IV.,  death  of,  363. 

of  Copland,  xxv. 

of  Hellebet,  xxv. 

Williamson,  Alexander,  247. 
Wilmington,    Lord,    Prime    Minister, 


^c  .    a; —  T..1.,  T., .. 


Watt,  Robert,  a  spy,  233 ;  trial  of,  244. 

Wauchope,  John,  267. 

Waugh,  John,  328. 

Wedderburn   opposed   by   Garden  of 

Gardenstoune,  204. 
Weir,  Hon.  Charles  Hope,  writes  to 

Lord  Hopetoun,  March  1750,  146. 
Welbeck  Park,  Notts,  48,  258. 
Wellington,    Duke   of,    287 ;    invites 

Chief  Baron  to  dine  with  him,  289  ; 

retires,  330;  forms  a  Cabinet,  1828, 

335-  ,     „ 

Duchess  of,  289. 

Wemyss,  262. 


275- 
Wright,  Robert,  328. 
Wylie,  merchant  in  Perth,  233. 
Wynn,  in    the   Canning   Ministry   of 

1827,  330. 
Wynyard,  General,  304. 

Yester,  150;  plantations  at,  49. 

York,  Duke  of,  278. 

Yorke,  Hon.  Chas.  (Lord  Morden),  152 

note  ;  Horace  Walpole  on,  209. 
Mrs.,  death  of,  161. 

Zetland,  Earl  of,  his  character,  xxxv. 


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AT  THE  EDINBURGH  UNIVERSITY  PRESS. 


BOOKS    ON   HISTORY  AND  ARCHAEOLOGY. 


William  P.  Skene. 
Celtic  Scotland.     A  History  of  Ancient  Alban.    By 

■William  F.  Skene,  D.C.L.,  LL.D.,  Historiographer  Royal  for  Scotland. 
3  vols,  demy  8vo,  with  Maps,  45s. 

Vol.       I.      HISTORY  AND   ETHNOLOOY.      15b. 
Vol.     II.      CHURCH   AND  CULTURE.       los. 
Vol.  III.      LAND   AND   PEOPLE.       ISs. 

"  Forty  years  ago  Mr.  Skene  published  a  small  historical  work  on  the  Scottish 
Highlands  which  has  ever  since  been  appealed  to  as  an  authority,  but  which  has 
long  been  out  of  print.  The  promise  of  this  youthful  effort  is  amply  fulfilled 
in  the  three  weighty  volumes  of  his  raaturer  years.  As  a  work  of  historical  research 
it  ought,  in  our  opinion,  to  take  a  very  high  rank." — Times. 

The  Four  Ancient   Books   of  Wales,  containing  the 

Cymric  Poems  attributed  to  the  Bards  of  the  Sixth  Century.     2  vols. 
8vo,  with  Maps  and  Facsimiles,  36s. 

"  Mr.  Skene's  book  will,  as  a  matter  of  course  and  necessity,  find  its  place  on 
the  tables  of  all  Celtic  antiquarians  and  scholars." — Arclucologia  Cambrenais, 


Duke  of  Argyll. 
Scotland  as  It  Was  and  as  It  Is.      By  the  Duke  of 

Argyll.     2  vols,  demy  8vo.     Illustrated,  288. 

Contents  of  Vol.  I. 
I.  Celtic  Feudalism. 


II.  The  Age  of  Charters. 
III.  The  Age  of  Covenants. 


IV.  The  Epoch  of  the  Clans. 
V.  The  Appeal   from   Chiefs    to 
Owners. 


Contents  of  Vol.  II. 
I.  The  Response  to  the  Appeal.    I  IIL  The  Burst  of  Industry. 

II.  Before  the  Dawn.  |  IV.  The  Fruits  of  Mind. 

"Infinitely  superior  as  regards  the  Highland  Land  Question  to  any  statement 
yet  made  by  the  other  side." — Scotsman. 

"  It  presents  a  series  of  strikiogly  picturesque  sketches  of  the  wild  society  and 
rude  manners  of  the  olden  time." — Times. 


U  BOOKS    ON    HISTORY   AND   ARCHAEOLOGY. 

THE  RHIND   LECTURES  IN  ARCHEOLOGY. 

Dr.  Arthur  Mitchell— for  1876  and  1878. 

