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Full text of "Trinity College and Trinity Hospital; a historical sketch"

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1 

I 

LIBRARY I 

UNIVERSITY OF CALIFORNIA | 

RIVERSIDE 1 



TRINITY COLLEGE 

AND 

TRINITY HOSPITAL 



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TRINITY COLLEGE 

AND 

TRINITY HOSPITAL 

A Historical Sketch 



BY 

JAMES COLSTON 

AUTHOR OF "THE GUILDRY OF EDINBURGH: IS IT AN INCORPORATION?" 

"the EDINBURGH AND DISTRICT WATER SUPPLY, A HISTORICAL SKETCH"; 

"HISTORY OF THE INCORPORATED TRADES OF EDINBURGH"; 

" THE TOWN AND PORT OF LEITH, ITS HISTORICAL CONNECTION WITH EDINBURGH ' 

" HISTORY OF THE SCOTT MONUMENT," ETC., ETC. 



VOL II 



PRINTED FOR THE MAGISTRATES AND TOWN COUNCIL 

MDCCCXCVII 



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£ 3 "Tfc 



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PREFACE. 




[|HE present Volume contains all the additional matter which 
has been deemed requisite to complete the History of 
Trinity College and Trinity Hospital. 
The first part of the Volume is devoted to a description of the 
Charity as it now exists, under the conditions of the scheme adopted 
for its management by the Court of Session in 1880. That scheme 
proceeded largely upon the lines laid down by Professor Norman 
Macpherson in the Eeport which he prepared at the request of their 
Lordships of the First Division. It is a voluminous document and it 
has been reprinted in the Appendices. Containing as it does a com- 
plete and succinct history of the various mortifications gifted by pious 
citizens and others to the Charity, as well as a vast amount of useful 
information regarding the history and progress of the Hospital, at a 
time when the management of public institutions was not brought 
under the review of the community at large, in such a way as exists in 

VOL. II. V b 



VI PREFACE. 



the present clay, it may to the students of History, and specially to 
those who take a direct interest in the affairs of the Charity, serve a 
most useful purpose as a document of reference. The Reports and the 
Appendix attached thereto contain many important and interesting 
facts, which it is well that the Reader should be familiar with. 

It has been thought advisable to reprint some of the Royal 
Charters. These were originally written in mediseval Latin. A trans- 
lation in English is furnished at the foot of each page. They are copied 
from the Work prepared for the Town Council many years ago, and 
referred to in the Preface to Vol. I. Those which are now reproduced 
relate entirely to the affairs of the Hospital, after it came under 
the control and management of the Town Council through the gift 
made by the Crown to Sir Symon Prestoun, the Provost of the 
Burgh. 

It did not seem expedient to cumber the volume with the 
Pope's Bulls or other Charters which had reference only to the 
original design and object of the Royal Foundress. The com- 
paratively short-lived period of the College and Hospital's pre- 
reformation history is possibly better told in the comparatively brief 
way it has been dealt with in the first volume. 

But it is otherwise with the new and more enlarged development 
of the Charity. More especially is this the case, when it is taken into 
consideration that the moneys and endowments which, in its original 
constitution, were gifted to and became the property of the various 
Provosts, Prebendaries, Choiristers, and Beidmen, were afterwards, 



PREFACK. VI 1 



by the terms of the royal charters, made to subserve other and 
more useful ends. 

The University of Edinburgh, the Established Clergy, and the 
High School — all got their respective shares of these endowments. 
The Trinity College Funds must, therefore, be regarded as having 
contributed in no small degree to help to lay the foundations of 
polite learning and general culture for which the Modern Athens has 
been so long distinguished. The past is thus made to cooperate 
with the present as the present in due time is made to do with 
the future. 

The extracts which have been taken from the Hospital's Accounts 
are interesting chiefly as relating to the period when the Dean Park 
purchase was made, and when, according to the ultimate decision of 
the Law Courts, the funds of the Alexander Trust were declared to 
have got immixed with those of the Hospital proper. But they are 
important likewise as indicative of the care and attention which 
were bestowed on these Accounts by the respective Treasurers of 
the period. 

Lord Cockburn's graphic account of a visit paid to the Hospital 
before it was dismantled and taken down has been reprinted verbatim 
et literatim by request. That notice of the Institution emphasises the 
fact that it never was the intention of its promoters and custodiers to 
provide within its walls or otherwise, for those who were regarded as 
the "common poor," and for whom the operations of a Poor law 
system now exist. 



via PREFACE. 



The quotations from the old Scottish Acts, passed during the 
respective reigns of the Kings James illustrate the very severe punish- 
ment which befell sturdy or able-bodied beggars in those days, even 
although, for many years, a recognised system of begging was un- 
doubtedly tolerated under specified conditions in certain districts or 
parochins. The difficulties of enforcing the law seem to have led to 
other arrangements being made, wherein the public were afterwards 
charged with a weekly stent or tax, according to their ability, to 
support the deserving poor. As this provision was made at a time 
when Trinity Hospital was managed by the Town Council, this of 
itself is abundant evidence that mere poverty does not give to any 
individual a claim to be put upon the Roll of the Hospital's 
beneficiaries. It is further illustrative of the period when a Poor-rate 
was first established in Scotland, and when there was no immunity 
claimed by the Members of the College of Justice, as was afterwards 
found to exist, for a considerable number of years, although the 
point was eventually conceded. 

It is proper that I should correct one error into which I fell in 
Vol. I., wherein I stated that the original judgment in the Court of 
Session was pronounced by Lord President Inglis. In this I was 
wrong. The first decision with the opinion attached thereto, was 
pronounced by Lord President Colonsay. Some time thereafter, his 
Lordship was promoted to have a seat in the Appellate Court, in 
which case he had to follow in the wake of the decision of the House 
of Lords, reversing the judgment which he had already been a chief 



PREFACE. IX 



party to. His remarks (Vol. I. pp. 294-6) from the Appellate bench 
arc to be read in this light. 

The City of Edinburgh is singularly favoured in having several 
benevolent funds, from which ratepayers who have been unfortunate 
in business derive eleemosynary aid. We have seen that there are 
313 pensioners on the Roll of Trinity Hospital, including the Alexander 
Fund. The Merchant Company has in its gift the Gillespie Fund and 
the William Watherstone benefaction. The former gives aid to 251 
persons, chiefly at the rate of £10 per annum. The latter supplies 
95 pensioners with £12 or £10 each of yearly allowance. The 
Robert Christie Fund allocates a considerable sum in £25 a-year 
pensions, while there are also the Craigcrook Mortification, the Pape 
Fund, the Robert Marshall Fund, the Indigent Gentlewomen's Fund, 
the Old Men's Fund, besides smaller organizations, including those 
which deal with incurable cases. In addition to these, a large amount 
of benevolence is distributed among the poor at the instance of 
Christian congregations and other benevolent associations. 

It is right that those who are in the position of distributing 
charity should be well-informed as to the circumstances of those who 
are the recipients of their bounty. This remark is specially applicable 
to Church organizations. In the desire to do good, and to get the 
people of the particular district to attend their religious meetings, 
the poor people are too often taught to be many-sided in their views 
and principles. They know the precise day when the Established 
Church lady comes round, and they know the Free Church lady's 



PREFACE. 



day, and the Episcopalian lady's day : and they receive benefactions 
from each of them. The schemes adopted by them to live l)y charity 
may be liest illustrated by the fact, that when a woman who was an 
adept at the business died, three coffins were sent to her house to 
give her decent burial. 

A state of matters such as this manifests how very careful those 
entrusted with the distribution of charity should be, that their bene- 
faction is properly applied ; and, in this respect, the Governors of 
Trinity Hospital set an admirable example in the strict investigations 
which they make, from time to time, into the circumstances of the 
beneficiaries. 

A perusal of this vol-ume will convince the reader that many of 
the mortifications which have been given to the Hospital have come 
from members of the Town Council and their friends. It may be 
interesting to know that while the History of Trinity College and 
Trinity Hospital has been passing through the Press, a sum of £4000 
has been promised to be donated to the charity by members of the 
present Town Council. 

3. C. 

23 Regent Terrace, 

Edinborgh, May 1897. 



PREFACE. XI 



While this volume of the History of Trinity Hospital was pass- 
ing through the Press, Mr Colston died on the 6th June 1897. 
The writing of the latter half of the history of this ancient charit- 
able institution, in which he took so much interest, and the 
arrangements for its publication, had been to him, during the last 
months of his life, a great solace and an alleviation of many hours 
of pain. Fortunately the work was all but completed before his pen 
dropped from his hand. At his special request, the index was com- 
pleted, and the volume seen through the press by his friend, Mr W. 
M. Gilbert. It may be added, as a fact which brings the Records 
of the Hospital up to the present date, that at a meeting of the 
Town Council held on the 14th June, Bailie Sloan was elected to 
succeed Mr Colston as Convener of Trinity Hospital Committee. 
On the same occasion. Lord Provost Sir Andrew M 'Donald paid a 
suitable tribute to the memory of the deceased Convener, and the 
Town Council adopted a minute expressing their regret at the 
removal of so old and valued a public servant. 



July 1897. 




CONTENTS. 



CHAPTEE XXVII. 



Trinity Hospital Charity as it now exists — A blessing to the Community of Edin- 
burgh — The oldest of all the Edinburgh Charity Foundations — A Benefit to 
deserving Citizens who had seen better days — Number of Beneficiaries on the 
Roll at close of year 1896 — Private Gifts of Presentation — Terms of Pay- 
ment — Alexander Fund administered by a separate Trust composed of the 
Town Council and the Ministers of the old City Parish Churches — The Cliarity 
as administered now is different from the original intention of the Pious 
Foundress — Originally a "Maison Dieu," with Provost, Priests, Choiristers, 
and Beidmen, who had provision made for their income — The efiects of the 
Reformation in consequence of the changed Religious Polity — The Revenues 
fall to the Crown — The Trinity College Church and Trinity Hospital begin a 
new era — They are given over to the Town Council of Edinburgh — Sir Symon 
Prestoun of Craigmillar, Provost of the Burgh, obtains a grant of the same 
from the Lord Regent — He offers it to the Town Council, who accept and 
enter on the management — Hospital did not participate in the endowments — 
These devoted to the support of the Clergy, and to the College and the Schools 
— The Town Council received the Cliurch and the Hospital with the surround- 
ing grounds — They were granted on condition that the Town Council erected 
and maintained a Hospital for the Poor in all time coming — Sir Symon 
Prestoun's object was different from that of the Foundi-ess — The College 
Church utilised as one of the City Cliurches — Accommodation provided then, 
as now, for the Hospitallers — The Site of the buildings brought within the 
Town area, and a parish or parochin attached to the Church — The Town 
Council appeals for funds to uphold the Charity — Mr Thomas M'Calzeoun the 
first to leave a donation to help the work — Other legacies follow — A system 

VOL. II. xiii c 



XIV CONTENTS, 



of out-door Relief established when house provision not sufficient for the 
wants of the times — Tliis plan opposed but opposition found in the wrong — 
Lord Chancellor Westbury's views on the subject — Administration of charities 
may change according to circumstances — The means of necessity vary — The 
condition of the country and of society changes, and the Charity must be 
administered to secure effectually the great object of the Charity, viz., " the 
beneficiary " — His Lordship does not look upon the word " Hospital " as imply- 
ing the keeping up of a house with provision made for a staflf of officials, but 
rather as the providing of an ordinary poorhouse, and that much is " left entirely 
to the arbitrium and discretion of the superintending authority by the Founder 
of the Charity " — He favours the idea of out-door relief if greater good can be 
got in this way, but states that other circumstances may emerge in which 
another method may be preferable — Sii' Symon Prestoun's object was the 
support of the poor and sick of the Town — Not the " common poor " — These 
otherwise provided for — King James I. passed a law as to begging — Begging 
tolerated under certain circumstances — Tliis ratified by Parliament during 
reign of King James IV.— During reign of King James VI., all begging 
suppressed and punished — A weekly stent imposed on all the inhabitants, 
according to their ability to support the Poor — The Kirk Treasurer's Accounts 
— James Heriot's Charge and Discharge — Sources of Poors Eevenues — Founda- 
tion of the City Charity Workhouse — Means of Support — A Poors-rate 
imposed — Canongate Charity Workhouse provided — St Cuthbert's Charity 
Workhouse instituted — How both kept up — Eevenues inadequate and a rate 
imposed — These parishes ultimately united — Eecent legislation has constituted 
the municipal area of the City as one rating district under the control of the 
City Parish Council — Foundation of Eoyal Infirmary provides for the sick, 
and the rates provide for the ordinary Poor — Trinity Hospital pensions 
granted to a superior but very needful and deserving class, . . . 1-13 

CHAPTER XXVIII. 

The money received from the North British Eailway Company, and all interest thereon 
(after providing for the building of the Trinity College Church), to be applied 
to the enlargement and maintenance of the Charity — Eeferred to the Court of 
Session to fix a plan or scheme, and to enquire and ascertain of what the pro- 
perty of the Hospital consists, and in what manner the money received from 
the Eailway Company, and the interest thereon, have been invested, when 
said investments were made, and by whom such moneys were applied — Eemit 
by the Court of Session to Professor Norman Macpherson to report upon the 



CONTENTS. XV 



whole affairs of tlie Hospital, and as to what scheme he would recommend for 
future application and administration, having reference to the terms of the 
Charters, Grants, and Mortifications, as well as the judgments pronounced in 
the Law Courts — Power to Reporter to employ an Accountant, to hear parties 
interested and to summon havers — Report submitted — Generally approved 
of, subject to future orders of the Court — Regulations for the Administration 
of Trinity Hospital — Proposed Scheme of Distribution of the Free Income of 
the Charity — Presentation limited to Certain Names or Founders' kin on £25 
Scale^Form of Application — New Scheme allowed Beneficiaries £5 extra 
(being £25 and £15 respectively) — Basis of Application not limited to Burgess 
Class, but extended to any person who had resided for two years within the 
City, and for that period had maintained themselves by their own exertions, 
or at least without aid from any charity — A List of several of the pensioners 
in former times, with the day and year of their admission, . . . 14-24 

CHAPTER XXIX. 

Conditions of the Applicants — Number of the Applicants and Vacancies respectively — 
Usual to raise a pensioner on the lower scale to the higher — Court of Session 
ordains one-eighth of the whole to be incurable, and does not restrict the age of 
such — As a rule, one-fourth of those elected are of the incurable class — Other 
institutions exist for this class in the City — Older Members of Town Council 
used to be elected to the Trinity Hospital Committee to enjoy the Patronage — 
The number of applicants being now much increased, it is difficult to get 
Members of Council to serve — As a rule, the younger Members of Town 
Council are elected — Number of Incurables (men and women respectively) — 
The various churches to which they belong, their ages, their employment or 
that of their late husband — The General List of Applicants (men and women 
respectively) — The same information as is given regarding the incurables — The 
applicants chiefly women ; but on the incurable list, a higher proportion 
relatively of men, ......... 24-33 



CHAPTER XXX. 

The Alexander Fund Regulations — Lord President Inglis' views in regard to this 
fund different from those wliich he expressed before the Endowed Schools 
(Scotland) Commissioners in regard to the Management and Control of the 
Fettes Trust Funds — He objected on principle to benefits conferred on "persons 



XVI CONTENTS. 



PACBS 



of particular names, or born in particular localities " — The decision of the Court 
increased the number of the Alexander pensioners nearly tliree-fold, whereas the 
only claim or preference was that of name — Sum oiiginally bequeathed by Mr 
Alexander, £2270, Os. 8d.— Sum fixed by the Court of Session, £30,537, 19s. lOd. 
— Alexander Beneficiaries receive £2, 15s. 6d. higher than any of the Trinity 
Hospital Pensioners — Regulations for Managing the affairs of the Alexander 
Trust — Advertising Vacancies — Report to the Court of Session after audit 
with certain items of information — Established Clergy never complained — The 
Reporter found them out — Letter of the late Dr R. H. Stevenson to Reporter 
— Ministers of City Parish conjoined with Town Council in management — A 
Committee of five Ministers to act with a Committee of a third of the Town 
Council in the work of recommending the Beneficiaries — The Town Council 
Committee at first consisted of those members who retired from the Council 
at the November following — This Committee changed to the Trinity Hospital 
Committee who with the five senior Members of the Clergy constitute the joint 
Committee for selection — The Election made at a joint meeting of the whole 
Council and the thirteen City Ministers — No difficulty in finding applicants 
of the name of Alexander — No great necessity for advertising — Advertisement 
brings applicants from a distance — This contrary to the Rule of the Court 
where pensioners required to stay in Edinburgh, to come under the super- 
vision of the Medical Ofiicer and the Lady Visitor — Under new Constitution of 
Committee of Recommendation, the number of non-i'esident Beneficiaries is 
much decreased — Duties of Medical Officer — Duties of Lady Visitor, . . 34-45 



CHAPTER XXXI. \ 

I 

I 

Report on the Scheme by the Hospital Treasurer — Remit made by the Governors to , 
the City Chamberlain (as Treasurer of the Hospital) to Report on the Scheme 

— (1.) As to Expenses incurred and paid by Governors of Hospital in action of | 
Declarator, showing the amount to be paid by the Alexander Fund to Trinity 

Hospital — (2.) As to probable Annual Revenue of the Hospital, and Probable ; 

Expenditure for public burdens, repairs, and management, and Probable Annual ] 

Amount available for Hospital Pensioners — (3.) As to amount of Alexander ' 
Fund at 2d February and 2d August respectively, and Probable Amount 

annually available for Alexander Pensioners — The Law Expenses repayable :. 

from Alexander Fund to Hospital Fund — The Probable Annual Amount ' 

available for Hospital Pensioners (as distinguished from Alexander ones) — f 

Contrast between the Old Establishment and the New Establishment — The ] 



CONTENTS. 



xvu 



Magistrates and Town Council approve of the Chamberlain's Eeport and 
Eecommendations — List of Private Eights of Presentation, with the name of 
the original Donor and date of the Benefaction, ..... 



46-55 



CHAPTER XXXII. 

The Importunity of the Applicants — For many generations Hospital funds devoted 
to support of poor Burgesses — Such restriction not in terms of Foundation, or 
grant by Crown to Sir Symon Prestoun — Done by Eesolution of Town Council, 
whose energy and successful control had made the Hospital what it has become 
— Burgess class likely to find favour with the Town Council — Duty of Burgesses 
to "watch and ward" the City, and to pay scot and lot for all necessary civic 
expenses — Burgesses the merchant traders and tradesmen of the Town, with 
their apprentices who resided with them — Burgesses the business citizens of 
the period — This rule observed down to 1880 when the Court of Session opened 
up a wider door — A larger number of Applicants the result — Three classes of 
Burgesses — (1.) Claimants under the old Burgess Eoll, where a large fee was 
paid — This a rapidly diminishing number — The residential qualification acts 
against such — (2.) The £5 Burgess Roll — Payment of this sum was made to 
enable the individual to get his sons educated and maintained on the old 
Foundations of George Heriot's Hospital — This class of Burgess is rapidly 
dying out — (3.) Burgesses under the provisions of the M'Laren Act of 1876 
wherein citizens (male or female) who had paid burgh rates for a period of three 
successive years become Burgesses of the Town — Difiiculties arose regarding this 
Act — Opinion of Counsel taken, and was given in favour of admission to Burgess' 
rights — " Eeduced circumstances " a relative term — The two years' residence 
claim — Domestic Servants — Comparative strangers — The Lodging - House 
Qualification — Publication of names a deterrent — Most Applicants propei-ly 
Poorhouse oases — Filial duty and responsibility on the wane — The charity- 
monger, several oases of such — Necessity for periodic scrutiny and enquiry 
into the circumstances of pensioners— Peculiar claimants — The Pension purely 
personal — Was so in its first inception which implied residence — Cost of living 
always increasing — Sum of Pension to those in reduced circumstances must be 
to a class superior to those who get parochial relief — Each applicant thinks his 
or her case the most clamant — Their friends do the same — Canvassing by 
applicants and letters from friends a source of great worry to the Governors — 
Every reason and artifice resorted to by correspondents — A poetic appeal — 
Canvassing becoming a curse in the eyes of the Governors — The new Eegula- 
tions have brought this about, ....... 



56-68 



XVIU CONTENTS. 



CHAPTER XXXIII. 

Additional Benefactors— The Lennie Trust — William Lennie, Esq. of Ballochneck, 
a Teacher of English in Edinburgh — Known as " Tlie Grammarian " — Bene- 
faction left to the Town Council as such : (1.) To apply a sum of £48 per 
annum to provide four bursaries of £12 each to assist poor students in the 
University of Edinburgh, rigidly excluding Roman Catholics or Jesuits — (2.) 
To pay over one-half of the residue yearly to the Tiinity Hospital Committee 
for £10 annual pensions to poor people, excluding Burgesses and their families 
• — (3.) To pay over the other half to the Governors of Gillespie's Hospital under 
certain onerous conditions, and in the event of the latter refusing, to pay the 
same also to Trinity Hospital — Tlie Governors of Gillespie's Hospital declined 
the benefaction — Ti'inity Hospital became the ultimate gainer — The lands of 
Auchenreoch were conveyed to the Town Council for the aforesaid purposes, 
as well as a perpetual bond of £200 per annum on the estate of Ballochneck in 
Stirlingshire — This latter sum he had devoted to pensions to friends, and his 
personal trustees took charge of the same — The Trustees had no right of 
assumption — They tried to do so, but were found wrong by the Courte of Law 
— The Court laid down Regulations for the management of the Lennie Trust — 
Three Beneficiaries are still alive who were nominated by the personal trustees 
— One of those under the Ballochneck bond is still alive, who receives £40 per 
annum — Otherwise the other Beneficiaries have been appointed by the Trinity 
Hospital Governors — The Wemyss Trust — Mr Andrew Wemyss, Trunk and 
Portmanteau Manufacturer in Edinburgh — A Town Councillor, Treasurer, and 
Lord Dean of Guild of the City, respectively — Subject to liferent, and with con- 
currence of his wife, Mary Thomson or Wemyss, he by his Trust Disposition and 
Settlement, gave the fee of all his heritable and moveable estate, undei' burden 
of certain legacies to the Governors of Trinity Hospital — The parties to be 
benefited, " decayed merchants or tradesmen who had carried on business within 
the municipality of Edinburgh for at least ten years, or the widows of such " — 
Beneficiaries to be of good moral character, and aged fifty years or upwards — 
The Town Council to be judges of the number of pensions — Liferentrix to manage 
the affairs of the Trust until her death — Her death in 1891 — The Town Council 
manage the Trust affairs — There are thii'teen Pensioners on the Roll, who receive 
£15 each per annum — The Criqhton Trust — Mr James Crighton, 16 Dean 
Terrace, Edinburgh — A Town Councillor of the City of Edinburgh for many years 
— Convenor of the Trinity Hospital Committee bequeathed £5000 to the Trinity 
Hospital, free of legacy duty and other charges — The interest of the money to 
found yearly pensions of £15 each, with £5 of funeral money at the death of 



CONTENTS. XIX 



PACES 



each pensioner — Beneficiaries to be not under seventy years of age — To be 
selected from the Trinity Hospital list of Applicants, and such pensions to be 
designated "Pensions under the Crighton Trust" — Ten Beneficiaries are on 
the Roll — Smaller Donations — Mrs Elizabeth Jennings Bradford or Doig, 
wife of Ex-Councillor Doig, at her death which occurred in 1890 bequeathed 
the sum of £200 — Miss Marion Miller, 4 Melville Terrace, Edinburgh, also 
bequeathed the sum of £100 — Few benefactions have been given since the 
building of Trinity Hospital was taken down — With the exception of Lennie's 
these have been given by persons more or less connected with the Town Council 
of the City of Edinburgh, ........ 69-80 

CHAPTER XXXIV. 

Concluding Observations — Two important changes — (1.) Private Eights of Presenta- 
tions — Most of these purchased during last century — Only operative one 
during present century is Mrs Campbell's in 1812 — Others date from 1719 to 
1774 — Payment of £300 gave right to present a pensioner inmate of Burgess 
class — £350 gave right to an unrestricted Presentation — These rates continued 
from 1730 to 1797— Then raised to £350 and £400 respectively— Terms of 
Presentation frequently under the attention of Governors — Hospital Eecords 
on subject — Presentations to be advertised in newspapers, and printed on a 
board at gate of Hospital — In 1821 unrestricted Presentation was increased to 
£450 — Never taken advantage of — Payment of One Hundred pounds gave 
right to make one Presentation — This proposal not successful — Private Rights 
of Presentation given up — Letters of Theophrastus — Difierence in style of 
living in Edinburgh between 1763 and 1783 — In twenty years two millions of 
money spent in buildings alone — In 1763 jieople of quality and fashion lived 
in houses which in 1783 were tenanted by tradesmen and people in humble life 
— Several instances given — This tended to promote high prices and a higher 
style of luxury — (2.) Disposition omnium bo7iorum — Governors in the habit of 
exacting from in-door Beneficiaries, an assignation to their moveable and 
heritable estate, present and future — Treasurer of the Hospital to grant 
receipts and discharges for the same, with full power to act for the Beneficiary 
^To pay over to the Hospital what sums had been disbursed on or on account of 
the Beneficiary — Treasurer and his foresaids to account to the Granter's Heirs 
and Assignees for any balances — Treasurer to give up inventories of the same 
— Granter to give consent to having Deed registered for preservation — First 
Minute of Council regulating this matter in 1700 — Other Minutes regarding 
the same — No such Deed granted by out-door Pensioners — The Disposition 
omnium honorum not now exacted — The new Scheme entirely ignores it — 



XX CONTENTS. 



Letter of Enquiry every three years into the means of Beneficiaries is made the ] 

test of continuance on roll — Lady Visitor's opinion of the present Pensioners — \ 

Highly favourable — Cases reported to Committee as undeserving carefully i 

enquired into — Such complaints usually the result of spite and envy — The . 

respective ages of the Pensioners (male and female) according to the various ' 

decades of life — The Annual Revenues of the Hospital — (1.) From Feu-Duties, < 

Rents, Casualties, etc. — (2.) From Interest on Loans, Investments, etc. — (3.) 

From Miscellaneous Sources — The Expenditure of the Hospital— (1.) Pensions 

— (2.) Salaries of Medical Officer and Lady Visitor— (3.) Management, Repairs 

and Public Burdens— Surplus of Ordinary Revenue available for payment of ■ 

Casual or Capital Expenditure — Deficiency of Ordinary Revenue — History of i 

the Hospital now accomplished — Fate of the old Ecclesiastical Buildings^Dia- { 

appearance of Provost, Prebendaries, Choiristers, and Beidmen, with their ] 

Sacerdotal Habiliments — The Sacred Duties and Injunctions, with the Special 

Services, a Record of the Past — Even the later uses of the Church as a Pres- | 

byterian Place of Worship come to an end — The beautiful specimen of Gothic \ 

Architecture to give place to the more urgent necessities of the times in a 

pre-eminently utilitarian age — The old Hospital building disappears — It is not 

rebuilt — Change on the Aspect of the Locality — Railway Trains continually 

arriving and departing — Religion and Benevolence disappear from the scene — , 

Tlie music of the Sanctuary is exchanged for the bellowing of the Steam Demon 

and the shrill whistle of the Railway Engine — Another and less pretentious 

Church is erected — Trinity College Hospital still survives — A great Charity ' 

Fund, greater, stronger, and better than ever — The College and Hospital origin- ' 

ally intended for the Worship of God— Still illustrative of the Redeemer of 

Mankind in its benevolence and Cliristian example — Wonderful Progress in its 

financial affairs— Great Increase on the Roll of Beneficiaries — Lands of 

Quarryholes being rapidly feued and yielding large revenues — " Unearned 

Increment" serving a beneficent end — Additional Income in the future from 

the lands of Dean Park, Blinkbonny, and Redbraes — Call for more support to • 

help 80 deserving and well-administered a Charity, .... 81-94 



List of the Present Governors of Trinity Hospital, and their respective 

Residences, .... ..... 95-97 

The Alexander Mortification, List of the City Clergy who are Trustees, and 

their respective Residences, . ..... 97 

List of the Officials of Trinity Hospital and the Alexander Trust, and their 

respective Residences, ........ 98 



CONTENTS. 



XXI 



APPENDICES. 



Professor Macpherson's Report : — . 

I. First Branch op Interlocutor : — 

(1.) From what Sources the various Funds forming the Capital 
of the Charity, called Trinity College, or Trinity Hospital, 
have been derived, ...... 

(2.) The Original Amount of the Hospital Property, 
(3.) The Present Amount of the Hospital Property, 

II. Second Branch op Interlocutor : — The Mode in which these Funds 
have been from time to time, and are at present, invested, . 

III. Third Branch of Interlocutor ; — The Terms and Conditions of 
any Grants or Mortifications which have from time to time been 
made by private individuals in favour of the Charity, or of the 
Trustees of the Charity, ..... 







PAGE 






PAGE 


Robert Johnstoun's 


Mortification 


127 


Reoch's Mortification 


153 


AIex.^nder's 


do. 


129 


Mr John Menzies' 


do. 


ib. 


Crokat's 


do. 


146 


Lennie's 


do. 


155 


Rodger Hog's 


do. 


150 


Andrew Wemyss' 


do. 


157 


Penman's 


do. 


151 


Fraser's 


do. 


158 


Young's 


do. 


ib. 


Paul's Work 




ib. 



IV. Fourth Branch of Interlocutor : — By whom, and in what manner, 
and from what classes of persons, the Beneficiaries have been from 
time to time selected ; and, in particular, whether any, aud what 
rights of selecting or nominating Beneficiaries have been exercised, 
or claim to be exercised, by parties other than the Magistrates and 
Council, as Trustees of the Charity 1 . 

V. Fifth Branch op Interlocutor : — How many out-door Pensioners 
have from time to time been admitted to the benefits of the 
Charity? ........ 

VOL. II. d 



PAGE 

101 

ib. 



ib. 
103 
120 



ib. 



126 



159 



170 



xxu 



CONTENTS. 



VI. Sixth Branch op Interlocutor :— What allowances have from 
time to time been paid to such out-door Pensioners, and upon 
what principle such allowances appear to have been fixed? . 173 

VII. Seventh Branch of Interlocutor: — What has been the Gross 

Annual Income of the Charity since the Old Hospital was 
removed, what Deductions have been made, or fall to be made, 
therefrom, and what has been the Free Annual Income applicable 
and applied for behoof of the Beneficiaries? . . . 174 

Statement of Gross Annual Income since the Old Hospital 

was removed, ....... 175 

Estimate of combined Nett Income of Trinity Hospital 

Proper and Trinity College Church Fund, . . 180 

The Expense of Management, . . . . .185 

VIII. Eighth Branch of Interlocutor : — Any other fact or matter 

which may appear to the Reporter to be material or useful for 
the information of the Court in settling a Scheme for the future 
Administration and Application of the Funds of the Charity, . 186 

Road across the Calton Hill, . . . . .188 

Purchases of Rights of Presentation, . . .194 

The Beidmen's Rents, . .195 

Feuing of Hospital Land, . . . . 196 

Sales of Patronages, . . . . . . 197 

Records of Hospital Trust, . . . .198 

Alexander Mortification, . . . .199 

IX. Ninth Branch or Interlocutor: — What Scheme the Reporter 
would recommend to the Court as expedient and proper to be 
adopted for such future application and administration, having 
reference to the terms of the Charters, Grants, and Mortifications 
in favour of the Charity, and the judgments of this Court and the 
House of Lords in the present and relative pi-oceedings, . . 200 

The Classes of Persons, . . . . . .201 

Method of Relief, ...... ib. 

Conditions imposed by Governors, .... 202 



CONTENTS. 



XXUl 



Recommendations as to future Application and Administra- 
tion of the Charity :—..... 206 
Selection of Beneficiaries, . . . . ib. 
Extent to which Relief should be afforded, . . 209 

Proposed Scheme of Disteibdtion of the Free Income of the Charity, . 214 

Form in which Application for the Benefit of the Hospital may be made, 216 



II. 

Appendix to Professor Macpherson's Report : — 

I. Third Branch of Interlocutor : — ^The Terms and Conditions of any 
Grants or Mortifications by Private Individuals : — . 

Treasurer to the Kirk , 

Thomas M'Calzeoun 

Clement LitiU 

The Ministers, Eldares, and Dikens 

of the Kirk 
Session of the Kirk 
Thomas Speir . 
Richert Doby . 
Ye Ministers, Eldares, and Deykins 

of ye Kirk, and Muisters of ye 

Hospitall . 
Cornelius Inglis 
Kobert Jollie . 
James Inglis . 
M. Jhoun Layng 
Johne Robertsoun 
Sir Johne Scharp of Houstoun 
Mrs Alesouu WUsouu or Lyudesay 
Mrs Inglis 
Johne Howeson 
Robert Smith . 
James Donaldson 
Charles Scherare 
Alexander Moresoun 
Gilbert Promrois 
Jhone Nasmyth 
Kirk Treasurer 
Archibald .lohnston 
William Rig . 
Patrik Eleis . 
James Ainslie . 

Miss Issobell Brown or Massoun 
Hew Wicht . 
Rachell Arnot . 
Patrick Eannatyne 
Kii-k Treasurer 
Patrick Tweedie 
Johnne Jowssie 
Johnnme Rae . 



219 



YEAR 


fAGE 




VEAR 


PACE 


1580 


219 


Johnne Byeres 


1632 


229 


1581 


220 


James Dalgleische 


1632 


230 


1582 


ib. 


Williame Kellie 


16.32 


ib. 






James Winraham 


1632 


ib. 


1586 


ib. 


Margaret Prestoiine or Eleis 


1632 


231 


1589 


ib. 


Johne Hamiltoune 


1632 


ib. 


1593 


221 


Allane Levingstoune . 


1633 


ib. 


1593 


ib. 


Arthour Rae . 


1633 


ib. 






Robert Broun . 


1634 


ib. 






Janet Bannatyue 


1634 


232 


1598 


222 


Christiane Rig or R^ic . 


1635 


ib. 


1604 


ib. 


Thomas Bannatyne 


1635 


ib. 


1605 


ib. 


James Hog 


1636 


ib. 


1605 


ib. 


David Ramsay 


1636 


ib. 


1606 


223 


David Aikinheid 


1637 


ib. 


1608 


ib. 


John Winrahame 


1637 


233 


1608 


224 


Sir Henry Wardlaw . 


1638 


ib. 


... 


ib. 


Mrs Mertein . 


1638 


ib. 


1611 


ib. 


Peter Somerveill 


1638 


ih. 


1611 


ib. 


Isobel Farquhair 


1638 


234 


1611 


ib. 


Robert Massoun 


1639 


ih. 


1612 


ib. 


Robert Johnston 


1639 


ib. 


1613 


225 


Thomas Speng . 


1639 


235 


1614 


ib. 


Katherein Prtstoun . 


1639 


236 


1615 


226 


David Makcall 


1639 


ib. 


1615 


ib. 


David Rich.irdsoa 


1640 


ib. 


1618 


ib. 


David Cruickshank 


1640 


ib. 


1619 


ib. 


Robert EUeis . 


1641 


237 


1619 


ih. 


John Inglis 


1642 


ib.. 


1620 


ib. 


Bartilmo Somervell 


1642 


ib. 


1623 


227 


John Fleming . 


1642 


ib. 


1623 


ih. 


Isobell Allane or Alschruder . 


1642 


ib. 


1625 


225 


James Troup . 


1642 


ib. 


1625 


ih. 


John Trotter . 


1642 


238 


1625 


ib. 


John Spense . 


1643 


ih. 


1628 


ih. 


Andrew Beattie 


1644 


239 


1628 


ih. 


William Porter 


1646 


ih. 


1629 


229 


Margaret Richardson or Linds 


ay 1647 


ib. 


1630 


ih. 


Thomas Dods . 


1647 


ib. 



XXIV 


CONTENTS. 






YEAR 


PAGE 




YEAR 


William Miixwell 


1649 


240 


Gift by Town of Price of Patronage 




James Harres . 


1619 


ib. 


of Kirkurd . 


1720 


Sir Thomas Crombie . 


1651 


ib. 


Lady (irizel Semjiill . 


1723 


John Trotter . 


1652 


ib. 


Mrs Margaret Hamilton or Erskine 


1723 


William Cochran 


1656 


ib. 


William Brown (of Dalgourie) 


1719 


James Wyseman 


1656 


ib. 


George Watson 


1723 


Patrick Thomson 


1662 


241 


William Wairdrop 


1725 


Laird of Stenhouamilne 


1668 


ib. 


John Wightmau (of Mauldsly) 


1728 


James Gray . 


1669 


ib. 


Rodger Hog and Thomas Hog 


1728 


James Elies 


1670 


ib. 


Robert Murray 


1726 


George JoUie . 


1670 


242 


Robert Wilson 


1728 


R<.bert Saiidihind 


1671 


ih. 


John Young . 


1732 


William Lorimer 


1671 


243 


Alexander Brown 


1733 


Alexander Home 


1671 


ib. 


Mrs Mackilleraith 


1729 


Thomas Murray 


1674 


ib. 


Andrew Gardner 


1735 


John M'Morland 


1676 


ib. 


Rebecca Brown 


1736 


John Anderson 


1676 


ib 


Rev. William Brown . 


1736 


John Penman and James Penman 


1680 


ib. 


James and WiUiam Melrose . 


1737 


John Thorburn 


16S0 


245 


Mrs Janet Melvill 


1737 


Harie Walwood 


1684 


ib. 


Mrs Campbell or Wightman . 


1744 


John Govein . 


1685 


ib. 


Patrick Gordon 


1750 


Janet Ross 


1685 


ib. 


James Wilkie . 


1758 


Patrick Aikenhead 


1689 


ib. 


John Gordon . 


1754 


Robert Deane . 


1692 


246 


Thomas Crockat 


1765 


John Glendie . 


1694 


ib. 


Thomas Fraser . 


1758 


James Alexander 


1695 


ib. 


John Brown 


1758 


Sir John Hall . 


1696 


251 


James Hunter . 


1765 


David Lindsay 


1696 


ib. 


Mrs Beech 


1766 


William Grierson 


1696 


252 


Jiinet Callander 


1774 


Sir Robert Baird of Saughtonhall 


1697 


ib. 


Charles Selkirk 


1786 


Mr Trumble's Donation 


1699 


ih. 


James Reoch . 


1792 


Lady Pennecook 


1701 


ib. 


Miss Christian Garden 


1804 


Thomas Sievwright 


1705 


ib. 


Mrs Elizabeth Campbell 


1812 


Mrs Wood 


1710 


ib. 


John Menzies . 


1833 


Bailie Murray . 


1710 


ib. 


Rev. Dr Robert Blair (of Barton) 


1838 


Sir James M'Lurge (of Vogrie) 


1718 


ib. 


Thomson Paul . 


1842 


Sir John Clark 


1720 


253 


William Lennie 


1852 


Bessie Grant . 


1716 


ib. 


Andrew Wemyss 


1858 



(•AGE 

253 
254 

ib. 
255 
256 

ib. 

ib. 
257 
258 
259 

ib. 
261 

ib. 

ib. 
263 

ib. 

ib. 
264 
265 
266 

ib. 
267 

ib. 
268 
271 

ib. 

ih. 
273 
274 
275 
276 

ih. 
277 
278 
279 

ih. 
282 



II. Examples of Payments made or Conveyances granted by Persons desiring 
to be in the Hospital, or by Friends, on condition of their admission, 

III. Examples of Property received on death of inmates, under the disposiiio 
omnium, bonorum granted by inmates, .... 

IV. Excerpts from Statutes of Trinity College Hospital, 

V. Regulations as to Admission of Burgesses and Guild Brethren, 

VI. Excerpt from Observations by Governors of Trinity Hospital on Draft 
Report, ........ 



285 

288 
291 
304 

307 



CONTENTS. XXV 



PAGE 



VII. Form of Disposition exacted from Beneficiaries on the Inmate Roll, . 309 

VIII. Teinds of Wemyss, . . . . . . .311 

IX. Letter from the Rev. R. H. Stevenson, D.D., on behalf of himself and 

the Ministers of Edinburgh, to Professor Macpherson, . . 313 

X. Alexander's Mortification— Payments, 1819-20, . . . 314 

XI. Return shewing the number of Presentations to Trinity Hospital pre- 
sently held by the Governors themselves, and the names of other 
Patrons and number of Presentations held by each, . . . 315 

XII. Excerpt from List of In-door Pensioners for 1871, given in by the 

Governors, . . . . . . . .316 

XIII. Statement of Over and Under-payments to Beneficiaries on Alexander 

Mortification, . . . . . . .317 



III. 

Objections for the Lord Provost, Magistrates, and Council of the City of 
Edinburgh, as Governors of Trinity Hospital, to the Report 
of Professor Macpherson, dated 15th July 1874, . . .319 

IV. 
Note for the Lord Advocate in the Process of Declarator, &c., at the instance 
of Margaret Clephane and Others, Members, Beneficiaries or Pen- 
sioners of the Trinity Hospital, Edinburgh, — Pursuers ; against 
the Lord Provost, Magistrates, and Council of the City of Edin- 
burgh, as Trustees and Governors of the said Hospital, — Defenders, 324 

V. 
Report by Professor Macpherson in causa Clephane and Others against the 
Magistrates and Town Council of Edinburgh, as Governors of 
Trinity Hospital, ....... 325 

VI. 

Objections for the Lord Provost, Magistrates, and Council of the City of 

Edinburgh to the foregoing Report, dated 26th October 1877, . 355 



XXVI CONTENTS. 



VII. 
Additional Report by Professor Macpherson in causa Clephane and Others 
against the Magistrates and Town Council of Edinburgh, as 
Governors of Trinity Hospital, ..... 360 

VIII. 

Objections for the Lord Provost, Magistrates, and Council of the City of 
Edinburgh, as Trustees, Administrators, and Governors of the 
Trinity Hospital of Edinburgh, to Report by Professor Macpher- 
son, dated 6th July 1878, ...... 363 



Charters referring to Trinity College, in Modern Latin, with English , 

Translation : — < 

XIV. j 

Charter by King James VI. granting Trinity Church and Hospital to Sir i 

Symon Preston, Provost, and his successors, the Provost, Bailies, i 
and Council of the Burgh of Edinburgh. Edinburgh, 12th 

November 1567, ....... 365 

XV. I 
Charter by King James VI. confirming Queen Mary's Charter of 13th 

March 1566, and of new granting the Kirk-livings to the Provost, ! 

Bailies, Council and Community of the Burgh of Edinburgh. ' 

Stirling, Uth AprU 1582, ...... 371 ! 

XVI. I 

Contract between the Provost, Bailies, Council, and Deacons of the Burgh .] 

of Edinburgh, and Mr Robert Pont, Provost of Trinity College, 1 

in regard to the renunciation of the Provostry. Edinburgh, | 

26th April 1585, ....... 384 1 

I 

XVII. I 

Charter by King James VI. to the Provost, Bailies, and Council of the Burgh \ 

of Edinburgh, of the Provostry of Trinity College. Dunfermline, 

23d June 1585, ....... 388 ' 



CONTENTS. 



XXVll 



XVIII. 

Charter by King James VI., confirming his previous Charter of 23d June 
1585, and of new granting Trinity College and the whole endow- 
ments and property thereof, to the Provost, Bailies, Council and 
Community of the Bur^'h of Edinburgh. Holyrood, 26th May 
1587, ........ 393 



XIX. 

Chaiter by King James VI., confirming his Charter of 23d June 1585, 
and of new gi-anting to the Provost, Bailies, Council, and Com- 
munity of the Burgh of Edinburgh, the whole revenues of Trinity 
CoUege. Holyrood, 29th July 1587, .... 

XX. 

Excerpts from Volume of Accounts of Trinity Hospital, 1716-52, 



404 



HO 



XXI. 

Excerpts from Volume of Accounts of Trinity Hospital, 1752-64, 

XXII. 

The late Lord Cockburn on Trinity Hospital, 



428 



429 



XXIII. 

Ancient Scottish Laws regarding Poor People, Sorners, Beggars, etc.. 



435 




TRINITY COLLEGE AND TRINITY 

HOSPITAL. 



CHAPTER XXVII. 

TRINITY HOSPITAL CHARITY AS IT NOW EXISTS. 

HE Charity op Trinity Hospital has been a great 
boon and blessing to the community of the City of 
Edinburgh for many generations. This observation 
will readily be conceded ; as Trinity Hospital is, un- 
questionably, the oldest of all the Edinburgh charity- 
foundations, which exist at the present time. It has been, undoubtedly, 
a benefit to very many deserving citizens, who had previously seen 
better days, and who had spent the greater part of their life under 
far more advantageous circumstances, than was experienced by them 
during the later days of their worldly career. 

VOL. II. A 




TRINITY COLLEGE AND TRINITY HOSPITAL. 



At the present time, tbe number of beneficiaries on the roll is not 
less than 313 persons, male and female. Of these Pensioners there are 
On the higher scale, at £25 per annum, representing 

the old " In-door Pension," . . .75 

On the lower scale, at £15 per annum, representing 

the old " Out-door Pension," . . .164 



On the Lennie Pension List, at £10 per annum, 
On the Crighton Pension List, at £15 per annum. 
On the Wemyss Pension List, at £15 per annum, 
On the Alexander Fund, at £27, 15s. 6d. per annum, 

Total beneficiaries as above, 



18 
10 
13 
33 

313 



This brings the List down to the close of the year 1896. It 
is proper, however, to state that possibly before the end of other 
two years, the number may be increased by the addition of at least 
20 or 30 pensions. It is requisite to explain that on the higher scale (or 
in-door pension) 17 are private gifts of presentation,* in the disposal 
of which the Town Council, as Governors, have no right or control. 
They simply act as the hands by which the benefaction is made to 
the several recipients, at the stated terms of payment. All payments 
are made bi-monthly in advance, on the first Mondays of January, 
March, May, July, September, and November. As has already been 
seen, the Alexander Fund has, — since the new scheme of administra- 
tion established by the interlocutor of the Court of Session, to which 
full reference will be made in another chapter, — been administered by 
a separate Trust composed of the members of the Town Council 
of the City and the Incumbents of the old City Parish Churches. 

* Originally, there were twenty-one of these, but four of them have lapsed and the 
patronage of such has devolved upon the Town Council. 



TRINITY HOSPITAL CHARITY AS IT NOW EXISTS. 3 

It is right always to bear in mind that the Charity of Trinity 
Hospital, as now administered, is very diflerent from what was the 
original intention of the pious Foundress, as set forth in the 
various Charters or Pope's Bulls which originally regulated the 
affairs of the Trinity College. At first, as has been seen in the 
previous volume, the endowment was designed by Queen Mary of 
Gueldres, as a College and as a " Maison Dieu," or House of God — a 
religious institution and almshouse, provided with a provost or prin- 
cipal, a number of prebendaries or priests, a set of choiristers, and 
a number of beidmen or poor citizens ; where religious worship was 
daily maintained, and where the hours of prayer, reading, refection, 
and sleep were most scrupulously attended to. All the officials and 
even the beidmen were provided with incomes derived from the value 
of certain lands which were duly specified, and which were assigned 
to them as their own exclusive property. The thirteen beidmen 
constituted the purely eleemosynary part of the foundation. 

The Eeformatiou, however, swept over Scotland, and brought 
a totally altered state of matters. Provosts, prebendaries or priests, 
and choiristers had to disappear under the altered circumstances, 
even although they all offered to embrace the new religion and to 
submit themselves to the changed condition of religious polity. 
The property of Trinity College Church and Trinity Hospital, as 
matter of course, fell to the Crown, with the emoluments pertaining 
thereto. It is at this juncture of affairs that Trinity Church and 
Trinity Hospital enter upon an entirely new era of existence. They 
became henceforth the property of the Corporation of Edinburgh, 
and they were called upon to pass through the varied stages of a 
somewhat eventful career, down to the present time. 

The Town Council's connection with the Church and Hospital 
began on the 10th day of November 1567, when the bailies, council. 



TRINITY COLLEGE AND TRINITY HOSPITAL. 



and deacons of crafts, having been convened in the council house, 
Sir Symon Prestoun of Craigmillar, Knight, Provost of the Burgh, 
stated to his brethren of the Corporation, that he had obtained a grant, 
from the Lord Regent's hands, of the Trinity College, kirk, houses, 
biggins, and yards adjacent thereto, and lying contiguous to the same, 
to be an hospital for the poor, and to be biggit and upholden by the 
good town, and the eleemosynaries to be placed therein, by the 
provost, bailies, and council for the time being ; and that, notwith- 
standing he had accomplished all this, it was not his intention to 
manage it on his own behalf, but to bestow the gift upon the said 
town ; and he therefore oflered the same, with all right and title he 
had to them, as a gift to the said good town, and such right and title 
was thereby transferred from himself and his heirs ad jx^rjjetuam 
remanentiam. — [Vide Vol. I. footnote pp. 41-2.) 

The Town Council accepted the gift, and entered upon their 
duties by appointing those various officials whom they considered 
requisite for the management of the same. 

It ought here specially to be noted that Trinity Hospital did 
not participate in any of the revenues which Queen Mary of 
Gueldres, under the original charters of foundation, conferred upon 
the respective provosts, prebendaries, choiristers, or beidmen in 
pre-Reformation times. These were wholly devoted to the support 
of the clergy under the new dispensation of affairs, and also to 
the College and the Schools. 

What the Town Council did receive was the Church of Trinity 
College, the Hospital building which was at the time falling fast into a 
state of decay, and " the houses, biggins, and yards adjacent thereto, and 
lying contiguous to the same." All these were granted by the Crown 
to the Provost of the Town for the time being, for the purpose of being 
erected and maintained as a Hospital for the poor in all time coming. 



TRINITY HOSPITAL CHARITY AS IT NOW EXISTS. 5 

While Mary of Gueldres was, therefore, the foundress of the 
religious institution and almshouse which existed prior to the Keforma- 
tion, it is rather to Sir Symon Prestoun of Craigmillar, Knight, to whom 
we have to look, as the considerate author of that greater development 
which, after the Reformation, took place upon the conditions of the 
Charity, and which from that remote period of time have continued 
to be conferred upon, and have been utilised by, many deserving 
towns-people in succession, during the long period of nearly three 
centuries and a half. 

During the progress of years, time has brought about great 
changes. This was what might naturally be expected. The building 
of the Trinity College Church was, after the Reformation, devoted to 
the uses of the district for religious worship, while a preference 
has always been had, in regard to accommodation, in so far 
as the pews were concerned, to the Trinity Hospital inmates or 
pensioners. Even at the present time, free accommodation is pro- 
vided for the Hospital beneficiaries in the Trinity College Church 
at Jeffrey Street. So early as 1584, as has been already stated 
(being about seventeen years after the Town Council had ob- 
tained from Sir Symon Prestoun, a transference of his rights to the 
Church and pertinents adjacent, and also about the time of their 
agreement with Robert Pont, the last Provost of the College, as to 
his emoluments), the Lord Provost, Magistrates and Town Council had 
resolved to divide the town into four parishes (or parochins), each 
of which was to have a church. — {Vide Vol. I. p. 149.) Of these the 
Trinity College Church formed one, and was meant to supply the re- 
ligious wants of the north-east part of the town, and " the Cannogait 
heid without the port." The Trinity College Church and Hospital, 
which were formerly regarded as " outwith " the town, were by a 
minute of Town Council of 14th October 1584 caused to be 



6 TRINITY COLLEGE AND TRINITY HOSPITAL. 



" incloset within the town, and anc yett to be strikkin furth in the 
town wall at the fute of Halkerstoun's Wynd, to serue for a 
passage to the said kirk." The Hospital building was begun 
forthwith to be repaired. 

The Town Council, having, as we have seen, no other funds at 
their disposal, were necessitated to appeal to the generosity of 
their fellow-citizens to help them in this great work of benevolence ; 
and, on the whole, these appeals were not made in vain. The first 
mortification received by them was from the Executors of Mr Thomas 
M'Calzeoun in 1581. Thereafter legacies continued to drop in from 
time to time. The Hospital, therefore, under the control and fostering 
care of the Corporation, was being largely appreciated by the public, 
and it has grown and developed, — in consequence of the liberal 
donations of pious citizens, and the shrewdness and business foresight 
of those who had the management of its financial afi"airs, — until it 
has become a great power for good in the City of Edinburgh. 

When the demands upon the Town Council for admission were 
more than they could properly accommodate within the walls of the 
Hospital, a system of out-door relief was from time to time resorted to. 
In those days as well as in the present day — and possibly far more in 
the days that are gone than is at all likely to happen now — there 
came occasionally upon the town times when the citizens were called 
on to experience seasons of great dearth and poverty. This was 
specially the case after the Union with England, and it continued 
from time to time well on to the close of the last century. But 
the Town Council did their very best in those days to alleviate the 
sufferings of their fellow-citizens in times of scarcity and want. 
While their granting out-door relief became a matter of challenge 
— and that among a class of individuals who are always found to 
be on the objecting side — there can be no doubt that the Governors 



TRINITY HOSPITAL CHARITY AS IT NOW EXISTS. 



of Trinity Hospital acted in bona Jide, and the sequence of events 
has entirely justified their conduct. 

Lord Chancellor Westbury, in his remarks, when delivering his 
views in the House of Lords in regard to the affairs of Trinity 
Hospital, gives a large discretion to Trustees in the administration 
of a charity such as that of the Hosjiital. He says : — " In our 
Court of Equity, this principle has prevailed, namely, that there shall 
be a very large administration of charitable trusts. You look to 
the charity which is intended to be created, that is to say, the 
benefit of the beneficiary, and you distinguish between the charity 
and the means which are directed to the attainment of that charity. 
Now the means of necessity vary from age to age. Take a charity con- 
sisting, as it does here, of the relief of the poor. The condition of the 
country, or the condition of the town at the time when that charity 
was created, may have dictated what at that time were very convenient 
means for the application of the particular charity. In the progress of 
society, and with the greater diffusion of wealth and growth of popula- 
tion, the means originally may become inadequate to the end, and the 
Courts of Equity have always exercised the power of varying the 
means of carrying out the charity from time to time, according as by 
that variation they can secure more effectually the great object of the 
charity, viz., the beneficiary." 

His Lordship adds : — " The benevolence of Sir Symon Prestoun, 
and of the Court acting at his instance, was moved on account of the 
condition of the poor of Edinburgh ; and, as one means of benefiting the 
condition of the poor, he was able to erect, and had land granted to 
him, upon which he might erect dwellings for the poor; for, although 
you call it an hospital, yet the word hospital is to be considered with 
reference to that which is here described, and you must not derive from 
the word ' hospital,' the idea which is frequently attached to it at the 



8 TRINITY COLLEGE AND TRINITY HOSPITAL. 

present day, namely, a particular building with a certain staflP of officers, 
and with directions to receive annuitants therein, and to allow them 
certain sums of money, and to keep up a number of officers, a chaplain, 
and a superintendent, and so on, who are directed to be maintained in 
an hospital. That is an hospital consisting of a certain number of 
recipients of charity, whose interest in the charity is defined, and the 
hospital is to be for them a place of permanent dwelling. But in the 
direction here given, for the establishment of an hospital, there is 
nothing more, so far as the Charters go, than as it were the erection 
of an ordinary poorhouse, where the poor and the sick may be lodged 
and maintained, so long as may be necessary, and the whole seems to 
be left entirely to the arhitrium and discretion of the superintending 
a^dhority by the founder of the charity." 

His Lordship then goes on to state : — " If the end of relieving the 
poor can be better accomplished now, by hiring dwellings for them, or 
by enabling them to get lodgings or cottage dwellings of their own, the 
substantial object will be accomplished." He also refers to the fact, 
that since the Hospital building was levelled to the dust to make way 
for the railway operations, "There are no inmates or poor persons 
supported or maintained in any one building or hospital. Pensions in 
weekly, monthly, or termly payments are granted to the beneficiaries." 
His Lordship, therefore, supported the practice of out-door relief. 

But while favouring this view of the question, he does not dog- 
matise on the subject. Quite the reverse. He very cautiously adds : — 
"Whether it should be the one, or whether it should be the other, 
depends on the circumstances of the time, and on what constitutes a 
wise, and prudent, and discreet administration of the funds of the 
charity, and that administration may alter. It does not follow that, 
because we approve of out-door relief to-day, the scheme continuing that 
form of application shall have perpetual duration. Another set of 



TRINITY HOSPITAL CHARITY AS IT NOW EXISTS. 9 

circumstances may arise — ten, twenty, or fifty years hence — which will 
suggest another, and a more beneficial form of administration. And 
thus it is, that charity in the eye of the Court is not to be bound up to 
any absolute and no longer beneficial mode of administration ; but it 
may receive, under these wise maxims, from time to time, that appli- 
cation and that administration of the fund which will best accomplish 
the great end in view." 

His Lordship is quite clear on this one proposition, that a very 
great deal of discretion, in regard to the management of such a charity, 
must be left to the wisdom of those whose duty it is to administer 
the affairs of the Institution. 

The original intention of Sir Symon Prestoun, who, as we have 
already seen, was the more immediate founder of the Charity, was 
the care and support of the poor and of the sick of the town 
of Edinburgh. By this remark it is not to be understood that " the 
poor " there referred to implied what is known as " the common 
poor," who at a very early period in the history of the Scottish nation 
were otherwise provided for. During the reign of King James I., in 
1424, a law was passed regulating begging, to the effect that no one 
should be allowed to do so outwith the parish or parochin in which he 
was born. And those who were "thoiled (allowed) to beg" had to be 
"seene be the Councelles of the Tounes, or of the Lande, that they may 
not winne their living vther waies." By sec. 70 of the sixth Parliament 
of James IV., the aforesaid Act is thus referred to : — " Item, Anent 
beggers that the Statute of King lames the First, made upon starke 
beggers, be observed and keiped. And that the Schereffes, Provestes, 
Baillies within Burrowes, baith of Royaltie and Regalitie, Spiritualitie 
and Temporalitie, see that this Act be execute and keiped : And that 
they thoil nane to beg within them, except cruiked-folke, seik-folke, 
impotent-folke, and weak-folke, under the paine of payment of ane 

VOL. II. B 



10 TRINITY COLLEGE AND TRINITY HOSPITAL. 



marke, for ilk vther begger that beia foundin." There are other 
statutes of the Scottish Parliament in reference to the common poor 
and to begging ; but the most complete reference is to be found in the 
Act of James VI. (1579), passed seven years before the Magistrates and 
Council obtained full possession of the affairs of Trinity College Hos- 
pital, when the last Provost (Pont) was removed. That statute 
ordained the Provosts and Magistrates severely to punish all beggars, 
and to lay on a weekly stent or tax as should be deemed suitable upon 
the whole inhabitants,* according to their ability, without exception, 
to sustain the "pure (poor) people." The means by which this was 
to be done is not clearly specified in the Act, but must have been 
left to the arbitrium of the authorities. There is, however, consider- 
able light thrown upon the subject in the Kirk Treasurer's Accounts 
of thirty-five years later, as these have been preserved in the archives 
of the City. The following may be taken as a specimen : — 

" Heir foUoweth the Compt of James Heriot, Thesaurer to the 
Kirk off" Edinburgh of his Intromission or Charge and Discharge in 
the year of his office, to wit, 1615. The Compter James Heriot is 
charged : (l) With the monthlie contribution of the burgh of Edinburgh 
collected be the haill diacons fra the inhabitants thereof, allsweill 
merchants and craftsmen, as members of the College of Justice^ 
according to the stent roll registrat. (2.) With the Collections at the 
Kirk doors. (3.) With the penalties of fornicatores. (4.) With volun- 
teer gifts promised upoun the sea. (5.) With legacyes left to the 
poore. (6.) With annuel-rents sumes of money receaved from David 

* This is the first step taken in Scotland to suppress begging, which had been previously 
tolerated under certain conditions; and to substitute in lieu thereof, a direct stent or tax 
levied on the community to support the poor. The old Acts of the Scottish Parliament in 
reference to the poor, and to beggars and sorners, are so important in many respects that they 
have been printed as part of the Appendices, pages 435-46. — J. C. 



TRINITY HOSPITAL CHARITY AS IT NOW EXISTS. 11 

Williamsone, elder, preceiding Thesaurar, together with wreats and 
obligationes made to the Kirk." The sum with which Heriot charged 
himself for the year was upwards of £11,000 Scots. The list of the 
recipients is set forth in the account. 

How long the Kirk Treasurer, who was appointed by the Town 
Council, with the concurrence of the Session of the Kirk, continued as 
almoner for the poor,* the writer has not been able to discover. It is 
sufficient for his purpose to show that the charity of Trinity Hospital 
was not designed for the support of the "common poor." 

Towards the middle of last century it was found requisite to deal 
with the question of the common poor in a more thorough way, in the 
establishment of " The City Charity Workhouse," or as is now better 
understood, " The Poorhouse." This institution was erected during the 
summer of 1743. The expense of building the House was defrayed by 
voluntary contributions made by the inhabitants. The cost of main- 
taining the establishment was at first met by a tax of two per cent, 
on the valued rents of the City, by half of the profits of the ladies' 
assembly room, by the collections at the parish church doors, and 
by other voluntary contributions, including any alms which were 
deposited by passers-by into the charity-box placed at the gate. There 
were also credited any sums derived from the labour of the inmates. 
All these sources were, however, in course of time, not found sufficient. 
It was, therefore, proposed to levy a Poor-rate. The gentlemen of 
the Faculty of Law claimed a prescriptive exemption from all 
taxation ; but they eventually yielded. And for many years a poor- 
rate has been imposed upon the value of all heritable property, even 
although it is unlet — one-half of the assessment being paid by the 
owners and one-half by the tenants. The old City Poorhouse is now 

* The Kirk Treasurer's Accounts are extant from 1615 to 1743. 



12 TRINITY COLLEGE AND TRINITY HOSPITAL. 



non-existent. The City Parochial Board advantageously feued the 
ground after the inmates vvcre removed in 1870 to the new House 
at Crainjlockhart. 

But the poor people of the parishes of Canongate and St 
Cuthbert had also to be provided for. 

The Canongate Charity Workhouse was situated at the foot of 
the Tolbooth Wynd, and adjoined the Canongate churchyard. It 
was built in 1761, by subscriptions received from the inhabitants 
of the burgh. Latterly the Canongate parochial rate — as the houses 
came to be inhabited by the poorer classes — was found to be excessive, 
and the accommodation of the poorhouse insufficient. Eventually, 
after considerable negotiation, the parishes of St Cuthbert and 
Canongate were combined for poors purposes, and the arrangement 
was a great relief to the ratepayers of Canongate. 

The Charity Workhouse for St Cuthbert's parish was opened on 
the 27th of May 1762. The house was built by public subscription. 
The City of Edinburgh gave a donation of thirty guineas. It was 
supported for three years by the collections at the church doors, by 
the free proceeds of the burying- ground, and by voluntary contribu- 
tions. These were not found adequate. A voluntary assessment was 
laid upon the parish in 1766. In 1767, an Act of Parliament was 
obtained for extending the Royalty of the City of Edinburgh. The 
effect of this was to disjoin, from St Cuthbert's parish, a great portion 
of the New Town, including St Andrew's, St George's, St Mary's, 
and St Stephen's parishes, and attach them to the City Parish. A 
sum was allowed by the City to St Cuthbert's for the loss thereby 
sustained. The Poorhouse, which originally stood in St Cuthbert's 
Lane, was eventually acquired by the Caledonian Railway Company, 
when a new House was built on the grounds of Craigleith, to the 
west of the Fettes Hospital, for the combined parishes of St Cuthbert 



TRINITY HOSPITAL CHARITY AS IT NOW EXISTS. 13 

and Canongate. Like the City Parish, an assessment was, in course 
of time, levied for maintaining the house and inmates. 

Under recent legislation all these differences of parish arrange- 
ments have been brought to an end, and one uniform system of 
management of poors matters obtains at the present time. A uniform 
rate of assessment is levied over the whole municipal area of the 
City, under the control of the City Parish Council. This notable 
change of affairs has been found, even by its opponents, to have 
been productive of great good to the community. 

The foundation of the Royal Infirmary of Edinburgh, on the 6th 
day of August 1729, made ample provision for the sick poor : inasmuch 
as its doors were thrown open to " the curable distressed, from what- 
ever part of the world they came, without the slightest restriction." 
These were the terms of its original charter. 

It was an observation of a late statesman, that " One of the 
noblest passages in our Statute-Book is the one which says, — No 
one need be destitute." If Scripture is correct wherein the remark 
is made, "The poor ye have always with you," as well as the 
other one, " The poor shall never cease out of the land " — it is a 
consoling fact, that the burgh ratepayers, through the present system 
of taxation, make adequate provision for the necessities of those who 
would otherwise be in want. 

It is not, however, for those persons for whom the Poor Law 
makes provision, that Trinity Hospital pensions were ever intended. 
They were designed by the Town Council, as Governors and Adminis- 
trators of the Institution, to be conferred on those who had seen better 
days — a class above the persons who are proper subjects of parochial relief 
This will, no doubt, appear abundantly evident, by what has been already 
stated, by a careful perusal of the Court of Session's regulations, and by 
the remarks which follow, on this subject, in subsequent chapters. 



^^^^^^g 


1 


\V&> ^»Sk^^m^^ii^^^!,?iff^>^:3^3^ESi^f:^':^r^_^^''^^,md. ' 



CHAPTER XXVIII. 



THE NEW SCHEME OF ADMINISTRATION. 




|NDER the decision of the Appellate Court (Vol. I. pp. 272-5) it 
was declared that (after providing for the building of Trinity 
College Church), the residue of the money received from 
the North British Railway Company, and the interest thereon, and all 
the rest of the property of the said Hospital were applicable to the 
enlargement and maintenance of the said Charity, as declared and 
established by the Charters, dated respectively the 12th November 
1567 and 26th May 1587, in the said proceedings mentioned, accord- 
ing to a scheme to be settled for that purpose. . . . "And it is further 
ordered, that it be referred to the said Court of Session, to settle 
and approve of such scheme accordingly, and to enquire and ascertain 
of what the property of the Hospital consists, and in what manner 
the money received from the said Railway Company has been invested 
by the said defenders, and when such investments were made, and 
what sums have been received for interest thereon, and by whom and 
how such sums have been applied." 

14 



THE NEW SCHEME OF ADMINISTRATION. 15 

Following out this direction, the Court of Session remitted to 
Norman Macpherson, Esquire, Advocate, at that time Professor of the 
Law of Scotland in the University of Edinburgh, to report upon the 
whole affairs of the Trinity Hospital, and especially as to " what scheme 
the Eeporter would recommend to the Court as expedient and proper 
to be adopted for future application and administration, having 
reference to the terms of the Charters, Grants, and Mortifications in 
favour of the Charity, and the judgments of this Court, and the House 
of Lords in the present and relative proceedings." The Reporter 
was authorised to secure the assistance of a competent accountant, 
or other person of skill, in so far as it might be requisite to enable 
him to carry out the remit. He was also authorised to hear parties 
interested, who might desire to be heard ; and he got the requisite 
power to require the production or exhibition of writings and docu- 
ments pertinent to the enquiry. 

The first Report v/hich was made to the Court was five years 
thereafter, viz., on 15th July 1874. It was a tedious enquiry, and 
cost the Charity upwards of £1500. 

After a variety of negotiations between the parties, the scheme of 
administration, in so far as the Charity of Trinity Hospital was con- 
cerned, was settled by Interlocutor of the Court of Session, of date 
3d February 1880. It was ordained inter alia as follows : — "Further, 
approve of the amended scheme for the administration of Trinity 
Hospital, . . . prepared by Professor Macpherson under the remit 
made in their Interlocutor of 20th July 1875, and appended to his 
Report to the Court, dated 30th June 1877, as adjusted by the 
Court of even date herewith, copies of which schemes so adjusted 
are Nos. 139 and 140 of process : Ordain the said schemes to be the 
Regulations for the administration of the Trinity Hospital . . . subject 
to the future orders of the Court." 



16 TRINITY COLLEGE AND TRINITY HOSPITAL. 

The following are set down as the future 

Regulations 
For the Administration of Trinity Hospital. 

1. The beneficiaries must not be under fifty years of age, 
except in the case specified below, Art. 4. 

2. They must be of good reputation when appointed ; and main- 
tain their character. 

3. They must be in decayed circumstances, and not from their 
own improvidence or misconduct. 

4. One-eighth of the whole beneficiaries shall be persons labour- 
ing under incurable disease. 

There shall be no limit in point of age in the case of persons 
who, by supervening incurable disease, are prevented from labour- 
ing as they have formerly done for their own livelihood. 

It shall be in the power of the Governors to select a larger 
number of incurables, if they think fit, from among applicants 
possessing the ordinary qualifications as to age, etc. 

5. Applicants must have at some time resided in Edinburgh 
for two years, and for that period have supported themselves by 
their own industry,* or at least without aid from any charity ; or 
be widows or children of burgesses. 

6. The beneficiaries must, after their appointment, reside in 
Edinburgh, unless they have relatives elsewhere with whom they 

• It has been found a great drawback in the administration of the new scheme, that the 
printed Form of Application authorised by the Court of Session makes no reference to this 
matter. As a rule, therefore, the Governors have no opportunity of testing the fitness of 
applicants under this head. — J. C, 



THE NEW SCHEME OF ADMINISTRATION. 17 

can reside, and where, for this or other special cause, which shall 
be recorded, leave to reside elsewhere is granted by the Governors 
on suitable provision being made for receiving periodical report as 
to the condition of the beneficiary to whom such leave is granted. 

7. There shall be a medical officer on the staff of the Charity, 
whose duty shall be to attend the beneficiaries in the case of sick- 
ness, and report to the Governors, subject to such regulations as may 
be fixed from time to time. His salary shall not be less than £105. 

8. There shall also be a lady visitor on the stafi" of the Charity, 
whose duty shall be to visit all the beneficiaries resident in Edin- 
burgh and Leith, and report to the Governors upon them, subject 
to such regulations as may from time to time be fixed. Her salary 
shall not be less than £63. 

9. There shall be two scales of pension, £25 and £15* — it 
being in the power of the Governors to put those elected on what- 
ever scale they think fit, on consideration of the circumstances of 
the applicant, and the state of the pension roll. 

10. Presentees by private patrons shall be entitled to receive 
pensions on the highest scale. 

11. It shall not be a disqualification that an applicant for the 
benefit of the Charity has a living spouse ; but where a marriage 
occurs in the case of any beneficiary, his or her claim to receive 
benefit from the charity shall be reconsidered by the Governors. 

12. No pensions shall be paid to, or in respect of, parties in 
receipt of parochial relief, or supported by parochial boards in 
lunatic asylums. 

13. The benefits of the Charity shall be forfeited by misconduct, 
of which the Governors shall be the sole judges. 

* £20 and £10 respectively were the amounts paid up to tliis time. 
VOL. II. C 



18 TRINITY COLLEGE AND TRINITY HOSPITAL. 

14. In every case of death of a beneficiary a sum of £5 will 
be allowed for funeral expenses.* 

15. Private rights of patronage cannot be exercised till after 
a lapse of twelve months from the death of the last presentee. 

16. Vacancies on private rights of patronage shall be intimated 
to the patrons so soon as they are brought to the notice of the 
trustees, or their clerk. 

17. There shall be preserved in volumes, containing no record 
of the proceedings of the Town Council as representing the com- 
munity, a separate record of the whole proceedings of the Lord 
Provost, Magistrates, and Council, as Governors of Trinity College 
Hospital, or of any committee or committees of their number to 
whom matters connected with the administration of the charity or 
its property are remitted. 

18. It shall be in the power of the Governors, as trustees of 
the Wemyss Bequest, when its income falls in, to fix a uniform 
amount of pension, or distribute it according to any of the scales 
subsisting at the time. 

19. If the withdrawal of the Alexander Fund should diminish 
the income of the Hospital, so that all the pensioners cannot be 
placed on the above scales, no vacancies occurring on the roll of 
pensioners shall be filled up unless or until the income is sufficient 
to support the new pensioners on the above rates ; and as the 
free income of the Hospital increases, it shall be expended as nearly 
as may be, one-half in providing pensions on the higher scale, 
and the other in providing pensions on the lower scale. 

* The Governors, on 20th October 1880, authorised the treasurer to make payment 
of the fixed allowance to the person making intimation of the death in writing, on pix)- 
duction of a certificate or extract of the death from the Registrar, or by a medical man, 
and on the return of the pension card issued to the beneficiary. 



THE NEW SCHEME OP ADMINISTRATION. 



19 



PROPOSED SCHEME OF DISTRIBUTION 

of the Free Income of the Charity. 

Unlimited Presentations on £25 Scale. 



Mortifier. 
William Brown of Dalgourie, 
Lady Grizell Sempill, 

Rev. William Brown, 

Mrs Melville, 



Patron. 

Lady Susan Brown Bourke, 

Earl of Rosebery, 
jThe Minister of Old 
\ Greyfriars', 
rMr White Melville of 
I Bendochie, 

Lord Forbes, ... 
JThe Incorporation of Skin- 
i ners and Furriers, 

Mr Hog of Newliston, ... 



James Hunter, 
Mrs Campbell, 

Rodger Hog, . . . 

Presentations Limited to Burgess Class on £25 Scale. 

(It is a question whether or not this limitation applies to Hog's 
Mortification. A like question is raised by Mr Grierson with refer- 
ence to Murray's Mortification. He claims right to an unrestricted 
presentation.) 
John Young, ... ... Incorporation of Cordiners, 

Mrs Beech, ... 

George Watson, 

John Wightman, 

Mrs Campbell, 

Robert Murray, 

Andrew Gairdner, 

James Wilkie, 

James Penman, 

Mrs Campbell or Wightman, 



[ The Merchant Company, 

1 



1 

2 



The Incorporation of 
Skinners, ... ... 2 

Mr Andrew Grierson, W.S., 1 
Mr G. W. Gairdner, London, 1 
The Ministers of Edinburgh, 1 
The Magistrates and 



rlO 



Council, 



1 



20 



TRINITY COLLEGE AND TRINITY HOSPITAL. 



Presentation Limited to Certain Names or Founder's 
Kin on £25 Scale. 



Four of the above, 

Thomas Crockat, 

Mrs Calender, 
Thomas Fraser, 



f Young, Watson, Wilkie and 
\ Beech. 

Minister and Kirk-Session ^ 
of Wester or New 
Greyfriars', ... 2 

Incorporation of Skinners, 2 
Lord Provost, Dean of 
Guild, and Treasurer, 1 . 



\5 



Total on £25 scale, 

On £25 scale presentation by private patrons, 
On £25 scale unlimited presentation by 
Magistrates and Council, 



On £15 scale do. 



do. 



Total beneficiaries, 



For salary of Medical Officer, . . , 
,, Lady Inspector, ... 

Less share paid by Alexander Fund, 



... 


22 


£550 


... 22 


£550 




... 38 


950 


£1500 


... 100 




1500 


... 160 




£3000 


£105 






63 






£168 






13 




155 




£3155 



THE NEW SCHEME OF ADMINISTRATION. 21 

FORM OF APPLICATION Engrossed in 

Council, Re- 

For the Benefit of the Hospital. ""•^^'i °J^ 

•^ •' -^ February the 

Street, ''''" ''''■ 
Edinburgh, 18 . 

Gentlemen, — I beg to apply for the benefits of Trinity College 
Hospital. 

The particulars of my claim are set forth in the annexed Schedule, 
and the documents in support of the application are herewith lodged. 

I am your most obedient servant, 



To the Governors of 
Trinity College Hospital, Edinburgh. 

Schedule. 

1. Name and designation of the applicant, with his or her present 
or former occupation. 

2. Date and place of birth of the applicant.* 

3. Present residence of the applicant, and his or her residence 
during the five preceding years : and if a householder, for how long, 

* This must if possible be proved by a certificate by the Registrar, or, if that cannot be 
obtained, such evidence as will satisfy the Governors. 

Persons are elected to the benefits of the foundation in the months of [February and 
Augitst], and the pension or annuity wOl commence to run and be payable [in advance on the 
first Monday of every alternate moiith. The first hi-nwnthly instalment to benefix^iaries elected in 
February will he paid on the first Monday of March, and to betieficiaries elected in Awffust on the 
first Monday in September]. The persons eligible for election to the benefits of the foundation 
are old men and women, aged fifty and upwards, who have resided in Edinburgh for at least 
two years, or are of burgess families. The unsuccessful applicants will have their petition 
returned on applying to the Ti'easurer [Town Clerk] immediately after the [election] meeting 
of Governors. The petitions not called for before the end of [March and Septejnber respectively] 
will be considered as withdrawn, and not again reported to the Governors. 



22 TRINITY COLLEGE AND TRINITY HOSPITAL. 

4. (a) If the applicant is married, state the name, age, and con- 
dition of the spouse. 

(h) If a widower or widow, give date of death of spouse. 

5. (a) In the case of a female applicant, state the name, pro- 
fession, and place of residence of her father, his circumstances in 
her youth, and the date of his death. 

(6) If the applicant is a widow, the profession and place 
of residence of her husband, and his circumstances, must be stated. 

6. (a) The children of the applicant, if any, and their names, 
ages, designations, and occupations. 

(h) State whether any children are receiving any aid from 
any charitable institution. 

7. How is the applicant at present supported, or what are his or 
her sources of income ? State the amount.* 

8. The Christian congregation with which the applicant is in con- 
nection, and how long he or she has been so.t 

9. State generally the present condition of health, mental and 
bodily. 

10. State who are the nearest relatives of the applicant, and 
what aid they afford. 

11. State any circumstances strengthening the applicant's 
claim. 

12. State whether the applicant is a burgess of Edinburgh, 
or the widow or child of a burgess, and produce the burgess- 
ticket. 



* Should it be found on enquiry that any information respecting means of support, whether 
regular or casual, has been falsely stated or withheld, the applicant will be excluded from 
benefit ; or if such be not discovered untU after admission, the person will be liable to be re- 
moved from the pension list. 

t This is to be certified by the Minister ; or if the charge is vacant, by two seat holders. 



THE NEW SCHEME OF ADMINISTRATION. 23 

Declaration of the Applicant. 

I hereby declare that, in the above answers, I have given a true 
statement of my whole circumstances, and if the Governors are 
pleased to elect me, I promise to conform to the rules made or to be 
made by them regarding pensioners. 

(Applicant signs here.) 

Certificate to he signed by two Householders. 

We believe that the answers given to the printed questions on the 
preceding page are all true ; and we hereby certify, from personal 
knowledge, after careful enquiry, that the applicant is destitute, and a 
proper object of the Charity, and is a sober, honest, and well-behaved 
person. 

(Signatures of Householders, who will please add their 
addresses and designations after their signatures.) 

Medical Certificate. 

The application must be accompanied by a Medical Certificate, if 
the applicant claims specially as an incurable. 



It will thus be seen that by the New Scheme the allowance to 
the various beneficiaries was increased by the sum of Five Pounds 
per annum, and the basis of application was made to extend beyond 
the burgess class, to which it had been limited for more than two 
centuries. 

The new proposition of the Court of Session was contained 
in the fifth regulation, which provided that any person — whatever 



24 TRINITY COLLEGE AND TRINITY HOSPITAL. 

had been their past history, in whatever part of the world the 
rest of their life had been spent, or in whatever occupation they had 
hitherto been engaged — was eligible as a candidate or applicant, 
if it could be demonstrated, to the satisfaction of the Governors, 
that they had at some time resided for two years in Edinburgh, 
and for that period had supported themselves by their own industry 
or at least without aid from any charity. 

It may be interesting, as an historical fact, to note several extracts 
from the Hospital Records of former times. There appear to have been 
admitted the following, viz. : — 

19 March 1658. — Margaret Steven, relict of James Hamilton, " sometyme 
deaken of the maissones of this burgh." 

3 June 1659. — Mr George Straitton, "son of the deceisit James Straitton, 
Wryter to the Signet." 

31 March 1708. — John Carmichael, "chyrurgeon, burgess of this city." 

3 July 1708. — Sir John Sibbald admitted. 

27 July 1724. — Mr David Fairn, "advocat and burgess." 




CHAPTER XXIX. 



CONDITIONS OF THK APPLICANTS. 




IT may be interesting to the reader to see and realise the effects 
of the Interlocutor of the Court of Session, when the First 
Division very much eularged the area and conditions of 
applicants for the Charity. 

No better illustration of the class of cases with which the Trinity 
Hospital Committee is called upon to deal, can be found than that 
which is contained in an article on the subject which the writer 
contributed to the columns of the Scotsman newspaper, and which 
appeared in that print on the 26th day of February 1894, being 
the morning of the Monday on which the Spring election for the 
Hospital bounty took place. 

On that occasion there were 338 applicants,* while there were 
only nine vacancies. Of these, three were on the higher scale ; 
and as it is usual, unless under very exceptional circumstances, 
to transfer such from the lower scale of pension, the practical 



At other times tlie number of applicants has exceeded 400. 



VOL. II. 



D 



26 TRINITY COLLEGE AND TRINITY HOSPITAL. 



effect was to make twelve changes on the roll, three of these being 
promoted to the higher pension, while nine new persons were 
added to the roll of beneficiaries. It may be stated in passing, that, 
as a rule, no one — except in the case of incurables — is preferred 
to the hio'her pension, unless he or she has attained to the advanced 
age of three-score and ten. 

Of the applicants on that occasion, 80 desired to be placed on 
the incurable class, while there were 258 general cases. The rule 
laid down by the Court of Session, as has already been seen, is 
that " one-eighth of the whole beneficiaries shall be persons 
labouring under incurable disease." These applicants are nearly 
one-fourth part of the whole. The impression has got abroad that 
incurable cases have a preference over all others. This is a 
decided mistake. In connection with the prevalent idea, it may 
be mentioned that the present list of incurables has been increased 
by eleven ordinary applicants having transferred their claims which 
they had previously placed on the general list, to that of the 
incurables ; while it is also worthy of observation that eight of 
those who apply on this occasion, did not renew their application 
at the last election. Trinity Hospital Fund is not primarily 
designed for incurables. There are other organizations in the 
City expressly founded for this class ; and not a few of the 
applicants for the Trinity Fund do not fail to record the fact in 
the schedule which they lodge, that they are participants in the 
benefits of some one of these charities. Of course, it is in the 
power of the Governors to select a larger number of incurables 
than the proportion laid down by the Court ; and as a matter of 
experience it is right to be noted, that this has been invariably the 
case up to the present time. There is no limit to the age of those 
applicants who are stated to be incurable. Hence it will be 



CONDITIONS OF THE APPLICANTS. 27 

found that there are several on the roll who have not nearly 
reached the age of fifty years. 

It used to be regarded as a great privilege, under the restricted 
class of burgess-ship, to be elected as a member on the Trinity Hospital 
Committee of the Town Council, and thereby to enjoy the patronage 
which that position implied. Only the older members of the Corpora- 
tion received this signal favour. It is otherwise now. The position 
of a member of the Trinity Hospital Committee subjects the indi- 
vidual to such an amount of worry, and time, and annoyance — not 
to speak of the importunities of the applicants and their friends — 
that it is now a difficult matter to get members of the Town Council 
to serve on the Committee. As a rule, it is the younger members 
who get elected, and they take care very soon to allege special 
reasons for disappearing from the Committee roll. 

The Incurable List. 

Of the list of applicants (incurables) there are, as we have 
seen, 80. Of these 30 are men and 50 are women. Regarding 
these it may be observed that 22 apply for the first time, being 
1 1 men and 1 1 women ; 7 apply for the second, being 2 men and 
5 women ; 9 apply for the third, being 5 men and 4 women ; 
7 apply for the fourth, being 4 men and 3 women ; 5 for the fifth, 
being all women ; 5 for the sixth, being 2 men and 3 women ; 2 for 
the seventh, being 1 man and 1 woman ; 7 for the eighth, being 
2 men and 5 women ; 4 for the ninth, being all women ; 2 for the 
tenth, being 1 man and 1 woman ; 3 for the eleventh, being 1 man 
and 2 women ; 3 for the twelfth, being 1 man and 2 women. 
Beyond this there are 4, and they are all women. They apply as 
follow : — For the fourteenth, seventeenth, nineteenth, and twenty- 
sixth time respectively. The last mentioned, who is by far the oldest 



28 TRINITY COLLEGE AND TRINITY HOSPITAL. 

applicant in respect of repeated appeals, seems not as yet to have 
had the ultimate good fortune of the importunate widow of old, 
who eventually succeeded "because of her importunity." She does 
not state her case well. Her husband was a gardener, " in poor 
circumstances." It is somewhat difficult to reconcile this with the 
order of the Court of Session, "applicants must be in decayed 
circumstances." Decayed strength or health is frequently urged as 
decayed circumstances. This is perhaps a too liberal interpretation 
of the Court's meaning, seeing that the term "circumstances" is 
qualified by the word "reduced." 

As one of the queries prescribed by the Court relates to the 
religious denomination to which the applicants belong, it may be 
stated (1) as to males, 10 belong to the Established Church, 12 to 
the Free, 2 to the United Presbyterian, 1 to the Baptist, 1 to the 
Christadelphian, 1 to the Christian, 1 to a Mission Hall, while 2 do 
not attend Church — in all, 30. Then (2) as to females, 21 belong to the 
Established Church, 13 to the Free, 6 to the United Presbyterian, 
4 to the Episcopalian, 1 to the Independent, 1 to the Wesleyan, 
1 to the Roman Catholic, 1 to the Plymouth Brethren, 2 to Mission 
Halls = in all, 50. 

Regarding the ages of these applicants, it may be mentioned 
(1) as to males, there are 3 under 50 years, 1 being 40, and 2 
being 46 years each. Those under 60 number 10, of those under 70 
there are 9, those under 80 are 4, those under 90 are 3, while one 
has reached 90 years=in all, 30. Then (2) as to females, there 
are 3 under 50 years, being respectively 35, 38, and 45 years. 
Those under 60 number 14, those under 70 are 15, those under 
80 are 18 =in all, 50. 

In regard to the classes of applicants, it may be stated as to 
the men that there is apparently only one master, a blacksmith. The 



CONDITIONS OF THE APPLICANTS. 29 

others consist of 3 shoemakers, 2 carters, and 1 of the following, 
viz. : — Architect, baker, butcher, cabinetmaker, carting contractor 
(formerly stated labourer), chairmaker, clerk, coachman, currier, gas 
collector, joiner, labourer, musician, plasterer, printer, printer's 
warehouseman, steam craneman, and tailor. There are seven who 
do not specify their occupation. 

In reference to the women applicants, there are 30 widows, 

2 wives who support their husbands, and 18 spinsters. The first 
mentioned include the widow of a master horse-dealer, a proprietor, 
a blacksmith, brewer's labourer, cabinetmaker, coachman, costume 
buyer. Excise officer, foreman mason, farm servant, French polisher, 
gardener, gas labourer, joiner, law clerk, light porter, missionary, 
pianoforte-maker, ploughman, porter, rag merchant, sailor, skinner, 
tailor, typefounder, waiter, and 2 soldiers. The spinsters include 

3 seamstresses, 1 dressmaker, 1 lodging-housekeeper, 1 machinist, 
1 bookbinder's assistant, while 9 give no information as to their 
occupation. Regarding the wives, 1 is that of a Water Trust 
officer, and the other gives no information. 

The General List. 

Turning now to the general applications, of which, as we 
have seen, there are 258, consisting of 60 males and 198 females, 
the following is the result : — 

I. (The Men.) In regard to the men, 21 apply for the first time, 
8 for the second, 10 for the third, 5 for the fourth, 5 for the fifth, 1 for 
the seventh, 2 for the eighth, 2 for the ninth, 1 for the twelfth, 1 for 
the thirteenth, 1 for the sixteenth, 3 for the nineteenth = in all, 60. 

In reference to Church, they rank as follow : — 24 to the Estab- 
lished, 13 to the Free, 8 to the United Presbyterian, 3 to the 



30 TRINITY COLLEGE AND TRINITY HOSPITAL. 



Evangelical Union, 1 to the Episcopal, 1 to the Baptist, 1 to the 
Catholic Apostolic, 1 to the Koman Catholic, 3 to Mission Halls, 5 to 
no Church = in all, 60. 

As to age, 5 are under 60 years, 25 under 70, 26 under 80, 3 
under 90, while one who applies for the first time is 91 years old, 
and is a shoemaker. 

Regarding their various avocations, the following is the result : — 
There are 2 bakers, 1 bookbinder, 2 bootmakers, 2 blacksmiths, 3 
brassfinishers, 1 brassfounder, 1 brushmaker, 3 butchers, 1 clerk, 1 
cook {chef de cuisine), 1 draper (retired), 1 draper's assistant, 1 dirk- 
handle carver, 1 engineer, 1 French polisher, 1 gardener, 1 grocer, 1 
hotelkeeper, 1 hotelkeeper (temperance), 1 iron turner, 1 joiner, 1 
painter, 3 shoemakers, 1 silverplater, 1 sizemaker, 1 smith, 1 solicitor, 
12 tailors, 1 teacher (retired), 1 tinsmith, 1 turner, 1 traveller, 1 ware- 
houseman, and 6 who do not refer to their calling=59. It will be obvious 
under this heading how the " sons of the needle " * much abound, not- 
withstanding of the existence of a special fund destined for the craft. 

II. (The Women.) As to the 198 women, widows number 150, 
wives 5, and spinsters 42 = 198. 

1. (Widows.) Regarding the widows, 46 apply for the first time, 
25 for the second, 17 for the third, 12 for the fourth, 10 for the fifth, 
7 for the sixth, 5 for the seventh, 8 for the eighth, 7 for the ninth, 2 
for the tenth, 3 for the eleventh, 1 for the twelfth, 1 for the thirteenth, 
2 for the fourteenth, 1 for the fifteenth, 1 for the sixteenth, 1 for the 
nineteenth, and one for the twentieth ^150. 



* The occupation of a tailor is always found to be pre-eminent among the applicants. 
This is easily to be accounted for. A Governor, some few years deceased, made it a strict rule 
never to put on any woman applicant. He most religiously kept his favours for old men, and 
these were invariably old tailors. He had been in his early days one himself, and had an 
inherent weakness for the cloth, or rather those who manipulated upon it. 



CONDITIONS OF THE APPLICANTS. 31 

In regard to Church they rank as follow : — 53 belong to the 
Established, 40 to the Free, 30 to the United Presbyterian, 9 to the 
Episcopalian, 4 to the Independent, 2 to the Evangelical Union, 2 
to the Baptist, 1 to the Original Seceders, 1 to the Wesleyan, 3 to 
the Catholic Apostolic, 3 to the Roman Catholic, and 2 to Mission 
Halls = 150. 

As to age, 25 are under 60 years, 80 are under 70, 40 are under 
80, and 5 are under 90. There are none above this age. 

The avocations of their husbands, as stated, are numerous and 
varied. Selecting what may be thought a superior class, we find 
an artist, S.S.C., 2 wine merchants, 1 minister, 2 missionaries, 1 
teacher, 1 coal merchant, 1 corn merchant, 1 coach proprietor, 1 con- 
tractor, 1 master baker, 4 master builders, 1 master plumber, 1 timber 
merchant, 1 master joiner, 1 cotton-yarn merchant, 2 merchants, and 
1 metal merchant. The others are as follow : — 3 bakers, 1 bank 
clerk, 1 bill-poster, 3 blacksmiths, 1 bookbinder, 1 bookkeeper, 1 
bootcloser, 1 brassfinisher, 1 brassfounder, 1 brewer's labourer, 1 
butcher, 1 cabinetmaker, 1 cabman, 1 chairmaker, 1 chimney sweeper, 
1 church ofiicer, 5 clerks, 4 coachmen, 2 compositors, 1 confectioner, 

1 commercial traveller, 1 currier, 1 cutter, 1 dairyman, 1 draper, 

2 engineers, 1 foreman (coal depot), 1 furniture dealer, 1 farm grieve, 
1 gas-burner turner, 4 gardeners, 1 gilder, 1 grocer, 1 hairdresser, 
1 hall porter, 1 hammerman, 1 hot-water engineer, 1 horse-shoer 
(City's service), 1 ironmoulder, 1 inspector, 1 joiner, 1 labourer, 1 
law clerk, 1 lamplighter, 1 lithographic artist, 2 lithographers, 1 
lithographic printer, 1 lorryman, 2 masons, 1 map mounter, 1 miller, 
1 miner, 1 museum attendant, 1 painter, 1 paper stainer, 1 piano 
tuner, 1 photographer, 1 plasterer, 1 plumber, 3 porters, 3 printers, 
1 railway porter, 1 rubber worker, 1 salesman, 1 slater, 3 soldiers, 1 
spirit merchant, 1 smith, 2 shoemakers, 9 tailors, 1 upholsterer, 1 



32 TRINITY COLLEGE AND TRINITY HOSPITAL. 

warder, 3 warehousemen, 1 watchtaaker, 1 weights and measures 
assistant, 1 wireworker. Nine give no specification of what their 
husbands were. It will be obvious from the above how tailors are 
again by far at the top of the list. 

2. (Wives.) Regarding the wives (5 in number), 1 has applied 
for the tenth time, 2 for the third, 1 for the second, and 1 for the 
first. Their ages are respectively 52, 60, G5, 74, and 75. In regard 
to Church, 1 belongs to the Established Church, 2 to the Free 
Church, and 2 go to Mission Halls. In the case of one, her husband 
has been in an asylum for eighteen years, and she and her daughter 
work for their support. In the second case, her husband is said to 
be in delicate health, but she has three sons, all above twenty-three 
years of age. In the third case, her husband is alive, but has recently 
become bankrupt, but there are five children, all arrived at maturity. 
In the fourth case, the husband does not live with the applicant, 
but there are six sons and two daughters, the youngest (a son) being 
seventeen years of age. In the fifth case, the husband has not been 
able to work for sixteen years, but he receives £12 a year from 
St Cuthbert's Combination, and applicant has hitherto been em- 
ployed as a nurse. 

3. (Spinsters.) Respecting the spinsters, of whom there are 
42, it may be stated that 7 apply for the first time, 8 for the 
second, 7 for the third, 3 for the fourth, 4 for the fifth, 3 for the 
sixth, 3 for the seventh, 1 for the eighth, 2 for the ninth, 2 for the 
tenth, 1 for the eleventh, and 1 for the fifteenth = 42. 

As to Church, 11 belong to the Established, 14 to the Free, 8 
to the United Presbyterian, 3 to the Episcopalian, 2 to the Evangelical 
Union, 1 to the Baptist, and 3 to no Church = 42. 