The  Past  in  the  Present — What  is  Civihsation  ?     By 

Arthur    Mitchell,   C.B.,    M.D.,    LL.D.       1   vol.    demy  8vo,   with   148 
Woodcuts,  15s. 

COIS  TENTS. 

I.  The  Spindle  and  Whorl.         ]   IV.  Cave  Life. 

V.  Stone,  Bronze,  and  Iron  Ages. 
VI.  Superstitions. 


II.  Craggans  and  Querns,  etc. 
III.  Beehive  Houses,  etc. 


"  Few  more  interesting  Archteological  works  have  lately  been  published  than 
the  ten  '  Eihind  Lectures '  which  make  up  Dr.  Mitchell's  volume,  The  Past  in  the 
Present.  We  must  thank  him  heartily  for  the  manner  and  the  method  of  his  book, 
for  the  curious  and  valuable  facts  which  he  has  collected  from  personal  observation, 
and  for  the  admirable  woodcuts  which  adoru  as  well  as  illustrate  his  volume." — 
Saturday  Revieto. 

Dr.  Joseph  Anderson— for  1879  to  1882. 

Scotland    in    Early    Christian    Times.       By   Joseph 

Anderson,  LL.D.,  Keeper  of  the  National  Museum  of  the  Antiquaries  of 
Scotland.     2  vols,  demy  8vo,  profusely  Illustrated.     12s.  each  volume. 

Contents  of  Vol.  I. 
Celtic    Churches — Monasteries — Hermitages — Round     Towers— Illumin- 
ated Manuscripts— Bells — Crosiers — Reliquaries,  etc. 

Contents  of  Vol.  II. 
Celtic  Medal- Work  and  Sculptured  Monuments,  their  Art  and  Symbolism 
—Inscribed  Monuments  in  Runics  and  Oghams— Bilingual  Inscriptions,  etc. 

Scotland   in   Pagan   Times.       By   Joseph   Anderson, 

LL.D.     2  vols,  demy  8vo,  profusely  Illustrated.     128.  each  volume. 

Contents  of  Vol.  I. 
The  Iron  Age. — Viking  Burials  and  Hoards  of  Silver  and  Ornaments — 
Arms,  Dress,  etc.,  of  the  Viking  Time — Celtic  Art  of  the  Pagan  Period — 
Decorated  Mirrors — Enamelled  Armlets — Architecture  and  Contents  of  the 
Brochs — Lake-Dwellings — Earth  Houses,  etc. 

Contents  of  Vol.  II. 
Tlie  Bronze  and  Stone  Ages. — Cairn  Burial  of  the  Bronze  Age  and 
Cremation  Cemeteries — Urns  of  Bronze  Age  Types — Stone  Circles — Stone 
Settings — Gold  Ornaments — Implements  and  Weapons  of  Bronze— Cairn 
Burial  of  the  Stone  Age— Chambered  Cairns — Urns  of  Stone  Age  Types — 
Implements  and  Weapons  of  Stone. 

Sir  Samuel  Ferguson- for  1884. 
Ogham  Inscriptions  in  Ireland,  Wales,  and  Scotland. 

By  the  late  Sir  Samuel  Ferguson,  Q.C. ,  LL.D. ,  etc.    1  vol.  demy  8vo.   12s. 
*'The  antiquarian  interest  of  this  book  is  very  great." — Scotsman. 


BOOKS  ON    HISTORY  AND   AHCH/EOLOOY.  Ill 

Thomas  S.  Muir. 

Ecclesiological  Notes  on  some  of  the  Islands  of  Scot- 
land, witl)  other  Papers  relating  to  Ecclesiological  Heinains  on  the  Scot- 
tish Mainland  and  Islands.  By  ThomaR  S.  Muir,  author  of  Characlrritifia* 
of  Church  Architecture^  etc.  1  vol.  demy  8vo,  with  numerous  Hlustra- 
tions.  218. 

Dr.  Munro. 
Ancient  Scottish  Lake-Dwellint^s  or  Crannogs,  with  a 

Supplementary  Chapter  oa  Remains  of  I^ke-DwoUiugs  in  England.  By 
Robert  Munro,  M.D.,  F.S.A.  Scot.  1  vol.  demy  8vo,  profusely  Hlus- 
trated,  2 Is. 