In regard to their avocations, 4 get "casual employment," 2 
are charwomen, 2 laundresses, 10 lodging-housekeepers, 2 officekeepers, 



CONDITIONS OF THE APPLICANTS. 33 

3 seamstresses, 3 shopkeepers, 1 straw hat maker, 1 tailoress, 1 tassel 
maker, while 13 give no information as to their employment. 

From the above statistics it will be seen that of all the applicants, 
incurable and general, that there are 248 women and 90 men. The 
larger proportion of men is in the incurable list. This will be 
obvious when it is stated that 198 women appear on the general 
list, as against 60 men, whereas on the incurable list they relatively 
stand thus — Women, 50 ; men, 30 




VOL. II. E 



CHAPTER XXX. 



THE ALEXANDER FUND REGULATIONS. 




T is a singular fact that Lord President Inglis should have 
been so very strong in his views in regard to the desir- 
ability of allowing the Alexander Fund to participate so 
largely in the ultimate benefits which accrued to the Trinity Hospital 
Funds, from the judicious investment by the Town Council of Edin- 
burgh of the Hospital's own proper money, in the purchase of landed 
property. It was so unlike the views put forward by his Lordship in 
1873, in regard to the Fettes Endowment,* when he gave his evidence 

* The funds of Fettes Hospital might have been devoted to the foundation of a Ragged 
or Industrial School. The powers given to the Trustees were wide enough to have covered 
such a benevolent appropriation of the Funds. By the will of the Founder, " his clear 
intention," as stated by the Lord President, was "to add one more to the numerous 
hospitals with which, I have no doubt, you are familiar by this time," as these have 
existed for so long in Edinburgh. He further stated that " the hospital system, as it has 
been called, had not been productive of any good, but rather of evil ; and, at all events, 
the Trustees were very clearly of opinion that even supposing it to be useful in itself, 
there were already more than enough of such institutions in Edinbui-gh, and that it was 

34 



THE ALEXANDER FUND REGULATIONS. 35 

as the leading Trustee. When he appeared before the Endowed 
Schools (Scotland) Commission (Report, page 174), his Lordship is 
reported to have stated, that his colleagues and he objected upon 
principle to the benefits being conferred on the following, viz. : — 
" such as persons of particular names, or born in particular 



not desirable to add to them." Strange to say, George Heriot's, George Watson's, Daniel 
Stewart's and the Merchant Maiden Hospitals, have, under recent legislation, all ceased 
to exist as such, while the Hospital system (with all its so-called " evil " ) is still 
maintained under the Fettes management, and that chiefly through the influence of Lord 
President Inglis. His Lordship also expressed a strong opinion in regard to "privileged 
classes, such as particular guilds or trades." But, in searching about for those on whom 
the benefits should be bestowed, he unfortunately fell into the mistake which he desired 
to avoid, by making provision for a class which could not belong either to guilds or trades. 
He says, " I refer to the case of children of persons in the better classes, — professional persons 
— persons in the army and navy, and in the learned professions, — dying prematurely and 
not leaving sufficient funds to carry out the education of their childi-en in a manner suitable 
to the life of the parents ; and also to cases in which the parents, though still alive, have 
suffered severe and unexpected losses from no fault of their own, but from innocent mis- 
fortune, and so have been rendered unable to educate their children in a suitable manner." 
His Lordship then refers as an excuse for this appropriation — or rather misappropriation — 
of the money, to the fact that, in regard to both Harrow and Rugby, the school " commenced 
with a charitable foundation, and upon this was engrafted a non-charitable educational 
institution." The boys live in the College, and the out-door boys reside in one of the 
boarding-houses. None of the boys live in family with their parents. The biographer of 
Lord President Inglis (Mr J. Crabb Watt, Advocate) says (page 309), " The College was 
embraced within the scope of the Endowment Schools Commission, but largely owing, it 
is believed, to the respect that was entertained for Inglis, the establishment was practically 
left untouched by the Commissioners." How long the Hospital system will continue to 
remain in this establishment is a question for the future to determine. It seems to be a 
somewhat strange anomaly that the accumulated hard-earned savings of a grocer in the High 
Street of Edinburgh should be devoted to the purposes to which they are now applied. But 
the best benefactors of mankind have not usually been found among the learned professions 
or the higher classes. The late Dr Thomson, Professor of Pathology in the University of 
Edinburgh, in the Return which he made to the Royal Commissioners of 1835, wrote thus 
(page 378) : — "I believe it is well known from history, that the greatest encouragers of learn- 
ing and science have not always been themselves learned or scientific men." 



3G TRINITY COLLEGE AND TRINITY HOSPITAL. 

localities." One would have thought that, holding these views, the 
benefits of the Alexander Mortification would have been sought to be 
minimised by the Court of Session, under his Lordship's presidency. 
This was all the more to have been expected, seeing that at that 
particular period, there was a strong expression of opinion put 
forth in the Imperial Parliament, that, after a lapse of half a century, 
all such endowments should undergo a careful revision. But it was 
not so dealt with by the Lord President. On the other hand, the 
pensioners under the Alexander Mortification, at the present time, — 
being all of them persons of the name of Alexander, — receive the 
largest allowance of the various beneficiaries connected with the 
Trinity Hospital administration. Each of the Alexander pensioners 
is credited annually with the sum of £27, 15s. 6d., payable bi-monthly 
in advance. The sum originally bequeathed to the Town Council by 
Mr Alexander, was only £2270, Os. 8d. The amount which the 
Court of Session, with the sanction of the House of Lords, 
eventually fixed as the sum of the capital to be applied towards 
the recipients under the Mortification is now £30,537, 19s. lOd., 
and the sum yearly paid to beneficiaries of the name of Alexander 
is £916, lis. 6d. When, however, a vacancy occurs, there is 
usually a small accumulation, until the vacancy is supplied. 
Sums of this kind go to capital. In one year, very recently, 
there was £55, lis. Od. so applied. The regulations laid down 
for the management of the Alexander Mortification are to the 
following efi'ect : — 

Eegulations. 

1. The Governors and Patrons of the Mortification shall be the 
Lord Provost and Bailies and Council of Edinburgh, and their sue- 



THE ALEXANDER FUND REGULATIONS. 37 

cessors in office, and the Ministers of the Burgh present and to 
come. 

2. All funds belonging to the Mortification shall be vested in the 
names of the Treasurer of the Trinity College Hospital, the Lord 
Provost and Bailies and Council of Edinburgh, and their successors 
in office, and the Ministers of the Burgh, present and to come, 
for behoof of the Trinity Hospital and the indigent persons after 
mentioned. 

3. The Officers of the Mortification shall be a treasurer, a clerk, 
a medical officer, and a lady visitor, and shall be the persons holding 
the like offices under the Governors of Trinity College Hospital ; and 
the funds of the Alexander Mortification shall bear a share of the 
cost of these officials in the proportion which the income of the 
Mortification bears to that of Trinity College Hospital. 

4. The free income, after meeting expenses of management of the 
fund set apart as belonging to the Alexander Trust, shall be divided 
amongst twelve beneficiaries, eight men and four women, provided it 
does not amount to more than £27, 15s. 6d. for each, being the highest 
Trinity College allowance plus one-ninth. 

5. Should the income not suffice, the number of beneficiaries shall 
still be twelve, but the allowance shall be restricted to £16, 13s. 4d. 
per annum in the cases of so many of the beneficiaries as may be 
necessary to enable the rest to receive the full allowance. 

6. In the case of the death of each beneficiary, £5 shall be allowed 
for funeral expenses. 

7. The beneficiaries shall be indigent persons of good reputation, 
who have not fallen into decay through their own vice and prodigality 
— First, Those of the kindred of Mr Alexander of Knockhill, who died 
in 1696, either upon his father's or his mother's side ; secondly, those 
of the surname of Alexander, who shall apply within three-score days 



38 TRINITY COLLEGE AND TRINITY HOSPITAL. 

next after any vacancy shall be publicly announced ; and thirdly, other 
persons qualified as aforesaid as the Patrons shall think fit. 

8. All persons bearing the name of Alexander, whether as their 
parent's name or their husband's name, shall be deemed to fall within 
the favouring clause of the bequest. 

9. The beneficiaries shall be unmarried wlien elected, and not 
under fifty years of age. 

10. Should the free income of the fund be more than sufiicient to 
provide for twelve beneficiaries on the highest scale above mentioned, 
it shall be applied to the support of additional beneficiaries ; and they 
may, at the discretion of the Governors and Patrons, be paid at the 
rate of £16, 13s. 4d., but on this condition, that there shall not at 
any time be more beneficiaries on the lower than on the higher rate. 
There shall be no restriction in respect of sex or marriage in the 
selection of these additional beneficiaries. 

11. Where a marriage occurs in the case of any beneficiary, his 
or her claim to receive the benefit of the Charity shall be reconsidered 
by the Trustees. 

12. Immediately on the occurrence of any vacancy, it shall be the 
duty of the Clerk of the Trust to advertise the occurrence of the 
vacancy once in newspapers published in Edinburgh, Glasgow, Dundee, 
Aberdeen and Dumfries, stating the preference that will be given to 
the founder's kin, and persons of the name of Alexander, if they 
apply within two months after the date of the advertisement.* 



* By decree of the Court of Session, dated 7th July 1887, on petition and application by 
the Ti-ustees of the Alexander Mortification for alteration of the above Article 12, the said 
Article is modified and altered as follows, namely :— " 12. It shall be the duty of the Clerk 
of the Trust to advertise twice in each year, in the months of June and December, the number 
of vacancies then existing in the roll of beneficiaries, and stating the preference that will be 
given to the founder's kin and persons of the name of Alexander if they apply within two 



THE ALEXANDER FUND REGULATIONS. 39 

13. It shall be the duty also of the Clerk to summon a meeting of 
the Patrons at an early date after the expiry of the said two months, 
provided any applications have been received ; and failing such 
applications, it shall be the duty of the said Clerk to summon a 
meeting on the first convenient day, and failing any applicant entitled 
to preference, it shall then be the duty of the Patrons to appoint some 
other indigent person of good reputation who has not fallen into decay 
through vice or prodigality. 

14. No pension shall be paid to, or in respect of, parties in receipt 
of parochial relief, or supported by parochial boards in lunatic asylums. 

15. Applicants not claiming on the footing of being entitled to 
a preference, must have resided in Edinburgh for two years, and for 
that period must have supported themselves by their own industry, or 
at least without aid from any charity. 

16. The beneficiaries must, after their appointment, reside in 
Edinburgh, unless they have relatives elsewhere with whom they can 
reside, and whenever for this or other special cause, which shall be 
recorded, leave to live elsewhere is granted by the Governors, suitable 
provision must be made for receiving periodical reports as to the 
condition of the beneficiaries to whom such leave is granted. 

17. The benefits of the Charity shall be forfeited by misconduct, 
of which the Patrons shall be the sole judges. 

18. A separate record shall be kept of the proceedings of the 
Trustees of the Alexander Fund and of the money transactions of 
the Trustees, in books containing no entries except those relating 
to it. 

19. The Governors and Patrons of the Alexander Fund shall, as 

months after the date of the first insertion of each of the said advertisements, which shall be 
inserted once in newspapers published in Edinbui'gh, Glasgow, Dundee, Aberdeen and 
Dumfries." 



40 TRINITY COLLEGE AND TRINITY HOSPITAL. 

soon as possible after the annual audit of their accounts, report to 
the Lord President of the Court of Session an abstract of the receipt 
and expenditure and investments of the Alexander Trust, and a list 
of the beneficiaries, their residence prior to appointment and at the 
date of their report, with their ages and the dates of their appoint- 
ment and of the vacancy to fill which they were appointed. 

Applications for the benefit of this Mortification may be made 
in a form almost identical with that proposed for applicants for admis- 
sion to the Trinity Hospital pension roll. 



The practical effect of the Interlocutor of the Court of Session 
was, therefore, not only to increase nearly fifteen-fold the sum to 
be accounted as the capital sum of the Mortification, but also to 
introduce the element of the clergy of the Established Church of 
Scotland within the City Parish, as being joint-managers along 
with the Town Council in the administration of the Alexander 
Fund. 

It is right to explain, that the Established Clergymen of Edin- 
burgh had never made any complaint on the subject. They seemed 
to have no feeling in the matter. They never sought to be partici- 
pants in the conduct of the Charity. In fact, the Reporter to the 
Court found them out, at a time when they had not the slightest 
shadow of a shade of idea on the subject. This is abundantly evi- 
dent, by a letter addressed to the late Rev. Dr R. Home Stevenson, 
of St George's Church, Edinburgh, by Ex-Professor Macpherson, in 
reply to which the former states his views thus : — 

9 Oxford Terrace, 11th March 1873. 
"My dear Sir, — On referring to the deed of Mr James Alex- 



THE ALEXANDER FUND REGULATIONS. 41 

ander, in which he bequeathed certain sums of money to be applied to 
the relief of 'indigent' persons, I have no doubt that the Ministers of 
Edinburgh are therein appointed to act conjointly with the Magistrates 
and Council of Edinburgh in the administration of the Trust. 

" The Ministers of Edinburgh under whose notice I brought the 
matter, are of the same opinion ; and although it does not appear that 
they were ever called to any meeting at which persons were elected to 
the benefits of the Alexander fund, they are unanimously of opinion 
that their right to a share in the administration is unquestionable ; and 
I am requested to intimate to you their unanimous desire, that in 
reporting to the Court on that and the other matters remitted to you, 
you would do them the favour to report this opinion, and also their 
wish that the Court would be pleased to issue such order as shall in 
future secure to them their proper rights as Patrons of Alexander's 
Grant and Mortification. — I am, dear Sir, yours most truly, 

" R. H. Stevenson. 
" Professor Macpherson." 

The Court decided that the City Clergymen of Edinburgh 
should be in future conjoined with the Town Council in the bestowal 
of the patronage of the Alexander Fund, and in the conduct of its 
financial affairs. When the subject came before the City Ministers 
it was remitted to a Committee of their number, consisting of five — 
being the five senior members — to act along with the Town Council's 
Committee in this particular matter. At first, it was agreed that the 
Corporation's Committee should consist of one-third of the Town 
Council, and that these members should be those who had to retire at 
the following November election, being at the time the oldest repre- 
sentatives for their respective Wards at the Board. While this was 
a good enough arrangement, in so far as patronage was concerned, it 
VOL. II. F 



42 TRINITY COLLEGE AND TRINITY HOSPITAL. 

was very soon felt to be defective in regard to the management and 
investment of funds, in respect that there was no continuity in the 
administration of the aflairs of so important a Trust. The Town 
Council, therefore, decided to relegate the Alexander election and 
administration to the members of the Trinity Hospital Committee as 
such ; and tliis arrangement was agreed to, and has been latterly 
maintained, and remains in existence at the present time. 

It is proper to observe that, while the Trinity Hospital Committee 
and the Committee of the City Clergy recommend the applicants whom 
they prefer to be admitted to the Charity, it is left to a meeting of the 
whole Town Council and the City Ministers to elect the beneficiaries, 
at a meeting of the whole Trustees specially summoned for the purpose. 
The amalgamation of the Clergy with the Corporation can hardly be 
recorded as a success. Not any of the Clergymen, with the exception 
of one or two of the Committee nominated, ever think of attending 
at an election. 

Another weakness of the Court Regulations cannot fail to be 
noticed. It is as follows : — (12) " Immediately, on the occurrence of any 
vacancy,* it shall be the duty of the Clerk of the Trust to advertise the 
occurrence of the vacancy once in newspapers published in Edinburgh, 
Glasgow, Dundee, Aberdeen and Dumfries, stating the preference that 
will be given to the founder's kin, and persons of the name of 
Alexander, if they apply within two months after the date of the 
advertisement." 

It will be at once apparent that, at this time of day, the founder's 
kin are nowhere. Nearly two centuries have elapsed since the death of 
the founder, and it would puzzle the brains of the most accomplished 
genealogist, for the purpose of receiving so comparatively small a 

* Vide note on page 38 wherein a slight alteration has been made as tu time of advertising. 



THE ALEXANDER FUND REGULATIONS. 43 

benefit, to trace on a family tree the propinquity of any of the 
applicants. As a matter of fact, none such ever appear to claim 
relationship. The reference to this term of the will seems to be, in 
the circumstances, utterly ludicrous. The Court might as well have 
given an instruction that a preference should be shewn to such as 
were of the lineage of Abraham, Isaac, or Jacob, provided they were 
able to prove their direct descent. 

But when we come to the family name of Alexander — that 
subject on which the late Lord President Inglis had, on principle, so 
adverse views in regard to Fettes — the case is otherwise. There are 
plenty of persons of the name of Alexander. It did not require the 
great publicity which the Court of Session ordered, to get applicants 
sufficient for the purpose. Where there is so good an estate to be 
realised, it is quite certain that the favoured few will not be long 
in claiming the inheritance. At the last election, when there were 
only two vacancies to fill up, more than thirty applicants of the name 
of Alexander appeared. There was, therefore, no difficulty experienced 
in making a selection. Several applicants for the ordinary pension of 
Trinity Hospital lodged also ajjplications for the Alexander Fund. 
They, no doubt, supposed themselves " wiser in their generation " than 
the other candidates. It was a great mistake on their part. They 
put the Governors to the expense of additional printing on their 
account, and led to a resolution being passed by the Trinity Hospital 
Committee, that in future no such general applications should be 
printed along with the Alexander applicants. Their consummate 
eagerness to avail themselves of every opportunity placed before 
them, was more prejudicial than beneficial to their interests. 

The Governors have always felt that the amount of money which 
is usually spent on advertising a vacancy (about £10) was a most 
unnecessary outlay of the funds of the Charity. Besides it brought 



44 TRINITY COLLEGE AND TRINITi' HOSPITAL. 

into the competition a class of applicants from a distance, who, when 
elected, could scarcely be said to be amenable to the regulations of the 
Hospital ; inasmuch as their circumstances did not enable them to 
come under the supervision of the Lady Visitor, who regularly every 
quarter is called upon to visit the beneficiaries, and report upon their 
condition to the Governors. There is no advertisement ever required 
for Trinity Hospital ordinary vacancies ; and yet relatively the number 
of applicants in respect of vacancies far outnumbers the proportions 
on the Alexander Koll. 

It is a singular fact that after the change in the management of 
the Alexander Fund, by the introduction of the Clergy along with the 
Special Committee already referred to (viz., the out-going Town 
Councillors for the year), nearly one-half of the whole beneficiaries did 
not reside in Edinburgh, or in any place adjacent to the City. But, 
since the alteration took place in the control, by the arrangement 
of the Trinity Hospital Committee having along with the Committee 
of the Clergy the charge of the aifairs of the Alexander Mortifica- 
tion — this state of matters is being gradually altered, and, it is to 
be hoped, improved. 



By a Minute, of date 24th August 1880, the numl)er of the 
Alexander beneficiaries was fixed by the Trustees at 33. All of 
them receive the full pension. 



The duties of the Medical Officer and the Lady Visitor are thus 
set forth by the Court of Session : — 

Duties of the Medical Officer. 
In addition to the duties generally described in the Hospital 



THK ALEXANDER FUND REGULATIONS. 45 

Scheme, the Medical Officer shall visit each of the Hospital and 
Alexander pensioners residing in Edinburgh and Leith at least once 
every year, and at other times on receiving intimation of the indis- 
position of any of the pensioners, either from the pensioner, the 
Hospital Treasurer, or the Lady Visitor. 

Duties of Lady Visitor. 

1. The Lady Visitor shall visit all the pensioners in Edinburgh 
and Leith not less than once in the course of every three months, and 
shall report on each case quarterly. 

2. Should any of the pensioners require medical attendance, the 
Lady Visitor shall intimate the case to the Medical Officer. 

3. The Lady Visitor shall, when called upon by the Governors or 
their Committee, visit or correspond with pensioners who are non- 
resident in Edinburgh or Leith ; and 

4. Shall perform such other duties as the Governors may from 
time to time consider necessary. 




CHAPTER XXXI. 



REPORT ON THE SCHEME BY THE HOSPITAL TREASURER. 




IlIEN the Interlocutor of the Court of Session came to be 
considered by the Lord Provost, Magistrates, and Town 
Council, as Governors and Administrators of the Charity, a 
remit was made on the 17th day of February 1880, to the Trinity 
Hospital and Law Committees conjunctly, to report as to the allocation 
of the Expenses of the various Law Pleas, and the state of the Funds, 
with the view of seeing in how far the new Scheme would be wholly 
or partially worked out. 

The two Committees made a remit to Mr Robert Adam, the City 
Chamberlain, in his capacity of Treasurer of the Trinity Hospital, 
to report on the subject; and at meetings held on the 10th and 
13th August, the following is the tenor of the Report of date 
31st July 1880, which was read. The Committees instructed that Mr 
Adam's Report should be submitted to the Governors. 



4fi 



REPORT ON THE SCHEME BY THE HOSPITAL TREASURER. 47 



Report by the Hospital Treasurer. 

"1. That, with the exception of the Expenses of the Pensioners, — 
Pursuers in the Action of Declarator against the Governors, — which, 
it is stated, may amount to about £300, the whole Law Expenses, 
so far as known, have now been paid, including the Lord Advocate's 
Expenses in the Court of Session as well as in the House of 
Lords ; and that as the pursuers' expenses (the accounts of which 
have yet to be taxed by the Auditor of Court) fall to be wholly 
charged against the Hospital Fund, the accounting as between the 
Hospital Fund and the Alexander Fund will not be affected by their 
payment. 

" 2. That, on Remit from the Trinity Hospital Committee, tlie 
Agent of the Hospital and the Hospital Treasurer have examined the 
statement of the whole Law Expenses, and distinguished the amounts 
falling to be allocated on the Hospital Fund and the Alexander Fund, 
in proportion to these Funds, respectively, in terms of the Interlocutor 
of 3d February last. 

" 3. That the Hospital Treasurer has framed and begs to submit 
herewith the following statements : — 

" (1.) Of the Expenses incurred and paid by the Governors of the 
Hospital as Defenders in the action mentioned, showing 
the amount thereof to be repaid to the Trinity Hospital 
Account from the Account of the Alexander Fund. 

" (2.) Of the probable Annual Revenue of the Hospital ; the 
probable Annual Expenditure for public burdens, repairs, 
and management, and the probable annual amount avail- 
able for Hospital Pensioners ; and 



48 TRINITY COLLEGE AND TRINITY HOSPITAL. 

" (3.) Of the amount of the Alexander Fund at 2d February and 
2d August 1880 respectively, and the probable annual 
amount available for Alexander Pensioners. 

"The last-mentioned statement fidls to be submitted to the 
Trustees of the Alexander Mortification (the Town Council and 
Ministers), but it may be convenient to look at the three statements 
together : — 



■'s^ 



" (1.) As to the. Law Exjwnses repayable from the Alexander 
Fund to the Hospital Fund. 

" The Alexander Trustees will be requested to authorise the repay- 
ment to the Hospital Account of the sum of £2226, 18s. lOd., shown 
by the statement to be share of the Law Expenses applicable to the 
Alexander Fund. 

" (2.) As to the prohahle annual amount available for Hospital 
Pensio7iers {as distinguished from Alexander Pensioners). 

" This statement shows that notwithstanding the larger amount 
settled as belonging to the now separate Alexander Trust, and with- 
drawn from the Hospital Funds, than was contemplated when the 
Schemes specifying the numbers of Pensions of increased amounts 
were drafted, the Free Annual Hospital Revenue may provide for the 
numbers of pensioners, and at the increased annual amounts stated in 
the Hospital Scheme, viz. : — 

100 at £15 each, amounting to . . . £1500 

60 at £25 each, amounting to . . . 1500 



160 In all, . £3000 



REPORT ON THE SCHEME BY THE HOSPITAL TREASURER. 



49 



" The present or old authorised Establishment of Pensioners is 

thus shown : — 

Total. Of which : — 

Present Establishment. On Alexander Fund. On Hospital Fund. 

Annual „ Annual -j^ Annual 

• Amount. Amount. "' Amount. 

At £10 each, 120 £1200 8 £80 112 £1120 

At £20 each, 42 840 2 40 40 800 



Totals : Present 

Establishment, 162 £2040 — 

Of which : On Alexander Fund, 10 £120 



On the Hospital Fund, 152 £1920 

" The present pensioners on the Alexander Fund may be held to 
have been withdrawn from the Hospital Pension Rolls as from 
Candlemas last, when the separate Alexander Fund was set apart 
bearing interest, and the Alexander Trustees will be requested to 
authorise the amount of the pensions for the half-year to Lammas 1880 
(amounting to £60), and a share of the General Expenses of manage- 
ment (amounting to about £40), to be repaid from the Alexander Fund 
Account to the Hospital Account. 

"The annual pensions at present payable from the Hospital 
Proper Funds are thus : — 

112 at £10 each, amounting to . . . £1120 



40 at £20 each, amounting to 



800 



152 In all, 

While the probable future E,stablishment under 
the new Scheme may be, in all, 
160 as before stated, amounting to 



£1920 



3000 



8 Pensioners. 

VOL. II. 



Increase : Annual amount, £1080 



6 



50 TRINITY COLLEGE AND TRINITY HOSPITAL. 

In both cases — in the old and in the new Establishments — the 
numbers at the higher rate of pension include pensions payable by 
virtue of presentations of beneficiaries under private rights or rights 
by purchase. The number of pensions as to which the rights of 
private patrons are exercised is at present seventeen, while twenty- 
two is the number of such pensions stated in the Hospital Scheme. 
This difference of five pensions consists of pensions the right of pre- 
sentation to which has never been exercised by the private patrons, 
or has been for years dormant. In two of these cases the Magistrates 
and Council are set down in the scheme as the patrons, and in the 
case of Gairdner's Mortification the patronage ceased for years to 
be exercised by Gairdner's Representatives ; and the Governors, with 
the view of keeping up the full number of the Establishment, made 
an appointment to supply the vacancy on the Mortification. The 
Governors may, with the same object in view, be disposed to adopt 
a similar course under the new Scheme, until the parties who may 
have special rights in regard to the two other of the five cases men- 
tioned shall be in a position to make presentations. The Establish- 
ment would thus be commenced at the fuU number, with the 
exceptions only of cases under private rights of presentation, where 
one year is required to elapse between the death of one incumbent 
and the appointment of a successor. 

"The change from the old to the new Establishment, will give 
a materially increased allowance to all the existing pensioners, for, 
as a general rule, those now receiving £10 will receive £15, and 
those now receiving £20 will receive £25 a-year. 

"In order to efli'ect the change, twenty of the present £10 
pensioners may be advanced to the £25 pension, and eight new 
appointments may be made of pensioners at £15. In making the 
change, and in new appointments, regard should be had to the 



REPORT ON THE SCHEME BY THE HOSPITAL TREASURER. 51 

condition in the Hospital Scheme, that at least one-eighth of the 
whole number of pensioners (or not less than twenty if the Establish- 
ment be fixed at one hundred and sixty) shall be persons labouring 
under incurable disease. 

"In addition to these changes, or promotions, and new appoint- 
ments, the vacancies which have occurred in the Hospital Pension 
Rolls since the election in February last, will fall to be supplied. 
At the present time the vacancies are : — 

On the higher pension, three vacancies ; but one of these 
falls to be presented to by private patrons, leaving to 
be filled up by the Governors, . . 2 vacancies 

On the lower pension, ... 2 vacancies 

Together, 4 vacancies. 

" (3.) As to the probable annual amount available for 
the Alexander Pensioners: — 

"Although the statement under this head falls to be laid before 
the Alexander Trustees, it may be noticed that while the following is 
the present Establishment of Alexander Pensioners : — 

8 at £10 each, amounting to . . £80 

2 at £20 each, amounting to . . 40 

10 Together, £120 

The probable Establishment under the 
new Scheme may be stated at : — 

33 at £27, 15s. 6d. each, amounting to . 916 11 6 

23 Pensions. Increase: Annual amount, £796 11 6 



52 TRINITY COLLEGE AND TRINITY HOSPITAL. 

" The new Scheme states that the Free Income of the Alex- 
ander Fund is to be divided amongst twelve pensioners, eight men and 
four women. The present pensioners on the Alexander Fund arc 
women, and in making new appointments, it may be proper to keep 
this requirement of the Scheme in view, so that at least eight men 
may be on the new Establishment. 

"The total probable increase of pensioners and of annual pensions 
under the new Schemes as compared with the present Establishments 
is thus shown : — 

Pensioners. Annual Amount. 

On Old Establishments, . .162 £2040 

On New Establishments, . . 193 3916 11 6 

Increase : — 

Pensioners, . . 31 

Annual amount of the Pensions, . £1876 11 6 

" With regard to the payment of the pensioners both on the 
Hospital Fund and on the Alexander Fund, the Hospital Treasurer 
begs to suggest that, as regards the existing beneficiaries, the increased 
scales of payment might be commenced as at the first pension-day in 
the financial year 1880-81, which begins in August; and that the 
dates of payment (or pension-days) should be the same for all classes 
of pensioners. Heretofore the pensioners at the higher rate have been 
paid monthly in advance — on the second Monday of every month ; and 
the pensioners at the lower rate have been paid quarterly in advance-^ 
on the first Monday of March, June, September, and December. But 
for the circumstance that the amount of the Alexander Pension is not 
suited for a quarter!)' payment (especially by remittance), the Hospital 



£2 


10 





4 


3 


4 


4 


12 


7 


Robert Adam." 



REPORT ON THE SCHEME BY THE HOSPITAL TREASURER. 53 

Treasurer would have suggested a quarterly payment of the whole of 
the pensions. He is, however, of opinion that the whole pensions 
should be paid on the first Monday of every alternate month, being the 
months of January, March, May, July, September, and November. 
The bi-monthly payments would thus be to each pensioner : — 

On the Hospital Fund, at the lower rate. 
On the Hospital Fund, at the higher rate, . 
On the Alexander Fund, 



When this Report was submitted to a meeting of the Magistrates 
and Town Council, on the 24th day of August 1880, the following 
was the deliverance thereon : — 

" The Magistrates and Council approved of the foregoing Report 
and relative Representation ; authorised the City Chamberlain to 
obtain payment from the Trustees of the Alexander Mortification, of 
the share of the law expenses applicable to the Alexander Fund, 
amounting to £2226, 18s. lOd., and also the pensions paid to the 
Alexander Pensioners from the Trinity Hospital Funds, for the half- 
year to Lammas last, amounting to £60, and a share, amounting to 
£40, of the general expenses of management for the same period ; 
approved of the proposed Establishment, and hereby fix the number of 
pensioners at 100 at £15 per annum, and 60 at £25 per annum, and 
hereby fix the first Monday of every alternate month for payment 
of the pensions, being the months of January, March, May, July, 
September, and November in each year." 



[Private Rights of Presentation. 



54 TRINITY COLLEGE AND TRINITY HOSPITAL. 



Private Rights of Presentation. 

The following is a List of those who, at the present time, hold 
private rights of presentation, stating the name of the original donor 
and the date of the benefaction. 

1. Lady Sdsan Broun Bourke, on William Brown of Dalgourie's 

Mortification, 1719. 

2. The Right Hon. The Earl of Rosebery^ on Lady Grizel 

Sempill's Mortification, 1723. 

3. The Master, Treasurer, and Assistants of the Merchant 

Company, on George Watson's Mortification, 1723. 

4. The Deacons of the Independent or Congregational Church 

in Edinburgh, at November 1882, under the pastoral care 
of the Rev. James Gregory, on Robert Murray's Mortifica- 
tion, 1726. 

5. The Incorporation of Skinners and Furriers, on John 

Wightman's Mortification, 1728. 

6. Thomas Alexander Hog, Esquire, of Newliston, on Roger 

Hog's Mortification, 1728. 

7. The Incorporation of Cordiners, on John Young's Mortifi- 

cation, 1732. 

8. The Minister of Old Greyfriars Parish, on the Rev. William 

Brown's Mortification, 1736. 

9. John Whyte Melville, Esquire, of Bennochy and Strath- 

kiuness, on Mrs Janet Melville's Mortification, 1737. 

10. The Lord Provost, the Dean of Guild, and the Treasurer 

of the City of Edinburgh, on Thomas Eraser's Mortification, 
1758. 

11. The Kirk Session of New Greyfriars, on Thomas Crockat's 

Mortification, 1765. 

12. Do. do. do. 



REPORT ON THE SCHEME BY THE HOSPITAL TREASURER. 55 

13. The Lord Forbes, on James Hunter's Mortification, 1765. 

14. The Master, Treasurer, and Assistants of the Merchant 

Company, on Beech's Mortification, 1766. 

15. The iNCor.poRATioN of Skinners and Furriers, on Mrs Janet 

Callender's Mortification, 1774. 

16. Do. do. do. 

17. The Incorporation of Skinners and Furriers, on Mrs 

Elizabeth Campbell's Mortification, 1812. 




CHAPTER XXXII. 



THE IMPORTUNITY OF THE APPLICANTS. 




OR many generations, the Hospital and its funds were devoted 
to the support of decayed burgesses, and their wives and 
children. This resolution of the Town Council dated so far 
back as from the 24th day of May 1643.* It was not by any means 
in accordance with the terms of the foundation. There seemed to be 
no such restriction in the original grant of the Crown to Sir Symon 
Prestoun of Craigmillar. It was a resolution of the Corporation, 
proceeding no doubt upon the fact that the burgesses and their 



* The following Minutes of the Town Council refer to this matter : — " 27 February 
1650. — Item, That nane be admitted to the hous but burges men or burges wyfs, single 
per.sones, and burges bairnes of guid report, at the sight of the Connsell, and be thair 
electioun." — " 20 November 1672. — ^The Councell statutis and ordaines that no married 
persons be installed as beidmen and women in the said hospitall ; and such as sail be 
installed thairin sail be ancient decayed burgeses and burgeses' relectes, and before they 
be admitted thairto, that the maisteris of the hospitall present and to come, sail tak 
exact tryall of thair lyfe, and conversatione, and necessity, and vpon thair report, then 
the said beidmen and women to bo admitted." 

56 



THE IMPORTUNITY OF THE APPLICANTS. 57 

families had rendered most important services to the community at 
large. 

But no proper reason could be adduced why the Town Council, 
in the exercise of its undoubted patronage, should not have limited 
the selection or election of the beneficiaries to the class so de- 
signated. The whole history of the Charity and its management and 
control, from the days of Sir Symon Prestoun down to the present 
time, have been in the hands of the Civic Corporation. But for their 
energy and successful control of those funds which were placed by pious 
and benevolent citizens in their hands for prudent and successful ad- 
ministration, the whole foundation might have long ago collapsed. It 
was entirely owing to their zeal, energy, and business foresight, that 
the Hospital was made a living success, and has eventually developed 
into that great and grand social Institution for good to those who in 
former times were regarded as the better classes of the community, but 
who had become poor, through no fault of their own, — that we are 
pleased to recognise in it at the present time a charity whose re- 
sources are so valuable, and confer so important a boon to a most de- 
serving class of towns-people, as ought to make our fellow-citizens prize 
the Trinity Hospital Charity, as one of our most precious heirlooms. 

That our forefathers should have selected the burgess class to be the 
favoured one for election for the special benefit, is not at all to be 
wondered at. The burgesses, under the old regime, were those whose 
duty it was to "watch and ward " the City, and to pay scot and lot for 
any necessary expenditure that was incurred for the good government 
and health of the City. In fact, they were, at that time, the merchant 
traders and the tradesmen who carried on business within the four walls 
of the town. At that period there were no monster mercantile or 
manufacturing establishments such as now exist within the municipality, 
and the days of limited liability companies were in the far-distant 

VOL. II. H 



58 TRINITY COLLEGE AND TRINITY HOSPITAL. 

future. The community consisted as a rule of the two classes referred 
to, and their apprentices who were indentured to and resided with their 
masters. These again, in course of time, usually began business on their 
own account. The resolution of the Town Council, or governing body of 
the Charity, therefore ordained that the recipients of the bounty should 
be those who were regrarded as business citizens, who had been un- 
successful in their day and generation, and the privilege was extended to 
their wives or widows and families. This rule remained in existence 
down to 1880, and as a necessary result the applicants for Trinity 
Hospital pensions were not nearly so numerous as they have become 
under the new scheme of administration. 

Under the Interlocutor of the First Division of the Court of Session, 
of date 17th February 1880, acting under a decision of the House of 
Lords, to fix a scheme for the administration of the Trinity Hospital 
and Alexander Mortification, great changes took place in regard to the 
rights of application for the benefit of the Charity. In regard to the 
Alexander Fund, it is not required that reference should be made at the 
present time. The following observations apply entirely to the Trinity 
Hospital Proper Fund. 

Briefly stated, the applicant (male or female) was required to be not 
under fifty years of age, and to be of good character ; to be in decayed 
circumstances through no personal misconduct or fault, and to have 
supported himself or herself by his or her own industry, and resided 
within the City of Edinburgh for at least two years, without aid from 
any charity. There is also the right retained to burgesses of the City, 
and to the widows and children of burgesses. This, however, must be 
regarded as an alternative qualification. 

There are, therefore, two classes ; and it is essential that both shall 
be separately dealt with. We shall take the last mentioned first, viz., 
those claiming under the burgess class. 



THE IMPORTUNITY OF THE APPLICANTS. 59 

Applications proceeding from persons having a claim under the 
old burgess roll with the heavy fees which appertained thereto, are — 
in these days — rapidly diminishing in number. As a general rule, 
such applications come from residents in the cities of Glasgow, 
Dundee, Aberdeen, and other towns and districts of Scotland, as 
well as from England and Ireland. A regulation of the Court of 
Session tends most materially to militate against such applications, 
viz. : — "The beneficiaries must, after their appointment, reside in 
Edinburgh, unless they have relatives elsewhere with whom they can 
reside, and where, for this or any other special cause, which shall 
be recorded, leave to reside elsewhere is granted by the Governors, 
on suitable provision being made for receiving periodical reports as 
to the condition of the beneficiary to whom such leave is granted." 
The difficulty of getting the information required has been long felt 
by the Governors, who, as a rule, incline to give a preference to those 
who are local applicants. Persons applying from a distance have less 
chance of succeeding. 

Another class of burgess is also fast disappearing : viz. — those who, 
under a regulation of the Town Council, were enrolled on payment 
of Five pounds sterling of burgess money to the Corporation. This 
payment was made for the ostensible purpose of obtaining for the 
children of such burgesses the privilege of being presented by the 
Governors of Heriot's Hospital as foundationers of the Institution, 
under the terms of the old dispensation, where they enjoyed the 
benefits of free board and lodging, as well as the educational and 
other advantages which were derived from the Hospital. Many 
citizens became burgesses from no other motive than the selfish one 
of obtaining the Heriot benefaction. 

But beyond these two classes of burgesses, there were also 
the provisions of the M'Laren (Burgess) Act, of 1876, wherein 



60 TRINITY COLLEGE AND TRINITY HOSPITAL. 

it was enacted that anyone (male or female) v.'ho had paid 
burgh rates for the period of three years was de facto made a 
burgess of the town. This statute was quite in accordance with 
the law which previously obtained in the various towns of England 
in regard to burgess-ship, and the late Mr Duncan M'Laren had 
little or no difficulty in getting the measure passed through Parlia- 
ment ; although it is right to observe that it has given rise to 
(juestions of considerable difficulty as to the special rights of 
burgess-ship, in so far as this class was concerned. The opinion 
of counsel learned in the law had to be resorted to, to settle the 
questions which from time to time arose. 

These various classes of burgesses, however, under the new 
scheme of the Court of Session, must be now regarded along with 
their wives and children as fit applicants for the benefit of the 
Charity, — the only regulating qualification being as to whether they 
are entitled to be elected, having a due regard to their status and 
means of subsistence, under the clause which says that they must 
be in reduced circumstances, through no misconduct or fault of 
their own. "Reduced circumstances" is necessarily a relative term, 
and is construed in a variety of ways by the applicants who from 
time to time never fail to knock at the doors of the Governors, 
and specially of those members of the Corporation who are on the 
Trinity Hosjiital Committee. 

But there is the other class which the decision of the Court of 
Session has admitted, viz. : — "Applicants must at some time have 
resided in Edinburgh for two years, and supported himself (or her- 
self) by his own industry, or at least without aid from any charity." 
This opens up the list of applicants to a large and varied class of 
persons. A few examples may suffice to make this plain. 

1. Take for instance the case of a domestic servant. She entirely 



THE IMPORTUNITY OF THE APPLICANTS. 61 

fulfils this projjosition. She may originally belong to any part of 
Scotland, England, or Ireland. She may have spent most of her days 
elsewhere than in Edinburgh. But, if she gets a situation here, and 
continues in the City for two years, receiving for her services her board 
and wages from her employer, she is quite entitled under the regulation 
above referred to, to become a candidate for the Pension List of the 
Hospital. The case of a man-servant is in the same category, and it is a 
strange fact that the members of the Trinity Hospital Committee are 
every half-year applied to by wealthy and influential citizens to get their 
old servants taken off their hands and placed upon the roll of Trinity 
Hospital beneficiaries. Now, it is proper to observe that in the case of 
female domestics, and in most cases of male servants, none of these 
have ever paid one penny in the form of taxation, or contributed in the 
slightest degree to the welfare of the City, apart from the direct service 
which they have rendered to their employers. 

2. Take another and very frequent case, viz., the daughters of a 
poor farmer in the north. They hear of this excellent fund for people 
who have been in better circumstances. The death of the head of the 
house has brought them to what may be termed a state of comparative 
impecuniosity. They come to Edinburgh with their limited means, 
and they start a boarding-house or lodging-house. They struggle on for 
a couple of years, and at the end of that period they have fulfilled the 
requisite conditions, and lodge an application for the benefit of Trinity 
fund. One sister is the applicant. Another sister applies for a pension 
from another of the Edinburgh charities. The ecclesiastical drum is 
beaten, and letters pour in from their minister and elders — all testifying 
to so deserving and clamant a case as the one on whose behalf they write 
— in fact there could not be, in their oj)iuion, any applicant that could 
possibly have a stronger case than that which they have recommended. 
The ears of the Committee are dinned by their importunity, and their 



62 TRINITY COLLEGE AND TRINITY HOSPITAL. 

time and patience get exhausted. There is, however, one thing that 
most materially militates against several of this class, viz., that the roll 
of successful applicants is published at every election time in the columns 
of the daily newspapers. This publicity serves to act as a deterrent 
to them. When they are made aware that their names and addresses 
will be known to the readers of the papers, they usually apply else- 
where, declaring that they would be very sorry that their friends and 
neighbours in the north should ever know that they had become 
dependent on public charity. They are quite prepared to accept the 
pension, but they cannot submit to having the fact made known to the 
public. This class of cases is one that frequently appears, but is rarely 
continued long on the roll of applicants. 

3. There are many others who, having failed in business in other 
towns, flock into Edinburgh to get the residential qualification, and there- 
after enter the lists. Hence the large number of those whose names 
appear every half-year on the printed list furnished to the Governors. 

4. Fully two-thirds of those who do apply are more fit subjects for 
parochial relief. The granting of a pension to such would be the 
greatest boon they ever had. They have always been poor, they have 
never been better ; and they frequently mistake decayed health for 
decayed circumstances. This is the class most difficult to deal with. 
They seem to regard Trinity Hospital as their peculiar heritage, and 
they invariably tell the Governors that they know someone on the roll 
— usually a neighbour in the same tenement — who is less deserving 
or necessitous than they. 

A glance over the list of applicants who have been married, will 
show that in the case of both the widowers and the widows, they have 
as a rule large families, most of them grown up and married, with families 
of their own to provide for. It cannot fail to be observed that there is 
a growing tendency on the part of sons and daughters to do little or 



THE IMPORTUNITY OF THE APPLICANTS. 63 

nothing towards the support of an aged parent, but rather to endeavour 
to get the public to provide for them by an appeal to the various 
charitable institutions. Filial responsibility seems to be sadly on the 
wane. There is too much tendency to trust to extraneous help, and 
to supersede individual effort. Several of the applicants for Trinity 
Hospital confess, in the filling up of their schedule, that they are 
already in the receipt of monies from one or more charitable 
institutions. 

There is no one who is so much to be despised as the person who 
systematically follows the calling of " a charity-monger." There are 
not a few of this class in the City ; and several cases have occurred in 
which such persons have been deprived of the benefits which they had, 
by the Committee of Trinity Hospital. One notable case occurred in 
the experience of the writer. She was the daughter of a well-known 
citizen. Her relatives were also well known. She got admitted to the 
benefit of the fund chiefly through the exertions of the writer. Her 
case was a very proper one for Trinity Hospital at the time of her 
application, as she was almost without any means. She was admitted 
to the lower scale of pension. Half-a-year afterwards she was found 
busily engaged in canvassing for the higher scale. But she got no 
countenance from the Governors. Three years thereafter, when a 
communication was sent to all the beneficiaries, requesting them to 
give an authenticated return of their income, and whence that income 
was derived, it was found that in the meantime she had got her name 
placed on every available benevolent fund in the City, and that she 
was in receipt of £80 per annum from charities. To the query of the 
Governors, as to whether there was any good reason why the Hospital 
pension should be continued to her, she made answer : — "I have a few 
poor relatives to whom I have to give a little help occasionally." This 
was somewhat akin to the illustration of the blind leading the blind. 



64 TRINITY COLLEGE AND TRINITY HOSPITAL. 



"\Miile the writer had pleasure in securing at first for her the benefits of 
Trinity Hospital, he had more satisfaction in the altered circumstances 
in which she was latterly placed, in having her name struck off the roll 
of beneficiaries. Another case that shared a similar fate, was the 
widow of a Free Church minister, who was in receipt of upwards of 
£100 a-year derived in a somewhat similar way. Of course these are 
exceptional cases and rarely turn up, but they serve to illustrate the 
great necessity that there is, in the management of all such charity 
funds, for a periodic return to be made to the governing body by 
the beneficiaries, to prevent similar cases of total misuse of the 
objects for which the benefaction exists. The Governors of Trinity 
Hospital are to be commended for the careful scrutiny whicli they 
exercise from time to time over the means of those who are for the 
time being the recipients of the bounty. 

The qualifications of applicants, broad though the basis be 
which the Court of Session has formulated, are in some cases very 
peculiar. One applicant rested her claim upon the fact that she had 
resided for three years with a clergyman in the City, who had died 
upwards of fifty years before she lodged her application. Many 
of them do not give that full information which the schedule desires. 
There are some applicants who profess to have no other support 
than 2s. 6d. to 4s. weekly. How they can exist on this pittance, if 
true, is a marvel. It is quite clear that such cases are more fitted 
for the consideration of the Parish Council. Others again are fairly 
well provided for, and possibly would have exhibited more taste and 
better feeling, if their names had not appeared on the List. One 
applied recently who had already an annuity of £40 a-year. Another 
had £22, 16s. per annum, a third had £26, a fourth had £28, while 
a fifth (a female) had a family of four sons, all living in house 
together, and their united wages were £200 a-year, but her desire 



THE IMPORTUNITY OF THE APPLICANTS. 65 

was "to be independent of her family." This is the want of filial 
affection and duty cropping up again. 

There is no doubt that the pension of Trinity Hospital is 
designed to be purely personal. It could not fail to be so in its 
first inception, and it continued to be so down to the time when the 
fate of the old house was sealed. At that time a residence in the 
house was the chief benefit, except for those who were in receipt of 
out-door relief. The expenses of living are continually advancing as 
the world progresses. The sum required for maintenance which was 
found sufficient two hundred years ago is totally inadequate at the 
present time. When the Alexander Bequest first came into the 
hands of the Trinity Hospital Governors, it was stipulated by Mr 
Alexander's will that "eight men and four women, or failzing the 
said number of women, als many men qualified, and applying in 
manner after mentioned, as will make up the number," should be 
received into the Hospital. In other words, there were to be twelve 
inmates under the Alexander Mortification. At the time referred 
to, the capital sum provided was £2270, 10s. 8|d. It remained 
for many years as a debt upon the Annandale and Westerhall estates, 
the original securities. Now, this sum at four per cent., which was 
a good rate of interest in those days, would have yielded as annual 
revenue, an amount equal to £96, or £8 for each inmate. It is 
quite conceivable that, according to the price of commodities and 
the plain mode of living adopted at that period, this sum may 
have sufficed. But it is otherwise now. 

When the inmates required to be removed, and to find lodging 
for themselves in 1845, the Town Council fixed the in-door pension 
at £20 per annum, and the out - door allowance or lower scale 
at £10. 

In 1880, however, when the Court of Session came to deal 

VOL. II. I 



66 TRINITY COLLEGE AND TRINITY HOSPITAL. 



with the whole affairs of the Charity, these allowances were increased. 
The Court determined that the higher scale (or in-door pension) 
should be raised to £25, and the lower (or out-door pension) should 
be fixed at £15 per annum. Provision was also made that in the 
event of the annual revenue not being able to meet the sum 
required, there should be no more presentations to the bounty 
until these arrangements could be satisfactorily completed. 

The sum of £25 being now the higher pension, and bearing in 
mind the fact that the gratuity is personal, and is not for the 
purpose of helping to support a household or family (it could not 
be so when the beneficiaries were inmates of the house) — is it not 
evident that the design of the Fund is to reach a class of society 
very different from those who, as a rule, have become the applicants 
under the new regulations of the Court of Session ? If the sum of 
£25 a-year is the allowance to be handed to the beneficiary, so 
as to be expended on his or her own person, and if the regula- 
tion be rigidly enforced as to the proper qualifications of an 
applicant, viz., that they are in decayed circumstances, through 
innocent misfortune, and through no improvidence or fault of their 
own, this would help very much to narrow the numbers of those who 
become proper applicants, and save a great deal of annoyance, 
trouble, and labour to the members of the Trinity Hospital 
Committee. 

The Governors have the selection and election of beneficiaries 
in their own hands. They are responsible for all appointments 
made. But they are not responsible for the number or the class of 
applicants. That is a matter regulated by the Court. The applicants 
obtain a printed form of schedule, which has been sanctioned by the 
Lords of Council and Session. This is to be had at the Town Clerk's 
office. They get the schedule filled up and deposited. But long before 



THE IMPORTUNITY OF THE APPLICANTS. 67 

this they have begun to canvass. Each one thinks his or her case the 
most clamant. Their friends do the same. And the members of the 
Trinity Hospital Committee have a sad time of it for at least two 
months, twice in the year, before each election takes place. The 
applicants are often barely civil. Especially is this the case with 
the class of individuals soliciting the Charity who have no proper 
claim upon it. While the canvass is going on, as many as ten or 
twelve visits are frequently paid to the members of Committee every 
day between the hours of eight in the morning and ten o'clock at 
night. The residences of the Committee members, as well as their 
places of business, are continually haunted by several of these 
applicants who even waylay members on the street, and are 
frequently much too demonstrative by their tears to be quite comfort- 
able for the feelings and possibly even the repute of an unfortunate 
Governor, who cannot explain to everyone passing by the cause of 
this sudden ebullition of emotion. 

The letters which are sent to the Members of Committee regarding 
applicants are very numerous. As a rule, from 100 to 200 are received 
by each member, depending of course upon the circle of friends each 
of the governing body possesses. Not a few of these letters require to 
be answered, involving time, trouble, and expense. One female, in the 
writer's experience, during the course of two years, by pressure on her 
friends, subjected him to the answering of ten different communications, 
— all to the same effect — that she had no claim to the Hospital bene- 
faction. Her husband died when young, and she was left with a small 
family unprovided for. They had been in good circumstances. But 
she had never resided in Edinburgh, and had no burgess or other 
qualification. Like the importunate widow in Scripture, she thought 
she would, by " her continual coming," weary the Governors. 



68 TRINITY COLLEGE AND TRINITY HOSPITAL. 

Every reason and artifice are employed by correspondents with the 
view of interesting the Governors in a case. Even the poetic muse is 
occasionally invoked, as the following lines received by the writer 

will testify : — 

A widow — you'll find her name 

Inserted in your list, sir. 
She begs me noo to speak to you 

In this case to assist her. 

She's reached the span allowed to man 

And mair, sir ; what's uncommon — 
She's got a mind, which for her kind, 

So rare, sir, found in woman. 

If you can face, and help her case, 
I'll some night drink your health, sir. 

And come what may, I'll ever pray 
May you hae health and wealth, sir. 

The members of Trinity Hospital Committee are beginning to feel 
that this curse of canvassing, as well as of letter writing, to which 
replies have to be sent, is becoming a weariness of the flesh, and if 
not put a stop to, the only alternative is an application to the Court 
of Session more clearly to define what is the particular class that ought 
to be the recipients of the bounty, and so restrict the number of the 
applicants. Some idea of the trouble which the members of Committee 
have to take, may be formed by the reader, when it is mentioned that 
there are in a normal state of matters from ten to fifteen vacancies 
twice a year, and nearly four hundred applicants. It was not for- 
merly so. The Court of Session regulations have brought about this 
state of matters. This is manifest by the fact that in August 1879, 
the number of applicants was only forty-one. 



CHAPTER XXXIII. 




ADDITIONAL BENEFACTORS. 

[INGE the Trinity Hospital building was taken down, and 
there is now no visible sign of the Charity, with the 
exception of the Reports of it which from time to time 
appear in the public newspapers, any additional benefactions to the 
funds of the Hospital are received but at rare intervals. In addition 
to two minor ones, there are three that are deserving of a special 
notice. These are : — 

1. The Lennie Trust. 

The founder of this Trust was the late William Lennie, Esq, 
of Ballochneck, and his Deed of Settlement was dated 10th May 
1852, and recorded in the Books of Council and Session on 
29th July 1852. 

Lennie was a teacher of the English language in Nicolson 
Street, Edinburgh, not far from the corner of Drummond Street. 
He was, however, far better known to the world as "Lennie, the 
Grammarian." He is so designated on the tombstone erected to 
his memory. His treatise on English Grammar was a marvellous 

69 



70 TRINITY COLLEGE AND TRINITY HOSPITAL. 

production, of which upwards of one million and a-half copies have been 
sold. It was second only to that of the celebrated Lindley Murray. 
It was in reality a philosophic and exhaustive treatise on the prin- 
ciples of grammar. Tlie science of grammar was not in those days 
taught in the same manner as it is now done in the schools. Under 
Lennie's tuition, and many of his compeers, an English sentence was 
strictly analysed by the scholar, and in parsing the various words he 
was necessitated to tell the relationship in which each stood to the 
other, under the exact rules of syntax, and was made to apply and 
quote the various rules bearing upon the subject as he proceeded. 
In a word, the same process which the tyro has to undergo, for 
instance, in construing a Latin sentence, he was made to do at that 
time as regards his own mother tongue. It was an excellent train- 
ing for the mind and the understanding. The memory and the 
judgment were both called into active exercise. The pupil came to 
understand the rationale of the subject. Lennie retired from 
teaching, after he had accumulated a handsome competency, and 
he removed to a flat on the North side of St Andrew Square where 
he died. He was buried in the Grange Cemetery. A few of the pupils 
(male and female) trained by him in his later years still survive. 

By his Deed of Settlement, Mr Lennie did not directly convey 
any of his property to the Governors of Trinity Hospital as such. 
In so far as any of his property came under the care of the Lord 
Provost, Magistrates, and Town Council, it was left to their control 
and management in their corporate capacity, to administer in accord- 
ance with his expressed desire. This is the reason why — unlike the 
Wemyss and Crighton benefactions, afterwards to be alluded to — the 
Lennie Fund has always formed, and still forms, a distinct branch 
of the municipal accounts yearly printed and published at the 
instance of the Corporation. 



ADDITIONAL BENEFACTOES. 71 

It was under the ffth head of Lennie's Deed of Settlement that 
there occurs the following: — "I direct and appoint my said Trustees, 
at the first term of Whitsunday or Martinmas that shall happen 
twelve months after my decease, or as soon thereafter as conveniently 
may be, to dispone, convey, and make over my lands and estate of 
Nether Auchenreoch and others, lying in the parish of Urr, and 
Stewartry of Kirkcudbright, as described in a disposition in supplement, 
granted by me in favour of my said trustees, dated third January, 
eighteen hundred and fifty, to and in favour of the Lord Provost, 
Magistrates, and Council of the City of Edinburgh, to be held by 
them thereafter, in perpetuity, in trust, for the ends, uses, and 
purposes after mentioned." 

These uses were (1.) To pay all burdens and taxes, and to 
execute necessary repairs, and in the last mentioned, they were 
enjoined to observe due economy ; (2.) To apply the sum of £48 per 
annum, in providing four bursaries of £12 each, to assist poor students 
in the University of Edinburgh, restricted in each case to four years' 
tenure, and only for the literary classes — the names of Lennie, Paton, 
Stobie, or Ronaldson having a preference, and after them poor lads 
from the country who have been engaged in trade, etc., and manifest 
a desire and capacity for literature — but on no account shall a Roman 
Catholic or Jesuit be preferred ; (3.) To pay over annually one-half 
of the residue of the free proceeds to the Treasurer of the Trinity 
Hospital for the time being, to pay annual pensions of £10* to persons 
solely on account of their poverty and good character (burgesses, and 
their widows and descendants being excluded), a preference being given 
to those who had seen better days, who were unmarried or widows or 



* This was the amount at that time paid to the pensioners on the lower scale, and the 
Court of Session continued Lennie's at this sum, under the new regulations. 



72 TRINITY COLLEGE AND TRINITY HOSPITAL. 

widowers, and who were 50 years of age or upwards ; also to pay 
over the other half of the foresaid residue to the Treasurer for the 
time being of James Gillespie's Hospital under certain onerous condi- 
tions — and in the event of the Governors of the latter Hospital 
not seeing their way to accept of the benefaction, the same was to be 
added to the amount bequeathed to the Trinity Hospital. 

The Governors of Gillespie's Hospital refused to accept the gift. 
The terms attached to it gave to Lennie's personal Trustees, and 
after them to the Magistrates and Town Council, a right of patron- 
age (equal to the amount bequeathed by Mr Lennie), and what 
was more, a right of interference in the regulation of the domestic 
arrangements of the House, which the Governors did not see their 
way to allow.* After providing for the £48 to be spent in bursaries, 
the free residue of the estate, fell therefore to be utilised by 
the Trinity Hospital Governors in the granting of Lennie pensions 
to poor people under the conditions previously specified. It is to 
be noted that while a preference had to be given, in the case of the 
bursaries, to young men of certain family names, no such instruction 
is applicable in the case of the pensions. 

The lands of Auchenreoch were not the only subjects conveyed 
by Mr Lennie ; because, under the sixth head, in conveying the 



* This will be readily understood, when he stipulated that his gift was granted " with the 
view of enabling the Governors thereof to extend the benefits of that institution, but that 
only on condition that the Governors shall cause the bedrooms of the whole inmates of the 
said Hospital to be properly heated, either by fires or other heating apparatus, during such 
periods of the year as may be necessary for the comfort of the aged inmates of that institution, 
and at all events from the fifteenth day of October to the fifteenth day of May in each year ; 
and this shall be done at the sight and to the satisfaction of my said trustees while the trust 
continues to exist, and afterwards at the sight and to the satisfaction of the Lord Provost, 
Magistrates, and Town Council, who are hereby charged with seeing this provision and 
condition strictly carried into effect." 



ADDITIONAL BENEFACTORS. 73 

estate of Ballochneck in Stirlingshire, he burdened the said estate with 
a perpetual bond of £200 per annum, to be paid by the proprietor in 
all time coming to certain annuitants whom he specified in his Deed 
of Settlement ; and after their respective deaths, the whole amount, 
or part thereof, as the case may be, fell to be paid to the Lord Provost, 
Magistrates, and Town Council of Edinburgh, one-half of which sum 
was directed to be given to Trinity Hospital and the other half 
to Gillespie's Hospital, under the conditions previously stated. The 
Gillespie Governors refused likewise this benefaction, so that the 
whole of this £200 became ultimately vested in the Lord Provost, 
Magistrates, and Town Council for the Trinity Hospital purposes. 
All the original annuitants on this benefaction are now dead, with 
the exception of one old lady who still draws her £40 per annum. 
The amount at present received by the Town Council from the pro- 
prietor of Ballochneck Estate is, therefore, £160 yearly. 

The Court of Session when dealing with the Trinity Hospital 
and the Alexander Funds passed the following Regulations for the 
administration of the Lennie Pension Fund, viz. : — 

Regulations. 

1. Petitions must be lodged in the City Clerk's Office, City 
Chambers, during the months of January and July respectively, and 
Schedules of Application are given out only during these months. 

2. The beneficiaries are to be selected solely on account of their 
poverty and good character, a preference being always given to those 
who have seen better days and are either unmarried or widows, or 
widowers who are fifty years of age or upwards ; and the benefaction 
is not to be given to burgesses or their widows or descendants while 
there are other parties claimants of the class above indicated. 

VOL. II. K 



74 TRINITY COLLEGE AND TRINITY HOSPITAL. 

3. They must be of good reputation when appointed ; and main- 
tain their character. 

4. They must be in decayed circumstances, and not from their 
own improvidence or misconduct. 

5. The beneficiaries must, after their appointment, reside in 
Edinburgh, unless they have relatives elsewhere with whom they 
can reside, and where, for this or other special cause, which shall 
be recorded, leave to reside elsewhere is granted by the Governors 
on suitable provision being made for receiving periodical reports as to 
the condition of the beneficiary to whom such leave is granted. 

6. The pension is at the rate of £10 per annum. 

7. No pension shall be paid to, or in respect of, parties in 
receipt of Parochial Relief, or supported by Parochial Boards in 
Lunatic Asylums. 

8. The benefits of the Charity shall be forfeited by misconduct, 
of which the Governors shall be the sole judges. 

9. In every case of death of a beneficiary a sum of £5 will be 
allowed for funeral esjjenses.* 

For a considerable number of years, the greater portion of the 
Lennie benefaction was managed by the personal Trustees under his 
will. This exercise of patronage was liable to abuse. In one case, one 
of the Trustees nominated himself, and eventually he appointed his wife 
and two daughters. All four participated in the pension list. But in 
course of time they died out, not without an attempt on the part of 
the surviving trustee, who had been wrongously assumed, to perpetuate 

* The Hospital Treasurer will make payment of the fixed allowance to the person 
making intimation of the death in writing, on production of a certificate or extract of 
the death from the Eegistrar or by a medical man, and on the return of the pension card 
issued to the beneficiary. 



ADDITIONAL BENEFACTORS. 75 

the Trust. The Town Council disputed the right of assumption. The 
matter went into Court with the following result : — 

By interlocutor of the Court dated 16th October 1890, the Lord 
Ordinary (Kinnear) found that the defender, Mr Ronaldson, has no 
right or power to nominate or appoint any person or persons, to receive 
any Pensions payable under Mr Lennie's Deeds of Settlement, out of 
the proceeds of the Lands of Nether Auchenreoch, or out of the said 
Annuity of £200, secured on Ballochneck Estate, and that the pursuers 
(the Lord Provost, Magistrates, and Town Council of Edinburgh) have 
the sole right and power to nominate the persons from time to time 
entitled to receive the said Pensions ; and further, that the Owner of 
the said Estate of Ballochneck is bound to pay to the Lord Provost, 
Magistrates, and Town Council annually, out of the Rents and Profits 
of the Estate, the said Annuity of £200, or such portion thereof, as 
shall from time to time remain, after paying the Annuities directed by 
Mr Lennie to be paid to the persons named in his testamentary writings 
during their survivance [Act of Council, No. 21, of 28th October 1890]. 

There are still three beneficiaries on the Trinity Hospital roll, who 
were placed there by Mr Lennie's personal Trustees, all the others have 
been elected by the Governors of Trinity Hospital. There are in all 
eighteen pensioners on the fund ; but, on the death of the lady 
annuitant, who has £40 per annum from the Ballochneck proprietor, 
there will fall to be added other four pensions of £10, making in all 
twenty-six beneficiaries. 

2. The Wemyss Trust. 

Mr Andrew Wemyss was a trunk and portmanteau manufacturer 
in Edinburgh, and resided at No. 26 St James Square. He filled the 
offices of Town Councillor, Treasurer, and Lord Dean of Guild re- 
spectively. He died on 7th April 1858. 



76 TRINITY COLLEGE AND TRINITY HOSPITAL. 

By his Trust Disposition and Settlement, dated 16th February 
1858, with concurrence of Mrs Mary Thomson or Wemyss, his spouse, he 
disponed to his spouse in liferent, and the Lord Provost, Magistrates, 
and Town Council of the City of Edinburgh, the Governors and 
Administrators of the Trinity Hospital in Edinburgh, as Trustees for 
executing the Trust thereby conferred, in fee, all his heritable and 
moveable estate, under burden of the payment and application of 
certain sums, and directed that after the death of his spouse, his 
Trustees should hold the residue of his estate as Governors and 
Managers of Trinity Hospital, and should apply the annual revenue 
arising therefrom, " for and towards the maintenance and support of 
decayed Merchants or Tradesmen, who have carried on business within 
the Municipal Boundaries of the City of Edinburgh, for at least ten 
years, or the Widows of such Merchants or Tradesmen, and that among 
so many, and in such proportions and payments to each, as they shall 
see fit, but always on the express condition, that the parties to be 
benefited shall be of strictly moral character, and of fifty years of age 
and upwards." 

The Stock of the Trust consisted of Heritable Subjects, Shares of 
Public Companies, and the balance in Bank, in so far as not belonging 
to the Liferentrix, etc. 

The amount was set down at £6640, 2s. lid., at 15th September 
1862. It is proper, however, to state that it was subject to certain 
legacies, which amounted in all to £215. 

The Liferentrix (who was also a Trustee in liferent) managed the 
heritable property, and uplifted directly the Rents thereof, and the 
Dividends on the Shares in Public Companies and Undertakings, the 
Certificates of Stocks and Shares and other Securities being in possession 
of the Town Clerk. From September 1862 to September 1891, the 
accounts of the Hospital Treasurer were limited to his actual intromis- 



ADDITIONAL BENEFACTORS. 'Jl 

sions from year to year, with Mr Wemyss' Trust Funds, as shown in 
the annual Municipal Accounts of the City. 

Mrs Mary Thomson or Wemyss, the Liferentrix, died at No. 1 
Walker Street, Edinburgh, on 23d November 1891, and the Lord 
Provost, Magistrates, and Town Council thereupon entered upon the 
full management of Mr Andrew Wemyss' Trust Estate. 

The Trinity Hospital Committee, following out the instruction of 
the Court of Session, resolved that all the beneficiaries should receive 
the lower or out-door scale of pension, viz., £15 per annum. There are 
now thirteen pensioners on the Roll, who participate in the Wemyss 
legacy. 

3. The Crighton Trust. 

The late Mr James Crighton, who resided at No. 16 Dean Terrace, 
Edinburgh, and who was for many years a member of the Town 
Council of the City, and who was, at the time of his death, which 
occurred on the 1st day of December 1889, Convener of the Trinity 
Hospital Committee, left a legacy in favour of the fund over which he 
had for several years presided. He had been a member of the Corpora- 
tion for thirty-three years. By his Trust Disposition and Settlement, 
in a codicil attached thereto, dated 21st November 1889, which Deed 
of Settlement was registered on the 7th December 1889, — he made 
bequest of £5000, in the following terms: — "At the first term of 
Whitsunday or Martinmas, which shall happen two years after my 
death, or earlier in the discretion of my Trustees, should they be in 
funds, I direct my Trustees to pay to the Trinity Hospital, Edinburgh, 
a Legacy of the sum of Five Thousand Pounds sterling, free of legacy 
duty and other charges, which sum or investments thereof shall be 
held by the Governors of said Hospital, as a Fund, from the interests. 



78 TRINITY COLLEGE AND TRINITY HOSPITAL. 

dividends, or other yearly produce of which, in all time coming, shall 
be paid yearly pensions of Fifteen Pounds each, with Five Pounds 
of funeral money, at the death of each pensioner, to twelve deserving 
poor persons, male or female, or such other number, more or less, 
as the free income of the said Fund shall from time to time allow, 
said persons being not under seventy years of age, and to be selected 
by the Governors from the list of qualified applicants for pensions 
from Trinity Hospital, made up by the Governors from time to time, 
and which pensions shall be known or designated as " Pensions under 
the Crighton Trust." 

This Legacy was received from Mr Crighton's Trustees and 
Executors on 7th January 1891. On 8th September 1891, the Lord 
Provost, Magistrates, and Town Council, as Governors and Adminis- 
trators of the Hospital, appointed eight pensioners under Mr Crighton's 
Trust ; and the first payments to them appear in the printed Municipal 
Accounts for the year 1891-92. Two pensioners were afterwards added. 
There are, therefore, now ten beneficiaries on the foundation. 

Smaller Donations. 

1. On the 11th day of August 1890, — the Lord Provost, Magis- 
trates, and Council received, through the hands of the Town Clerk, 
from Mr Councillor Henry Doig, J. P., 80 George Street (per Messrs 
Auld and Macdonald, W.S.), as a Donation from the Executry Funds 
of Mr Doig's late wife, Mrs Elizabeth Jennings Bradford or Doig, 
to the Capital Funds of Trinity College Hospital, being the proceeds 
of a small property which Mrs Doig had acquired by bequest, and 
with reference to which she had expressed the wish to her husband, 
that it might in some way be applied, so as to be permanently useful 
to the deserving poor — which donation Mr Doig considered it to 
be his duty to entrust to the Governors of Trinity Hospital, the 



ADDITIONAL BENEFACTORS. 79 

pensioners of which are chosen from the class Mrs Doig desired to 
benefit. The sum of the benefaction was £200 sterling. 

2. On the 12th day of April 1893,— George Whigham, solicitor, 
John Murray, stationer, and Andrew Isles, leather merchant, — the 
Trustees of the deceased Miss Marion Miller, who resided at No. 4 
Melville Terrace, Edinburgh — acting under her Trust Deed and Settle- 
ment, dated 7th August 1888, and Codicil thereto, dated 20th June 
1890, and various holograph testamentary writings, — all registered 
in the Books of Council and Session, 25th January 1892, and various 
other writings of a testamentary nature, all registered in the Court 
Books of the Commissariat of Edinburgh, 11th May 1892 — the amount 
of legacy left and bequeathed by the said Codicil of 20th June 1892, 
to the Trinity Hospital, Edinburgh, per receipt of this date, which 
receipt is preceded by Excerpts from the Codicil and Testamentary 
Writings executed by the Testator (who died on 16th January 1892), 
showing the interest of the Trinity Hospital in her said estate, and 
note of admission, on 8th March 1892, of Helen Gilchrist Kinross 
(mentioned in the excerpts), to the benefits of the Trinity Hospital 
(through Messrs Whigham and Cowan, S.S.C, agents for Miss Miller's 
Trustees). The sum of the benefaction was £100 sterling. 

It is right to state that Miss Miller's bequest was cumbered with a 
condition that her maid servant, Helen Gilchrist Kinross, should be put 
on the Trinity Hospital Eoll of Pensioners. The Governors felt that 
they were not in a position to comply with such a request, as it might 
form a very awkward precedent. At the following election, Kinross 
was admitted to the roll unconditionally. She was labouring under 
incurable disease, and had been so for a considerable time. The 
bequest was then paid to the Governors, and she died in the Incurable 
Hospital within three months thereafter. 

It will thus be seen that, since the building of the Trinity Hospital 



80 TRINITY COLLEGE AND TRINITY HOSPITAL. 

has disappeared from public view, very few benefactions have been 
received by the Governors. If the will of Lennie, the Grammarian, be 
excluded, it cannot fail to be observed that all the others have been 
derived more or less from those who were directly connected with the 
Town Council of Edinbursfh. This fact is sufficient to show on the 
part of the donors a warm appreciation of the good eifects of the 
Trinity Hospital Charity, properly administered, by those who have 
freely given a helping hand in its management, and who have conse- 
quently realised personally the great boon which such a fund confers 
upon many deserving citizens. 




CHAPTER XXXIV. 



CONCLUDING OBSERVATIONS. 




INCE the year 1820, two important changes have taken place 
in regard to the management of the affairs of the Charity. 
These are in reference to — 



1. Private Rights of Presentation. — Most of these rights of 
presentation were purchased during the last century. Of the seventeen 
which are still operative, only one, viz., Mrs Campbell's Mortification, 
belongs to the present century (1812). All the others date from 1719 
to 1774. A payment of £300 gave the donor the right to present a 
member of the burgess class, while a payment of £350 conferred on the 
purchaser an unrestricted presentation. The right of presentation in 
both cases descended to their heirs. These rates were in existence 
before 1730, and continued down to 1797, when they were raised to 
£350 and £400 respectively. 

For about fifty years, the terms upon which the Town Council 
accepted a sum for a Gift of Presentation, seemed from time to time 
to be subject of consideration and report by the Governors, as the 
following extracts from the Minutes will testify : — 

VOL. II. ^^ L 



82 TRINITY COLLEGE AND TRINITY HOSPITAL. 

"28th August 1771. — Bailie Wright, from the Committee on the 
Trinity Hospital affairs, to whom the proposal from the Merchant 
Company for purchasing a Right of Presentation to the Trinity 
Hospital was remitted, reported that they had caused make a calcu- 
lation of the expenses of maintaining a member thereof upon a medium 
of the annual expense for the last six years preceding the first 
November 1770, and find it to be fifteen pounds, nineteen shillings 
and sixpence sterling, per annum. That at present a Right of Pre- 
sentation of a Burgess (such as that now proposed to be purchased) 
is rated at Two Hundred pounds sterling of purchase money, and one 
as large as (£250) Two Hundred and Fifty pounds. From whence it 
is evident that the Hospital must lose upon every Presentation they 
sell at this rate, especially considering that no more than four per cent. 
can be had for money lent for any length of time, payable half-yearly, 
which the Hospital's afi"airs require ; and, therefore, were of opinion 
that before disposing of these Presentations, the Council should fix 
such a price thereof as is adequate to the annual maintenance of the 
Presentee."- — {Hospital Records, vol. v. page 21.) 

" 25th March 1772. — The Magistrates enacted and statuted, in 
terms of the Report of a Committee, by which they ' did find that 
neither the interest of Two Hundred pounds for a restricted Presenta- 
tion, nor the interest of Two Hundred and Fifty pounds, for a 
Presentation at large formerly paid for Rights of Presentation to 
the Hospital, are adequate to the present expense of maintaining a 
member therein, and therefore were of opinion that the Council, as 
Governors of the Hospital, should for the future fix and settle the 
same in manner following, viz. : — for a Right of Presentation at large 
Three Hundred and Fifty pounds, and for a restricted Presentation, 
to wit, for a burgess or gild brother's widow or child Three Hundred 
pounds, and the Committee were further of opinion that the Statutes 



CONCLUDING OBSERVATIONS. 83 

of the Hospital should be reprinted with the above alteration.' . . . 
' Further, the Committee were of ojiinion that the Council should 
appoint the purchase money of a patronage to be advertised in the 
newspapers, and also to be printed on a board over the Hospital gate, 
as the Report under the hand of the Committee bears. Which being 
considered by the Magistrates and Council, they with the Extra- 
ordinary Deacons, approved of the said Report, and did, and hereby 
do, enact, statute, and appoint accordingly.' " — [Hospital Records, 
vol. V. page 45.) 

" 17th May 1797. — A representation was read, which bore : — That 
it is now found that the interest arising from the above sums is 
inadequate to the expense of supporting a member in the Hospital 
at present, owing to the prices of all the necessaries of life, and after 
consulting the Treasurer of the Hospital, the representer was of opinion, 
and moved that the Governors should pass an Act declaring and ordain- 
ing that in future the sum to be paid for a Presentation at large shall 
be the sum of Four Hundred pounds sterling, and for a restricted 
Presentation, to wit, for a burgess or gild brother, or burgess or gild 
brother's widow or child, the sum of Three Hundred and Fifty pounds 
sterling. Which representation and motion having been seconded, 
the same was unanimously approved of, and the Council ordained that 
the respective sums before mentioned shall be paid for Rights of Pre- 
sentation to the Trinity Hospital, from and after this date, and 
that this Act shall continue in force until the same shall be altered 
by the Magistrates and Town Council." — [Hospital Records, vol. vi. 
page 352.) 

No other change took place until there was another opportunity 
taken to revise the Statutes of the Hospital, on the 22d day of January 
1821, when the unrestricted Presentation was increased to £450. It 
was, however, not taken advantage of. There are now no private 



84 TRINITY COLLEGE AND TRINITY HOSPITAL. 

rights of presentation ever proposed, and it is very questionable if the 
Governors would accept of such, even if offered.* There are in the 
present day so many other modes, by purchase of an annuity, etc., that 
no difficulty arises by way of making provision for any person in whom 
one is interested in their declining years. 

That the Governors of the Trinity Hospital should have found 
difficulty in making ends meet, in consequence of the enhanced price 
of provisions, is not at all to be wondered at. It has now become 
well known, through the Letters of Theophrastus,t that between the 
years of 1763 and 1783, there was a remarkably striking difference in 
the external appearance of Edinburgh, and also in the mode of living 
and the manners of the people. Indeed, it was remarked that the 
change was so great as not to have been equalled in any city of 
Europe, or even — taking all the alterations together — in the same 
city for two centuries previously. It was calculated that during these 
twenty years, Two Millions of money had been spent upon buildings 

* It is right to notice before passing from the question of Presentations, that on the 24th 
day of February 1731, the Town Council resolved upon a more limited Eight of Presentation 
than has been alluded to. The minute is to the following effect: — "And considering that 
severall weil disposed persons, from a pious and charitable disposition, may inclin to purchase 
a priviledge of one nomination of a man or woman to be presented to the Trinity Hospital, 
raither than to go to the full length of a purchase of a right to present, wliereby the funds of 
the Trinity Hospital may in time be considerably increased. Therefore they do heu'by 
staitut and ordain that heirafter the donor to the said Hospital of the sum of One Hundred 
pounds sterling, at leist, shall be intituled to a priviledge for once, and no oftner, of 
nominating to the Council a man or woman not under the age mentioned in the Statut 
unmarried, and of a sober life and conversation, whom the Council shall be obleidged to 
present to the said Hospital, notwithstanding the man be not a burges, or the woman shall not 
be a relict of, or a daughter to a burges, to be maintained in the said Hospital duieing all the 
days of his or her natural life, and appointed this to be entered in the said statuts as the 

cheyster." It is not on record whether this proposal was ever taken advantage of. 

t " Theophrastus " was understood to be Mr William Creech, the eminent bookseller 
and publisher, who was Lord Provost of the City in 1811-12. 



CONCLUDING OBSERVATIONS. 85 

alone. In 1763, people of quality and fashion lived in houses, which 
in 1783 were inhabited by tradesmen and people in humble and 
ordinary life. The author of the Letters refers to the fact that the 
Lord President Craigie's house was found after the two decades to be 
" possessed by a Rouping-wife or Sales-woman of old furniture, — and 
Lord Drummore's house was lately left by a Chairman for want of 
accommodation." All this was sure to beget a far higher style of 
living, and pointed out the rapid progress of commerce and luxury. 
With neither canals nor railways, the supply of the necessaries of life 
was sure to be somewhat contracted, and as a result high prices could 
not fail to obtain, 

2. Disposition (Omnium Bonorum). — From a very early date, the 
Governors of Trinity Hospital were in the habit of exacting from the 
Beneficiaries of the Hospital, what is known in legal phraseology as a 
Disposition Omnium Bonorum,. By this deed, the various beneficiaries 
were made to Assign, Dispone, Convey, and Make over, to and in favour 
of the Treasurer of the Hospital for the time being, and his successors in 
office, in name and for behoof of the said Hospital, the whole heritable 
and moveable means and estate which at the time pertained to them : 
Surrogating and substituting the said Treasurer and his foresaids, in 
name and for the use and behoof of the said Hospital, in their full right 
and place of the premises for ever : Receipts and Discharges to grant 
in whole or in part, which should be sufficient to the receivers, and 
generally every other thing in the premises to do which the Granter 
could have done, himself or herself, before the granting hereof : And 
further, the Granter, in terms of the statutes of the said Hospital, 
bound himself (or herself), his heirs, executors, and successors whom- 
soever, in the event of the Granter's succeeding to any heritable or 
moveable estate, at any future period of his life, to assign, dispone. 



86 TRINITY COLLEGE AND TRINITY HOSPITAL. 

and convey over to the Treasurer of the said Hospital for the time, at 
least so much thereof as would completely reimburse the said Hospital 
of every charge and expense its Revenue might have been put to on 
his account, aud that immediately upon his (or her) succeeding to, 
or acquiring any accession of fortune, whether heritable or moveable ; 
viz. : — All and Sundry Lands and Heritages ; and, in general, the 
whole estate, heritable and moveable, real and personal, of what kind 
or denomination soever or wheresoever situated, at present belonging 
and addebted, or that shall belong and be addebted, to him (or her) at 
the time of his death ; together with the whole vouchers and instruc- 
tions, writs and evidents of, and concerning his said estate, with all 
that has followed or may be competent to follow hereon ; Providing 
and Declaring always that the said Treasurer and his foresaids should 
account to the Granter's heirs and assignees for the residue of said 
estate, after reimbursing the said Hospital of every charge and expense 
which its Revenue might have been put to on the Granter's account. 
The Treasurer of the Trinity Hospital was, by the said Deed, nominated 
and appointed for the time being sole executor of the Granter's estate, 
with full power to intromit with his (or her) whole moveable estate, to 
give up inventories of the same as were competent in the premises. 
Consent of the Granter was also given, for having the deed registered 
for preservation and execution. 

The first minute of the Town Council regarding this matter is 
dated on the 10th day of April 1700, and is as follows : — 

"The same day Bailie Ferguson reported from the Committee 
anent the affairs of the Trinitie Hospitall, that the Committee had 
prepaired the following resolutions, which they desyred him to report 
to the Councill. (1°°) That all persones who come into the Hospitall, 
or that are in it already may be obleidged by the Councill's Acts, 
to dispone all goods and gear they have at their entry, or that they 



CONCLUDING OBSERVATIONS. 87 

shall aequyre dureing their abode yrin (the chaplain and goodwife 
excepted), for the use and behooff of the said Hospitall, and give 
up a true Inventar of the same." — (Council Records, vol. xxxvi. 
page 511.) 

Another minute bearing upon the same subject is to the following 
effect : — 

" That in future each member, previous to his or her admission 
to the Hospital, should not only continue to grant a Disposition 
omnium bonorum in favour of the Hospital, of every thing they 
are possesst of, previous to their admission as at present, but that 
in the same deed they should bind and oblige themselves, in the 
event of their succeeding to any heritable or moveable subject other 
than what they are possesst of at the period of their admission, to 
assign and dispone at least so much thereof as will completely re- 
imburse the Hospital of every charge and expense its revenue may 
have been put to, on such member happening to succeed to or acquire 
any future accession of fortune, whether heritable or moveable ; and 
upon refusing to comply with the above, such person or persons 
should forfeit the benefit of the Hospital, and be dismissed therefrom, 
and that in their stead, needy persons should be admitted from time 
to time. And the Committee are also of opinion, that this Regulation 
should be intimated and read to every person who shall in future 
obtain the benefit of the Hospital, previous to such admission takino- 
place : It being always understood that this Regulation is meant to 
extend to those to be admitted by the Governors on the Buro-ess 
Fund, and not to affect persons admitted in consequence of Presenta- 
tions from the Representatives of those who purchased Rights of 
Presentation." — {Hospital Records, vol. vi. page 273.) 

It will be observed that the Regulation referred to had no appli- 
cation to the case of those who were from time to time in the receipt 



88 TRINITY COLLEGE AND TRINITY HOSPITAL. 

of out-door relief. It was only applicable to those persons entering 
the Hospital as a permanent place of abode, so long as they were 
in this world. 

For a good many years back, the Disposition omnium bonorum 
has ceased to be exacted from those who were in receipt of the in-door 
pension, or higher scale. The new scheme entirely ignores it. The 
enquiry which is instituted every three years into the means of liveli- 
hood of all the beneficiaries is now the sole test which the Governors 
adopt, to take into their earnest consideration as to whether the 
payment of pension is to be continued to the beneficiaries. 

It may be gratifying to the Governors and the public at large 
to know the opinion of the Lady Visitor, who keeps in close touch 
with the beneficiaries, and who as a rule visits the various pensioners 
every quarter, and who from time to time reports to the Committee 
regarding them. In a letter which the writer recently received from 
her, she says, — " I have gone most carefully over the Roll lately, 
owing to letters published in the newspapers, and I cannot name 
anyone unworthy of the pension. ... I can only repeat what I 
have so often said in my Reports, that I observe a marked improve- 
ment, as years go on, in the pensioners and their homes. Some of 
their little homes — single rooms only — are perfect pictures of cleanli- 
ness and neatness. . . . One particularly interesting old woman was 
recently elected. She is in her ninety-seventh year. It was her first 
application for relief of any kind. She is most industrious, and works 
for bazaars. Ladies are glad of a piece of work done by one of this 
great age. She is now embroidering a child's dress." 

It is right to observe that any case reported to the Committee 
as undeserving, even although it proceed from an anonymous letter, 
is made the subject of searching examination and report. In such 



CONCLUDING OBSERVATIONS. 



89 



cases, however, it has been usually found that the complaint pro- 
ceeded from what one of our most popular lady authors of the present 
day, in a recent novel, describes as " the small spites and envies of 
the malicious and unsuccessful." 

It may be interesting to the reader to know the respective ages 
of the various beneficiaries who have been selected by the Governors 
and are now pensioners on the Hospital's Funds. It is proper to 
explain that those who are on the list of private foundations are not 
required to state their age. The same rule holds good also in regard 
to those who were presented by the private Trustees of the late Mr 
Lennie. There are, therefore, only 287 persons at present on the 
roll regarding whom the information can be afforded. None are 
eligible under fifty years of age, unless they are labouring under 



incurable disease. 


In the case of the latter 


there 


is no limit 


as to i 










Male. 


Female. 


Total 


Between the ages of 20 and 30 there 


is 


— 


1 


1 




30 and 40 there 


are 


2 


1 


3 




40 and 50 






3 


— 


3 




50 and 60 






5 


21 


26 




60 and 70 






16 


79 


95 




70 and 80 






20 


90 


110 




80 and 90 






17 


28 


45 




90 and 97 






— 


4 


4 






Totals 




63 


224 


287 



It will thus be seen that females largely predominate. The ad- 
vanced age which many of them arrive at, would almost lead to the 
conclusion that their annuity is a health-giver and life-sustainer. 



It is now desirable to refer to the present Annual Revenues of 
the Trinity Hospital, and to the amount expended by the Governors 

VOL. II. M 



90 



TEINITY COLLEGE AND TRINITY HOSPITAL. 



upon Pensioners and on the management of the Trust. The following 
is an Abstract Statement of the Ordinary Annual Revenue and Ex- 
penditure of the Hospital and the other Trusts in connection therewith 
as at the close of the year 1896, viz. : — 



REVENUE. 



Feu-duties, Kents, Casualties, etc. , . 
Interest on Investments, Loans, etc., 
Miscellaneous, .... 

Totals, . 



Pensions 

Salaries of Medical Officer and Lady 
Visitor, ... 

Management, Repairs and Public 
Burdens, .... 



Stirphis of Ordinary Revenue avail- 
able for payment of Casual or 
Capital Expenditure, 

Deficiency of Ordinary Revenue, 

Totals, . 



Trinity 
Hospital. 


Wemysa' 
Trust. 


Crighton'8 
Tiust. 


Lennie's 
Trust. 


Alexander's 
Mortification. 


Total. 


£ 
4,850 


£ 
110 


£ 


£ 
150 


£ s. d. 


£ 

5,110 


». d. 



1,000 


•220 


145 




970 


2,335 





180 


10 


5 


160 


40 


395 





6,030 


340 


150 


310 


1,010 


7,840 






EXPENDITURE. 



Trinity 
Hospital. 


Weniyss' 
Trust. 


CriKliton's 
Trust. 


Lennie's 
Trust. 


Alexander's 
MortiBcation. 


TOTiL. 


£ 

4,3.35 


195 


£ 
150 


£ 
ISO 


£ 8. d. 

916 11 6 


£ s. d. 

5,776 11 6 


180 


10 


5 




30 


225 


900 


75 


10 


125 


GO 


1,170 


5,415 


280 


165 


305 


1,006 11 6 


7,171 11 6 


615 


60 

... 


15 


5 


3 8 6 


683 8 6 
15 


6,030 


340 


150 


310 


1,010 


7,840 



From the above it will be seen that the total annual Revenues 
of the Trinity Hospital and other Trusts, amount at the present time 
to £7840, and that out of this sum £5776, lis. 6d. is paid in Pensions, 



CONCLUDING OBSERVATIONS. 91 

£225 in Salaries to the Medical Officer and Lady Visitor, £1170 in 
Management, Eepairs, and Public Burdens ; and there is retained in 
hand a sum of over £650 to meet expenditure of a casual or capital 
nature, such as the making of Roads and Drains in connection with 
the feuing of the Hospital's Lands or the carrying out of other im- 
provements on the Trust's Properties. 

The History of the Trinity College Hospital, from its foundation 
down to the present time, may be now said to be accomplished. 

The old ecclesiastical buildings which were looked forward to by 
the pious Queen, the foundress, have been erected ; and they have disap- 
peared. The successive staffs of Provost, Prebendaries, and Choiristers 
— under the orders of the Pope's Bulls — exist now only "as a tale that 
is told." The blue-gowned beidmen of pre-Reformation times, as well 
as the later inmates, with "their vesture of sad ' purple-cuUored ' cloth 
which the Governors had selected for a livery," are all a record of a long 
bygone age. As for matins, high masses, vespers and compline, with 
the priests and their sacerdotal habiliments, it may be remarked that 
the place that once used to reverberate these religious services " knows 
them now no more for ever." The tomb of the Royal Foundress 
has disappeared, and there is now no sprinkling with hyssop, no 
reading of the De Profundis, and no service devoutly held for "our 
most tender husband, and after our decease for his and our ancestors 
and successors." Sic transit gloria mundi. 

Even the later uses to which the respective buildings were applied 
after the Reformation, when the ecclesiastical edifice was utilised by 
the Lord Provost, Magistrates, and Town Council as one of the Parish 
Churches of the City, and the plain simple Presbyterian service of 
the Sanctuary was heard within its walls even by a few citizens 
who still survive, and who tell of the time when they were accus- 



92 TRINITY COLLEGE AND TRINITY HOSPITAL. 

tomed weekly to repair to the Trinity College Church on Sunday, as 
the sound of the Church-bells invited them to the House of God, — 
all these arransrements have come to an end. The beautiful Gothic 

o 

building — the pride of the Antiquary and the deeply appreciated 
edifice on the part of those who admired the old specimens of Ecclesias- 
tical architecture — with its high arches, and the quaint and sometimes 
grotesque ornamental details with which the edifice was so richly in- 
vested in the gurgoyles and otherwise, with its lofty centre aisle, so 
excessively rich in design in regard to the groining, as well as the 
beautiful and handsomely symmetrical doorways with their well- 
proportioned porch and firmly groined roof — all these tended to 
make the Church a place of " beauty and a joy for ever." But the 
Imperial Parliament, throwing aside all feelings of religious or even 
antiquarian sentiment, decreed that the old Church must, in a pre- 
eminently utilitarian age, make way for the more urgent necessities 
of the times. 

The old Hospital itself, preserved and fostered as it was by 
Sir Symon Prestoun and the Magistrates and Town Council of Edin- 
burgh, — a house which in its day had "seen some strange mutations," 
and had been a home of rest for many generations to not a few worthy 
citizens, male and female, in their declining years ; and around whose 
history many traditions lingered, — was, in course of time, made to sub- 
mit to the inevitable. It was doomed to be dismantled and thrown 
down, and the inmates otherwise provided for. 

As one now surveys the scene presented to the gaze of the 
spectator, as he stands upon the east side of the newly-constructed 
North Bridge, and looks down upon the valley beneath,— and as he 
reflects upon what half a century has produced in the total change of 
the aspect of afi"airs, in the never-ending multitudes who are continually 
seen hurrying to and from the various railway trains which are depart- 



concludinCt observations. 93 

ing or arriving, and contrasts that state of matters with the peaceful 
serenity of the district prior to 1843, when it was almost entirely given 
up to religion and benevolence, — he cannot fail to be struck with the 
change which the course of time effects on all human arrangements. 
The music of the Sanctuary which was wont to be heard in the 
district has now been exchanged for the bellowing of the Steam Demon, 
and the shrill whistle of the Railway engine. 

But though the Congregation has had another edifice built for 
them, of a more modest description, and the old Hospital has not 
been restored — Trinity College Hospital still survives in the great 
Charity Fund known by that name. It is a living reality — greater, 
stronger, and better than it ever was in the days of old. 

Originally intended for the worship of God, according to the tenets 
and belief of the period, as well as for a religious house, in which several 
poor people could be accommodated and maintained, — its conception on 
the part of its Royal Foundress was undoubtedly of a beneficent kind, 
illustrative of the example set by the great Redeemer of mankind, 
"who went about continually doing good." In its now simpler, but yet 
more extended, form of Christianity and benevolence, it is likewise 
illustrative of the same glorious example, in the timely help which it 
affords to the various beneficiaries — " Inasmuch as ye did it unto the 
least of one of these my disciples, ye did it unto Me." 

Regarding its more recent development it may be observed 
that, during the time that has elapsed since the North British Railway 
Company coveted the site, and paid the price agreed upon, and even 
during the long contest in the Law Courts, the progress of the 
Hospital's financial affairs have been marvellous. Nearly three times 
the number of beneficiaries are now on the roll compared with those 
who received the benefits in 1843. 

The lands of Quarryholes, at Easter Road, are rapidly being utilised 



94 TRINITY COLLEGE AND TRINITY HOSPITAL. 



for feuing purposes, and they are yielding a handsome annual revenue. 
Whatever may be the views entertained by social and political writers, 
as to what is, in these days, popularly known as "the unearned 
increment," there are none who will grudge that such a benefit should 
accrue to help the support of those who have been unfortunate in 
business and are not now physically able to maintain themselves. 

The lands of Dean Park, Blinkbonny, and Redbraes, which are also 
the property of the Governors, will, no doubt, in course of time, be utilised 
for building purposes. Meantime, while there are so many deserving 
applicants applying for admission, benevolent citizens may possibly 
remember the claims of this useful and well-administered Charity ; 
and if the result of the circulation of this History of Trinity College 
and Trinity Hospital may lead to any such practical results, the amount 
of time and labour bestowed upon its preparation will not have been 
in vain. 