•*  A  standard  authority  on  the  subject  of  which  it  trentH."--  Times. 
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and  instruct  them  in  the  itemsal  of  the  work." — Athenmim. 

C.  Maclagan. 
The  Hill  Forts,  Stone  Circles,  and  other  Structural 

Remains  of  Ancient  Scotland.  By  C.  Maclagan,  Lady  Associate  of  the 
Society  of  Antiquaries  of  Scotland.  With  Plans  and  Illustrations. 
Folio,  31s.  6d. 

''We  need  not  enlarge  on  the  few  inconseciuential  speculations  which  rigid 
archaeologists  may  find  in  the  present  volume.  We  desire  rather  to  commend  it  to 
their  careful  study,  fully  assured  that  not  only  they,  but  also  the  general  reader, 
will  be  edified  by  its  perusal."— .Sco^iwan. 

Sir  James  Simpson. 

Archaeological  Essays.  By  the  late  Sir  James  Simp- 
son, Bart.  Edited  by  the  late  .John  Stuart,  LL  D.  2  vols.  4to,  Illus- 
trated, 428.     A  few  copies  may  be  had  at  21s. 


Contents. 


1.  Archaeology. 

2.  Inchcolm. 

.3.  The  Cat-Stane. 

4.  Magical  Charm-Stones. 

5.  Pyramid  of  Oizeh. 


6.  Leprosy  and  Leper  Hospitals. 

7.  Greek  Medical  Vases. 

8.  Was  the  Roman  Army  provided 

with  Medical  Officers  ? 

9.  Roman  Medicine  Stamps,  etc.  etc. 


Sir  Herbert  Maxwell. 
Studies  in  the  Topography  of  Galloway,  with  a  List 

of  nearly  4000  Names  of  Places,  and  Remarks  on  their  Origin  and  Mean- 
ing.    By  Sir  Herbert  Maxwell,  Bart.,  M.P.     1  vol.  demv  8vo. 


iv  BOOKS    ON    HISTORY    AND    ARCHiEOLOGY. 

E.  W.  Robertson. 
Scotland  under  her  Early  Kings.     A  History  of  the 

Kingdom  to  the  close  of  the  13th  century.  By  E.  William  Robertson. 
2  vols,  demy  8vo,  cloth,  36s. 

Historical  Essays,  in  connection  with  the  Land  and 

the  Church,  etc.  By  E.  William  Robertson,  Author  of  "  Scotland  under 
her  Early  Kings."     1  vol.  demy  8vo,  10s.  6d. 

Gairdner  and  Spedding. 
Studies  in  English  History.     By  James  Gairdner  and 

James  Spedding.     1  vol.  demy  8vo,  12s. 

Contents.— The  Lollards— Sir  John  Falstaff— Katherine  of  Arragon's  First 
and  Second  Marriages — Case  of  Sir  Thomas  Overbury— Divine  Right  of 
Kings — Sundays,  Ancient  and  Modem. 

G.  W.  T.  Omond. 

The  Lord  Advocates  of  Scotland  from  the  close  of  the 

Fifteenth  Century  to  the  passing  of  the  Reform  Bill.  By  G.  W.  T, 
Omond,  Advocate.     2  vols,  demy  Svo,  28s. 

Arniston   Memoirs — Three    Centuries   of   a    Scottish 

House,  1571-1838.  Edited,  from  the  Family  Papers,  by  Geo.  W.  T. 
Omond,  Advocate.  I  vol.  8vo,  Illustrated  with  Etchings,  Lithographs, 
and  Woodcuts,  21s. 

Captain  Dunbar. 
Social  Life  in  Former  Days ;  chiefly  in  the  Province 

of  Moray.  Illustrated  by  Letters  and  Family  Papers.  By  E.  Dunbar 
Dunbar,  late  Captain  21st  Fusiliers.     2  vols,  demy  8vo,  198.  6d. 

James  Ferguson. 
Robert  Ferguson   ''  The  Plotter,"  by  Jas.  Ferguson, 

Advocate.  A  Biography  of  one  of  the  strangest  figures  of  English 
Politics  in  the  period  between  the  Revolution  and  the  Accession  of  the 
House  of  Hanover.     1  vol.  demy  8vo,  15s. 

Dr,  Alexander. 