THE GOVERNORS OF TRINITY HOSPITAL. 

Lord Provost. 
The Right Hon. Andrew M'Donald, 40 South Bridge. 

Bailies. 
John Gulland, 8 Claremont Crescent. 

*Thomas Sloan, 3 Hart Street. 

W. J. KiNLOCH Anderson, The Ehns, 58 Craigmillar Park. 

James Pollard, 41 Chalmers Street. 

James Robertson, 3 Rillbank Crescent. 

Robert Hay, 4 Abercromby Place. 

Alexander Brand, 30 Regent Street, Portobello. 

Dean of Guild. 
♦Robert Miller, 38 Lauder Road. 

Treasurer. 

George M'Grae, 3 Dick Place. 

Convener of the Trades. 
William Field, 1 Hart Street. 

Judyes of Police. 
*J0HN Charles Dunlop, Ashbrook House, Ferry Road. 

*f James Colston, 23 Regent Terrace. 

James Steel, Boroughfield, Colinton Road. 

Robert Kellock, 3 Melville Street, Portobello. 

David Grieve, Sunnybank, Argyle Crescent, Portobello. 

Alex. Gray, Rathbone House, Portobello. 

* Those marked thus are Members of tlie Trinity Hospital Committee, 
t Convener of the Trinity Hospital Committee. 

95 



96 TRINITY COLLEGE AND TKINITY HOSPITAL. 

Councillors. 

Robert Alexander Douglas, 1 Findhoru Place. 

H. W. Hunter, 8 Hope Crescent. 

William Williams, 41 Elm Row. 

Mitchell Thomson, 6 Charlotte Square. 

William Lang Todd, 50 Great King Street. 
*David Scott, 53 Nile Grove. 

John Mallinson, 21 Comely Bank Avenue. 

Alex. Donald Mackenzie, 6 Hartington Gardens. 
*John Murray, 80 Rose Street. 

William Slater Brown, 17 Dean Terrace. 

Richard Clark, 79 Great King Street. 

Thomas A. C. Mortimer, 7 Whitehouse Terrace. 

George Auldjo Jamieson, 37 Drumsheugh Gardens. 

James P. Gibson, 33 Regent Terrace. 

John Cubie, 5 Salisbury Street. 
*James H. Waterston, 37 Lutton Place. 

David Miller Dunlop, 8 Princes Street. 

Andrew Mitchell, 9 Doune Terrace. 

Robert Menzies, 23 York Place. 
*R. M. Cameron, 24 George Street. 

Sir James Alex. Russell, Woodville, Canaan Lane. 

Andrew Cowan Telfer, 6 Carberry Place. 
*Alexander Walker, 1 Tipperlinn Road. 
♦Alexander Forbes Mackay, 26 George Square. 

Robert Cranston, Dunard, Grange Loan. 

John Jamieson, 4 Marchhall Crescent. 



THE GOVERNORS OF TRINITY HOSPITAL. 97 

*WiLLlAM EUNSON, 251 Dalkeith Road. 
*WiLLiAM Gray, The Tower, Portobello. 
*George Balfour, 42 High Street, Portobello. 

Alfred Nichol, St Mary's, Rosefield Place, Portobello. 

Samuel Carmichael, 4 Windsor Place, Portobello. 
*James Watson, 5 Abercom Terrace, Portobello. 



THE ALEXANDER MORTIFICATION. 

Trtcstees. 
The Lord Provost, Magistrates and Town Council of the City, 

AS Governors and Administrators of Trinity College Hospital. 

also, 

*Rev. Dr Scott, 14 Rothesay Place. 

*Rev. Dr Williamson, 2 Minto Street. 

*Rev. Dr Glasse, 16 Tantallon Place. 

*Very Rev. Dr Cameron Lees, 3.3 Blacket Place. 

*Rev. A. Kennedy, 8 Fettes Row. 

Rev. Dr Charles M'Gregor, 2 Greenhill Place. 

Rev. David Morrison, 4 Strathearn Road. 

Rev. Dr Patrick, 18 Regent Terrace. 

Rev. Dr Stewart, 18 Royal Terrace. 

Rev. J. F. W. Grant, 7 Royal Circus. 

Rev. Dr Blair, 13 Lynedoch Place. 

Rev. P. Hay Hunter, 13 Regent Terrace. 

Rev. Thomas Martin, 1 Inverleitli Row. 

* Those marked thus are the Members of the Nomination Committee, to act along with 
the Trinity Hospital Committee. 

VOL. II. N 



98 trinitv collegr and trinity hospital. 

Officials. 

Clerk. 
Thomas Hunter, W.S., Town Clerk, City Chambers. 

Treasurer. 
RoRERT Paton, City Chamberlain, City Chambers. 

Superintendent of Works. 
Robert Morham, City Chambers. 

Medical Officer. 
Dr James Dunsmure, F.R.C.S.E., 53 Queen Street. 

Lady Visitor. 
Miss Margaret Montgomery, 19 Lonsdale Terrace. 



The foregoing form the Members of the Governing body during the year 1897. — J. C. 




APPENDICES 



APPENDICES. 



1. — Report by Ex-Pro b-essor Norman Macpherson. 

It has not been deemed requisite to reprint the first twenty-one 
pages of the Report, which deal with historical matters in regard 
to the Charity, — inasmuch as the previous volume contains a more 
elaborate history of the same. It has been thought better to proceed 
at once with the various branches of the subject which the Reporter 
was requested to bring under the review of the Court of Session. 
He says : — 

The Inquiry and Report directed by the Remit is divided into distinct 
heads, which it is proposed now to deal with in their order, viz. : — 

I. (1.) " From wliat Sources the various Funds forming the capital of the Charity First branch of Inter- 
called Trinity College, or Trinity Hospital, have been derived ; " ocuor. 

(2.) " The original ; " and (3.) " The present amount thereof." 



I. (1.) Sources of Hosirital Pro2)erty. 

It appears that the funds and estates now treated as the property of the Sources of Property. 
Trinity College Hospital have been derived from the following sources : — 

1. The various buildings, with the grounds and gardens adjoining, which 



102 APPENDICES. 



First branch of luter- formed the Church and College of the Holy Trinity and original Hospital there- 

locutior 

" of, and grounds which originally belonged to the Blackfriars, or their price. 

Sources of Property. The most important sales have been the recent ones of the Hospital and 

the Church. 

2. The price obtained for the patronage of Kirkurd, formerly belonging 
to Trinity College, but sold by the Magistrates. 

These two sources of property will have to be noticed presently in some 
detail. 

3. Fines made over by the City of Edinburgh, and apparently some 
imposts. 

These have not been very numerous nor very considerable in amount. 

There was made over in connection with the altarage of St James in St 
Council^Records, vol. Qjigs'^ to which it was formerly payable, " ane choppin of wine of the 
Hospital Accounts, puncheon," 14th November 1567, and early in the 18th century the accounts 
1st Nov. 1722-3. show for a series of years a payment under the name of "impost of ale" 
X. p. 120. ' " granted by the good toun." In setting tacks of petty customs, tacksmen 

llth Nov. 1597. were taken bound, over and above tack - duty, to make over so much in 

kind to the Hospital. The tines made over were such as — fines for not 
lb. vol. vi. p. 96. having " ane bybill and psalme buik ; " — a fine for overtrading in wool — 
16th Nov. 1580. jQo merks ;— on 16th September 1584, Thomas Copland, accused of speaking 

lb. vol. V. p. 139. ... ' . ^ „ n ., , -r J ■ J , .AX 

23d A 1 1579 injurious words in presence oi one oi the baihes, was ordamed to pay 40s. to 

lb. vol. vii. p. 108. the masters of the Hospital; — on 25th March 1724, Hugh Clark was fined 
Hospital Records, vol. £25 for not accepting office as one of the captains of the City, and said 
'■ ^' ' fine was ordered to be paid to the Theasurer of Trinity Hospital. 

App. pp. 219-20, 226, 4. Money handed over by the Session of Edinburgh. 

5. Donations and bequests made by private individuals, who attached 
no conditions to them. 

These have been very numerous, and their aggregate amount is consider- 
Vide p. 127. able, but, except as regards the most valuable — that by R. Johnstoun — do 

not seem to require special notice. 

6. Savings of income added to capital. 

Generally there has been an over-expenditure. For the first century, 
and latterly, there have been accumulations. Since 1845 there has been 
a large increase of the lunds from this source. 



SOURCES OF HOSPITAL PROPERTY. 103 

7. Money payments, or transferences of tenements, by poor people, in First branch of Inter- 
order to obtain admission, or insisted upon by the Governors as a condition ' 

of admission, or made by third parties, to secure the admission of special Sources of Property, 
individuals. 

Agnes Clerk or Broune was admitted, her " friends and relationes " having Council Records, 
"given bond for four hundred merks Scots money upon the accompt of hir 
admissione." 

Thus, on 26th August 1713, Janet Louriston or Fraser was admitted on lb. vol. xli. p. 130. 
paying 1000 merks, and granting disposition of her liferent of house and 
garret, and two houses in Candlemaker Row. 

On 14th November 1792, "David Murray admitted a member of the Hospital Records, 
Hospital and porter thereto, on his paying £100 sterling to funds of Hospital." 

On 11th May 1796, Thomas Douglas was admitted a member and porter, lb. vol. vi. p. 31.}. 
paying £120, and £5 a-year of his pension. 

There are many other examples, as that of Margaret Schaw, 21st and 28th lb. vol. v. pp. 2.5,5 

and 257. 

July 1779, and the cases mentioned supra. 

These sums ought, perhaps, to be treated as income, as they went so far App. p. 285. 
to relieve or reimburse the general fund for the support of these individuals, 
and they are so treated in the accountant's report on the later accounts. 

8. Sums paid or mortified by individuals or corporations, on condition that 
they, or their representatives or assignees, should be entitled to nominate 
pensioners. 

9. Some small heritable subjects, not being part of the original property 
of the Hospital gifted to it unconditionally. 

Other heritable subjects have been acquired by purchase, and some, both 
of those originally belonging to it and of those since acquired, have been sold, 
some of them so recently as last autumn. 



I. (2.) 27te Original Amount of the Hospital Property. 
The amount of the Hospital property at the date when the Magistrates Original amount of 

Property. 

first recognised it as forming a separate institution, is not easily ascertained. 
The earliest date from which the accounts of the Hospital, as a separate 



104 



APPENDICES. 



First br.vnch of Intoi-- 
locutor. 



Amount of Property 
at 1562. 



charity under charge of the Magistrates, have been preserved, is 1611 ; and 
from that date it is possible generally to trace the history of the funds. 

The Treasurer's accounts of that year commence by taking the capital at 
a certain amount, the investment of which is stated, but there is no statement 
of the sources from which it was derived, except in regard to sums acquired 
during the current year. There is no appearance of their embracing any of 
the lands or gifts contained in the various charters to which allusion has been 
made in the introductory statement, except the ground about the College and 
Hospital and gardens thereof. 

In considering the question, whether nothing more should have been 
embraced, it is proper to bear in mind that what is now popularly termed 
Trinity Hospital or Trinity College Hospital, is not a mere development of the 
ancient Trinity Hospital, but rather that, after existing for a time alongside 
of it, it has finally absorbed it. 

The first constitution of an Hospital as a charity in the hands of the 
Magistrates, was by Queen Mary's grant in 1.562, of the place and yard of the 
Blackfriars, etc., for the erection of an hospital. 

The process of absorption of Trinity College Hospital was commenced by 
King James's letter of remission early in 1567, dispensing with the erection of 
the hospital at the Blackfriars, because it would be more expedient to build 
one in the Trinity College grounds, on condition of applying the subject of his 
mother's grant to the support " hospitalis divini Trinitatis Collegii," and of the 
poor in the same. 

The funds then devoted to the support of the Hospital exclusively were 
the place and gardens of the Blackfriars, the church, place, and gardens and 
ecclesiastical houses of Trinity College, with the gardens, place, and building 
of Trinity Hospital, without prejudice to the provost and prebendaries' right 
of appointing beidmen. 



Amount of Property 
at 1567. 

Council Records, 
vol. iv. pp. 217-232. 
lb. vol. V. p. 66. 



There being no separate Hospital accounts of this date, it has not been 
discovered what was done with the place and gardens of the Blackfriars, but it 
appears that in 1568 part of Blackfriars was feued out for the Hospital to 
John Davidson Taylor for five merks, and on 14th September 1576, an order 
was made to roup the lands of Blackfriars. Whatever may have been done, 



ORIGINAL AMOUNT OF HOSPITAL PROPERTY. 105 

neither the lands nor any sum of money stated to be their price ever appear in a First branch of Inter- 
recognisable form in the accounts of the Hospital which have been preserved. ' 

The annual proceeds of the Blackfriars, as of the other ecclesiastical sub- ^\°]™^^ °^ Property 
jects granted to the town, were entered in the books of the Collector of Kirk Books of Collector of 
Rents ; and in 1644-5, the last year for which the Collector's books are ^"^ ^''"''' ^°'- "• 
preserved, there occur several pages of entries of very trifling sums, amounting 
in all to £229, 19s. 4d. Scots. Many of these payments were a great many 
years in arrear, from the Collector being unable to trace the property or its 
occupiers, and it is not unlikely they may have dropped out ; and accordingly 
in the next book belonging to the Town Council that contains these rentals, 
dated 1698, their amount is stated at about £122 Scots, or a little over £10 
sterling. 

What remains in the hands of the town of the Blackfriars yard, consists 
of eleven feus of the annual value of about £2, 5s. sterling, and is appropriated 
to the Burgh Schools under the Edinburgh University Property Arrangement 24 uud 25 Vict. c. 90. 
Act [1861]. 

But all the subjects held for that purpose are by the Act declared to be 
"subject to the several burdens and obligations affecting the same," and if 
these lands were appropriated to the Hospital, it certainly formed no part of 
the scope of that Act to transfer them to the schools. 

Next came the charter of 12th November 1567. 

This charter placed at command of the Magistrates a number of 
chaplainries and altarages ; but these were not by the charter devoted to the 
Hospital exclusively. There are, however, notices in the Council Records of 
some of them being appropriated, at least temporarily, to the Hospital. These 
were ; — 

(a) The Prebendary of Grothal, 30th January 1567. Council Records, 

(6) The Altarage of St Anthony, 18th February 1567. ^I;,'"' ^^^f^' 

(c) The Altarage of St James, 3d March 1567. ibid, p. 214. 

(d) Dues of the Holy Cross at Jedburgh, 15th June 1569. Ibid, p. 241. 

(e) The Chaplaincy vacant by decease of Robert Robertson. 

(/) The Chaplaincy vacant by the death of Sir Thomas Richardson, n^^^^ y^i ^ „ iqq. 

6th June 1578. 

VOL. II. o 



106 APPENDICES. 



vol. iv. p. 212. 



First branch of Inter- The brief notices of these gifts, unless perhaps those of the Prebendary of 

°°" Grothal, and of one connected with the Holy Cross at Jedburgh, can hardly be 

Amount of Property interpreted as their permanent devotion to the purposes of the Hospital ; and 
there being no accounts either of the Hospital or of the Collectors of Kirk 
Rents extant relative to this period, there are no means of knowing what 
payments were actually made to the Hospital. After the date from which the 
accounts of the Collector commence, no such payments were made by him to 
the Hospital in connection with these subjects ; and the amount of the whole 
seems to have been trifling. 

CouucU Records, (a) The Prebendary of Grothal was in the Church of St Giles. This 

Prebendary was resigned " in the hands of the Collector of the Annuals of this 
Burgh disponed to the Hospital and Poor in name of the good town." The 
Collectors of Kirk Rents, so far as their accounts are extant, charged them- 

Bannatyne Club, selves with feu-maills of the lands of Grotthill, which went " to the Prebendary 

Chartera^of St GUes, ^j Qrotthill in the said church," amounting to £19 Scots. This accords with a 
feu-charter, 21st October 1542, by Henry Moir, the prebendary, with consent 
of the Chapter. This feu seems from an early date to have been transferred 

Univ. Com., 1837, by the Town Council to the University, and eventually sold. The Appendix 

voi.i. Order X. p. 73. ^^ ^^^ University Commissioners' Report contains the following entries :— 

" Purchase-money of superiorities, and feu-duties sold, — 
" Composition duties received from vassals : 
1805-6. " William Ramsay, Grothill, .... £100 

" Of the lands of Grothill, to James Cheape, Esq. : 

" Purchase money of £1, 7s. 8d. of feu-duty, . 41 3 4" 

(b) The Altarage of St Anthony was also connected with St Giles' ; and 
the Collector charged himself with two payments for the benefit of this altar, 
amounting respectively to 13s. 4d. and 4 mks. Besides this, there seems to 
have been payable to the altar a choppin of wine on the puncheon: — for 
several years been transferred to Hospital by special Act of Council. 

The Collector's rental shews farther two sums, one of 20s. Scots, and £3 
Scots, payable out of several lands in the town to St Anthony's Prebendary, 
vofifp'l^"'"'""''' (c) St James' Altar was also in St Giles'. The Collector's rental shews 



ORIGINAL AMOUNT OF HOSPITAL PROPERTY. 107 

20s. Scots payable to this altar furth of Haliburton's land. There seems also First branch of Inter- 
to have been a St James' Prebendary, to whom 20s. 8d. Scots were payable. 

The Charters of St Giles' published by the Bannatyne Club contain ^^^^f °* Property 
various allusions to lands belonging to the Altar of St James ; and two ^ ^ „, , 

° ° Bannatyne Club, 

charters shew payments of 13s. 4d. and 4 mks. respectively due to the chaplain, pp. 92, 158. 

(d) The gift connected with the Holy Cross at Jedburgh was of the 235%^47. ^^^' ^^''' 
annual rents and duties belonging thereto, within and without the town, " to Ibid, pp. 92, 157. 
the utility and profit of the Hospital and ministrie for ever ; " and of these the ^ °""y' ,, 2*47 ^' 
Collector's books shew only a payment due " to the Holy Rood at Jedburgh 

of 50s." 

(e) With regard to the benefice vacant by the death of Robert Robertson, Bannatyne Club, 
all that has been discovered is that in 1536 there was a chaplain in St Giles' of 

that name. 

Sir Thomas Richardson has not been traced out. A person of that 
name was instituted to the chapel of St Blase, but in 1562 he had died, 
and the chaplaincy was filled up. 

Most of these dues were payable from houses or lands within the burgh, 
and early fell into arrear; and in 1644, when the Collector of Kirk Rents' 
books come to an end, most of them were in arrear for many years, and to 
many of the entries notes were attached, shewing the hopelessness of en- 
deavouring to collect them. Here is an example: " Nota. — This land never 
payed since 1568, and is now fallen down and become ruinous." 

Although these gifts cannot now be farther traced, there is evidence 
in the Council Records, between 1567 and 1585, not only of special collections 
for the repair of the Hospital buildings, but of accumulation of capital, and 
of legacies given specially to the poor of the Hospital, and all these were 
lent to the town on bond, generally fortified by infeftment on the town mills. 
So far as ascertained, these amounted to an annual rent of £114, 15s., and 23d Dec. 1579. 
another of £58, 13s. 4d. representing capital probably of not less than £1700; CH^y Accounts, 
— " several legacies," amounting to 500 mks., a legacy by Clement Litill of ^^^pp p 220. 
300 mks., and two subjects left by Thomas M'Calzeoun yielding 40s. a-year 
each ; — shewing the possession of considerable capital, in addition to the 
earlier gi'ant of the Blackfriars. 



108 APPENDICES. 



First branch of Inter- After the new Hospital had been erected, or old buildings fitted up for 

ocu^r. .^^ purposes, the Magistrates in 1585 got Pont, then provost of the Trinity 

;ft"5G7* °^ ^'""P^'^y College, to resign " the benefice of his provostry," including specially his 
" donatio " of " beidmen et bedlyaris ; " and the Crown confirmed the grant 
to be intromitted with by the Magistrates for the support of the poor within 
the hospitals, and of poor scholars within the College and schools, under 
burden of supporting the churches annexed to the provostry. 

By this charter the provostry is not devoted to the Hospital exclusively, 
although the support of the poor is the object first mentioned of those to 
which its revenues are allowed to be applied. 

There are no materials for making any further estimate of the property 

at this date. 

Amount of Property The charter of 26th May 1587 made a new constitution of the Hospital. 

''' ^^^^' It of new granted the provostry and donatio of beidman and bedlyaris with 

teinds, pertinents, etc., as before, and with all the churches' emoluments, etc., 

belonging to the prebendaries and chaplainries. 

The Magistrates hold that they got the whole property belonging both 
to the College and to the Hospital, to be applied, at their discretion, to three 
several public objects, of which the support of the poor was one. 

If the Magistrates are correct in their view, they would, as regards 

these grants, discharge themselves of any claim by the Hospital, by shewing 

that they had appropriated the whole of the rest of the property to one or 

other of the subjects contemplated by the charter of 1587. 

See Ld. Currieliill in But in any view those interested in the Hospital have a right to know 

Edki TtVoec'^isee • 'what has been done with all the property forming the subject of these grants, 

5 Macph. 115. ^nd have a general right to a share of any of them remaining unappropriated 

in terms of the charters ; while, if any of the subjects are to be regarded as 

still dedicated to the poor under the charter of 1587, they have a preferable 

claim to these so far as they can be vindicated. 

On the question just pointed at, the Reporter begs humbly to submit the 
following considerations : — 

Notwithstanding that the property of all the prebendaries, chaplains, 
and members of the College proper is conveyed in the dispositive part of 
this charter, none of the property devoted to the beidmen or hospitallers is 



ORIGINAL AMOUNT OF HOSPITAL PROPERTY. 109 

there conveyed, the lands, etc., of the hospitallers being only mentioned, in First branch of Inter- 
addition to those of the others, in what may be called the clause of manage- ' 

ment, without which the administration of these estates must have failed, ^™°"^' °^ Property 

' ' at 1587. 

as the management of the beidmen's property was vested in the Chapter of 
the College. 

Besides the fact that there is no specific mention of the beidmen's 
revenues in the part of the deed where the revenues of the prebendaries and 
chaplains are granted, it is to be observed that the Magistrates were relieved 
expressly of any obligation to fill up the prebends and chaplainries, and a 
reason for this is assigned which did not apply to the beidmen — namely, that 
the services for which they were founded were no longer required. 

But, by the foundation, no services of any kind were required of the 
beidmen, and it would have been very strange if there had been a discharge 
of the obligation to fill up their ofiices, as it was admittedly one of the 
objects of the grant, to enable the town to create new beidmanships. 

There was a special reservation of the rights of existing prebendaries 
whose revenues were specially conveyed. As regards the beidmen, there was 
no such reservation, and if their revenues were not conveyed, there would be 
no occasion for the reservation ; but as the building was conveyed, there was 
given permission to transfer to a new house as many as could be supported by 
the redditus — not of the College, or Church, or place and garden thereof — but 
of the Hospital of Trinity College. 

On the face of the Charters, then, all the lands, teinds, etc., belonging to 
Trinity College, and to Trinity Hospital, were charged with certain burdens, 
and assuming that all were conveyed to the Magistrates, they were all 
expressly discharged of their burdens, except those which were devoted to 
the support of the beidmen, and these were not so discharged. 

The Magistrates, it is understood, now admit one exception, but only one, 
to their absolute discretion in dealing with the beidmen's estate. They 
admit that they were bound to support in the Hospital so many poor as may 
be conveniently supported, "redditibus dicti hospitalis Trinitatis Collegii." 

Can the word redditus be limited, as in practice it has been, to the rent 
of ground about the Hospital, or must it be extended generally to what was statement by 
devoted to the support of the beidmen for whom the Hospital existed ? The <^"^®''n°'*- 



110 



APPENDICES. 



First branch of Inter- 
locutor. 

Amount of Property 

at loS7. 

•-'6th Oct. 1597. 
Council Records, 
vol. X. p. 151. 



City Clerk seems to understand it to mean the " income from the mortifications 
to the old Hospital." The difference is important. 

From the date of the Charter of 1587 the Magistrates took charge of the 
whole estate, and took steps for arranging for both the prebendaries and the 
beidmen, surrendering their rights in order that they might have more effectual 
control of the property. 

The book of the Collector of Kirk Rents shews that he charged himself 
separately with all the subjects appropriated to the beidmen, and discharged 
himself by payments attending their collection, and payments to the thirteen 
beidmen, although the right of the beidmen had not been reserved like those 
of prebendaries. 

When the number diminished, the charge continued as before, but the 
whole was not divided among the surviving beidmen, each of whom, on the 
contrary, received exactly the same sum as formerly. The balance was not 
carried to the Hospital account, but merged in the general account of the 
Collector of Kirk Rents, and was devoted mainly at that date to the support 
of the ministry. 

There is no difficulty in ascertaining what the Magistrates took over in 
name of the beidmen's rents. The items in the accounts of the Collector of 
Kirk Rents correspond, with one exception, with their enumeration in the 
charter of foundation. It may be best to state them in the order and words 
in which they appear in the Collector's book, and at the same time to shew 
how they are now disposed of. 



"Chairge of the rent of the threttein beidmen of the said College as 



follow : 



Appendix to Report 
of Univ. Com. 18.S7. 
vol. i. 

Order x. p. 96. 
lb. p. 72. 



" First the compter is chargit with xlv. li. yearlie, for the few maillis of 
the land of Vthrogall and Spittell Mylne." 

Both these lands were feued in small parcels before the charter of 1587. 
Those of Spittal Mylne are not specifically mentioned in the original founda- 
tion by Mary of Gueldres, but are frequently mentioned in the proceedings 
which took place before the transfer to the Magistrates recorded in the 
Register published by the Bannatyne Club. 



ORIGINAL AMOUNT OF HOSPITAL PROPERTY. Ill 



The nroTDortion of the cumulo feu-duty payable in respect of Spittal First branch of Inter- 

T 1 -ii ii locutor. 

Mylne seems to have been £1, 10s. GJ^d. sterling. It, along with the 

superiority, has been disposed of to the Earl of Hopetoun for £156, lis. l^^jd., ^^°^^_ ° '^"'"^'^ ^ 
which sum was by the Magistrates paid into the College account on November 
21, 1816. 

For Vthrogall there is still paid a feu-duty amounting to the balance of Appendix to Report 

. . •. « ■■ .. , . 1 m, 1 1 i of Uuiv. Com. 1837, 

the old cumulo duty, viz., £2, 5s., with 9yVd. for teind. These lands, too, seem ^^l i. 

to have been feued before the Reformation. Order ^- P- '5. 

During the present century, previous to 1826, there had been received 
composition from vassals of Vthrogall sums amounting to £120, lis. 6d. 

The feu-duty is now under the Edinburgh University Property Arrange- 
ment Act, 1861, applied towards the maintenance and support of the schools lb. x. pp. 73-4. 
of the City, but along with the other property so appropriated by the Statute, 
"subject to the several burdens and obligations affecting the same." The 
question arises, whether this provision in section 4 of the Statute does not 
leave the question of right to these feus or their price dependent entirely 
on the old charters ? So as to the next item in the old Hospital rental : — 

"Item, with the teynds of the parsonage of Wester Weymis xlvii. 
merks yearlie. 
Item, with xliiij. merks yearlie for the teynd of the parsonage of 
Eister Wemyss." 

These teinds were so completely appropriated to the beidmen, that they Bannatyne Clui). 
were in the habit of setting them in tack, and at each renewal exacting a Coll. Ch. of Mid- 
grassum, which grassum was divided among the beidmen. They were both 
continued in the Collector's accounts down to 1621, when those of Wester 
Wemyss disappear, and, in 1635, those of Easter Wemyss disappeared also 
as a separate item ; but in 1644, there was uplifted from the Earl of Wemyss 
a tack duty of £800 Scots for the teinds, parsonage and vicarage. 

No notice of the disposal of the parsonage teinds was observed in the 
evidence given before the University Commissioners of 1828, or in the 
University Property Arrangement Act [although there was notice of the 24 and 25 Vict. c. 90. 
appropriation of the vicarage teinds and the patronage, both of which be- 



112 



APPENDICES. 



First branch of Inter- longed to the Trinity College, not to the beidmen of the Hospital] — and the 
free teind was set down by the Commissioner on Religious Education in 



Amount of property 
at 1587. 

Third Report, p. 45, 
table 7. 



April 1870. 
Dec. 27, 1872. 



Scotland at £1066, 2s. 9d. a-j'ear. This suggested so important a question as 
likely to arise, that the attention of the Magistrates was, at an early date 
of the present inquiry, specially drawn to this subject, and they were called 
upon to explain the value and disposal of these teinds. Of this date, the 
defenders produced a Minute of Council, dated 26th April 1842, in which it 
is stated that, after a special inquiry, it had been ascertained that the teinds 
were valued in 1635, and that they have long since been exhausted by 
augmentations of stipend. So far this view is confirmed by a decreet, dated 
I7th July 1635, approving two decreets of valuation of the teinds, parsonage 
and vicarage, of Wester and Easter Wemyss respectively in 1629, before the 
sub-commissioners of the Presbytery of Kirkcaldy. 

That there were free teinds at one time is sufficiently manifest. The 
Chartulary contains a copy of a letter from the Earl of Wemyss, dated 13th 
August 1G49, and addressed to the Lord Provost of Edinburgh, in which the 
Earl says, " It being of truth that I pay yearly for my teinds two thousand 
merks to the Provost, Baillies, and Council of Edinburgh, of the which sum 
my minister gets one thousand merks be year, and I pay the other thousand 
merks to the Toun of Edinburgh, with forty merks for the elements." 

There is no trace of any free teind having been appropriated to the 
support of the beidmen of the hospital, after the death of those appointed 
before the transfer to the Magistrates. But there was kept up a charge 
against the Earl of Wemyss, into whose hands the teinds had come originally 
by tack. This charge was only dropped out of the City accounts in 1820, 
at which date it had fallen many years into arrear. The respective rights 
of the Earl and town appear to have formed the subject of a submission to 
Lord Elliock in 1736. It would have been much more satisfactory had the 
town been able to produce the proceedings in the submission. 

A process of augmentation has recently been brought by the minister 
of the parish of Wemyss, in which the Magistrates have not been called. 
There have been several augmentations, but the whole pai-ish having belonged 
to a single proprietor, even after it passed out of the hands of the Earl of 
Wemyss, there was no occasion for localities being prepared. In the process 



ORIGINAL AMOUNT OF HOSPITAL PROPERTY. 113 

now depending, the vassals of Mr Wemyss have been called, and the Reporter First branch of Inter- 
has been informed by the common agent, that he is of opinion that free ' 

teind exists on certain lands in the parish, not embraced in the old ft'^ss;' °^ ^'^"^'"'^ 
valuation. 

" Item, with £10 yeirly furth of the common guid of Edinburgh." 

In the printed statement put in by the City Clerk, it is stated that, by Printed statement 

,.!,.,• 1 ^y Town Clerk, 

the charter of 13th March 1566, the Magistrates were relieved ot this payment. 

But, in the first place, being for the support of the poor, not of an altarage 

or mass, it does not fall within the category of payments of which the City 

was then relieved. In the second place, the payments continued to be made 

to the beidmen long after the date of the supposed relieving charter, and are 

found continued in the charge of the Collector of Kirk Rents long after the 

original beidmen had died out. It has been traced in the Collector's accounts 

down to 1644. 

It is not to be confounded with a payment of like amount out of the CouncU Records, 

. n vol. V. p. 195, Nov. 

common milne to the Hospital Trust proper — which was made during part of 20, 1579. 

the same period, and was an amount payable in respect of an advance by the 

session of the kirk. 

" Item, with the few maillis of the lands in Leyth as eftir followis, 
viz.:" 

The enumeration in the rental shews a number of subjects. The total 
rent seems to have been £15, 8s. Scots, which must be reduced to about £10 
when deduction has been allowed in the Collector's discharge in respect the 
Treasurer " could get no notice of who the parties were who had possession of 
them." The difficulty has not been diminished by the lapse of two centuries 
and a half. 

There is no doubt as to the appropriation of these rents before coming 
into the hands of the Magistrates. 

15th Dec. 1573. — The Hospital master was, by the Chapter of the Trinity CoU. Church of Mid- 
College, ordered to account to the beidmen for all the duties of the annuals ciub, p. 224. 
VOL. IL P 



114 



APPENDICES. 



First branch of Inter- 
locutor. 

Amount of Hospital 

Property at 1587. 

Council Records, 

14th May 1589, vol. 

viii. p. 214. 

lb. vol. X. pp. 84, 

227. 

lb. vol. ix. p. 25S. 

5th July 1594. 



Charters, etc., p. 23. 

Council Records, 
vol. xlviii. p. 65. 

App. p. 253. 



Univer. Com. Re- 
ports, 1837, App. 
vol. i. p. 75. 

Hospital Records 
14th Oct. 1826. 



of Leyth since 1569 ; and even after the town had acquired its right, a com- 
position connected with a land in Leith was ordered to be given to the beid- 
men. There is evidence of the town having acquired a right of superiority in 
Leith, but not of its having belonged specially to the beidmen. Thus, 11th 
August 1596, composition was i-eceived " for lands in Leith holding of the 
Trinity College." 

A feu-duty payable for the " Seaman's Hospital," amounting to 16s. ll^Vd., 
is believed to be all that remains of the subjects in the rental. 

There is no trace of any portion of the general funds or property of 
Trinity College, beyond the buildings and yards, being applied for the benefit 
of the Hospital, with the exception of the price of the patronage of the parish 
of Kirkurd. A portion of the teinds of this parish had been originally set 
apart for the maintenance of the fabric of Trinity College, and meeting the 
expenses of the Church, but no portion was in any form appropriated to the 
Hospital or its buildings. It appears from the minutes of 6th January 1720, 
that it was suggested that the patronage should be sold for the benefit of the 
Hospital. The Council repudiated the notion of the Hospital having any right 
to the patronage or its price, but they did sell it and ordered the price to be 
applied for behoof of the Hospital ; the sum it brought was £400 Scots. 

A claim seems to have been made on behalf of the Hospital to the 
superiority of Powis, but no trace has been discovered of any reply by the 
Council, nor is it thought that any exclusive claim to it could be substantiated 
by the Hospital, as it was not in any way appropriated to the beidmen. 
There was upwards of £500 realised and applied for behoof of the University. 



The result seems to be that, of the old rental of the beidmen :- 

The subjects in Leith can no longer be traced, except to 
the extent of, . 

The teinds of Wemyss are alleged to have been exhausted. 

Spittal Mylne has been alienated in favour of the Uni- 
versity for a price of, . 

Vthrogall has been transfeiTed to the High School, but in 
such terms that it may possibly be claimed. It yields, 
besides composition, annually, . 



£0 



16 lljV 



150 11 4 



5 9 



ORIGINAL AMOUNT OF HOSPITAL PROPERTY. 115 

There was a payment of £10 Scots annually payable out of First Branch of inter- 

the common good, which has been lost sight of, . £0 16 8 ' 

Farther, there is a possible claim in respect of Blackfriars' ^pe°ty°aM587 '"' 

feus, amounting to, . . . . . 2 5 



The earliest complete view that can be given of the state of the Hospital Amount of Hospital 

1 • 1 c (. , Property in 1611. 

property, as that contained in the accounts oi 1611, when the amount of the 
funds was £22,810, 2s. Scots, or in sterling money, £1900, 16s. lOd., — more than 
half having been handed over to the Hospital by the ministers and session of 
the kirk. 

In addition to the income accruing from that source, there was an income 
derivable from heritage — £83, 6s. 8d. Scots. 

Probably the best idea of the progress of the Institution may be obtained Amount of Hospital 

i roperty in 1644. 

by comparing the state of its funds at considerable intervals of time. For this 
purpose, (1) the funds at 1611 are contrasted with the funds at 1644, — the 
earlier of the periods during which the accounts have been reported on by Mr 
Gillies Smith ; (2) the funds at 1644 and 1744 are contrasted ; (3) the funds at 
1744 and 1845 are compared, — this last being the date when the Hospital was 
closed ; (4) the state of the funds is exhibited as at I5th September 1873 : — 



(1) Comparison of Funds in 1611 and 1644. 

Amount of funds in 1611, ..... £22,810 2 

Income from heritage at that date, £83, 6s. 8d.* 
Legacies and donations received between 1611 and 1644, less 

capital invested lost in the interval, . . . 36,383 16 10 



Carryforward, . . £59,193 18 10 



* It may be explained here, that from thia date all the casualties and compositions 
appearing from the Chartulary to have been received by the Magistrates in respect of sub- 
jects hereafter acquu'ed, have been duly placed to the credit of the Hospital. 



116 APPENDICES. 



First branch of Inter- Brought forward, . . £59,193 18 10 

■ Heritable property purchased, including lands of Coatfield, 

iWs in 1044 and Nether Quarryholcs, and Heriot's Housc, .£55,950 13 4 



£12,000 of this sum remained unpaid 
in 1644. 

Amount of funds in 1644, viz. : — 

Investments, . . £28,774 

Due by Hospital Masters, . 2,743 7 3 

£31,517 7 3 
Less above mentioned debt 

on heritable estate, . 12,000 

19,517 7 3 



75,468 7 

Shewing that the accumulations of income during the 

period had amounted to (Scots), . . . £16,274 1 9 



(2) CoTnparison of Funds in 1644 and 1744. 

Balance of funds in 1644, £19,517, 7s. 3d. Scots, or in sterling 

money, £1,626 8 llf 

Income from heritage at that date, £3577, 9s. 7d. 
Scots, or in sterling money, £298, 2s. S-j^d. 
Legacies and donations received between 1644 and 1744 (not 
including sums paid or property made over for admission 

of individuals), 8,680 7 5^ 

Heritable property sold (Heriot's house), . . . 141 13 4 



£10,448 9 9 



Heritable property purchased, being cost of Dean, and im- 
provements thereon, £4345, lis. Od., and price of house 
built in parks of Dean, etc., . .£4,634 13 11« 



Carry forward, £4,634 13 ll^ £10,448 9 9 



AMOUNT OF HOSPITAL PROPERTY. 117 

Brought forward, . . £4,634 13 11^ £10,448 9 9 First branch of Intei- 

., n 1 n P loCUtor. 

1679-80. Price of three aikers of land from 

Michael Archibald, £1040 Scots, . . 86 13 4 Funds in 1644 and 

1/44. 

Payment to Lord Balmerino in 1673-74 for 

teinds 428 16 6 

£.5,150 3 9« 
Amount of funds in 1744, viz. : — 

Invested funds, . . £3,249 8 10^ 

Due to Hospital Masters, . 385 4* 



2,864 8 62 

Shewing that there had been during the period an excess 
of ordinary annual expenditure over the receipts 



8,014 12 38 



of £2,433 17 5* 

(3) Comparison of Funds in 114^4^ and 184:5. Funds in 1744 and 

Amount of funds in 1744, £2,864 8 6^ 

Income from heritage at that date, £445, 2s. 9fd. 
Legacies and donations received between 1744 and 1845 (not 

including sums paid or property made over for admission 

of individuals), 5,018 16 7« 

Heritable property sold (including £2100 for the Old Physic 

Gardens), 2,904 8 9^ 

Superiorities sold, and sums accepted in relinquishment of 

feus, etc., 1,501 13 5« 



£12,289 7 4« 

Heritable property purchased (land at Coat- 
field, etc.), £1,160 

Repairs and improvements to heritable pro- 
perty, allowances to tenants for ground 
feued, etc., 5,395 14 8 



Carry forward, . . £6,555 14 8 £12,289 7 4^ 



118 APPENDICES. 



First branch of Inter- Brought forward, . . £6,555 14 8 £12,289 7 4* 

""" Expense of building-plans of ground at Leith 

Funds iu 1744 and ^alk, etc., . . . . . 561 10 44- 

Annual sums, capital sum, discount, and in- 
terest paid in connection with road and 
bridge to and across Calton Hill,. . 5,730 9 2 

Expenses of arranging title deeds and other 

law expenses, .... 260 

Payment in redemption of presentation, . 300 

Loss on loan of £4500 to the Town, . . 1,489 18 1 



£14,897 12 3^ 

Balance of debt in 1845, viz. : — 

Amount of Hospital Debt, . £2,585 10 7" 

Due by Hospital Masters, . 311 3 9^ 

2,274 6 10* 



12,623 5 5* 



Shewing that the ordinary annual receipts exceeded the 

expenditure during the period by, .... £333 18 0^° 

Note. — In 1845 there was a small arrear of rents, etc., outstanding, 
of £15, lOs. 3d. 

Funds in 1845 and (4) Comparison of Funds in 184:5 and 187 ii. 

1873. 

Balance of debt in 1845,. ..... £2,274 6 10* 

Income from heritage at that date, £1971, 8s. 7d. 

Legacies and donations received between 1845 and 1873 (not 
including sums paid or property made over for admission 
of individuals), .... £300 

Heritable property sold (including price of 
Hospital and portions of Quarryholes and 
Dean taken by Railway Companies), . 13,112 1 1 

Sums accepted in relinquishment of feus, . 1,243 17 6 

Carry forward, . . £14,655 18 7 £2,274 6 10=^ 



AMOUNT OF HOSPITAL PROPERTY. 



119 



Brought forward, 
Law expenses received, 
Received for permission to work sand, 



House at Deanbank, purchased in 1848, 
Repairs and improvements to heritable property. 

Income from heritage in 1873, £2408, 13s. i 
Payments in redemption of presentations, 
Teinds in South Leith purchased. 
Law expenses paid, .... 

Sundry payments, including payment for 

printing Hospital Charters, . 

Amount of funds in 1873, 

In addition to which there were arrears outstand- 
ing of rents and feu-duties amounting to 
£1348, lis. ll^d. 



period had amounted to, 



£14,655 
168 
100 


18 

10 




7 £2,274 6 
5 



1 i O"'!, 


103 



First branch of Inter- 
locutor. 

Funds in 1845 and 
1873. 












£12,650 2 


19 




£63 












, 2,355 


14 









m. 










200 












315 












1,040 


14 


4 






124 


10 


6 






£4,098 


18 


10 




18,769 





§10 

"" 867 IQ 


gio 


£18,769 8" 
1,348 11 IP 


) 


£20,117 12 83 








ig 1 






ne durii 


the 
. £10,217 17 


51 


South Leith. 

1857 £3,808 8 3 

1858 310 14 10 
1860 25 14 11 



Mote.— It is to be observed that during this period a sum of £4164, 4s. 4d., being under- 



£4,144 18 
19 6 4 



payments of stipend in the locality of South Leith and St Cuthbert's, was ascer- st Cuthbort's. 

tained to be due, and paid by the Hospital,— the payment of this extraordinary ^^'^ 

charge on past income reducing the accumulations to the above amount. £4,164 4 4 

The Governors at present derive no income from Wemyss' trust. They 
are fiars of the estate, but the truster's widow enjoys the whole liferent. It 
consists partly of heritage, which was valued in 1862 at £1770, at which time 
the moveable estate was valued at £4407, 12s. 3d. This sum has sufl'ered 
some diminution in consequence of litigation, but nevertheless the investments 
have shewn some elasticity, and the market value of moveable estate, as at 1st 
August 1873, was £5207. s 



120 



APPENDICES. 



First branch of Inter- 
locutor. 

Present amount of 
Hospital Property. 

£18,769 8" 
1,348 11 115 

£20,117 12 8' 



I. (3.) Tlie Present Amoimt of the Hospital Property. 

Besides the sum of £18,769, Os. S^M. above stated, as funds belonging to 
the Hospital proper, there were, as also noted, aiTears of rents and interests 
outstanding amounting to the sum of £1348, lis. IIM. The Hospital is 
farther entitled to the Trinity College Church Fund, which, as at September 
1873 (subject to any payment still to be made for the erection of a new 
church), amounted to £16,511, 2s. 5^d. These funds, amounting together to 
£35,280, 3s. 2^d., have arisen from the prices (and accumulated interest thereon) 
of heritable property sold chiefly to the North British Railway Company, 
including the buildings and gardens of the old Hospital, part of the Physic 
Gardens, part of Quarryholes, and also part of the estate of Dean sold to the 
Caledonian Railway Company. 

The income derived from heritage is £2408, 13s. 3*d., to which falls to be 
added the rental of Ireland's woodyard, originally bought as a site for Trinity 
College Church. 

The Governors have also an interest in the trusts of the late Mr William 
Lennie and of the late Mr Andrew Wemyss. These are separate trusts, and 
are dealt with below. 

In connection with Lennie's trust, the Governors have right to the estate 
of Auchenreoch, etc., the sum available from which is £184, 14s. 5d. It is 
subject to a permanent charge of £48 a-year for bursars attending the 
University of Edinburgh. They will also eventually have right to annuities 
of £200 a-year, payable from the lands of Ballochneck in Stirlingshire. 



Second branch of 
Interlocutor. 



Investment of Pro- 
perty. 



Second Branch of the Interlocutor. 

II. " The Mode in which these Funds have been from time to time, and 
are at present, invested." 

The early investments were (1) loans to the " guide toun," sometimes on 
its bonds ; sometimes by infeftment, more especially on the common mills of 
the burgh; sometimes the loans have not been directly to the town, but to 
undertakings under its control, as Leith Docks, the Slaughter-House, and Corn 



HOW THESE FUNDS INVESTED. 121 

Exchange ; (2) personal obligations, sometimes with cautioners ; (3) heritable Second branch of 

securities ; and (4) purchases of land. To these have been added more 

recently deposits in bank and railway debentures. Investment of Funds. 

(1.) At first the funds were, whenever an opportunity offered, lent by the 
Magistrates as Governors of the Hospital to the Magistrates as representing 
the Burgh, sometimes employed to prevent the necessity of imposing a general App. p. 219. 
tax, and sometimes to redeem existing wadsets. There were not less than 
£12,000 (Scots) so invested as early as 1598, and in 1631 the loans to the City 
had risen to £27,400 (Scots). This debt was soon after diminished by the 
purchases of land ; but it afterwards increased, and again diminished on the 
purchase of Dean. Latterly, unless when special securities were handed over 
to them as representing funds bequeathed to them in trust, they seem generally 
to have lent their funds to the town directly, or to funds of which the 
Magistrates had the control, — to Leith Docks, to the Com Exchange, and the lo and ii Vict. c. 8. 
Slaughter- Houses. Latterly, there have been large deposits in bank. ^^ ^'^^ ^^ ^"^'" "■ '^^• 

The amount lent directly to the town gradually rose to upwards of £5500, 
of which £4500 were still due at the date of the City Agreement Act, which 
resulted in a loss to the Charity, as appears from the report of Mr Gillies 
Smith, C.A., of £1489, 18s. 

In the year 1861-2 the loans from Trinity Hospital pi'oper funds, and 
from the Trinity College Church funds, to trusts under the town's management, 
amounted together to upwards of £29,000. The loans on the Corn Exchange 
account have been entirely paid up, and the loan on the Slaughter-House 
account is reduced to about £3000, and it is expected will be extinguished in a 
couple of years.* 

(2.) Considering that they lent on personal security, there are not many 
records of bad debts written off at an early date. It may be that no better 

* The taking of City Bonds of Annuity was originally part of the statutory arrangement 
with the creditors, including other tiusts as well as this. The principle of lending trust 
funds in the hands of the Corporation, foi' purposes connected with the municipality, seems to 
have been sanctioned during the present session of Parliament by the Edinburgh Markets 
and Customs Act. 

VOL. II. Q 



122 



APPENDICES. 



Second branch of 
Interlocutor. 

Investment of Funds. 

Council Records, 
vol. xii. p. 249. 



Hosp. Accounts, 
1725-6 and 1775-6. 



security can be obtained than such statutory Corporation loans ; but the 
difficulty remains, that the Corporation in different characters are lenders and 
borrowers to and from themselves. 

On 5th February 1617, the sums owing to the Hospital by the executors 
of the late John Robertson and the late John Ousteane, were ordered " te be 
deleit " from Hospital accounts, and intimation was ordered to the Sessioun 
OF THE Kirk " that they might consent." 

9th January 1622. — " Upon considerations, 400 pounds principall, 4 score 
bygone interest, due to the good toun, by the late Junics Dalzell, as also the 
resties of umq"^'' Margaret Cokburne, contenit in the same Hospital's comptes, 
in respect the same is desperat, to be delete furth of the charge of the Hospital 
comptes." 

There are other examples of much more recent date. 

A sum, £200, was written off in 1770, being the balance of a loan of 
£600, for which heritable security had been given, but on the death of the 
borrower bills had been taken. 

A sum of £135, ISs. Id., being a balance of a loan in 1726 to Douglas of 
Glenbervie, for which he had given apparently a personal bond with caution, 
was written off in 1776. Arrears of interest, amounting to £219, 14s., was 
carried forward as "desperate" up to 1809, when it finally disappears from 
the Accounts, along with a number of small debts, amounting to about £150. 

Occasionally tenants fell into arrears, which came ultimately to be 
written off. Thus a sum of £177, 16s. 2d., written ott" in 1809, was made 
up mainly of arrears of rent and feu-duties, due sixty years before. One of 
the states prepared by the accountant shews that between 1828 and 1845, 
£1854, I7s. 3d. of arrears of rent were written off. 



(3.) The Governors, from an early date, besides generally infefting the 
Hospital in the town mills in security of the sums they took in loan, seem to 
have availed themselves of heritable securities for funds which they did not 
keep in their own hands. Thus we find that in 1609, they lent to the Earle 
of Wyntoun, on heritable security, £8000 Scots, and in 1610, a farther sum of 
£5333, 6s. 8d., amounting together to more than half of the funds belonging 
to the Hospital. 



HOW THESE FUNDS INVESTED. 



123 



(4.) Purchases of land : — 

1628. The lands of Coatfield, at the price of, 
22 acres of Coatfield, 

1641. 16 acres of land, Nether Quarryholes, 

1642. Heriot's house and towne, 



(Scots) 







Second branch of 
Interlocutor. 


£39,000 
10,376 






Investment of Funds 



6,333 


6 


8 


241 


6 


8 


£55,950 


13 


4 



There were two bondholders over these last mentioned subjects. The Troup's Mortifica- 
holder of one for £500 (Scots) wished to give the sum in the security to the ''""' ^^' ^' '' 
Hospital; and the creditor in the other — which was for £367 (Scots) — who 
had compromised on his bond, offered to dispone to the Magistrates, if they paid 
for his debt 350 merks. This offer was accepted. The lands were at the 
date of the transaction subject to a liferent, which subsisted till 1655. From 
that date, they yielded £100 a-year, and they were eventually sold in 1698 
to James Dalrymple for £1700 (Scots). 

1679-80. Three aikers of land from Michael Archi- 
bald, ..... (Scots) £1,040 

1739. Part of the estate of Dean was purchased, and 
extensive permanent improvements immediately 
executed, the whole at a cost of (sterling),* . £4,634 13 11^ 

* Note. — There were invested in this purchase the sums contained in the following 
mortifications : — 

Charles Scherare, ..... 
Sir James M'Lurge of Vogrie. 

These were given generally without any condition. 

Under the following, rights of patronage were reserved :- 
Lady Grizel Senipill, . 
William Brown, Dalgourie, . 
George Watson, 
John Wightman of Mauldsly, 
John Hog of Cambo, 
Robert Murray, 
Jolin Young, . 



Appendix 


p. 225. 


)> 


p. 252. 


Append! s 


. p. 254. 


)) 


p. 255. 


» 


p. 256. 


)» 


p. 256. 


)) 


p. 257. 


" 


p. 258. 


j> 


p. 259. 



124 , APPENDICES. 



Second branch of 1795. Five additional at Coatfield, . . . £700 

Interlocutor. „ 

1828. Other trifling purchases, . . . . 210 



In vestment of Funds. 



£18,769 81" 
21,348 11 IP 



There have been other purchases of heritage connected with the rebuild- 
ing of the Trinity College Church, viz. : — 

(1.) A site on the Calton Hill, which cost in 1851, . £1,260 

and was resold in 1858 for £880. 
(2.) Ireland's Woodyard, which cost in 1853, . . 1,700 

This property has been scheduled by the City 
Improvement Trustees. 
(3.) The site upon which the Church has been event- 
ually rebuilt, which cost in 1871, . . 1,760 

W. Lennie's Trust. 
The lands of Auchenreoch were not purchased by the truster. 

Andrew Wemyss' Trust. 

The same remark applies to heritable subjects of which the Governors 
of Trinity College are fiars under this trust. They are tenements in the 
Vennel, Borthwick's Close, Advocate's Close, and St James Square, and in 
1862 were valued at £1770. 

The state of investments of the Hospital's moveable funds appears as 
at August 1873 to be : — 

1. Trinity Hospital Charity. 

On bond by City of Edinburgh annuity, . . . £11,072 18 

On deposit receipt with Bank of Scotland, . . . 7,427 9 7 

On account current with do., ..... 264 10 

Cash balance due by Treasurer, . . . . 4 12 3^" 



£18,769 81 



£0,117 12 8^ Note.— Besides the above Fund, an arrear of rents and feu-duties 

was outstanding at tlie close of tlie accounts before the 
Reporter, amounting to £1348, lis. IPd. 



Carryforward, . . £18,769 81" 



HOW THESE FUNDS INVESTED. 



125 



Brought forward, 

2. Trinity College Church Fund. 

On loan to Edinburgh Slaughter-Houses 

Account of the Corporation, . . £3,118 2 

On deposit receipt with Bank of Scotland, . 11,790 12 8 

Account current with do., . . . 1,599 9 4 

Cash balance due by Treasurer, . . 3 3* 



Note. — Besides the above, there was at the close of the accounts an 
arrear of rent outstanding of £24, 19s. 

3. William Lennie's Trust. 

Balance on account with Bank of Scotland, . £241 12 3 
Balance due by Treasurer, . . . 2 8 5^ 



£18,769 81" Second branch of 
Interlocutor. 

Investment of Funds. 



£16,511 2 5' 
24 19 

16,511 2 53 £"l6..')36 1 h^ 



244 


8" 


£244 8" 
116 9 2 


£360 9 10= 

£20,117 12 8 
16,536 1 52 


£35,524 


3 107 


360 9 10= 






£37,014 4 



Note. — Besides the above, there was at the close of the accounts an 
arrear of rent amounting to £116, 9s. 2d. 



4. Andrew Wemtss' Trust. 
Stocks in Public Companies, the value of which at 1st August 1873 is 
believed to have been about — 



1. Perth Gas Company, annuity of £4, 7s. 6d., 

2. Aberdeen Gas Company, 174 annuities of 5s. each, 

3. Edinburgh and Leith Gas Company, 27 shares, . 

4. Edinburgh and Leith Cemetery Company, 690 shares, . 

5. Edinburgh and District Water Trust, annuity of 

£48, 3s. lid., ...... 

6. Great Western Railway, thus — 

£200 Rent-Charge Stock, . . £231 

£570 Consolidated Guaranteed Stock, . 655 10 



£95 18 





1,044 





920 


() 


1,138 10 





1,124 11 






Note. — At the close of the accounts there was a cash balance due to 
the Treasurer of £2, 2s. 6d., which falls to be deducted from 
the above sum. 



886 10 
£5,209 9 6 



£5,209 9 6 
2 2 6 

£5,207 7 



126 



APPENDICES. 



Third branch of 
Interlocutor. 

Conditions of 
Mortifications. 



Third Branch of the Interlocutor. 

III. "The terms and conditions of any Grants or Mortifications which have 
from time to time been made by private individuals, in favour of the 
Charity or of the Trustees of the Charity." 



Hospital Records, 
vol. vii. p. 105. 
15th June 1803. 



Hospital Records, 
vol. viii. p. 136. 
28th May 1821. 



Council Records, 
vol. xxxvi. p. 193. 
23d Nov. 1798. 



It appears that many important documents connected with the Hospital 
were trusted to the personal keeping of the Treasurer ; and that the plans of 
the lands, a book containing the mortifications thereto, the printed Statutes, 
and other documents, were early in the present century destroyed by fire in 
the shop of the Treasurer. An order was given to have proper steps taken for 
replacing them ; but this order was not carried out effectually, although a 
payment of £136 was made for arranging papers and making an inventory. 

The want of any complete collection or even inventory of the Hospital 
writs, had been a constant matter of complaint from a date long before 
the fire. 

There have, however, from time to time, been various lists of mortifications 
made out by successive Hospital masters. There is even a volume called 
" Book of Mortifications," but none of these were at their date perfect, and there 
has not hitherto existed any complete list. 

There has, therefore, been compiled, and will be found appended, a com- 
plete list of all mortifications, amounting to more than 200 merks during the 
earlier period, and of all amounting to £100 after the accounts were kept in 
sterling money. The small figure of 200 merks was adopted for the earlier 
period, because it appears that the interest of £200 Scots was sufficient for the 
maintenance of an inmate. In order to make it up, the minutes of the 
Hospital and the annual accounts, and also the Council minutes have been 
examined. Copies of a considerable number of the more important benefac- 
tions were preserved in these minutes. With regard to the more important of 
the others, a search has been made in the Commissary Records, and so much of 
each testament as threw any light on the legacy has been extracted, and in the 
course of these searches many of the less important bequests were found. 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 127 

In the list of bequests and donations, references will be found to the Third branch of 

terms of those of minor importance, taken either from the terms of the 

entry in the accounts, or from the terms in which the mortification has MOTfifiol'ttona. 
been entered in the minutes. ^ 

When the minutes of the Hospital or of the Council professed to give 
either the words or a full narrative of any of the larger mortifications, 
their accuracy has been relied upon. The contrary interests of the patrons 
and trustees seem to aflPord a sufficient security against the record contain- 
ing material departure from the terms of the foundation. 

This safeguard did not exist in regard to the Alexander foundation, 
and there was an ambiguity in the entry of it in the Hospital minutes, 
which rendered it necessary to go to the records for its precise terms. 

It will be convenient here to call attention to various points in the 
administration of the Charity, as they arise in connection with the difierent 
mortifications which have fallen under the management of the Governors. 

Robert Johnstoun's Mortification. 
The earliest legacy of much importance is one by Robert Johnstoun 
of London, who executed a will and codicil in 1639, and seems to have Rott. Johnstoun's 
died in the end of that year, or early in 1640. Mortification, 1640. 

•^ -^ App. p. 234. 

As there were various legacies bequeathed to the City of Edinburgh 
for behoof of the poor, as well as to other towns in Scotland, it has been 
thought right in the Appendix to give examples of the terms in which 
these were expressed. Here follow the words in which those to Edinburgh 
are bestowed : — 

"£1000 Sterlinge to be ymployed in stock to sett the poor of the 
said Cittye at worke, and doe appoint the increase of the stock to be 
distributed amongst ye poore of the said Cittye yeirly." 

"£1000 Stg. more, they putting in sufficient securitye unto my said 
Executors and Superuisor to employ the said soume on stock or mortgage 
of lands towardes the reliefe of the poore people of the said Citie of 
Edinbourgh in perpetuitie." 



128 



APPENDICES. 



Third branch of 
Interlocutor. 

Robt. .Tohnstoun'f 
Mortificutiun. 



Council Records, 
vol. XV. p. 220. 



The first legacy to the town of Edinburgh was paid over to the charity 
known as Paul's Work, in which work was at that time provided for the 
poor. The second legacy was paid over to the Trinity Hospital. 

It is evident that there was difficulty felt at the time as to the 
destination of the fund, and it was only after mature deliberation that 
it was resolved to devote it to the purposes of the Hospital, for the minute 
of the Council, of date 18th March 1640, bears — 



18th March 1642. — "And understanding also that soumes and legacies 
of that nature hes been vsuallie bestowit upon the hospitall for reliefe of 
the said poore. For which cans the saidis provest, baillies, and counsell 
hes with consent of the ministre and severall sessiounis of the parochenis 
of this Burgh assigned the samen to the Masters of the said hospitall in 
name thairof, and hes causit Sir William Dick of Bi'aid, in whais handis 
the soume wes, give band to the saidis Maisteris for payment thairof at 
Witsounday next." 



Hosp. Accounts, 
1646-7. 



The legacy had been settled by Johnstoun's trustees by an assignation 
to a bond by Sir William Dick of Grange. Sir William in 1647 paid up 
£9312, 2s. ; and, in the same year, a bond for £10,000 over Coatfield was 
paid off", so that probably this legacy was invested in the purchase of 
this estate. 

Little corroboration has been found of the statement, that legacies, 
expressed as this one is, were in use to be handed over to the Trinity 
Hospital. The form of expression employed is extremely rare. It might 
have been argued, that the earlier legacy being devoted to a class of poor 
who were at that time attracting much attention, and were able to work, 
this legacy, being differently expressed, might appropriately be applied to 
a class who were not able to work, like the " bedrills " and others who 
were accommodated in the Hospital. At anyrate, this disposal of the money 
as the most useful way of applying it, was arranged by the bodies who 
had charge of the poor outside of the Hospital, and who were at that 
time also constantly consulted on the affairs of the Hospital. 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 129 

Were this act of the Magistrates and Council open to challenge, it Third branch of 
would be at the instance of the Parochial Board, as having charge of the " !L21" °^' 
" poore of the cittye." * Robt. Johnstoun's 

Alexander's Mortification. 

This is the most considerable of the bequests to the Hospital, and the Alexander's Morti- 
Magistrates were so pleased on getting it, that they conferred the honour of , 
burgess and guild brother on the agent who had been mainly insti'umental Council Records, 
in procuring it, and allowed the mortifier, Mr Alexander of Knockhill, to be ^"'' '''"'^' ^' ^^^' 
buried in the Greyfriars' Church. 

The mortification is contained in two writings, a principal deed and an 
eik. By the first, Mr Alexander understood himself to be settling 40,000 
merks Scots, and by the eik some 9280 merks more. By the principal deed 
he disponed in favour of the "Trinity Hospital], and to the poor thereof 
after specified, and to John Miller, present theasurer thereof, and succeed- 
ing theasurers thereof, for the use and behove, and to the effect after 
specified. All and Haill the soume of fourtie thousand merks Scotts," the 
interest whereof he appointed " to be imployed towards the accommodat- 
ing and intertaining of twelve indigent persones, viz'., eight men and four 
women," "qualified and applying in the manner after mentioned," "who 
have been of good reputation, and have not fallen into decay through their 
own vice or prodigality, to be received into the said Hospitall," "and to be 
accommodate and intertained therein at the rate and expense of the other 
persones who are or shall be received in and intertained upon the former 
mortificatione belonging to the said Hospitall, . . . being twentie merks money 
forsaid," "by and attour the ordinarie allowance of the other persones 
in the said Hospitall, the saids indigent persones being always subject to 
the laws of the said Hospital!." 

The deed goes on to provide, — in case, by frugal management, the expense 
and charge of "the saids twelve persons in maner forsaid shall not extend to 
and exhaust the haill annualrent yearlie of the said principal soume, then, and 
in that caise, I doe heirby destinat and appoynt the superplus thereof to be 

* The affairs of Paul's Work have been comprehensively treated in Vol. I. — J. C. 
VOL. II. K 



130 



APPENDICES. 



Third branch of 
Interlocutor. 

Alexander's Morti- 
fication. 



imployed yearlie and joyned to the said stock, and the annualrent of the new 
stock to be imployed for intertaining of more of the like indigent persones at 
the rate aforsaid, so far as the samen will reaclL" The qualification is thus 
expressed : — " I. Those of my own kindred, friends and relatives upon father 
or mother side : II. Those of my own surname of Alexander, who shall apply 
for the benefits thereof within the space of three score days nixt after any 
vaccancies shall occure, and that whither they be burgesses of Edinburgh or 
not ; and failzeing these, of such indigent persones qualified in manner forsaid, 
as the saids patrons underwritten shall think fitt." And " the ease and 
benefite of the said vaccancies is hereby appoynted to run up and be added to 
the said stock, except the necessarie expenses of the burialls of the said 
persones by whose decease the said vaccancies occurs." III. The deed then 
proceeds to dispone in favour of the Hospital, and indigent persons foresaid, 
the " theasurer of the said Hospitall, and his successors in the said office of 
theasurer and patrons after specified, feoffees of trust and administrators for 
the use and behove of the said Hospitall and indigent persones forsaid, All and 
Haill " the principal sums and securities held for the same. 

There was a provision that " how often the sums mortified, or any part 
thereof, shall be uplifted be the theasurer of the Hospitall and patrons forsaid, 
they shall be bund and obleidged " " of new againe to secure, wair, bestow, and 
imploy the same upon sufficient and well holdine land, or other good and 
sufficient securitie for annualrent, payable to the said theasurer of the said 
Hospitall and patrons thereof and their successors," " for the use and behove 
of the said Hospital and indigent persones forsaid." Then follows a provision, 
" that the saids twelve indigent persones, and such as may be added," " are to 
be intertained upon the annualrent of the said soume of fourtie thousand 
merks forsaid, and new stock, in caise the samen shall be augmented," and 
that it shall not be lawful to apply any part of the principal sum "or 
augmented stock " for their maintenance, but that the same shall " remain 
enteir, unbroken upon, or medled with, nor applyed to any other use, but to 
remaine as a perpetuallie mortified stock to the use and behove forsaid in all 
generationes to come." 

The mortifier then appointed " the Lord Provost and Baillies and Counsell 
of Edinburgh, and their successors in oflSce, for the communitie thereof, and 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 131 

ministers of the said burgh, present and to come, to be the sole and undoubted Third branch of 

patrons of this my grant and mortificatione : And farder, I hereby nominat 

and appoynt and earnestlie entreat the Right Honourable the Lords of Counsell ^Jation^^'^^ ^°'^''" 

and Sessione for the time being to take the inspectione and oversight of this 

my grant and mortificatione, that the samen be exactlie keeped, observed, and 

fulfilled be the saids patrons and theasurer of the said Hospitall for the time 

being, according to the tenor of this my present gift and mortificatione in all 

poynts." 

The sums contained in the eik seem to have been intended to be subject 
to all the conditions declared as to the orignal sum ; and their annualrents, the 
testator says, " I doe heirby appoynt to be imployed for intertaining als many 
moe indigent persons of the qualitie fors'"" as the samen will extend to, at the 
rate and conforme to the said principal mortification of fourtie thousand merks 
money for"'*, and expresslie in the tearmes yrof." 

Now, for the first time, the Right Hon. the Lords of Council and Session 
are called upon to take inspection and oversight of this mortification. 

It is necessary to attend somewhat closely to the course of management 
which has been followed. 

The testator died in 1696. 

The first entry in the Hospital book on account of this trust is in the 
discharge side of the Treasurer's accounts for the year 1695-1696. " Item, for 
paid out charges expended by the compter upon the procuring of Mr James 
Alexander's mortification, it being in agitation for the space of two years, £60." 

The securities for these sums mortified, were mainly over the Annandale 
estates, and over Westerhall, the property of Sir James Johnstone. 

The first receipt on account of the trust is in the accounts for the year 
1697 to 1698. 

" Westraw's annualrent on £65,356, 8s. for the year preceding Whitsunday 
1696," is £336, 19s. 

The Earl of Annandale claimed that there should be an accounting for 
intromissions had by Alexander's father with the rents of the lands embraced in 
some of the securities, while the Magistrates contended that, in the circum- 
stances, there was no obligation to account. 

There seems to have been some difiiculty in settling the exact sum due by 



132 



APPENDICES. 



Third branch of 
Interlocutor. 

Alexander's Morti- 
fication. 

Council Record.?, 
vol. xxxvi. p. 362. 



Hospital Records, 
vol. i. p. 46. 
12th Nov. 1733. 



Hospital Records, 
vol. ii. p. 171. 
28th Nov. 1744. 



the Earl of Annandale. A compromise was entered into. The Council Records 
of 11th August 1699 shew an agreement to abate £2896, 16s. Scots of the 
Council's claims, and an adjustment of the sum of £20,704 Scots as the sum 
to be taken as due by his Lordship, with interest from Candlemas 1699. This 
sum thereafter continued to be treated as the capital sum due by his Lordship, 
and interest seems to have been paid from Candlemas 1700 to Candlemas 1701. 

There is no trace in the accounts of the Hospital of the recovery of any- 
thing from the other parties mentioned in the eik, so that the trust estate came 
to consist of sums amounting in all to 40,850 merks (Scots), lent to the Earl of 
Annandale and to Johnstone of Westerhall or " Westraw." They were paid up 
respectively in 1743-4 and 1753. 

The first impression of the Reporter, on considering the Alexander Deed of 
Mortification, was, that a separate trust was created, and that the funds must 
necessarily have been kept separate, in order to carry out the purposes of the 
trust. But on examining the accounts after the first few entries, there is no 
reference to the name of Alexander ; and the interest of the bonds was treated 
as part of the general income of the Hospital Charity. The Reporter has 
nevertheless attempted to discover what was done with the sums in the bonds 
over the Annandale estates and over Westerhall when they were paid up, in 
case they might be identified as still forming Alexander's trust estate. Before 
either of them was paid up, it was suggested to the Governors that when that 
happened, " it would be necessary to lay the said money out upon lands," — 
but that idea was not acted on. 

The money lent on the Annandale estates was paid up at Lammas 1744, in 
sterling money, ....... £1725, 7s. 8|d. 

The full payment made amounted, including interest, to £1900. 

Of this a sum of £600 was lent at 5 per cent, to Mr James Baillie, on the 
security of the estate of Pitlethie, with the addition of a cautionary obligation 
by his son, Mr Robert Baillie. After the death of Mr James Baillie, on 24th 
August 1753, this sum was paid up, £500 being received in cash; and of the 
same date, a bill was granted by Mr Robert Baillie and a brother for £200, of 
which a note in the accounts explains that " £100 is proper to stock, and £100 
proper to revenue," there having been at the date of the transaction arrears of 
interest due. The interest of the £200 was also allowed to run into arrear to 



CONDITIONS OF GEANTS OR MORTIFICATIONS. 133 

the extent of £167 ; and ultimately, on 6th December 1770, £118, 16s. 3d. was Third branch of 

_ , J J , Interlocutor. 

accepted in full of the interest, and the £200 was written on as a bad debt, 

though the correct way of dealing with the payment made would have been to f^^^^-^^ 
have applied it, in the first instance, to replacing the capital. The £500 repaid Council Records, 
on 24th August 1753, was on 12th September lent to the City at 4 per cent., and ^° ' '""' ^" 
the bond for this sum was outstanding at the date of the City Agreement Act. 

Of the remainder of the £1900,— the sum of £520 was immediately, on 
being paid up, lent to the town, and £450 to Provost Stewart, at 4 per cent., for 
three months, after which they were lent, along with other Hospital funds, to Hospital Records, 
Douglas of Edrington, on a heritable bond for £1800, at 5 per cent. This bond 5th' ce^' 1744. 
was in turn paid up, and with other funds lent, in 1748, to the town, at 4 per Council Records, 
cent., forming part of a bond for £2000 which was still due at the date of the 3^ 'reir'i748. 
City's getting into difiiculties. 

The money lent to Sir William Johnstone of Westerhall, and secured over lb. vol. Ixx. p. 344. 
that estate, was paid up in 1753 ; and the amount, £544, 13s., together with 
£5, 7s., was lent to the town at 1 per cent, below the legal rate of interest ; and 
a bond for £550 then granted by the City was, like those above mentioned, 
still outstanding in 1835, and embraced in the debt included in the City 
Agreement Act. 

Thus the Alexander fund supplied more than half of the £4500 on which 
occurred the loss of £1489 noted above. 

Although in the absence of all statement by the Magistrates as to what 
view they take of the history of this fund, or of their liabilities in regard 
to it, the Reporter has thought it right to present these facts to the notice of 
the Court. It does not seem to follow from the case of Cuthil v. Burns, that 24 D. p. 849. 

. n 1 T J 1 i. 20th Mar. 1862. 

because the money can be traced, it must be treated as ear-marked, and kept 
separate. He thinks the Governors did not understand themselves to be so 
dealing with it, unless possibly at the date of their minute in 1838, and in one 
early minute where they resolved to postpone filling an Alexander presentation, 
because they were incurring expense in completing their title to the Annandale 
securities. In their " observations," they consider it quite unnecessary to keep 
the trust funds separate. ^PP- P- ^°'^- 

How completely they regarded the trust as merged in the general Charity, 
is illustrated by the way in which, when they came to settle the price of the 



134 



APPENDICES. 



Third branch of 
Interlocutor. 

Alexander's Morti- 
fication. 

Council Records, 
vol. Ivi. p. 29. 
28th May 1735. 



estate of Dean, which they bought in 1739. They directed Westerhall's bond, 
along with others, to be called up to meet the expense of improvements 
executed on the estate ; but the Treasurer did not act on the directions, and so 
the money remained in Westerhall's hands till 1753. The investments actually 
made were not made in terms different from those applicable to the other funds 
of the Hospital, or indicating that they were to be kept separate for the 
Alexander mortification. They were not, as directed by the deed of foundation, 
taken "payable to the Treasurer of the said Hospital and patrons thereof" 
(among whom were " the ministers of the burgh present and to come ") " and 
their successors, in name and behalf," etc., of the Hospital. The inference is 
that the Governors never intended to keep the Alexander funds separate from 
the rest of the Hospital property. 

Immediately on receiving payments of interest of the obligations assigned 
by Alexander's mortification, the Governors proceeded to make appointments 
under the deed. 

One was made in 1697, three in 1698, and nine in 1699, often expressed 
with the very proper caution that they were not to be received into the 
Hospital till enough of the mortified sums were recovered to provide for their 
support; so that, assuming only one death to have occurred, there is every 
reason to suppose that the year 1700 commenced with the full number of 
twelve on the roll. 

Such minutes as those of 21st March 1744, which mentions five vacancies 
on this fund; 7th March 1750, which mentions four; 28th February 1753, and 
5th September 1759, each of which mentions two; 20th January 1790, which 
speaks of three, necessarily suggested inquiry as to how far the number con- 
templated by Mr Alexander had been kept on the establishment. Two circum- 
stances made it impossible that the full number should be maintained, viz., first, 
that the trust-deed was drawn on the assumption that the interest would 
amount to six per cent., whereas only five and a-half per cent, was obtained at 
the truster's death, and soon after the rate was reduced to five per cent, [in 
1753 the town professedly allowed only four per cent.]; and second, the cost 
of inmates gi-adually increased far beyond what the founder originally con- 
templated. But, whatever number may have been on the roll, the inquiry 
remains open, whether from year to year the income of the mortified sums had 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 135 

been expended ; for, if not, there was a special rule of accounting laid down, — Third branch of 
vacant income was to be added to the principal and laid out at interest, and ° ef^o™ or 
only the income, and no part of the principal sum, " or augmented stock," was Alexander's Morti- 
to be expended in enlarging the scope of the Charity. This having been 
prescribed, as the law of the trust, it would follow that if in any year there has App. p. 35. 
been over-expenditure beyond the income, the Governors would not be entitled 
to credit for it. 

It appears from the terms of Mr Alexander's deed, that he contemplated 
that all the beneficiaries on his mortification should be maintained in the 
Hospital, and at a cost of at least £120 Scots, or £10 per annum sterling ; and 
at the date of Mr Alexander's death all the beneficiaries were resident. But as 
early as 1708 there commence entries of an allowance of £10 a-year paid to a 
relative of the founder, named Agnew ; and some years later a practice grew 
up of the Governors appointing pensioners on the general fund of the Charity 
who were not taken into the house, but received an allowance at the rate of 
10s. a-month, or £6 a-year, and as early as 1757 two such out-pensioners are 
found on the Alexander fund. In 1760 there were three, and ever since there 
has been a varying number of out-pensioners, whose appointments were 
minuted as having been made on the Alexander fund. 

There has been considerable difficulty in ascertaining how long the full 
number of twelve beneficiaries was kept on the roll, and in fixing from year to 
year the exact number of inmates on the Alexander fund, but it is believed that 
the difficulty has been overcome. 

The Governors seem always to have recorded the fact when they were 
admitting inmates on the Alexander fund, and where the party admitted on 
it did not bear the name of Alexander, the relationship to the founder is 
always specified. 

Besides this, the " house books," which contain a record of the daily ex- 
penditure, have a column for " incidents," in wliich are generally recorded 
the dates of persons coming into the house, and the dates of their deaths. 

The Treasurer's accounts, too, contain an annual statement of the expense 
of funerals, and of the amount realised from the sale of the efiects of deceased 
members or found in their chests ; and very often, but not invariably, these 
entries shew the names of the parties deceased. The information derived from 



136 



APPENDICES. 



Third branch of 
Interlocutor. 

Alexander's Morti 
fication. 



Hospital Records, 
vol. xi. p. 90. 



these sources can be checked by occasional complete lists which have been 
preserved. 

With the aid of these materials, a complete list of all persons appointed 
on the Alexander fund has been made up from 1739 to 1802, at which date 
a regular set of registers was commenced. The result seems to be that seven 
was for a long time the general number of inmates on this fund, and this 
tallies with the statement in 1744 that there were then five vacancies, for 
the number actually on the I'oU had been reduced to two. 

During the present century the sources of information are generally more 
satisfactory. Besides those applicable to the earlier period, there are two 
volumes entitled "Trinity Hospital Register Book," which contain complete 
lists of the beneficiaries, both inside the Hospital and out-door, from 1802-3 to 
1S16-7, and for the year 1823-4. From 1845 all payments were simply cash 
transactions, and so can be ascertained with absolute certainty. 

Of date, 6th October 1838, a report by a Committee was presented to 
the Governors, in which they state that, supposing the whole of Mr Alexander's 
donations, contained both in the principal deed of foundation and in the eik, 
to have been realised in sterling money (£2727, 15s. 8d.), the Alexander fund 
at four per cent, would have yielded £109, 2s. 2d. per annum, and that the 
cost of each inmate was £37, 9s. Id. per annum ; and " find that if there were, 
as has usually been the case, two inmates of the house and six out-pensioners 
on Alexander's fund, the expense of these would be fully equal to the annual 
value of sums mortified. The Committee, therefore, report that the Governors 
should declare that in future the benefit of this fund should be limited to two 
inmates and six out-pensioners, and that the vacancy in the house caused 

by the transfer of Alexander to the pension list should be intimated 

and filled up at the election in February next. (Initd.) J. S. — The Magistrates 
and Council approved of the report by the Committee." 

This minute was supposed to be acted on generally till the sale of the 
building of the Hospital. When this event took place, there were two 
Alexander pensioners in the house; they received for the rest of their lives 
£26 a-year, not the £37 calculated as their cost in the Hospital. When they 
died, they were replaced by pensioners receiving £20 each. On 1st May 1860, 
the out-door pensions were raised to £8, and on 21st October 1861 to £10 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 137 

a-vear. At present there are on the roll two receivincr £20 a-vear, and eieht Third branch of 

••,., ,.,iT-,, Interlocutor. 

receiving £10 a-year. The great majority oi those on the Alexander Fund 

, . , , , 1 Alexander's Morti- 

have throughout been women. fication. 

There are thus manifestly some points on which the purposes of the trust 
have, whether rightly or wrongly, not been carried out. 

1. Twelve inmates of the Hospital were contemplated, and, unless perhaps 
occasionally, that number never has been kept on the roll. From the circum- 
stances above explained, the Governors do not seem to blame for this, unless 
they were bound to accumulate, and have failed to do so; and the interest 
of the augmented stock would have enabled them to maintain the full 
number. 

2. The proportion between the sexes was fixed at eight men to four 
women. There have generally been far more women than men on this 
foundation. 

3. All the beneficiaries were to be in the Hospital, maintained on the 
same footing as the other beneficiaries, and with some extra allowances. Since 
1757, some of those supposed to enjoy the benefit of the Alexander mortifica- 
tion have not been maintained in the Hospital, but on an inferior footing. 

4. The investments have not been taken in the names directed. 

5. There has been no accumulation of surplus income adding it to the 
stock. 

6. The patronage has not been exercised by the persons on whom it was 
bestowed. This point, however, will be dealt with separately. 

Whether the failure of the trust purposes has been inevitable, or the 
result of breach of trust on the part of the Governors, — and if the latter, 
how far effect may for the future be given to the truster's wishes, are 
points requiring consideration. 

Where funds are left to the trustees of an existing charity, there may 
be (1) a direct benefit intended to the charity; or (2) an indirect one 
through the existence of a surplus after providing for some primary 
purpose; or (8) there may be a contract with the trust, whereby they 
come under a specific obligation, and took their chance of profit or loss ; 
or (4) the trustees of the existing charity may be constituted trustees of 
an entirely separate trust for kindred purposes. • 

VOL. II. S 



138 



APPENDICKS. 



Third branch of 
Interlocutor. 

Alexander's Morti- 
fication. 



Among the mortifications, of which a list is appended, examples will 
be found of each class. 

The Alexander mortification does not fall within either of the first 
two cases, for there was by the trust-deed an exhaustion of the whole 
estimated revenue, to meet purposes other than the ordinary purpose of 
the Hospital Charity, and a specific provision as to how the annual ac- 
cumulation of any balances which might arise was to be applied. 

It can hardly be supposed that the third view was taken by the 
Governors of the Hospital, for they have often failed to have the full 
number of beneficiaries on the roll ; and, for the last century, they have 
not supported in the house the whole of those whom they did put upon 
the roll. 

If there have been breaches of trust, and if the funds are held to 
have been improperly mixed with those of the Hospital Charity, unless it 
be also held that the Alexander trust must suffer from the further irregular 
act of the Governors having lent the money to themselves in a difierent 
character, then there seems room for an accounting, and it is impossible 
that the directions given as to investment, expenditure, accumulation, and 
patronage, could have been carried out without something equivalent to an 
annual accounting. 



The Reporter is not prepared to say that the materials for an account- 
ing do not exist from the date of the mortification. He is confident that 
they exist from 1739, when there is the list of the beneficiaries in the 
hand of the ofiicer of the Governors, excepting for the years 1784-91, the 
accounts of which were burnt ; but before engaging in an accounting of 
so serious, and, it must be admitted, unusual a nature, he was anxious to 
know the views of the Governors, and he called attention to the number 
of vacancies which the minutes of the Governors shewed had existed at 
various times, and the cost of supporting inmates at different dates. He 
called attention also to the fact that, throwing out of view any accumula- 
tions during last century, an accounting for the present century would 
probably shew a large accumulation. He desired some formal statement 
by. the Governors as to the footing on which they considered that their 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 139 

predecessors had administered the Charity, — as to their own legal relation ^^^jgrfocuto"^ 

to the Trust, — and the footing on which they considered themselves bound 

.J Alexander's Morti- 
to act for the future ; and he understood such a statement was promised, fication. 

but he did not receive it. 

Nevertheless, thinking it might prove useful, he asked Mr Gillies Smith 
to commence an account as between the Governors of the Hospital and the 
Alexander fund, doing what would ultimately be available if an account 
were ordered, but carrying the matter no farther, in the meantime, than 
would suffice to suggest some probable results, and illustrate the materiality 
of the inquiry, and the necessity of guiding principles being laid down. 
The accounts cannot be effectively gone into at all without much detail, 
for as vacancies occurred every year, and at various periods, the number 
was seldom full for the whole year; and in order to ascertain the cost of 
an inmate with a view to fixing the precise amount of expenditure on the 
Alexander beneficiaries, the periods of every vacancy in the whole establish- 
ment must be ascertained. 

The books, as has been said, seem to enable this to be done even for 
the period prior to 1802. 

From that period to the close of the Hospital in 1845, the books have 
been so kept as to make the operation easy. 

From 1845 to the present time, the question is a simple one of summing 
the cash payments made to Alexander beneficiaries, and comparing them 
with the interest to be allowed on the capital of the trust estate and 
accumulations. 

With the earliest of these periods the accountant has not dealt. 

On the vacancies admitted on the face of the minutes between 1745-1750, 
there ought to have been in 1750 an accumulation of upwards of £300 
without charging interest. It seems clear that a considerable sum ought 
to have been accumulated, if only admitted vacancies during last century 
were taken into account, even if no interest were charged. 

The second period, from the commencement of the register, and the 
third period, along with end of the first, have been taken up, and an account 
stated for the present century, without making any allowance for accumula- 
tions during last century. It shews under-expenditure for the first eleven 



140 



APPENDICES. 



Third branch of 
Interlocutor. 

Alexander's Morti- 
fication. 



App. p. 317. 



Lewin on Trusts, 
p. 672. 

Tudor on Charities, 
p. 346. 

Presbytery of 
Dundee v. Magis- 
trates, 18th March 
1858, 20 D. 849. 

H. L., 24th July 
1861, 1 M'Q., 228. 
28th Feb. 1863. 

1 Macph. 483. 



Att.-Gen. v. Mag. 
of Exeter. 2 Russ. 
54 and 362. 



years. Over-expenditure (unless the accumulations of these years are to 
bear interest) then commences and continues to 1831. From 1832 to 1861 
there never has been spent as much as the interest at 5 per cent, of the 
oricjnal capital ; taking that, not as the amount contained in the truster's 
settlements, £2727, 15s. 8d., but the sum actually recovered on adjustment 
with the borrowers, viz., £2270, Os. 8d. 

If the accumulations are to bear compound interest, there are but ten 
years of the present century in which the whole income has been expended, 
and the whole accumulations, with compound interest, amount to about £8000. 
The sum of the over-payments mentioned is £190, 6s., but that sum is not 
deducted in bringing out the balance of £8000, which, on the other hand, 
does not include the original capital. 

Even were the accounts confined to the period since 1832, when the 
over-payments ceased, the savings without interest amount to £813, 2s. 6d., 
and if accumulated at compound interest to about £3350. 

If, in the whole circumstances, an accounting cannot be excluded, how 
far back is it to be carried ? 

The last case in which the same class of questions which has occurred 
here formed the subject of discussion, in regard to an eleemosynary bequest, 
was that of The Presbytery of Dundee v. The Magistrates. In it, in regard 
to a legacy by a Mr Robert Johnstoun, with whose bequest lands, known 
as Monorgan's croft, had been bought two hundred years ago, the lapse of 
time was held to be no bar against separating Robert Johnstoun's estate 
from a general charity with which it had got mixed up. 

When there was evidence that funds had been expended in a manner, 
not within the objects of the general charity, or had been invested specula- 
tively and unremuneratively, the Court not only ordered the money to be 
refunded, but held progressive interest at 5 per cent., to be chargeable from 
the date of the mis-application of the funds, which was in 1835. 

There has been more discussion of such questions in England than here, 
and it has been said there that the only reason for limiting accountings 
to any period short of that at which mis-application of funds can be first 
pointed out, is the great hardship of making trustees liable who had acted 
honestly, though mistakenly, and in the case of trusts vested in Corpora- 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 141 

tions, the risk of ruining the Corporations. The Court nevertheless did not Third branch of 

hesitate to order an account for two hundred years, when a Corporation stated 

that their accounts had been so kept as to afford no impediment to its being A-lexander a Morti- 
taken. 

Considerations, however, of the class pointed at have no application Att.-Gen. v. Bur- 
here. No private trustees, nor even the Corporation, will be hardly pressed 183^3° "2 My. "and 
upon. ^- P- 3^- 

The case is not one of a technical rule being brought to bear against 
trustees of a charity, who, it may be in ignorance, have employed its funds 
not strictly in terms of a foundation. It is rather a case of stating 
correctly, an account which has been incorrectly stated, owing to the funds 
of two trusts having been improperly mixed together by Governors. The 
funds of the Charity are ample ; and, after withdrawing all sums that can be 
claimed, even with interest, there would still remain enough to carry on the 
general Hospital Charity on a greatly enlarged scale. 

A bequest for the benefit of a favoured name or founder's kin is not 
one likely to meet, at the present time, with special favour ; but it must 
have the ordinary rules of law applied to it. 

It is proper to observe that, in the Dundee case, when the question of Presbytery of 
accounting for the proceeds of the Monorgan's croft was discussed, it was trates'of ^Dundee' 
held that the class of beneficiaries under the general Charity and those under J"^- ^^' ^^^^■ 
Johnstoun's trust were so much alike, that the income of Johnstoun's estate 
had been "beyond all reasonable doubt expended on objects of charity, 
such as the testator intended to benefit." The case is reversed here. Those 
admitted on the Alexander fund might equally, under the Hospital Charters, 
have been admitted on the general fund, and many of them fell even under 
the limitation to burgess families introduced by the Governors, — but only 
one or two instances have been found of persons admitted on the general 
fund who were eligible under the Alexander mortification, which, moreover, 
contains a positive direction to accumulate. 

Should the Court hold that there must be an account and an annual 
accumulation of unexpended income, in terms of the trust-deed, how far is 
the accounts to give credit for payments made not in terms of the trust? 

Were the terms of the Alexander mortification strictly looked at, the 



142 



APPENTOCES. 



Tliird branch of 
Interlocutor. 

Alexander's Morti- 
fication. 



App. p. 317. 



Att.-Gen. v. Mag. 
of Exeter. 2 Russ. 
54 and 362. 

Att.-Gen. v. Bur- 
gesses of Retford, 
1833. 2 My. and 
K., p. 35. 



Governors, as holders of the general fund, would not be entitled to credit 
for any payments to out-pensioners. The foundation contemplated that all 
should be inmates. There would, however, be excessive rigour in applying 
so stringent a rule of accounting, and striking off so large a sum as that 
which was spent in good faith on out-pensioners of the class pointed out by 
Mr Alexander, a larger number of whom were thus brought within the range 
of assistance, though not so many as Mr Alexander desired. 

It seems to the Reporter a less excusable breach of trust to expend in 
any year more than the income, whether of the original or of the " augmented 
stock," — the law of the trust was so distinctly laid down. 

The next question is, How far the Alexander trust is to bear its share in 
the general expenses of management ? 

As the Alexander beneficiaries had the advantages of the house and of the 
superintendence of the matron and chaplain, etc., should the Alexander trust 
bear its share of these expenses ? and also not only of ordinary repairs, but of 
extraordinary ? — for several years sums of about £200 were expended on repairs. 
In the Appendix will be found a page shewing the basis upon which the 
calculations of the Accountant have been made. Nothing has been taken 
into account for managing the Alexander trust estate, as it has to be settled 
whether the Alexander trust is to bear a share of the expense of managing the 
general Hospital estate, or is to be charged with a percentage. 

There remain the questions. Is interest to be charged, and if so, at what 
rate ? and. Is interest to be charged upon interest throughout, or only after 
so much had accumulated as the trustees might have been expected to have 
invested ? The last reported authority observed is the Dundee case. 

Notwithstanding the length of time during which the Courts of England 
have ordered accounts to be taken, they have frequently held it sufEcient that 
a much less sum than was brought out by a strict account should be paid over 
and devoted to carrying out the intention of the founder. 

It seems a probable inference from what has been done, without further 
investigation, that there ought to be accumulations out of which this mor- 
tification might be established on the original scale which the founder 
intended — of having twelve beneficiaries on the highest scale. A sum of 
£5230 would be required for this, in addition to the original capital. 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 143 

If the principle were adopted which is recommended below for the rest of Third branch of 

the Charity, of having different scales of pension adapted to persons in different ^ 

ranks of life, or who have been unfortunate in different degrees, a smaller sum Alexander's Morti- 

*= fication. 

would suffice ; but even, after withdrawing from the accumulations an ample 

sum to meet the expense of collection in the past, it is presumed that the larger 
sum at least would be available. 

Originally the Alexander beneficiaries formed one-fourth of the whole. 
If their number were now made what was originally intended, they would now 
be less than one-sixteenth of the whole beneficiaries, and this would only add 
two to the number — there are ten on the roll at present. There is no appear- 
ance of there having for a long time been any difficulty in filling up the 
Alexander vacancies ; but a constant supply seems to be furnished from the 
neighbourhood of Linton, as if some families there treated the fund as a 
provision. This evil might probably be checked by care being taken to 
advertise vacancies on the fund in the newspapers in Edinburgh, Glasgow, 
Dundee, and Aberdeen, and to see that the applicants were in the circumstances 
and bore the character indicated by the founder. 

With regard to the sixth matter noted above, though it falls more specially 
under a separate branch of the Interlocutor, it is manifestly convenient to 
dispose of it here, as completing the consideration of the manner in which the 
Magistrates and Council have dealt with this trust. 

The patrons nominated by the truster were James Alexander, a relative. Patronage of 
the Right Honourable the Provost, Bailies, and Council of Edinburgh, " and ^cation!'"' ^'"'''' 
their successors in office for the communitie thereof, and ministers of the said 
burgh present and to come, to be sole and undoubted patrons of this my grant 
and mortification." 

It does not appear that the ministers ever claimed, or even as a body Are the ministers of 
heard, that there had been conferred on them a special interest in this fund. to'^l"['"Jt''ru3tees'"' 
But when, in 1720, the whole affairs of the Charity were entrusted to a com- =""1 patrons of 

... Alexander s Morti- 

mittee, there were always two of the City clergy on that committee, who might fication ? 
have had access to the trust-deed if they had chosen. Lord Hay, however, in 
1738, as arbiter under a submission between various members of the Town 
Council as to the management of the Hospital, found that there had been no 



144 



APPENDICES. 



Third branch of 
Interlocutor. 

Alexander's Morti- 
fication. 



Patronage. 



17th June 1862. 
14 D. 876. 



24 Dun. 447. 



1 Macph. H. L. 
Cases, p. 6. 



power to delegate to a committee the administration of the Charity, and from 
that date there is no doubt that none of the ministers have ever acted. It is 
difficult to doubt that the ministers of Edinburgh were constituted patrons 
jointly with the other managers, and it would seem they must still have a right 
to act as such, unless they have lost the right non utendo. 

There has not been much authority on the subject of the bearing of pre- 
scription on the right of patronage under charitable trusts. 

The case of Magistrates of Lanark v. Rev. John Wylie and Others is 
interesting, as containing a decree-arbitral by President Blair when Solicitor- 
General. 

By contract, in 1648, between John Carmichael and the moderator of the 
Presbytery of Lanark, the minister of Lanark, and the senior bailie, an estate 
was vested in the latter for the support of scholars at the school of Lanark. 
The nomination of the scholars was to be in Carmichael and his heirs ; but there 
was no evidence that they had ever exercised this right ; on the other hand, 
there was evidence that the Magistrates of Lanark had for one hundred years 
exercised the right of nomination; and after this long time their right was 
challenged by the moderator of the Presbytery, the minister, and the senior 
bailie of Lanark, the trustees. This claim formed the subject of a submission 
to Mr Blair, who pronounced as follows : — " And with regard to the nomination 
of the poor scholars who are to have the benefit of the mortification, that the 
trustees have not instructed any right thereto, either by the terms of the said 
contract or otherwise ; and as it is admitted, in point of fact, that from time 
immemorial the magistrates of the burgh of Lanark have been in the use of 
presenting the poor scholars who were to have the benefit of the mortification, 
without challenge or interruption from any person, I find and declare that the 
said Magistrates and Council are entitled to continue in the possession and 
enjoyment of the said power of nomination as heretofore, until some competitor 
shall appear and instruct a better title than theirs, if any such preferable title 
does exist." 