Johnny  Gibb  of  Gushetneuk  in  the  Parish  of  Pyke- 

tillim,  with  Glimpses  of  Parish  Politics  about  a.d.  1843.  By  William 
Alexander,  LL.D. 

Seventh  Edition,  with  Twenty  Lithographic  Illustrations — Portraits 
and  Landscapes— by  George  Reid,  R.S.A.     Demy  8vo,  10s.  6d.  net. 

Eighth  Edition,  with  Glossary,  Ex.  Fcap.  8vo,  2s. 


HOOKS   ON   HISTOUY    AND   AUCHiKOLOGY.  ▼ 

Dr.  Alexander — Cowtinued. 

Notes  and  Sketches  of  Northern  Rin*al  Life  in  the 

Eighteenth  Century.  By  William  Alexander,  LL.D.,  Author  of 
'•  Jolinny  (Jibb  of  Oushetneuk."     Ex.  fcap.  8vo,  2b. 

Alexander  Maxwell. 
The  History  of  Old  Dundee,  narnited  out  of  the  Town 

Council  Register,  with  Additions  from  Contemporary  Annals.  IJy 
Alexander  Maxwell,  F.S.A.  Scot.  1  vol.  small  4to,  Cloth,  2U.  ;  Kox- 
burghe,  24e. 

John  Henderson. 
Notes  of  Caithness  Family    History.       By  the  late 

John  Henderson,  W.S.     1  vol.  4to,  31s.  6d. 
R.  B.  Armstrong. 
The     History     of    Liddesdale,     Eskdale,     Ewesdale, 

VVauchopedale,  and  the  Debateable  Land.  Part  I.,  from  the  Twelfth 
Century  to  1530.  By  Robert  Bruce  Armstrong.  The  edition  is  limited 
to  275  copies  demy  quarto,  and  105  copies  on  large  paper  (10  inches  by 
13),  42s.  and  84s. 

T.  Craig  Brown. 
The  History  of  Selkirkshire ;    Chronicles  of  Ettrick 

Forest.     By  T.  Craig- Brown.     2  vols,  demy  4to,  Illustrated,  £4,  10s. 

Dr.  Alexander  Laing. 

Lindores  Abbey,  and  the  Burgh  of  Newburgh  ;  Their 

History  and  Annals.  By  Alexander  Laing,  LL.D.,  F.S.A.  Scot.  1  vol. 
small  4to,  with  Index,  and  thirteen  full-page  and  ten  Woodcut  Illus- 
trations, 2 1 8. 

Dr.  WiUiam  Boss. 

Aberdour  and  Inchcolme.     Being  Historical  Notices 

of  the  Parish  and  Monastery,  in  Twelve  Lectures.  By  the  Rev.  William 
Ross,  LL.D.,  Author  of  "Burgh  Life  in  Dunfermline  in  the  Olden 
Time."     I  vol.  crown  8vo,  68. 

Prof.  Daniel  Wilson. 
Reminiscences  of  Old  Edinburgh.    By  Daniel  Wilson, 

LL.D.,  F.R.S.E.,  Professor  of  History  and  English  Literature  in  Uni- 
versity  College,  Toronto,  Author  of  "  Prehistoric  Annals  of  Scotland," 
etc.  etc.     2  vols,  poet  8vo,  15s. 


VI  BOOKS   0^    HISTOKY  AND   ARCHEOLOGY. 

Andrew  Jervise. 

Epitaphs  and  Inscriptions  from  Burial-Grounds  and 

Old  Buildings  in  the  North-East  of  Scotland.  By  the  late  Andrew 
Jervise,  F.S.A.  Scot.  With  a  Memoir  of  the  Author.  Vol.  II.  Cloth, 
small  4to,  32s.  ;  Roxburghe  Edition,  42s. 

The   History   and    Traditions   of   the    Land   of    the 

Lindsays  in  Angus  and  Mearns.  By  the  late  Andrew  Jervise,  F.S.A. 
Scot.  New  Edition,  Edited  and  Revised  by  the  Rev,  James  Gammack, 
M.A.  1  vol.  demy  8vo,  Illustrated,  14s.  ;  Large  Paper  (of  which  only 
50  were  printed),  demy  4to,  42s. 