The case of Baird v. Magistrates of Dundee, has been left in a somewhat 
unsatisfactory position as an authority on the question of patronage, by the 
way in which it was dealt with in the House of Lords. The import of the case 
seems to be this : — A charitable bequest, to the " Provost and Bailies," was 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 145 



invested, and a title taken to the Provost, Magistrates, and Council, who Third branch of 

exercised the patronage not strictly in terms of the bequest. An attempt to 

oust them, and give the title and patronage to the Provost and Bailies, was ^J^j";*"*^"'^ *^°''''' 
held to be "excluded by the lapse of time;" and conclusions to have the Patronage, 
benefits applied strictly in terms of the Charity were held to depend on success 
in the question of title and administration : therefore " the plea of the negative 
prescription " was sustained. The only judge, Lord Deas, who did not concur 
in the judgment generally, did not diifer upon this point. He held the expres- 
sion, "the Provost and Bailies," to be capable of construction, and to be 
equivalent to " the Corporation." 

In the House of Lords, the counsel for the Magistrates did not " maintain 
that effect could be given to the plea of prescription, as had been done by the 
Court below," and the House declared " That, having regard to the length of 
time during which the Provost, Bailies, and Council have had the administration 
as trustees," they " ought to be taken and declared to be the lawfully constituted 
trustees of the Charity," and then proceeded to farther declarations, having 
for their object to have the benefits applied strictly in terms of the Charity. 

This leaves it open to contend that the ground of judgment, as regards the 
title and patronage, was that pointed out by Lord Deas, and that the usage 
explained the expression in the will. On the other hand, the references by Mr 
Blair to the terms of the contract in Lanark case, suggest that he would not 
have supported the right of the Magistrates if the deed of foundation had given 
any right to those who held the fund. 

In the present case the deed is quite express. By no construction that has 
suggested itself (and the Magistrates and Council, whose attention was called 
to the point, have suggested none) can it be held that the patronage was given 
exclusively to the Magistrates and Council. It appears that the Governors had 
the question of the patronage of the Charity specially under their consideration Hospital Records, 
at a meeting held on 26th April 1775, on the occasion of a right to present 
being claimed by a relation of the founder. The exclusion of the ministers of 
Edinburgh at that time seems as distinct a breach of trust as payment of the 
funds to parties other than the beneficiaries named by the trust ; and if, in the 
latter case, lapse of time does exclude reverting to the terms of the trust, it is 
not easy to see a principle for refusing to return to the directions of the trust 
VOL. II. T 



vol. V. p. 120. 



146 



APPENDICES. 



Third branch of 
luterlocutor. 

Alexander's Morti- 
iication. 

Patronage. 



Observations, Dec. 

1873. 

App. p. 307. 

On meaning of 
"Ministers." 

Presbytery )'. Magis. 
of Dundee, 19th 
March 1858, 20 D. 
849. 



in the former. The Governors can only have acquired the exclusive patronage 
by prescribing in the face of their own title. 

The very limited right of patronage involved in a trust for persons of 
founder's kin and a favoured name, may appear of very little value, but on 
their attention being called to the mortification, at the time when all private 
patrons were communicated with, the Ministers claimed to have the trust-deed 
acted upon ; and certainly no argument in favour of maintaining the present 
arrangement can be founded on the success of the past management. 

This question of patronage is the only one connected with the adminis- 
tration of the Alexander fund which the Governors have thought called for 
observation. They say, "If a conjunct administration was again proposed it 
could lead to nothing but litigation and endless questions as to the amount 
of the funds of the mortification, the proportionate increase thereon, and a 
separate system of accounts which the Governors maintain is not required." 

It would be a strange objection to any proposed change, — that it would 
lead to the amount of the trust funds being ascertained, and a distinct 
system of accounts being established. For the reasons stated above, the 
Reporter thinks these things must be done, whether the patronage be placed 
on the footing intended by the founder or not, and he ventures to think 
that they are matters of much greater importance to the Charity than the 
question, By whom is the patronage to be exercised ? 



Crokat's Mortifi- 
cation. 1761. 

App. p. 267. 



App. pp. 291, 294, 
296. 



Crokat's Mortification. 

In the course of the administration of this mortification, several points 
present themselves in a convenient form for consideration, although their 
bearing is not confined to any particular mortification. 

I. The deed contemplated that the beneficiaries should be maintained 
in the Hospital. It was at the date of the testator's death in 1761, and 
had been from an early date, the practice of the Governors, in terms of 
the statutes which they made from time to time, to exact from everyone 
admitted as an inmate to be maintained in the Hospital, but not from 
out-door pensioners, a dispositio omnium honwum ; it sometimes happened 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 147 

that beneficiaries did not choose to grant such a deed, and, moreover, Third branch of 
objected to the restraints which living in the house imposed upon them ; " erocu or. 
and in these cases preferring the pittance of out - pensioners, £6 a - year, CJrokat's Mortifi- 
unclogged by any limitations, they asked to be transferred from the in- 
mate to the out-pension roll. In such circumstances, the Governors seem Can the Governors 
to have been in the habit of granting the request. The amount of ments'w^h'pen?'^ 
accommodation for inmates being fixed, each such transference of an inmate ^io^ers to place them 

_ on a different footing 

to the out-door I'oll rendered vacant a room in the Hospital, which the from that intended 

^ i. XL • i. i n^^ ^ by deeds of mortifi- 

Governors, not the private patrons, tilled. cation? 

It is true that on remonstrance they put things right, but they maintained 
that they were entitled to make any bargain they pleased with the benefi- 
ciaries. Should there be distinct scales of pension for the future, and any 
material diiference as to the conditions on which they are conferred, it 
will be proper to have this question of right determined. 

Ifc is unnecessary now to go into details further than to shew the 
practice. 

The Kirk-session of Wester Greyfriars, as patrons of Crokat's mortifica- 
tion, concluded a remonstrance to the Governors in regard to Mrs Thomson, Presentation sus- 
one of their presentees, who had never entered the Hospital, but had been -^^^^ ^ ' 

transferred from the inmate to the out-door roll, as follows : " Considering Hospital Records, 
their patronage to be a purchased right, they think it would have been ™ ' ""' '',' 
more becoming had a communication been made to them before you com- 
pounded a privilege of the value of £30 a -year for £6" — the out -door 
pension. 

The Governors remitted the letter to a sub-committee, and their disposal 
of the matter is contained in the minutes of 3d February 1846. 

The sub-committee having considered the foregoing letter, are of opinion Hospital Records, 
that the Governors should state to the Kirk-session in answer : — ^° ' "'' ''■ 

" 1. That the transaction complained of was gone into entirely at the 
request of the presentee ; that transactions of the kind are by no means 
new, and never were complained of before ; that but for the present position 
of the Hospital, the present complaint would very probably never have 
been heard of ; and that, under all the circumstances, the reflection contained 
in the last paragraph of the letter might have been spared. 



148 



APPENDICES. 



Third branch of 
Interlocutor. 

Crokat'8 Mortifi- 
cation. 



App. p. 254. 

Hospital Records, 
Tol. xii. p. 151. 



lb. p. 368. 



lb. vol. xii. p. 421. 
App. p. 94. 



"2. That the Governors deny the right of the Kirk-session to interfere 
between them and the presentee, who makes no complaint, but that for 
the sake of the presentee herself, and to avoid dispute with the Kirk- 
session, they should signify their willingness to place Mrs Thomson on the 
same footing with a presentee now coming forward for the first time, — 
that is, to give her the benefit of the arrangement contained in the minute 
of this sub - committee, dated 22d November, and approved of by the 
Governors on 9th December 1845. 

" The sub-committee are of opinion that Mrs Grace Kincaid Good or 
Thomson, whose presentation from the Earl of Eosebery was sustained on 
23d July 1844, the only other presentee similarly situated with Mrs Thomson, 
the presentee of the New Greyfriars' Session, should be placed on the same 
footing with her." 

This recommendation was acted upon; the efiect was to place the 
beneficiary in the receipt of £20 instead of £6 a-year. The Kirk-session, 
however, again demanded that she should be placed on a higher footing, — 
those who had been inmates before the Hospital was removed were in receipt 
of £26 a-year, — but the Governors adhered to their resolution, and this matter 
seems to have been allowed to drop. The practice of the Governors seems to 
have continued, for their minute, 12th January 1847, speaks of presentees to 
the Hospital who preferred being placed on the out-pension list, although by 
that time, as the Hospital had been removed, the discipline involved in 
residence in it could not have been a deterrent circumstance. This is the more 
remarkable, as since 1795, by their own statutes, a dispositio omnium bonoruTn 
had not been exigible from presentees by private patrons, but the statute seems 
to have occasionally been lost sight of. If the Court should approve of a 
suggestion made that there should in no case be a dispositio omnium honorum 
exacted, this point will have very little practical importance. 



Can the Governors, 
with consent of 
Patrons, alter the 
character of the 
pension? 
9th Deo. 1845. 
Hospital Records, 
vol. xii. p. 328. 



II. Besides holding that they could deal with presentees without com- 
municating with the patrons, the Governors equally held that they could act in 
concert with the patrons irrespective of the trust-deeds, or the contingent rights 
of future presentees. Thus, — all the private foundations were established on 
the footing that the presentees should be maintained in the Hospital. When 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 149 



the removal of the building made this for the future impossible, it was resolved, Third branch of 

without making any change as to the out-door pensioners who received £6 

a-year, to allow £20 a-year to persons chosen by the Governors " for admission ^^°^^^^ Mortifi- 
into the Hospital," and to request patrons " to require every person to be here- gth Deo. 1845. 
after presented by them for admission to conform." The sum of £20 a-year 
was very much less than the cost of an in-door pensioner ; and to induce 
patrons to acquiesce in their presentees being limited to this amount, the 
Governors resolved to allow them, if they preferred it, "to present two 
qualified persons, on occasion of each vacancy," to receive £10 each instead of 
one to receive £20, — an alteration calculated distinctly to depreciate the class 
from which the beneficiaries are drawn. 

This power of splitting the benefit has been taken advantage of, some- 
times in a manner which illustrates practically the objections to which it is liable. 
Thus Ann Calder, who had received, on the Merchant Company's presentation. Hospital Records, 
£10 a-year from 9th October 1849, was presented to another half-pension Council RecordB 
(£10 a-year) by the minister of Old Greyfriars', on 11th April 1870. vol. ccci. p. 336. 

Again, upon 27th July 1847, the patron of Gardner's mortification ^f P^^''' ^^gg'''^^' 
presented a beneficiary to the " enjoyment of one half of the annual allowance," 
and on 21st September presented the same presentee to the second half ; and 
on 1st March 1865, Lady Susan Brown Bourke presented two persons " to the CouncU Records, 
house roll for half pensions " during their joint lives, with the full pension to 
the survivor. 

These examples seem to shew either that the beneficiary should have Can Pensioners be 

presented by two 

received the whole pension, or that it is competent for two or more patrons to Patrons ? 
issue presentations in favour of the same beneficiary. 

III. A third question suggests itself. Whether those who had right to Are the Presentees 

„.. . .i-ii TT •ill- J. -Uii^f Private Patrons 

present beneficiaries to be maintained in the Hospital, have not a right to entitled to the 

demand that their presentees shall receive the highest scale of pension granted jj^" g?,^ f ^'® °^ 

to any pensioners; nay, shall be entitled to receive not less than the value 

of the maintenance in the Hospital before it was removed ? This was at one 

time estimated by the Governors at £37 a head ; that sum may have been the 

result of extravagant management, but by the rate of board demanded by 3d Feb. 1846. 

* o ' J , , . Hospital Record 

Gillespie's Hospital, which was £26 a-year, we have another, and something vol. xii. p. 354. 
VOL. n. V 



150 



APPENDICES. 



Third branch of 
Interlocutor. 

Crokat's Mortifi- 
cation. 



like a commercial test, of the value of the kind of maintenance which ceased 
when the Trinity Hospital was removed. 

Should the Court, in making arrangements adapting the Charity to 
modern circumstances, fix one uniform rate for all beneficiaries, even lower than 
the sura mentioned, presentees, it is rather thought, would have to conform to 
any general regulation for the good of the Hospital. And probably the same 
principle would apply were the Court to establish various scales of pensions, 
leaving it to the Governors, in every case, to put the presentee upon the scale 
which they deem most appropriate to his circumstances. 

Several of the holders of rights of presentation seem to dread that if the 
Governors were to fix what scale their nominees were to be placed on, there 
would be considerable risk of undesirable collision between them and the 
Governors ; they would therefore prefer to have the scale fixed by the Court, 
even were it not the highest. 

If the scale is to be fixed, the Reporter is disposed to think that the 
highest scale is the appropriate one, as all were entitled to maintenance in the 
Hospital, subject always to the right of the Governors to ascertain that the 
presentee in each case satisfied any special conditions required by the founder, 
and any general one as to poverty or residence applicable generally of the 
beneficiaries. 



Rodger Hog's 
Mortification. 
App. p. 257. 



Statute dated 17th 
May 1797. 
App. p. 297. 



Hospital Record 
vol. vii. p. 147. 



Letter dated 13th 
June 1873. 



Rodger Hog's Mortification. 

It appears that Rodger Hog, of Cambo, had in 1728 mortified the sum of 
£200 for getting a right to a " burgess presentation," which in 1801 had come 
into the hands of Mr Hog of Newliston. In 1728, a right of presentation of 
the burgess class might be purchased for £200, while a right of " presentation 
at large " cost £250 ; but in 1801 the cost of such rights had risen to £350 and 
£400 respectively. Nevertheless, on Mr Hog paying £100, the right to a 
" burgess " presentation was converted into one of presentation " at large." 
This manifestly was not a bargain for patronage in terms of the statutes, nor 
in consideration of a sum the interest of which would have sufficed to support 
the beneficiary, besides which, it was an alteration of the purpose of the 
founder, which seems to have been limited to benefiting burgesses. 

The present patron deprecates being restricted in his selection of 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 151 

presentees, after so long a recognition of his right to present " at large," and it Third branch of 

is difficult to see how the £100 paid in 1801 could be retained by the Charity, 

except on the footing of a contract having been then entered into. Mortrficatkm! 

Penman's Mortification. 

Some peculiarities in the way this mortification has been dealt with are Penman's Mortifi- 
cation. 
noticed below, with reference to the fourth branch of the Interlocutor. ^pp p 243. 

In 1680, a person of the name of Penman mortified £1000 Scots to the 

poor of Trinity Hospital without condition. In 1743 his grandson paid £2000 

Scots more, on condition of getting an assignable right of presentation of an 

inmate of the Hospital, to be selected eventually from the burgess class. This 

was a sale of a right of patronage, as in the case of Hog's mortification, at a 

rate lower than the Hospital statutes at the time of the transaction sanctioned. 

No question, however, can arise as to this right, as the Magistrates, in 1842, Hospital Records, 
, vol. xi. p. 435. 

bought it up. 

Young's Mortification. 

Two questions arise upon this mortification. The right of presentation Young's Mortifi- 
was originally granted simply to John Young, in terms of the statutes, making 15th Nov. 1732. 
no mention of heirs and successors, and in considei'ation of a present payment App. p. 259. 
of £250. But before receiving any extract. Young applied to the Council " to 3d Feb. 1733. 
order his right of presentation to run in favours of him the said John Young, -^PP- P- 260. 
and the heirs of his body, and which failing, to and in favours of the In- 
corporation of the Tailors of Edinburgh," and the Corporation renewed their 
grant to the said John Young, and failing him, " by decease and heirs of his 
own body, granted and disponed, and hereby grant and dispone, to the In- 
corporation of the Tailors of Edinburgh, the right and privilege to present," 
etc. 

The founder left a daughter, who married John Allan, and he by deed, 
dated 5th, and recorded in books of Council and Session 24th, September 1798, 
conveyed his right of presentation to the Incorporation of Tailors. 

In 1828 the Incorporation of Cordiners, in consideration of the price of 
£300, purchased from the Incorporation of Tailors their right and privilege 



152 



APPENDICES. 



Third branch of 

Interlocutor. 

Young's Mortifi- 
cation. 

App. p. 50. 

Can trustees sell a 
right of patronage 
devolved upon them, 
and not granted in 
favour of assignee ? 



to present, etc. This conveyance the Governors confirmed on 22d October 
1828, " but without any warrandice against them as Governors of the Hospital." 
Assuming that Mrs Allan left no heirs of her body, the Incorporation of Tailors 
would have had right to the patronage. A question seems to have been 
started by the Governors, and seems not unattended with difficulty, as to 
whether or not there was any right to convey to the Cordiners. In so far as 
the Tailors were substituted by Mr Young, failing his own heirs, they were in 
a manner constituted Trustees for the management of the Mortification, and 
it may be doubted how far they had a right to sell the patronage, which, by 
the deed of foundation, is not gi-anted to assignees. 



Note lodged by 
Incorporation of 
Cordiners, 22d June 
1873. 



Is the control of the 
Governors of the 
Charity ousted by 
the Court's approval 
of regulations of the 
Incorporation of 
Cordijiers ? 



The use which the Incorporation of Cordiners make of their right of 
patronage seems likewise open to question. 

" The presentation held by the Cordiners now forms part of their scheme 
of annuities for members and widows, and is applied under section 18 of their 
rules and regulations, which were approved of by the Court of Session on 20th 
July 1850. The said rule (No. 18) is as follows :— 

" XVIII. It is hereby declared that if any member or widow shall have 
received a presentation to the Trinity Hospital, or shall be entitled from said 
Hospital to an annuity of an equal or greater amount than that allowed by 
the Incorporation to a member or widow of his or her age, such member or 
widow shall not be entitled to any annuity from the funds of the Incorpora- 
tion, unless the annuity allowed by the Incorporation shall be more than that 
allowed by the Trinity Hospital, in which case such member or widow shall 
also be entitled to the difference between the said annuities. 

"The annuities are payable to the parties entitled thereto, without any 
reference to their means or residence, and some of the annuitants are in very 
easy circumstances." 

It may therefore happen that the person presented falls properly within 
the scheme of the Hospital Charity, but it is equally possible that the presentee 
may be in affluent circumstances, and had not the rule in question received the 
sanction of the Court, the Reporter would have ventured to doubt whether 
the objects of the Charity were sufficiently secured. He has no means of 
judging whether the}' were brought under the notice of the Court. 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 153 

When the Reporter communicated to the Incorporation the draft of the Third branch of 

scheme which he proposed to suggest to the Court, part of which it will be 

seen is, that there should be a statement of the pecuniary circumstances and tion °^ ^ °''' '^' 

history of all presentees, in order that the Governors may see that they fall 

within the class to which the Charity is applicable, he received a representation 

to the effect, that if this and the other proposed regulations were " carried out, 

it would cause an inconvenient disturbance of the Incorporation's annuity 

arrangements." 

Reoch's Mortification. 

The late James Reoch, solicitor-at-law, executed a trust-disposition and Reooh'e Mortifi- 

settlement, dated 14th June 1792, by which he disponed and made over his . 

. App. p. 275. 

real and personal estate to trustees for various purposes. The estate was to 
be held (after satisfying various primary burdens) for behoof of the truster's 
grandson in liferent, and the lawful issue of his body in fee, which failing, 
to a granddaughter in liferent, and the lawful issue of her body in fee, which 
failing, for a daughter of the truster, all which failing, " the trustees were to 
acquire the right of as many presentations in the Trinity Hospital as what 
remained under their administration of his estate would purchase, under the 
name of Reoch's donation, and the title to presentation was to be vested in 
the preses, treasurer, and clerk to the solicitors-of-law at Edinburgh for the 
time being." Preference was to be given to persons of the names of Reoch, 
Dun, Muirhead, and Balfour. 

On application to the solicitors-at-law, they have stated that they knew 
nothing of the mortification, and the agent for the defenders has stated, 
that he has been informed that the trust purposes in favour of the solicitors- 
at-law have failed from the prior destinations taking effect. The same infer- 
ence seems deducible from a copy letter entered in the Hospital Book of 
Mortifications. 

Mr John Menzies' Mortification. 

Mr John Menzies, shoemaker, Potterrow, died in March 1842, leaving a Menzies' Mortifi- 

" cation. 

trust-disposition and settlement, by which he conveyed his whole estate, herit- App. p. 277. 



154 



APPENDICES. 



Third branch of 
Interlocutor. 

Menzies' Mortifi- 
cation. 



Council Records, 
vol. cclxiv. p. 421. 



able and moveable, to trustees, and directed them, after providing for sundry 
small annuities, to pay " the yearly proceeds " of his estate to two ladies, and 
the survivor, during their lives, and to make over the estate to their issue in 
fee ; but, in the event of there being no lawful issue of either of them, the 
truster directed his trustees, on the death of the longest liver of the liferenters, 
to convert his heritable estate into money, " and to apply the proceeds thereof, 
and the whole other residue of my said estate, in the purchase of presentations 
to the Trinity Hospital, in favour of wives of decayed inhabitants of the City 
or County of Edinburgh ; said presentees not to be under fifty years of age, 
and to have resided twenty years within the said City or County, and the 
name of Menzies to be preferred, if the applicant be of good character ; and 
upon the death of my said trustees, original and assumed, the patronage shall 
devolve on the Ministers of Saint Cuthbert's and Hope Park Street Chapels 
of Ease, the Magistrates of Easter Eprtsburgh, the Deacon and Box-Master of 
the Incorporation of Shoemakers of Easter Portsburgh, and the Treasurer of 
the Trinity Hospital, all for the time being ; the majority of voices to carry 
the presentation." 

The heritable estate consists of certain tenements, let for some time at a 
rental of £59, but two of them are at present unlet. 

The moveable estate, after payment of residue duty, left an apparent nett 
residue of £2104, 5s. 9d., but of this sum there were terminable government 
annuities, valued at £1165, 18s. Id. These annuities, which terminated in 
1859, were treated as " yearly proceeds," and paid to the liferenters — a matter 
for which the trustees wished to obtain the sanction of the Governors of the 
Trinity Hospital, but (on 22d January 1855) they replied to a letter on the 
subject, that the Hospital had not such an interest in Mr Menzies' estate as 
would justify their interfering in the matter. 

The amount of moveable estate at present in the hands of the 
trustees is, according to information obligingly communicated by the 
agent, £738, 7s. 5d. 

One of the liferenters has died, never having had issue, the survivor 
is advanced in life, and also without issue. The question therefore may 
any day arise what number of presentations may be purchased by these 
trust funds. 



CONDITIONS OF GRANTS OR MORTIFICATIONS. 155 

The truster in this, as in Reoch's case, could have had in view only Third branch of 

■ .,.,TT-i 1 Interlocutor. 

presentations oi parties to be maintained in the Hospital, and at a rate 

of purchase fixed by the statutes, and known to and taken advantage of catkin"*^ °'^ ' 
by the public. That rate had become insufficient to provide for the actual 
cost of maintenance. 

The Reporter doubts whether it can be competent to sell rights of 
patronage, when doing so involves giving up any right in the Governors. 
It may, nevertheless, be quite competent to accept the management of funds 
for charitable purposes of the same general character, though not identical 
with those of the Hospital Charity, and to grant a right of patronage to any 
one to the extent of the provision for beneficiaries made by the purchaser. On 
this priniciple, the only course open to the Governors would be to accept any 
sum of money from any parties, on condition of the patrons being entitled 
to present as many beneficiaries as the income of the estate made over would 
support on any scale in operation for the time. 

It would be proper to have the existing Hospital statute on the subject 
of sales of rights of patronage recalled. 

In the meantime, the Governors can hardly be said to be beneficiaries 
under these deeds, although they be named in them. 

Menzies' trust apparently may be kept alive indefinitely by the assump- 
tion of new trustees, and even when the trust decides in favour of the new 
patrons, the Treasurer is the only officer of Trinity Hospital Charity who would 
be entitled to act as patron. 

Lennie's Mortification. 

Mr William Lennie directed his estate of Nether Auchenreoch to be Lennie's Mortifi- 
made over by his trustees " to, and in favour of, the said Lord Provost, Magis- 



trates, and Council of the City of Edinburgh, to be held by them thereafter 
in perpetuity in trust for the ends, uses, and purposes after mentioned," — 
amongst others, an annual payment of £48 for four bursaries. " Third, the 
said Lord Provost, Magistrates, and Council, shall annually pay over one-half 
of the free residue of the proceeds of the said lands and others to the 
Treasurer for the time being of the institution known by the name of Trinity 



App. p. 279. 



156 



APPENDICES. 



Third branch of 
Interlocutor. 

Lennie's Mortifi- 
cation. 



Hospital, Edinburgh, of which they are the Governors, for the use and behoof 
of parties who shall be appointed to receive annual pensions therefrom, not 
exceeding £10 annually to each pensioner, but declaring that the parties who 
shall receive the benefit of my funds are not to be restricted to burgesses, a 
preference being always given to those who have seen better days, and are 
either unmarried, or widows or widowers, who are fifty years of age or 
upwards ; and I direct that my bounty shall not be given to burgesses, their 
widows or descendants, while there are other parties claimants of the class 
above indicated by me." The other half of the free residue was to go to 
Gillespie's Hospital on certain terms, and failing the Governors of that 
institution complying (which event happened), then to the Governors of 
Trinity Hospital, for the purposes above mentioned, and my said " trustees 
and the survivors and survivor of them shall have the power, during their or 
his life, of appointing the individuals who shall receive the benefit of the 
annual income appointed by me to be paid to the said Hospital, and thereafter 
the right of appointment shall be in the said Lord Provost, Magistrates, and 
Council, as Governors of said Hospital, and I hereby authorise and empower 
my said trustees to make all such rules, regulations, conditions, and arrange- 
ments, as they consider necessary for carrying my intentions, as above 
expressed, into full effect." 

The deed contains a further eventual provision of £200 a-year out of the 
lands of Ballochneck in Stirlingshire, which also belonged to the truster. 

The position of this trust-estate is not a little peculiar. It is vested in the 
same persons who are Governors of Trinity Hospital, not, however, in their 
character as trustees, and not exclusively for its uses, but partly for the 
foundation of bursaries in the University, and partly, and preferentially, for 
the benefit of a class which, by the rules of Trinity Hospital acted upon by the 
Governors at the date of the testator's death, was excluded from benefiting by 
the general Hospital funds, though they were not excluded from participation 
in some specially destined funds managed by the Governors. The pensioners 
are not in the meantime appointed by the Provost, Magistrates, and Council, 
but they are paid by them, and are ultimately to be nominated by them " as 
Governors of said Hospital." 

In these circumstances, the Magistrates have kept the accounts of the 



CONDITIONS OP GRANTS OR MORTIFICATIONS. 157 

Lennie Trust quite distinct from those of the Trinity College Hospital, but Third branch of 

• 1 ii>-7 iTT'iii-11 Interlocutor. 
they have been investigated on the footing that the Hospital certainly have a 

right of accounting against the Magistrates acting as Lennie's trustees ; and it ^^^^^^ ^ " ' ' 
is impossible, when framing a scheme for the administration of the ordinary 
Hospital of Trinity College, to ignore the Hospital's interest in Lennie's trust- 
estate, or to keep out of view the character of the beneficiaries, or the extent of 
benefit contemplated by the truster. 

One point arises on these accounts which is worthy of notice, though 
trifling as to amount, because, if correctly dealt with, it would seem to afford a 
rule applicable to the whole Trinity Hospital funds. 

Lennie's testamentary trustees, on 20th December 1864, observing an Council Records, 
accumulation of £85 of the funds destined to support pensioners, proceeded to 428. "" ^^^^' '"' 
appoint an additional pensioner, with a view to consuming the accumulated Can accumulations 
capital — not on the footing of the interest of the accumulation being sufficient come, or must they 
to support the additional pensioner. If this principle were sound, it would ^^ '"seated as capital ? 
prevent any permanent increase of the estate from accumulation of small sums, 
except where direction to accumulate is given by a trust-deed, and it would be 
difficult to say to what extent accumulation, say for five or fifty years, might be 
gone back upon and consumed. 

Andrew Wemtss' Mortification. 

There is another fund in a somewhat peculiar position — viz., the trust- Wemysa' Mortifi- 

estate of Andrew Wemyss, which was made over to his widow in liferent, and T '°"' 

. /-, . . . App. p. 282. 

to "the Lord Provost, Magistrates, and Council, the Governors and Admini- 
strators of the Trinity Hospital in Edinburgh, and their successors in office as 
Governors foresaid, as trustees for executing his Trust, in fee." Besides giving 
Mary Thomson or Wemyss, his widow, the liferent, and carrying out certain 
other minor purposes, the trustees are directed to invest £200 for the benefit of 
the School of Arts. " And further, after the death of the said Mary Thomson 
or Wemyss, my trustees shall hold and possess the whole residue and remainder 
of my said means and estate, as Governors and Managers of the said Trinity 
Hospital, and shall invest the same and apply the annual accruing interest, 
produce, or revenue arising therefrom, for and towards the maintenance and 
VOL. II. X 



158 



APPENDICES. 



Third branch of 
Interlocutor. 

Wemyss' Morti- 
fication. 

Council Records, 
vol. cclxxv. p. 316. 



support of decayed merchants or tradesmen who have carried on business 
within the municipal boundaries of the City of Edinburgh for at least ten 
years, or the widows of such merchants or tradesmen." 

The truster's widow is still alive, and has, since 17th August 1858, 
under a minute of that date, managed the heritable property, letting it and 
uplifting the rents, and drawing the dividends of the stocks belonging to the 
trust, under an obligation to keep the heritable property in proper repair to 
the satisfaction of the Treasurer. 

In considering a scheme for the Trinity College Hospital proper, it will be 
right to keep in view the nature of this mortification. 



Fraser's Mortifica- 
tion, 175S. 

App. p. 268. 



Paul's Work Morti- 
fication. 



Council Record, 
vol. cclvi. p. 407. 



Fraser's Mortification. 

This deed is more remarkable for the virulence of the truster's expressions 
reo-arding some members of his clan, than for anything else. Besides the 
bequest to the Hospital, it contains bequests for the foundation of a bursary 
and other public purposes. 

Paul's Work. 

The Trinity Hospital has practically an interest in the funds of, though it 
has not been consolidated with, the charity known as Paul's Work, the proceeds 
of which have been since 1852 paid over to the Treasurer of Trinity Hospital, 
in terms of a resolution dated 21st October 1851. This, however, is not a 
permanent arrangement, although it seems within the range of the Magistrates' 
power to make it so. It may be recalled at any time, and it would seem that 
all that is done is from year to year to transfer to the Treasurer of Trinity 
Hospital a balance, which the Magistrates, as trustees of Paul's Work, have 
ascertained. 

This charity dates from before the Reformation, having been founded by 
Bishop Spence of Aberdeen for the support of poor beidmen. When in the 
hands of the Magistrates as a separate institution, it was for a long time used 
as a sort of workhouse, where occupation and training were provided for poor, 
who were kept distinct on the one hand from the ordinary poor of the burgh, 
and on the other from those of Trinity Hospital. For a considerable period 
prior to 1851 its revenues were paid over to the Parochial Board. 



EXERCISE OF RIGHTS OF PATRONAGE. 159 



^ ^ _ Fourth branch of 

Fourth Branch of the Interlocutor. interlocutor. 

IV. " By whom, and in what manner, and from what classes of persons, the 
beneficiaries have been from time to time selected ; and, in particular, 
whether any, and what rights of selecting or nominating beneficiaries 
have been exercised, or claim to be exercised, by parties other than the 
Magistrates and Council, as Trustees of the Charity ? " 

Rights of Patronage. 

It will be convenient to answer together the first and last portions of this Rights of Patronage, 
inquiry. 

" By whom have the beneficiaries from time to time been selected ? and 
Whether any and what rights of selecting or nominating beneficiaries 
have been exercised, or claimed to be exercised, by parties other 
than the Magistrates as trustees of the Charity ? " 

Generally, the Magistrates are the Governors and Administrators of the 
Hospital, and have the selection of the beneficiaries. The greater number of 
benefactors have handed over their gifts in general terms. Some have specified 
that their object was to support a poor person in the Hospital without any 
reservation of a right of patronage. There are two of this class — 

Thomas Speirs, App. p. 221. 

Richard Doby. ^PP- P- 221- 

By the terms of a good many foundations, the selection has been given to 
private hands. These may be divided into two classes — where the claim is 
founded on a direct contract with the Magistrates, and where the claim 
depends on the terms of mortifications which have been accepted by the 
Governors, with the condition attached to them of a reserved right of 
patronage. 

The total number of foundations (exclusive of the Alexander mortification) 
where a right of patronage has been reserved is thirty. Of these rights six 
have ceased to be claimed, viz. : — 

One under the will of Cornelius Inglis, May 3, 1605, of the exercise of App. p. 222. 
which there is no evidence. 



160 



APPENDICES. 



Fourth branch of 
Interlocutor. 

Rights of Patronage. 
App. p. 226. 
App. p. 228. 
App. p. 236. 



App. p. 241. 



App. p. 245. 



App. p. 265. 

App. p. 243. 
App. p. 279. 

Hospital Records, 
vol. xi. p. 435. 

App. p. 246. 
Council Records, 
vol. cclxxiv. p. 192. 



lb. p. 70. 



Two under Patrick Eleis's mortification, 12th December 1620, and 14th 
February 1621, which has not been exercised since 1670. 

One under Hew Wicht's mortification, 11th February 1625, which waa 
renounced in 1635. 

One under David M'Call's mortification, 18th December 1639, which was 
last exercised on 19th September 1749. 

One under James Elies's mortification, 23d November 1670, the exercise of 
which has not been noticed. And, 

Of two, Patrick Aikenhead and his aires were to have the patronage, 21st 
November 1689, but there is no evidence of this mortification having been put 
in operation by the payment of the funds to the Charity. 

Three private rights of patronage have been bought in by the Magistrates, 
viz. : — 

One on Mrs Catherine Campbell or Wightman's mortification, 8th February 
1744, bought up for £150 on 10th July 1797 (date of conveyance). 
One on Penman's, bought up for £150 on 19th July 1842. And, 
One on Thomson Paul's, 28th January 1842, bought up for £200 in 1859. 

Nineteen rights of patronage are still exercised by the original patrons, 
their heirs, or assignees. 

In addition to these there were twelve beidmanships founded by Mr 
Alexander, which, as regards the inmate roll — supposed to represent those 
entitled to be accommodated in the house — the Magistrates have reduced 
to two. 

There was in 1873 only forty-two in all supported on the Inmate roll, no 
more than the number of beidmanships specifically founded, so completely has 
it been subordinated to the Out-pension list, on which there are at present 120. 

Questions have from time to time arisen as to whether these rights of 
patronage were personal to the original grantees, or capable of assignation. 
Where such questions have arisen, the Governors have eventually yielded, or 
at least waived their objection, as in the case of Young's mortification noted 
above; and, as stated, they have themselves, in three instances, become 
purchasers of such rights. 



EXERCISE OF RIGHTS OF PATRONAGE. 161 



Gardner's Mortification. ^Ztiort^'"' 

So lately as 11th April 1870, on an assignation of a right of presentation Rights of Patronage. 
under Gardner's mortification being intimated, the Governors of the Hospital cation.'^'^ ^ 
declared that accepting intimation was to imply no acknowledgment of the App. p. 261. 
right to assign, the right having been originally given in favour of Thomas agent, w. M. Clarke, 
Gardner and " his heirs." In this case it is proper to add, the assignee claims to ?3^' "^"'y ^^^^• 

^ ^ * Hospital Recordfl, 

be also heir or Thomas Gardner. vol. i. p. 42. 

Another right of patronage would vest in the same party if competently 

granted. By minute, dated 12th February 1733, the Council, "for the many 

great and good services done by the said Andrew Gardner to this Hospital, 

granted and disponed to him, his heirs, and successors," a right of presentation. 

This right seems never to have been claimed or exercised, and the Reporter has Can the Magistrates 

not included it in the number of private rights of patronage. ^^ronagTwithout 



consideration ? 



Mrs Campbell or Wightman's Mortification. 



The minutes of the Hospital contain no notice of a warrant for the Mrs Campbell or 
purchase of this right of presentation, but the accounts shew the payment of gcatio'^''" ^ ^^^o"'*!- 
£150 for it, and refer to the minutes of Council of 5th July 1797 as the App. p. 265. 
warrant. 

Penman's Mortification and Thomson Paul's Mortification. 

On 19th July 1842, the Governors purchased, at the price of £150, the Penman's Mortifica- 
right of presentation under Penman's mortification, carrying out the recom- ^ ' 243. 
mendation of a committee, which bore, " In this way, at Mrs Miller's (the Thomson Paul's 
person who then enjoyed the benefit of the mortification) death, the Penman ^ ""^ ' "^ 279" 
mortification will come to an end." A minute on Mrs Miller's death, 11th Hosp. Records, 
August 1846, explains that this right " was purchased by the Governors, intend- ^°^' •""' P' *^^' 
ing to suppress it at the first vacancy, having added to the number of inmates 
by the sale of a presentation to Thomson Paul, Esq." 

This sale had taken place on 28th June 1842. Mr Thomson Paul paid to 
the Magistrates £450 for a right of presentation, at large ; and on 1st November 
1859, he resold it to the Magistrates for £200. Thereupon they seem to have 



162 



APPENDICES. 



Fourth branch of 
Interlocutor. 

Penman's and 
Thomson Paul's 
Morti6cations. 
Is it legal for the 
Governors to expend 
the funds of the 
Charity in purchasing 
rights of patronage ? 



resolved not to fill up the vacancy when it occurred by the death of Thomson 
Paul's presentee. This case serves well to bring out the question of the 
legality of such transactions. The Governors had hesitation in originally 
granting this right, because the price was not at the date such that the interest 
would support a beneficiary — the theory upon which the price of presentations 
was from time to time fixed. By paying back, the sum remaining in their 
hands to support the beneficiary was reduced to £250, or to £100, if the 
transaction in regard to the Penman mortification be regarded as connected 
with this one. While the Hospital stood, and its accommodation was limited 
as in 1842, there was an intelligible reason for desiring to keep the number of 
inmates down, but that motive no longer existed in 1859, as the Hospital had 
been removed, and the sum paid by Mr Paul might have yielded £20, the 
highest pension to which beneficiaiies were at the date of the transaction 
appointed. 

Evidently between these two transactions the Magistrates gave away 
£350 which had become part of the corpus of the Charity. 



Alexander's Morti- 
fication. 



Supra, pp. 129-146. 



Hospital Records, 
30th August 1826, 
vol. ix. p. 22. 



Qualification of 
Beneficiaries. 



Alexander's Mortification. 

The question as to the right of patronage under this mortification has 
been discussed above, along with the other points connected with this special 
trust. 

There is not now pending any dispute or litigation as to such rights of 
patronage; but a list of beneficiaries on the roll in 1871 shews two foundations 
which were not full, — viz.. Beech's, to only half of which the Merchant 
Company had presented, and Wilkie's, of which the ministers of Edinburgh are 
the patrons, and as to which there was at one time a dispute, as other parties 
claimed the patronage. It has been stated that "no presentation has been 
made for several years." 

" In what manner, and from what classes of persons, have the beneficiaries 
been from time to time selected ? " 
As to the manner of selection by the private patrons, they have exercised 
their own discretion, the Governors occasionally refusing to accept presentees 



QUALIFICATION OF BENEFICIARIES. 163 

who did not fall within the terms of the bequest, and expelling from the Fourth branch of 
Hospital presentees whose demeanour was unsatisfactory. ° eroou 

The Magistrates have generally appointed a Trinity Hospital Committee, Qualification of 
who reported on the claims of the different applicants, and recommended a list, 
which seemed to be always approved of. Latterly schedules of information 
required to be given have been issued to intending applicants to be filled up 
and certified, and there has been printed and circulated among the Committee 
and Governors an abstract of the names and circumstances of the various 
applicants. 

The poor maintained originally in Trinity Hospital having been known 
universally as beidmen, the first inquiry as regards the selection of beneficiaries 
is, When did females first come to be elected ? 

The great majority of those at present on the roll are females. In the 
original foundations there was no express exclusion of females as in those of 
some conventual houses ; nay, it seems even to have been apparently con- 
templated as possible that females might be resident within the bounds of the 
Hospital. Although no trace has been found of females appointed to beidman- 
ships in it, the statutes at least shew that the beidmen might be married men. 
The following extract is from the statutes as revised, not by the Magistrates, 
but by the old chapter of Trinity College, on 2d June 1575 : — " Item it is 
ordanit be the provest and chaptour forsaid that how sone it sail pleis God the 
said hospitale be reparit and mendit, that all the said beidmen sail have and 
vse thairin nicht and day without leif askit and gevin be the said maister Coll. Churches of 
hospitale, ilk nycht thai ar absent to pay Hid. the man, and that na wyfe nor Ban.°ciut° p. 227. 
barnis salbe haldin to resort thairin day nor nycht, and in speciall in the 
nycht, for molesting of the seik, vnder the pain of VId., to be payit be the 
beidman that shall happin to have that wyfe or barnes, and that nane of the 
said beidmen that ar desolat of wyfiis at this present or to cum sail marie 
without the maister hospitales leif, vnder the pane of deprivatioun at the least 
satisfeing of the said maister hospitale." 

As regards the hospital built by the Magistrates in the grounds of Trinity 
College, before the patronage of the old Hospital was transferred to them, 
females were admitted as hospital poor. On 21st June 1578, out of "nine Council Records, 
bedrells tour were women. At Martinmas 1611, there were twelve men and Hospital Accounts. 



164 



APPENDICES. 



Fourth branch of 
Interlocutor. 

Quali&cation of 
Beneficiaries. 
App. p. 291. 



Council Records, 
vol. V. p. 101. 



twenty-three women ; in 1614-5, there were seven men and twenty-eight 
women, and generally, ever since, the number of women has been greatly in 
excess of that of men ; but their relative numbers seem to have been perfectly 
arbitrary. On 20th November 1672, a resolution was passed that no married 
persons should be admitted to the Hospital ; but, except on 15th April 1673, 
there never seems to have been any question as to excluding females altogether ; 
and the attempt then made entirely failed. The present proportion of the 
sexes in 1871 was: 







On £20 Scale. 


£10 Scale. 


Total, 


Council Records, 


Males, 


8 


19 


27 


vol. xxvii. p. 150. 


Females, . 


32 


114 


146 



The census returns, it is believed, shew that for every 100 males fifty 
years of age and upwards, there are about 129 females. 

The fact of having a living spouse continues a disqualification, but was 
not always so, and there were examples of both spouses being on the roll 
at the same time. Among those admitted on 21st June 1578, were "Walter 
Brown and his wyf e," and " Johnn Browne, his wyfe Cristiane Smyth ; " but 
about a century later a statute was passed that no married persons should 
be admitted, and several persons were " extruded " for no reason but that 
they had living spouses. 



As to the classes of persons from whom the beneficiaries have been from 
time to time selected. 

In the original foundation of the Trinity College, there is no express 
definition of the social condition of the poor from whom the beneficiaries 
were to be selected. The charters of 1567 and 1582 are less precise. Queen 
Mary's charter speaks of "sustentatio a fortunis lapsorum mercatorum, et 
artificum ad paupertatem et inopiam redactorum et aliorum." In the minutes 
of the College they are frequently called " Beidmen hospitallarii." As to 
their social rank there is little evidence. In the Latin charters, by the College 
they are called " domini," and in English, " schirs," — titles for which it is very 
difficult to find equivalents in modern language ; and sometimes in the same 
charter the title of " dominus," is given equally to the Head of the College, 



vu. 

Deo. 
16th Oct. 1584. 



QUALIFICATION OF BENEFICIARIES. 165 

and to the beidmen of the Hospital. In later University language these words Fourth branch of 

were used with reference to any one who had not taken a degree. Although 

there are preserved the records of two several occasions on which the beid- Benefi(Siries ° 
men were called upon to produce their presentations, there is not on either 
occasion any designation indicating their social position. The hedellus of the 
Trinity College, at one time at least, was a beidman, and in a minute dated 
2d June 1577, it is stated that "past memor of man," one of them had been Bannatyne Club. 
" ane ofEciar at arms." A beidmanship and a-half was given to one of the voi 
chaplains, but at the same time the chaplain undertook duties which had no ^"^ ^'^°- ^^^^ 
relation to the beidmanship. There were other examples of clerical holders 
of beidmanships who were sent forth to serve cures which the establishment 
was bound to supply, so beidmanships in the kindred institution of Paul's Work 
more than once were given to chaplains. These cases look too like misappropria- 
tion to be founded on as furnishing a key to the class of persons who were 
entitled to the appointment. No evidence has been discovered as to the condi- 
tion of life of any one appointed prior to the transfer to the burgh, except that, 
of six beidmen who from time to time resigned their privileges into the hands Council Records, 
of the Magistrates, one was desci'ibed as a " messenger," and one as a " cordiner." 
A messenger seems even at a later date to have been found useful for recover- 
ing rents and dues. 

At this period, among those admitted to the Hospital on its new footing of 
a burgh institution, we hnd persons described as notaries, masons, skinners, 
blind persons, " auld and decrepit," and also men and their wives. At a later 
period we find such examples as the following : — 

19th March 1658. — Margaret Steven, relict of James Hamilton, "sometyme 
deaken of the maissones of this burgh." 

3d June 1659. — Mr George Straitton, " sone to the deceisit James Straitton, 
Wrytter to the Signet." 

31st March 1708. — John Carmichael, "chyrurgeon, burgess of this city." Council Records, 

vol xxxix D 69 

3d July 1708. — Margaret Alexander, widow of William Harper, minister at ' 
Boharm. 

27th July 1708.— Sir John Sibbald admitted. 

27th July 1724. — Mr David Fairn, "advocat and burges." Hospital Records, 

vol. i. p. 24. 

4th April 1740. — Helen Mackintosh, daughter of a late bailie. lb. vol. v. p. lis. 

VOL. II. T 



166 



APPENDICES. 



Fourth branch of 
Interlocutor. 

Qualification of 
Beneficiaries. 

Hospital Records, 
vol. V. p. 120. 
lb. vol. vi. p. 80. 

Burgess qualifica- 
tion. 



App. p. 291. 

App. p. 291. 
App. p. 292. 



App. p. 305. 



26th April 1775. — Elizabeth Gardner, relict of Sir William Murray of 
Newton, Bart., on Alexander's fund. 

5th January 1785. — Katherinc Cans, sister of a captain in the navy, was 
presented on Murray's mortification. 

John Downie, dancing-master. 