Memorials   of  Angus  and  the   Mearns  :    an  Account 

Historical,  Antiquarian,  and  Traditionary,  of  the  Castles  and  Towns 
visited  by  Edward  i.,  and  of  the  Barons,  Clergy,  and  others  who  swore 
Fealty  to  England  in  1291-6.  By  the  late  Andrew  Jervise,  F.S.A.  Scot. 
Rewritten  and  corrected  by  the  Rev.  James  Gammack,  M.A.  Illustrated 
with  Etchings  by  W.  Hole,  A.R.S.A.  2  vols,  demy  8vo,  28s.  ;  large 
paper,  2  vols,  demy  4to,  63s . 

Bishop  Forbes. 
Kalendars  of  Scottish  Saints,  with  Personal  Notices 

of  those  of  Alba,  etc.  By  Alexander  Penrose  Forbes,  D.C.L.,  Bishop  of 
Brechin.  4to,  price  £3,  38.  A  few  copies  for  sale  on  large  paper, 
£5,  15s.  6d. 

"A  truly  valuable  contribiition  to  the  arch?eology  of  ScotlRnd."—  Guardian. 


G.  H.  Forbes. 

Missale  Drummondiense.     The  Ancient  Irish  Missal 

in  the  possession  of  the  Baroness  Willoughby  d'Eresby.  Edited  by  the 
Rev.  G.  H.  Forbes.     Half -morocco,  demy  8vo,  12s. 

James  Miln. 
Researches  and  Excavations  at   Carnac  (Morbihan), 

the  Bossenno,  and  Mont  St.  Michel  By  James  Miln.  Royal  8vo,  with 
Maps,  Plans,  and  numerous  Illustrations  in  Wood-Engraving  and 
Chromo-lithography,  42s. 

Excavations  at  Carnac  (Brittany),  a  Record  of  Archaeo- 
logical Researches  in  the  Alignments  of  Kermario,  By  James  Miln. 
Royal  8vo,  with  Maps,  Plans,  and  numerous  Illustrations  in  Wood- 
Engraving,  15s.     The  two  vols,  may  now  be  had  for  31s.  6d.  net. 


BOOKS  ON    HISTORY   AND   AKCHi^OLOGY.  Vll 

Maogibbon  and  Boss. 

The  Castellated  and  Domestic  Architecture  of  Scot- 
land, from  the  Twelfth  to  the  Eighteenth  Century.  By  David  Mocgibbon 
and  Thomaa  Roes,  Architects.  With  about  1000  Ulustrationa  of  Ground 
Plana,  Sections,  Views,  Elevations,  and  Details,  2  vols,  royal  8vo, 
42s.  each,  net. 

"  No  one  acquainted  with  the  history  of  Great  Britain  can  take  up  this  neatly- 
bound  volume  .  .  .  without  being  at  once  struck  by  its  careful  coiupleteneas  and 
extreme  archaeological  interest,  while  all  students  of  architectural  style  will  wel- 
come the  work  specially  for  its  technical  thoroughness." — liuiUiinn  Sews. 

"A  learned,  painstaking,  and  highly  important  work."— Scottish  Jieview. 

"  Will  soon  become  a  standard  authority  on  the  subject." — Scotsman. 

"  The  authors  merit  the  thauks  of  all  architectural  readers."— 5ttiW<r. 


Prof.  Baldwin-Brown. 
From  Schola  to  Cathedral.    A  Study  of  Early  Christain 

Architecture  in  its  relation  to  the  life  of  the  Church.  By  G.  Baldwin- 
Brown,  Professor  of  Fine  Art  in  the  University  of  Edinburgh.  1  vol. 
demy  8vo,  Dlustrated,  78.  Cd. 

The  book  treats  of  the  beginnings  of  Christian  Architecture,  from  the 
point  of  view  of  recent  discoveries  and  theories,  with  a  special  reference  to 
the  outward  resemblance  of  early  Christain  communities  to  other  religious 
associations  of  the  time. 


Sir  George  Dasent. 
The  Story  of  Burnt  Njal ;  or,  Life  in  Iceland  at  the 

end  of  the  Tenth  Century.  From  the  Icelandic  of  the  Njals  Saga.  By 
Sir  George  Webbe  Dasent,  D.C.L.  2  vols,  demy  8vo,  with  Maps  and 
Plans,  28s. 

Gisli   the    Outlaw.      From   the    Icelandic.      By    Sir 

George  Webbe  Dasent,  D.C.L.     1  vol.  small  4to,  with  Illustrations,  Ts.  6d. 


[ ] 

Popular    Genealogists;     or,    the    Art    of   Pedigree- 
making.    Crown  Svo,  48. 

Mark  Napier. 
'*  The   Lanox  of  Auld : "    An  Epistolaiy    Review  of 

"The  Lennox,  by  William  Fraser."    By  Mark  Napier.     With  Wood- 
cuts and  Plates.     1  voL  4to,  158. 


Vlll  BOOKS   ON   HISTORY  AND   ARCHEOLOGY. 

Sir  William  Stirling-Maxwell. 
Antwerp  Delivered  in  mdlxxvii.  :    A  Passage  from 

the  History  of  the  Netherlands,  Illustrated  with  Facsimiles  of  a  rare 
series  of  Designs  by  Martin  de  Vos,  and  of  Prints  by  Hogenberg,  the 
Lierixes,  etc.  By  Sir  William  Stirling-Maxwell,  Bart.,  K.T.,  and  M.P. 
1  vol.  folio,  5  guineas. 

"  A  splendid  folio  in  richly  ornamented  binding,  protected  by  an  almost  equally 
ornamental  slip-cover.  .  .  .  Remarkable  illustrations  of  the  manner  in  which  the 
artists  of  the  time  '  pursued  their  labours  in  a  country  ravished  by  war,  and  in  cities 
ever  menaced  by  siege  and  sack.'  "Scotsman. 


Captain  St.  John. 
Notes  on  the  Natural   History  of  the   Province  of 

Moray.  By  the  late  Charles  St.  John,  Author  of  "Wild  Sports  in  the 
Highlands."  Second  Edition.  In  1  vol.  royal  8vo,  with  40  page  Illus- 
trations of  Scenery  and  Animal  Life,  engraved  by  A.  Durand  after 
sketches  made  by  George  Reid,  R.S.A.,  and  J.  Wycliffe  Taylor;  also, 
.30  Fen-and-Ink  Drawings  by  the  Author  in  Facsimile.     50s. 

"  This  is  a  new  edition  of  the  work  brought  out  by  the  friends  of  the  late  Mr. 
St.  John  in  1863 ;  but  it  is  so  handsomely  and  nobly  printed,  and  enriched  with  such 
charming  illustrations,  that  we  may  consider  it  a  new  book." — St.  James's  Gazette. 

**  Charles  St.  John  was  not  an  artist,  but  he  had  the  habit  of  roughly  sketching 
animals  in  positions  which  interested  him,  and  the  present  reprint  is  adorned  by  a 
great  number  of  these,  facsimiled  from  the  author's  original  pen  and  ink.  Some  of 
these,  as  for  instance  the  studies  of  the  golden  eagle  swooping  on  its  prey,  and  that 
of  the  otter  swimming  with  a  salmon  in  its  mouth,  are  very  interesting,  and  full  of 
that  charm  that  comes  from  the  exact  transcription  of  unusual  observation." — Pall 
Mall  Gazette. 


William  Hole. 

"  Quasi   Cursores."     Portraits   of  the    High  Officers 

and  Professors  of  the  University  of  Edinburgh,  Drawn  and  Etched  by 
William  Hole,  A.R.S.A.  The  book  is  printed  on  beautiful  hand-made 
paper  by  Messrs.  T.  &  A.  Constable.  It  contains  45  Plates  (64  Portraits), 
with  Biographical  Notices  of  all  the  present  Incumbents.  The  impres- 
sion is  strictly  limited.  Quarto  Edition  (750  Copies  only  for  sale), 
£2,  10s.     Folio  Edition,  Japan  Proofs  (100  Copies  only  for  sale),  £5,  10s. 

"A  work  of  great  value  and  of  high  artistic  merit,  not  merely  in  respect  of  the 
portraits,  but  also  in  respect  of  the  typography,  the  paper,  the  binding,  and  the 
general  get-up  of  the  volume.  .  .  .  It  does  great  credit  to  the  resources  of  Edinburgh, 
both  as  a  seat  of  learning,  and  as  a  centre  of  literary  production  on  its  mechanical 
side." — Times. 


EDINBURGH :  DAVID  DOUGLAS. 


A 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROVTH) 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 

Renewed  books  are  subject  to  immediate  recall. 


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