The most marked description of the class from which they were derived is 
found in a classification of which there is no evidence in the original deed of 
foundation. The Magistrates have divided them into (1.) Burgesses and those 
belonging to burgess families ; and (2.) those who do not belong to that class. 
In 1611, twelve of the inmates were male, but only half of them were burgesses, 
and of twenty-three female inmates only four were "burgesses wives." The 
proportion, however, seems gradually to have increased as regards both sexes ; 
and on 27th February 1650, as stated above, an express resolution was taken 
that " none but burgess men and burgess wyfs and burgess barnis be admitted." 
On 20th November 1672, the rule was re-enacted, as if it had not been sufficiently 
observed, and it reappears in the statutes of 1720 and 1772. Hardly had the 
qualification become statutory, when the means of avoiding it were devised ; 
thus, as early as 1st February 1667, James Gay was admitted a burgess for his 
lyfe-tyme, and immediately after elected an inmate of the Hospital, and the 
trifling money payments now required for admission as a burgess, in some cases 
£4, 4s., and in the rest £5, 5s., would hardly be an obstacle in the way of any 
poor person who had a reasonable prospect of admission to the benefit of the 
Charity. 

The only warrant for drawing a distinction between persons connected 
with the town and those who are not, is found in expressions in the charter of 
12th November 1567, which speaks of the classes intended to be benefited as 
" incolae et inhabitantes infra nostrum burgum de Edinburgh ; " but the clause 
goes on to say that the benefit was to be conferred " etiam aliis, senibus," 
etc. : so that the same sentence which suggests the limitation, proceeds to 
exclude it. 

Nevertheless, this classification now enters deeply into the administration 
of the Charity, or rather, the Governors have come to regard this as the leading 
qualification for admission ; none who do not possess it being elected benefici- 



QUALIFICATION OF BENEFICIARIES. 167 

aries, unless in virtue of some private foundation to the terms of which this Fourth branch of 

qualification does not attach. 

These private foundations are of two classes, some depending upon donations Qualification of 
or bequests, others upon specific contract with the Magistrates, who, in order to 
enlarge the funds of the Charity, resolved that all who paid a certain sum, 
calculated on the cost to the Charity of supporting an additional beneficiary, 
might retain the patronage. With a view of favouring those connected with 
the town, a lower rate was fixed for the privilege of presenting one belonging 
to a family of burgesses than for a " presentation at large," as the right of 
patronage was called, when the donor was not so restricted in his choice. 



By the statute of 1720, the prices of such rights 

were fixed at . . . . . £200 £250 App. p. 294. 

On 25th March 1772 at . . . . 300 350 App. p. 296. 

On 17th May 1797 at .... 350 400 foltiSt! p^"? 

And on 22d August 1821 at . . . 350 450 i^^- 



Burgess 
•esentation 


Presentation 
1. at Large. 


£200 


£250 


300 


350 


350 


400 


350 


450 



App. p. 297. 



Acting upon these resolutions of the Magistrates, as Governors of the 
Hospital, a number of persons founded beidmanships, limited to the families 
of burgesses. 

The number of foundations directly limited to burgesses or their families 
is four — 





Foundation. 


Patron. 


Number of 
Presentations. 




1733. 


Young's, 


(Failing founder's kin) Incorpora 
tion of Cordiners, 


1 


App. p. 2.59. 


1680. 
1744. 


Penman's (2d), 
Campbell's, 


1 Bought up by Magistrates, 


• {\ 


App. p. 243. 
App. p. 265. 


1766. 


Beech's, 


Merchant Company, 


1 


App. pp. 271-2, 



There is another class inferentially limited, namely, where the presentee 
must be " qualified in terms of the statutes," and the amount given would at the 
time have entitled only to a presentation of a burgess, or a burgess's widow, or 
child. These are six in number — 



168 



APPENDICES. 



Fourth branch of 
Interlocutor. 

Quahfication of 
Beneficiaries. 

App. p. 257 ; but see 
jupra, p. 150. 
App. p. 256. 
App. p. 258. 
App. p. 256. 
App. p. 261. 
App. p. 266. 



Qualifications other 
than that of being 
Burgess famUy. 

App. p. 279. 
Svpra, p. 155. 



Foundation. 

1728. Hog, 
1728. Wightman, 
1726. Murray, 
1723. Watson, 
1735. Gardner, 
1758. Wilkie, 



Patron. 

Mr Hog of Newliston, 
Incorporation of Skinners, . 
Mr Andrew Grieve, W.S., . 
Merchant Company, 
Mr G. W. Gairdner, London, 
Ministers of Edinburgh, 



Number of 
Presentations. 

1 

1 

1 

1 

1 

1 



The reference to the qualification prescribed in the statutes may be held 
to impress on the foundation the state of matters existing at the date when it 
came into operation, or it may be held to have been ambulatory, and to leave 
the qualification to fluctuate with the regulations from time to time. The 
question, of course, is one of the intention of the donor ; and as there were 
known to be two schemes for disposal of rights of patronage, one limited and 
the other unlimited, the application of which varied with the sum mortified, 
it is rather thought that if the smaller sum was paid, the benefit should be 
confined to burgesses or their families. 

Patrick Elleis, in 1621, left a bequest subject to a right of patronage which 
has since lapsed. The presentee was to be " such ane poor as contained in the 
Acts of Session 1610." 

The Session of the Kirk was constantly associated with the Magistracy in 
the administration of the affairs of the poor in early times, and the Act of 
Session referred to probably defined the recipients of the Charity. But no 
trace of the Acts of the Session at the date referred to has been found in the 
Council Records, in those of the Session Clerk of Edinburgh, or in those of the 
Presbytery. The funds of this mortification have been merged in the general 
estate of the Charity. 

Several of the other early mortifications which have disappeared were on 
the same footing. 

Lennie's mortification excludes burgesses, or at least declares that none are 
to be appointed beneficiaries who are of burgess families, so long as others can 
be found who have seen better days, and are either unmarried, or are widows 
or widowers, who are fifty years of age or upwards. 



QUALIFICATION OF BENEFICIARIES. 169 

In 1858 Andrew Wemyss left a trust-deed under which the beneficiaries Fourth branch of 
are intended to be " decayed merchants or tradesmen, who have carried on ° erocu or. 
business within the municipal boundaries of the City of Edinburgh for at least Qualification of 

. Beneficianea. 

ten years ; or the widows of such merchants or tradesmen, of strictly moral 
character, and not less than fifty years of age." Burgesses and their families 
are thus not excluded from the benefit of this foundation as they are from that 
of Lennie's. 

There remains a class of foundations where preference has been given to Founder's kin, and 
persons bearing particular names, or of the founder's kin, twenty-one in ^P'^'^'* names. 
number : — 

1697. Alexander. Preference for founder's kin, or name of 

Alexander. Originally numbering, 
1723. Watson. Watson or Davidson (also in burgess list), 
1732. Young. Founder's kin (Patrons — Corporation of Cor- 

diners), also in burgess list, .... 
1758. Wilkie (also in burgess list). Wilkie, 
1761. Crokat. The names Crokat, Evans, Sheilds, Cave, Brown, 

Murdoch, Ker, Young (Patrons — the Minister and 

Kirk-Session of Wester Greyfriars), . 
1766. Beech. Beech and Duncan (also in burgess list). 

(Patrons — the Merchant Company), 
1768. Fraser. Eraser or Ellis (Patrons — Lord Provost, Dean of 

Guild, and Treasurer), ..... 
1776. Callender. The relations of father or mother of founder, 

etc. (Patrons — the Corporation of Skinners), . . 2 

In addition to these, there are seven other private rights of patronage 
where the selection of the patrons is quite unlimited : — 

1719. William Brown of Dalgourie (Patron — his Representative, App. p. 255. 

Lady Susan Brown Bourke), .... 1 

1723. Lady Grizel Sempill (Patron — Earl of Rosebery), . 1 App. p. 254. 



12 




1 


App. p. 266. 




App. p. 259. 


1 




1 


App. p. 266. 




App. p. 267. 


2 






App. pp. 271-2. 


1 






App. p. 268. 


1 






App. p. 273. 



170 



APPENDICES. 



Fourth branch of 
Interlocutor. 

Qualification of 
Beneficiaries. 

App. p. 263. 

App. p. 264. 

App. p. 271. 

App. p. 276. 

App. p. 279. 



1736. Rev. Wm. Brown (Patron — the Minister of Old Grey- 

friars), ....... 1 

1737. Mrs Melvill's (Patron— Mr Whyte Melville of Bendochie), 1 
1765. Hunter's (Patron — Lord Forbes), .... 1 
1812. Campbell's (Patrons — the Incorporation of Skinners and 

Fun-iers), ...... 1 

1846. Thomson Paul (Patrons — the Governors of the Trinity 

Hospital), ...... 1 

Nearly all the private foundations require decay in circumstances, good 
character, and the attainment of fifty years of age, as conditions of qualification. 

There has been no complaint that any special conditions have not been 
attended to. 

Probably a better description of the class to which the general fund was 
applied before the introduction of out-pensioners, cannot be found anywhere 
than that given in Gairdner's Historical Account of Trinity Hospital (1728) : — 
" They are burgesses, burgesses' wives, or children of burgesses not married, nor 
under the age of fifty years, and care is taken that they be persons of good 
reputation, who behaved themselves virtuously in their former days, who have 
not squandered away their substance by riotous living, but they or their parents 
were brought to low circumstances by providential dispensation, and by which 
it appears they have not had a sinful hand in their own misfortunes." 

The manner in which the Governors have given largest preference to those 
possessing the burgess qualification, is by the gradual establishment of out- 
door pensioners, which, except a few of the name of Alexander and occasional 
transference from the Hospital of presentees by private patrons, have been 
reserved exclusively for persons possessing the burgess qualification. These 
pensions fall to be considered under the next branch of the Remit. 



Fifth branch of V. " How many Out-door Pensioners have from time to time been admitted 

Interlocutor. ^ ^^^ benefits of the Charity?" 

Out-door Pensioners. Out-door pensioners were not originally contemplated, and the fact of 

non-residence was at first regarded as a breach of order, but long before the 



OUT-DOOR PENSIONERS. 171 



sale of the Hospital buildings, the granting of such pensions had been con- Fifth branch of 

sidered useful, as extending the benefits of the Charity to persons who did 

not wish to go into residence, and then to persons who did not choose to grant ^*-'^°°' Pensionera. 

in favour of the trustees a dispositio OTnniuTn bonoruvi, which was at one time 

required from all who were admitted to the full benefit of the Charity, latterly 

only from the presentees of the Magistrates. And when the funds enabled 

assistance to be given to a larger number than the building could contain, 

their distribution, without the condition of residence, enabled the number 

and range of selection of beneficiaries to be largely increased. 

The subject of pensioners living out of the Hospital early assumed im- 
portance. The beidmen even before the Hospital was transferred to the 
town seem frequently not to have occupied the quarters provided for them, 
but to have turned them to account by letting them to third parties, or even 
selling their right to them ; and among the cases of discipline recorded in the 
resister published by the Bannatvne Club, is a deprivation for non-residence Coll. Churches of 

^ ^ ■' , f . . ., Midlothian. Ban. 

for fifteen years, the beidman having sold his privilege. Club, p. 231. 

These abuses led to a special regulation by the Chapter of the College on Ban. Club, p. 236. 
the 14th day of December 1581, "that na beidman heirefter sail resave penny 
maill for thair sellis and chalmeris fra ony of thair brether nor sett the samyn 
to ony other stranger, bot to occupy the samyn nichtlie thameselfis personalie 
vtherwayis the maist wermest to be given to thame that remanis thairin 
nychtlie & quhatsumevir he beis that failzies heiruntill sail incur the pane 
of depravatioun and ane othir qualifiit placit thairin." 

The dilapidated condition of the buildings was occasionally such as to 
account for non-residence, both under the old regime and under the administra- 
tion of the Magistrates, so that they sometimes reduced the number, both 
because of the want of accommodation and that the revenues of the beidman- 
ships might be devoted to repairing the house. 

Another cause which may have led to the same result was the splitting Coll. Churches of 

"' r & Midlothian. 



of the Charity, there being evidence of dividing of beidmanships of the old 
Hospital just as there is within a very recent period of dividing the larger 
pensions into two, so multiplying patronage, and increasing the number of 
beneficiaries beyond that for which there existed accommodation in the 
Hospital buildings, thereby probably altering the class of the recipients. 



172 



APPENDICES. 



Fifth branch of 
Interlocutor. 

Out-door Pensioners. 

Council Records, 
vol. XXXV. p. 234. 

Council Records, 
vol. xi. p. 315. 



Hospital Records, 
vol. i. p. 16. 



Council Records, 
vol. xii. p. 363. 

Hospital Records, 
vol. iii. p. 137. 



Hospital Records, 
vol. V. p. 222. 



Dj. vol. vii. p. 139. 
11th June 1806. 

lb. vol. vii. p. 236. 



Though the class of out-door pensioners has now been recognised for a 
century and more, it was certainly regarded for long as an irregularity. 

In 1650, it was resolved that none should get any means out of the 
Hospital rents but such as shall remain in the Hospital ; and on 1 5th March 
1714, it was resolved that allowances should be withdrawn in cases of non- 
residence. 

Although for some years John Agnew, a relative of the founder of the 
Alexander mortification, was allowed £10, the case was treated as exceptional, 
and he was admitted to the house in 1711. 

The first case of acknowledged boarding out of the house is found on 
21st August 1721, in the case of John Whytfoord, "a member of the Hospital 
for these many years bygane, hath lyen out of the house because of his being 
subject to convulsion fits." He was boarded out till his death in 1735. During 
this period only one other case of boarding out has been discovered, and it 
only lasted for three months. There was a woman boarded out for six months 
in 1747, and at the same time a person disordered in her mind, and soon after 
another similarly afilicted. 

In the course of 1750-51, four different parties were elected when there 
was no vacancy nor any room in the Hospital, so they were boarded out of the 
house, and from this time onwards, although there were occasional attempts 
at repression, the number of out-pensioners has been considerable. On 5th 
September 1759, there were fourteen out-pensioners on the roll. On the 
ground that granting out-pensions induced many to apply who would not do 
so if they had to go into the Hospital, it was again resolved to put none on 
the roll who did not go into residence. But the resolutions seem to have been 
of little avail. Thus, in 1774, the number boarded without the house had 
increased to twenty- two, and in 1777, to thirty. It was found necessary again, 
on 29th July 1778, to resolve that no out-pensioners should be allowed. After 
this, the number was gradually reduced till 1792, when there were only fourteen ; 
but thereafter it steadily increased till 1806, when they had risen to thirty-two, 
and it was resolved to appoint thirty -six additional out-pensioners, and in 1808, 
forty-seven. At the same time it was resolved not to fill up vacancies which 
might occur in the out-pension list, but devote the income set free to providing 
increased hospital accommodation. It was only on 13th March 1811, that out- 



OUT-DOOR PENSIONERS ADMITTED. 173 

pensioners were deliberately adopted as part of the permanent establish- Fifth branch of 

ment. So strong was the feeling entertained by some that it was an in- 

fringement of the foundation to have out-pensioners, that this practice was, *^"'-''°'"' Pensioners. 
on 22d August 1821, made the basis of an objection to taking the old oath 
of office. 

In one sense, all the beneficiaries are now out-door; but they are paid 
on two scales, one supposed to represent the old beidmen, the other the out- 
pensioners. The number of the latter was about ninety, and was raised to 
112 on 1st May 1860, and to 120 upon 22d October 1861. 

In the scheme lodged by the Governors, with a view to giving effect to the Appended to Minute, 
judgments of the House of Lords appropriating to the beneficiaries the com- 
pensation paid for the old Hospital, and the greater part of that paid for 
the College Church, it was proposed to increase the number of out-pensioners 
receiving £10 to 200. 

Sixth Branch of the Interlocutor. 

VI. " What Allowances have from time to time been paid to such Out-door Sixth branch of 
Pensioners, ar 
been fixed?" 



Pensioners, and upon what principle such Allowances appear to have 



When Whytf oord was first boarded out of the house, he seems to have Allowance to Out- 
been allowed at the rate of £5 a-year till 1721, when the Treasurer " required 
the Council would order what he was to give for his maintenance, which being 
considered by the Council, they appointed the Treasurer to the Hospital to pay 
quarterly for the said John Whytfoord's maintenance conforme to the bill of 
fare," — which had then been recently established in the Hospital. What that 
was we learn from the following entry in the accounts for the year ending 1st Hospital Records 
November 1722 : " Maintenance of John Whytfoord, boarded out of ye house, ^° " '' ^' 
£6, 13s. 4d." And at this rate his maintenance was continued down to the 
date of his death in 1735. The others above referred to as having been boarded 
out for a few months, as well as those disordered in their minds, are charged in 
the accounts at the rate of £6 per annum ; so were those boarded out of the 
house in 1750 for want of room. No general principle was laid down; but 
VOL. II. z 



174 



APPENDICES. 



Sixth branch of 
Interlocutor. 

Allowance to Out- 
door Pensioners. 



an examination of the accounts at that time shews that the cost of their 
maintenance in the Hospital, — apart from clothing, — was little over £6. In 
the accomits of last century these out-door pensioners are described as " on 
board wages," or " boarded out of the house." 

The allowance continued at the rate of £6 a-year till 1st May 1860, when, 
in consequence of the increase in the free revenue from the sale of the buildings 
and the diminution of the expenditure, from the old Hospital staff being dis- 
pensed with, and lowering the allowance to " inmates," — the Governors resolved 
to add £2 a-year to the allowance of the ninety-two pensioners on the out- 
door roll, and to increase their number by twenty; and on 22d October 1861 
they resolved to raise the number to 120, and the allowance to £10. No 
reason is on either occasion assigned, except the lai-ge balance of available 
funds. Practically the allowance at first was the cost of an inmate according 
to the bill of fare, and as that has been preserved, it will be seen that the diet 
must have been considered in those days a very generous one. 



Seventh Branch of the Interlocutok. 



Seventh branch of 
Interlocutor. 



VII. " What has been the Gross Annual Income of the Charity since the 
old Hospital was removed, what deductions have been made, or fall 
to be made, therefrom, and what has been the Free Annual Income 
applicable and applied for behoof of the Beneficiaries ? " 

The subjoined Statement by Mr Gillies Smith contains the answer to this 
head of the Remit, and there is added to it an estimate, which the Reporter 
asked him to prepare, of the income available for distribution among the 
Beneficiaries : — 

The average sum annually applied for the use of Bene- 
ficiaries appears to have been, . . . £1,614 12 10| 

The sum actually expended during the year preceding 1st 

August 1873 was, ..... 2,000 

The estimated annual income available for the Bene- 
ficiaries is, ..... . 1,965 11 8 



Annual Income. 



ANNUAL INCOME OF THE CHARITY. 175 



STATEMENT of Gross Annual Income of the Clarity since the Old Hospital ^"Z'll^i^J^i^^ °' 

was removed, etc. 

Tlie Amount of Funds at 15th September 1873 (exclusive of those of Wemyss 

Trust), was, as above stated, ...... £35,524 3 10' 

The Debt due by the Hospital at 1st November 1845, was, . . . 2,274 6 10' 

Increase on Funds between 1st Nov. 1845 and 15th Sept. 1873, £37,798 10 8^" 

Arising thus — 

The Gross Annual Income for the period has been as 
follows : — 
Trinity Hospital Proper, ..... £76,062 15 2 

Trinity College Church Fund, . . . . 18,137 4 8 

William Lennie's Trust . .£3,905 3 11« 

Less — Paid to Bursars, . . 659 16 6 



3,245 7 5'' 



Total, . £97,445 7 3'^ 



The Charges affecting Income have been — 
Trinity Hospital Proper — 

Eepairs and Improvements to Hospital 

Property,* .... £1,914 5 2= 

Interest on Sums borrowed by Hospital, 487 16 7° 

Public Burdens, Cess, Teinds, etc., . 6,874 7 7" 

Law Expenses, .... 1,289 13 0"= 

Allowances to Tenants for Lands taken, 466 6 10 

Compositions on Entries, . . . 34 18 2^ 
Underpayments of Stipend in South 

Leith locality found due by Hospital, 4,164 4 4 
Salaries and Allowance to Town for 

management, .... 3,990 12 6 

Pensions to former Matrons and Others, 790 7 6 

Books, Stationery, and Stamps, . . 120 2 8 

Incidental Expenses, . . . 501 13 8' 



Carry forward, . £20,634 8 2" £97,445 7 3" £37,798 10 8" 

* Note. — In preparing a State of the amount of Eepairs, etc., chargeable against Income, 
the Accountant has followed the course taken by those who prepared the Hospital Accounts ; 
but on looking into the details of the Expenditure, so far as before him, he is inclined to think 
that a large part of the above sum, being of the nature of permanent improvements, is 
chargeable against Capital. 



176 



APPENDICES. 



Seventh branch of 


Brought forward, 




Interlocutor. 


Trinity College Church Fund- 




Annual Income. 


Rents of Area at Regent 








Road, . 


£446 19 


5 




Rents of Hall for accom 








modation of Churcl 








Congregation, . 


1,610 







Interest paid, 


346 14 


4 




Repairs to Property, 


.314 6 


1 




Taxes and Feu-duty, 


196 4 


10" 




Law Expenses, . 


3 16 


1 




Incidents, 


55 18 







Expenses of Management 


415 8 


8 




William Lennie's Trust — 








Taxes, 


£492 1 


lO" 




Repairs, . 


81 8 


10 




Interest, . 


59 12 


5 




Expenses of Management 


195 10 


4" 




Incidental Expenses, 


20 14 


9 



£20,634 8 2" £97,445 7 3" £37,798 10 8'" 



Expenseof newHouseand 
Steading on the Farm 
of Nether Auchenreoch, 
paid out of Income, 
but properly affecting 
Capital, 



£849 8 3 



679 8 6 



Leaving free Income, 

The sums applied for behoof of the Bene- 

ciaries during the period have been — 

Trinity Hospital Charity Proper, . 

William Lennie's Trust, 



3,389 V 11'-' 



1,528 16 9 



25,552 12 lis 



£71,892 14 3'< 



£45,210 9 
1,472 10 



46,682 19 6 



Lea\nngthe accumulation of Income during that period 
which has not been applied for behoof of the 
Beneficiaries, ...... 



£25,209 14 9'" 



Carry forward. 



. £25,209 14 9'" £37,798 10 8" 



ANNUAL INCOME OF THE CHARITY. 



177 



Brought forward, . . £25,209 14 9"> £37,798 10 8'" Seventh branch of 

The Balance of Sums received on Account of the Capital of Interlocutor. 

Trinity Hospital Proper during the above period was Annual Income. 

as follows : — 

Sums received — 
1. Legacies — 

Miss Jane Denham, per Account for 

1849, . . . . £50 

*Miss Patison, do. 1867, 250 



2. Price of Property and Land sold— 




Description. ^- Acc^. 


Price. 




Building and Garden 








of Old Hospital, . 


1846 


£6,000 





Eight of Servitude 








overGround at foot 








of Leith Wynd, . 


1848 


500 





Old House at the 








Dean, 


1849 


20 





Price of £4 part of 








Feu-duty payable 








for Lot 5 of Clare- 








mont Park, 


1851 


92 





Part of Blinkbonny, 


1853 


314 13 


9 


Part of Farm of 








Quarry Holes, 


1853 


16 14 


10 


Cottages on Dean 








Farm, 


1857 


150 





Part of Dean Farm 








sold to Caledonian 








Railway, . 


1860 


3,545 





Carry forward. 


£10,638 8 


7 



£300 



£300 £25,209 14 9i» £37,798 10 8'» 



* In treating this as a legacy, the Accountant seems to have adopted the statement in the 
City accounts. It was truly a sum received under a dispositio omnium bonorum granted by 
Miss Patison on admission as an inmate. Such sums have been treated generally as income, 
going to replace the expenditure on the inmates. 



178 



APPENDICES. 



Seventh branch of 
Interlocutor. 

Annual Income. 



Description. 



Per Acct. 
for Year. 

Brought forward, 

Part of Property 

between Blackball 

and Blinkbonny 

sold to C'ramond 

District Road 

Trustees, . .1863 

Compensation for 

Ground at Quarry 

Holes, taken by 

N. B. Railway 

Company, less 

value of tenant's 

interest, . .1868 

Allowance from said 

Company in lieu of 

their obligation to 

form a road there, 1868 
House in College 

Wynd sold to 

Impr veme n t 

Trustees, . .1872 

Hospital share of 

consigned price of 

Area on which 

stood tenement 

Nos. 60, 62, and 64 

High Street, taken 

down by order of 

Court, . . 1873 



Price. 
£10,638 8 



3. Sums received in relinquishment of 

Feus, ..... 

4. Law Expenses recovered, 

5. Sum received for permission to work Sand 

in 1867, ..... 



7 £300 £25,209 14 9" £37,798 10 8'" 



202 10 



1,915 19 



100 



70 



185 3 6 



■13,112 1 1 



1,243 17 

168 10 



100 



Carryforward, . £14,924 9 £25,209 14 9" £37,798 10 8" 



ANNUAL INCOME OF THE CHARITY. 



179 



Brought forward, 
Less Sums paid, viz. : — 

1. House at Deanbank, pur- 

chased in 1848, 

2. Eepairs and Improve- 

ments to Property (of 
a permanent nature), . 

3. Payment in redemption 

of right of presentation, 

4. Price of Teinds purchased 

in South Leith Parisl: 
in 1849, 

5. Law Expenses, . - 

6. Sundry Expenses, includ 

ing Payment for Print 
ing Hospital Charters, 
etc 124 10 6 



£14,924 9 £25,209 14 9'" £37,798 10 8" Seventh branch of 

Interlocutor. 

Annual Income. 



£63 

2,355 14 
200 



315 
1,040 14 4 



4,098 18 10 



Balance of Sums received on Account of Capital of Tiinity 
College Church Fund, viz. :— 

Sums received, viz. : — 

From the North British Eailway Com- 
pany, per Account for 1848 — 

1. For the Site of the Old Church, . 

2. As the estimated Expense of Re- 

building the Church, 



Architect's Fees for Eeport to Sheriff re- 
covered, per Account for 1849, . 

Price of Property at Calton Hill Stairs 
sold, per Accounts for 185V, 

Law Expenses recovered, . 

For Slates and Windows of Old Church, 
per Account for 1855, 



£800 

16,371 9 6 

£17,171 9 6 

50 

880 

102 8 

37 3 6 



10,825 10 2 



Carryforward, . £18,241 1 £36,035 4 U" £37,798 10 8'" 



180 



APPENDICES. 



Seventh branch of 
Interlocutor. 

Annual Income. 



Brought forward, 
Less Sums paid, viz. : — 

1. Sums expended in erection of New 
Church — 

Per Accounts for 1871, £15 19 10 
Do. for 1872, 1,879 9 3 

Do. for 1873, 2,376 3 8 

2. Payments for Materials 

of Old Church, and Ex- 
penses of Removing the 
same, . . . 1,596 16 3 

3. Plans, Measurements, 

etc., connected with in- 
tended Restoration of 
Church between 1849 
and 1863, . . 1,423 7 

4. Property Puichased — 

Per 

Property. ^^^^ Price. 

Property at 

Cal ton Hill 

SUirs, . 1851 £1,260 
Property at 

Ireland's 

Woodyard, 1858 1,700 
Site of New 

Church, .1871 1,760 

5. Law Expenses, 

6. Miscellaneous, 



£18,241 1 £36,035 4 U'" £37,798 10 S'" 



4,720 

4,456 2 8 

9 16 7 



16,477 15 3 



Total, — being Increase on Funds between 1845 and 1873, 
as above, ....... 



1,763 5 9 



£37,798 10 8'" 



ESTIMATE of Contbined Nett Income of Trinity Hospital Proper and 

Trinity College Church Fund. 
Trinity Hospital Pi-oper — 
Rents (taking the amount at the sums stated in the Accounts for 1872-73) — 
Deanpark, Blinkbonny, Quarryholes, and Maidencraig, . . . £1,792 10 11 



Carry forward, 



£1,792 10 11 



ANNUAL INCOME OF THE CHARITY 181 

Brought forward, . . £1,792 10 11 Seventh branch of 

House and Garden at Blackhall, 16 InteH^™tor. 

Houses and Shops in Edinburgh, and Seats in West Church, . . 52 2 6 j^gj Tnoome 

£1,860 13 5 
Feu-duties at Coatfield, Claremont Park, etc. (amount in 1872-73), . . 547 19 10" 

Interest — 

Annuities on City Bonds, ..... £457 10 
Interest on Money in Bank of Scotland (£7,691, 10s. 5d.), 
say if invested at 4 per cent., .... 307 13 3 



765 3 3 
Nett Proceeds of Eevenue of Paul's Work (amount in 1872-73), . . 107 1110" 



Trinity College Church Fund — 
Rents of Property at Ireland's Woodyard, . . . £90 

Interest- 
On Ijoan to Slaughter-Houses Account 

(£3,118, Os. 2d.), say at 4 per cent., . £124 14 4 
On Money in Bank of Scotland (£13,390, 

2s. Od.), say if invested at 4 per cent., . 535 12 



£3,281 8 5^ 



660 6 4 



750 6 4 



£4,031 14 9^ 
Deduct Repairs, etc., Public Burdens and Expenses of Management, say, . 550 



Combined Nett Income, . £3,481 14 9^ 

Note. — Besides the Income above stated, .... £3,481 14 9^ 
there is also Income from William Lennie's Trust, as 
follows : — 
Rents of Nether Auchenreoch and Property 

in Springholm, .... £184 14 5 

Available portion of Annuity secured over 

Ballochneck, . . . . . 85 

Interest on money in Bank (£241, 12s. 3d.), 
say if invested at 4 per cent., . . 9 13 3 

£279 7 8 
Less — Payments to Bursars, Expenses of Management, 

etc., say, . . . . . . . 100 

£179 7 8 

VOL. II. 2 A 



182 



APPENDICES. 



Seventh branch of 
Interlocutor. 

Trinity CoUege 
Church Fund. 
E.xpenditure con- 
nected with rebuild- 
ing Church. 



Several of the items above mentioned connected with the Ti-inity College 
accounts appear somewhat startling. 

Upwards of £17,000 were received in 1845 from the Railway Company in 
respect of their having removed the church, and taken its site, the charges 
against the fund amount to about £16,500. So that, although it has been fixed 
that the price of the old church and site are available for the general Charity of 
Trinity Hospital, subject to the burden of providing a new church, which was 
to cost but £7000, there is left for the Charity little but the interest which has 
accrued, owing to the delay which has occurred in its application. The great 
expenditure, in addition to the cost of providing the congregation with tem- 
porary places of worship, and providing for the storage of the old materials, 
may be divided into (1) expenses connected with the fabric of the church, and 
(2) law expenses mainly connected with litigation. 

1. The accounts shew that there had, as at 1st August 1873, been 
expended on the rebuilding of the church the sum of £4271, 12s., besides £1760 
for its site and the price of Ireland's Woodyard, which, however, is expected 
to be advantageously sold. 

It is understood that the whole £7000 has now been paid. It appears 
further, from proceedings of the Town Council, that the actual cost of the new 
buildings has exceeded the sum allowed by the Court by £676. This extra 
expenditure of £676 has been accounted for in this way : After approval by 
the Court of plans which did not embrace the use of the materials of the old 
church, it was suggested that a portion of these might be employed so as 
to reproduce and annex to the new church the apse and certain features of 
the choir of the ancient building; and the Magistrates, in concert with the 
Trinity Hospital Committee of their number, have proceeded at their own hand, 
without ajiplying for the sanction of the Court, to have a church built 
embracing these old features, and have charged the contractor with £300 as 
the value of the old materials. The expenditure, so far as in excess of the sum 
sanctioned by the Court, was unauthorised ; and the inference from the public 
discussion is, that it is admitted that it cannot be thrown on the funds of the 
Charity. The Town Council have ordered it to be paid out of the common good. 

The fact is at first sight striking, that materials, which up to the date of 
putting them in store cost £1596, 16s. 3d., were sold for £300. It is quite 



ANNUAL INCOME OF THE CHARITY. 183 

intelligible that the old materials possessed one value when it was intended Seventh branch of 
that the old church should be reproduced on its original plan, and a much " ^l^ °^' 

lower value when only a small portion was to be reproduced, and the rest used Trinity College 
merely as rubble. Accordingly, the opinion of Mr Bryce the architect was Expenditure con- 
obtained, and a valuation, dated 25th August 1871, has been exhibited, fixing "„"g chureh. '''^"'''^" 
the value of the old materials at £300 ; and there is no reason to doubt that 
the Magistrates did well by the Charity in accepting this valuation, for, in 
looking into the details by which the original valuation was arrived at, it 
appears that the value put on the materials was only £441 ; while the cost of 
numbering, and removing, and putting them in store, so as to be available for 
rebuilding the church on the original plan, amounted to £881. Nevertheless 
there remains a loss to the Trinity College Church fund of £1296, 16s. 3d. on 
this head ; and a loss of £380 on a site purchased on the Calton Hill for the 
erection of the church, which was bought for £1260, and sold for £880; and a 
loss of £1373, 7s. (after crediting a sum recovered from the Railway Company) 
on plans and measurements made at different times, and having reference to 
many proposed sites, besides £446, 19s. 5d. for continued storage from 1848 to 
1873, and £1610 for providing places of worship, — and amounting altogether 
to, £5,107 2 8 

2. It will likewise be observed that there has been sunk in law expenses, Trinity College 
with reference to the Trinity College Church fund, no less than £4456, 2s. 8d., J^^p'^^ J"°'^ ^""^ 
less £102 recovered in 1849. However much it may be matter of regret that 
so large a sum should have been so expended, the expenditure is easily under- 
stood, when the larger items of which it is composed are considered. 

There were preliminary Parliamentary and law expenses, amounting 
to, £552 17 

Of which there were recovered, . . . . 102 8 



£450 9 



No sooner had the money been received, than a variety of questions 
arose as to the powers of the Magistrates in regard to it, and as to rebuild- 
ing the church on a site not within the old Trinity College parish, which led 
to various consultations and opinions of counsel being had, which in all 
cost, £91 5 5 



184 



APPENDICES. 



Seventh branch of 
Interlocutor. 

Trinity College 
Church Fund Law 
Kxpenses. 



Then commenced the litigations, and it may be convenient to mention 
first, that at the instance of Forrester and Others, which is at an end. 

In the Court of Session the Magistrates, who held the fund, had to pay 
their own expenses and those of the pursuers, . . £435 13 9 

Expenses in the House of Lords, .... 576 211 

Expense connected with application of judgment, . . 25 13 5 



Forrester and Others having failed in the House 
Lords, repaid of costs paid them in the Court of Session, 



of 



Nett expenses connected with Forrester's action, 

In the processes at the instance of beneficiaries under the 
Charity, the expenses of the Magistrates in the Court of Session 
amounted to, .'..... . 

Under the judgment of the House of Lords, they also 
paid those of the beneficiaries, . . 

They had also to pay their own expenses in the House 
of Lords, £373 6 5 

And those of the beneficiaries, . . 602 2 9 



In course of applying the judgment of the House of Lords 
in this case, besides the questions which became the subject 
of a fresh appeal as to the sum to be expended on the new 
church, and the propriety of building a new hospital, there 
arose fresh litigation, at the instance of the University, 
claiming to share in the funds, in which, although the 
University failed, they were not found liable in expenses. 
The whole costs in the Court of Session paid out of the 
Charity amounted to, . 

In this appeal the Magistrates' costs were, . £178 6 3 
And those of the beneficiaries, also paid out 
of fund 233 5 10 



£1,037 10 1 

132 10 

£905 1 

249 9 10 

217 7 7 

975 9 2 



410 11 3 



412 12 1 



Total cost in second action, so far as disposed of, 



£2,265 9 11 



ANNUAL INCOME OF THE CHARITY. 185 

The pursuers' accounts, and in some cases the Governors', the interlocutor Seventh branch of 
allowing them having borne "properly incurred," were paid under decree of nter ocutor. 
Court on the auditor's report, — in all the Governors' agents' accounts are taxed Trinity College 

, ., « T, n y^ , Church Fund Law 

by the Auditor oi Court. Expenses. 

A very considerable amount of farther expense also has been incurred 
partlj' in connection with the fixing of the site and plans of the church, and 
is charged in the accounts, — as is also the expense of transcribing, translating, 
and printing the Charters (these have to some extent been charged in the 
Hospital proper accounts), and in printing of Notes by the City Clerk on the 
history of the Charity down to 1661. 

Some of the items are properly connected rather with ordinary business 
than litigation. 

The Expenses of Management. 

The expense of management has varied much. Till the present century Expenses of 
the ofiice of Treasurer seems to have been gratuitous, and the City Clerk ^"'^semen . 
received but £6 of a salary, and his depute lis. l^^d. Later the expense, 
exclusive of the cost of the matron, chaplain, and house establishment, has 
varied, and has been limited to the salary of the Treasurer and the allowance 
made to the City Clerk's department as keeper of the records of the Hospital. 

The ordinary expenses for some time before the removal of the Hospital, 
amounted to less than £250, viz. : — Hospital Treasurer's salary, £200 ; Keeper 
of the Eecords, £25 — a few pounds for the clerks in the City Clerk's office ; 
Accountant's fee, £15, 15s. 

In 1859 it was resolved to re-adjust the distribution of the City's general 
expenses of management. The re-adjustment did not receive full effect as to 
Trinity Hospital till 1862, when the office of Hospital Treasurer was abolished, 
or rather its duties were transferred to the City Chamberlain. From this 
time all the City establishments were paid by fixed salaries, and on the 
various trusts and funds under the management of the City special contribu- 
tions were levied. Thus there was paid annually from the Hospital fund to 
the City Clerk's fee fund, £31 ; and for general management in the Chamber- 
lain's department, £80; while four per cent, on receipts has been charged 
against the Trinity College Church fund, averaging about £29 a-year. 



186 



APPENDICES. 



Seventh branch of 
Interlocutor. 

Expenses of ' 
Management. 



The expenses of management have recently been nearly doubled, as " By 
Act of Council, of date 23d September 1873, the Magistrates and Council 
ordered that a sura of £150 be transferred annually from the Trinity Hospital 
funds to a common fund, which is to provide the means necessary to meet the 
salary of the Town Clerk and the expenses of his office." 

As this addition to the expenses had taken place since the date of the 
accounts submitted to the Accountant, it was communicated to him, when he 
was asked for a probable estimate of the free income. There is a considerable 
amount of trouble occasioned in the City Clerk's department connected with 
attending to the numerous claims by the various applicants for the benefit of 
the Charity, and arranging and classifying them for consideration by the 
Council and its Committee, and the numerous monthly payments to the 
pensioners, and collection of small feu-duties by the Chamberlain's department 
also involve considerable trouble, beyond that connected with the keeping of 
the accounts. There will be found under the next head some observations on 
the manner in which the Records of the Hospital are kept. 



Eighth branch of 
Interlocutor. 



Overpayment of 

interest by Hospital 
for the Town. 



Eighth Branch of the Interlocutor. 

VIII. "Any other fact or matter which may appear to the Reporter to be 
material or useful for the information of the Court in settling a 
scheme for the future administration and application of the funds 
of the Charity." 

Various matters which might have fallen under this head of the Remit 
have been discussed above, and in regard to them, all that is required here 
is to refer to them. One or two other points of more or less importance 
require notice as possibly affecting the amount available for distribution. 

During both of the periods — the accounts for which have been examined 
by the Accountant — they seem to have been in essentials correctly stated, 
except one small matter of interest in each. 

1. In the earlier period— 1611-45— it appears from the accounts that 
interest on the unpaid balance of price of Coatfield, etc., was, in the years 1629 



SUGGESTIONS BY REPORTER. 187 



and 1630, calculated and paid on £50,000; but the balance due, in fact, was Eighth branch of 

, , , .,-,.,, , • 1 , Interlocutor, 

only £49,000, and it would thus appear that during these two years interest 

was paid on £1000 more than was due. Other lands of Stainydale were Council Records, 

^ vol. XIV. p. 92. 

agreed to be purchased for £1000 Scots for the town from the same sellers, jqj,^ ^^^^.^ jggs. 

on the same day, and as a part of the same transaction as the purchase of the 

lands of Coatfield. The City accounts shew that the price of Stainydale was 

not paid by the town for two years, although the town drew the rents for that 

period. As this is the period during which the Hospital paid two years' 

interest on the precise sum agreed upon for Stainydale, it has been conjectured 

that the Hospital was erroneously charged with two years' interest, when it 

ought to have been paid by the town. If this conjecture be correct, £200 

Scots was overpaid for the town by the Magistrates, who had charge of both 

estates. 

2. In the latter period — 1829 to 1873 — the Accountant has called the Underpayment of 
Reporter's attention to a failure on the part of the Magistrates to credit the j" thrilospital. 
Trinity College Church fund with a small amount of interest. He says — 
" The only omission which I observe to give credit for a sum due, is in the case 
of interest upon £800 received by the town on 9th May 1848 from the North 
British Railway Company as the price of the site of Trinity College Church, 
which is omitted as a charge against the Corporation, for the period from 9th 
May 1848 to the date in 1850 or 1857, when the £800 was placed to the credit 
of the Trinity College Church fund." 

That date has since been ascertained to be 19th May 1851. It is not dis- 
puted that the mistake has occurred, but it is explained by the present City 
Chamberlain that when this money was originally paid, it was not supposed 
that the Trinity Hospital Charity had any interest in it. The Magistrates 
treated the church as belonging to the City, and its price was accordingly 
managed along with the rest of the city property, and no special charge was 
made against it for management, and it is submitted by him that if the 
account is to be corrected, and interest charged for the period in question, 
there should be set to the credit of the City a reasonable sum for the expense 
of management of the Church fund from 1848 to 1859, during which period 
no charge for management has been made. Since 1859 four per cent, on all 
receipts has been charged for management. 



188 APPENDICES. 



Eighth branch of 3. The Reporter thinks it proper to notice another matter connected 

^ ■ with the payment o£ interest, where the Magistrates were concerned, both as 

Question as to the lenders to and borrowers for the town. It has been incidentally mentioned 
ought to have been above, in Connection with the investment of funds originally derived from the 
^^^™ '°*°^ *° *" Alexander mortification, viz., lending the Hospital funds to the City at one per 
Supra, p. 132. Cent, below the legal rate. The examples given shew that five per cent, could 

be at the time obtained from others. A published table shews that four and 
a-half per cent, was received from 1789 to 1816 on funds lent by the Ministers' 
Widows' Fund, for money lent upon heritable security. On the other hand, 
the loan to the town, made in 1748, was made on a representation by the 
Treasurer of the Hospital, that the difiiculty of gathering in the interest from 
private parties was so great that he would consider it advantageous to the 
Charity to get a lower rate from the town. To this matter the attention of the 
Governors was specially called, more than once, by their Treasurer, and on 10th 
January 1816 they represented to themselves, as Magistrates, that they only 
gave four per cent., and demanded " that in future they should pay the same 
interest given to an individual, that is, five per cent." There seem to have 
been some communings among the City authorities on the subject, but disposal 
of the matter was delayed. At the instance of the Hospital Treasurer there was 
again a remonstrance on the fact, which the accounts shew was correctly stated, 
that only four per cent, had been paid on a loan from its date as far back as 
1748, but nothing had been done when the City got into the difficulties which 
1 and 2 Vict. c. 55. led to the City Agreement Act being passed. 

Road across the Calton Hill. 
Supra, p. 124. There was noted above a payment made in 1822 of £4000 " for the new 

road and bridge to and across the Calton Hill." The explanation of this 

payment is as follows : — 
53 Geo. III. c. 53. In 1813, an Act was passed appointing Commissioners with certain powers 

for erecting and maintaining a new jail in Edinburgh. Towards this object 

the town was to contribute £8000. 

Soon after this Act was passed, it seems to have been suggested to the 

Magisti'ates that a good site might be found for the jail on the Calton Hill, 

which might be connected with Princes Street by bridging over the Low 



SUGGESTIONS BY REPORTER. 189 

Calton, and that new streets might be made across the Calton Hill. The Eighth branch of 

proposed plan which did so much for the adornment of the town, involved 

necessarily a very large expenditure, amounting ultimately to about £90,000. ^''"'°° ^'^ Road. 

The Magistrates seem to have applied for assistance in this undertaking to 

Heriot's Hospital and Trinity Hospital, of which the Magistrates were 

Governors — sole Governors of the latter, but not of the former. The proposed 

new lines of road ran through ground belonging to Heriot's Hospital, and lands 

belonging to Trinity Hospital lay between the Calton Hill and Leith, though 

not touching any of the proposed lines of road. 

The Governors of Heriot's Hospital seem to have agreed to give £800 
a-year till the new work was completed (converted, it is understood, into a 
payment of £8000), but upon condition of the Magistrates expending £6000 
in opening up the end of York Place, and completing the connection with it 
of the new road through the Hospital's land near the Calton Hill and the 
new London Road. 

The Governors of Trinity Hospital entered into an agreement, in which 
the sole counterpart was the hope of developing the feuing capabilities of the 
Hospital property by means of the new roads. The Hospital minutes bear that 
the Governors, on 16th March 1814, took into consideration the report on this 
subject of a Committee, the remit to which is not recorded in the minutes. 

The report bore that the Committee were " of opinion that such com- Hospital Records 
munication, when executed, will afford a shorter and more easy access to the ^o'- ^i'- P- 321. 
Hospital grounds, and thereby enhance the value thereof, by promoting letting 
and feuing of such grounds to greater advantage, and therefore that the 
Hospital should contribute towards the expense the sum of One hundred 
pounds per annum from this time, and One hundred pounds per annum more 
after thi'ee years, until the undertaking shall be finished ; and in the event of 
a sinking fund being created for repayment of the money so contributed for 
such beneficial measure, that the Hospital should draw a rateable proportion 
thereof, corresponding to the sum subscribed, until they should be reimbursed 
of the same." Of this report " the Magistrates and Council, as Governors of 
said Hospital, approved and enacted accordingly, on the understanding that the 
annual payments are to continue until the whole sums borrowed for carrying 
the undertaking into effect shall be paid off." 

VOL. II. 2 b 



190 



APPENDICES. 



Eighth branch of 
Interlocutor. 

Caltou Hill Road. 
54 Geo. III. c. 170. 



56 Geo. III. c. 42, 
sect. 11. 



On 20th June 1814, an Act was passed, narrating that a better situation 
than had been previously intended for the new jail could be found on the 
Calton Hill, and empowering the Commissioners to adopt the proposed site. 
And " whereas, for the purpose of making proper accesses to the said situation 
for the said new jail on the Calton Hill, it is expedient, and will be of great 
advantage to the public, to authorise and empower the said Commissioners to 
make and erect a bridge over the street called the Low Calton, with proper 
avenues and passages, and a street leading from or near from the east end of 
Princes Street in Edinburgh to the Calton Hill, and a road or communication 
from such bridge to the said new jail, and als6 along the said Calton Hill, till 
it join the Eastern Koad to Leith at or near Abbey Hill, and for other reasons," 
the Commissioners for the erection of the jail were made Commissioners also 
for erecting these works. 

The arrangements for direct money contributions towards the works are 
contained in the following sections : — 

Sect. 19. " And towards carrying the purposes of this Act into execution, 
be it enacted, that the Lord Provost, Magistrates, and Council of the said City 
shall, and they are hereby authorised and required to, pay to the said Com- 
missioners the sum of £12,000, and that against the term of Lammas in this 
present year 1814, with interest at the rate of five pounds per centum per 
annum from the term of Whitsunday 1814, which sum shall and may be 
recoverable by the said Commissioners in such and like manner as debts due 
by Royal Burghs in that part of Great Britain called Scotland are recoverable." 

Sect. 20. Three Road districts — the Port Road district, the Leith Walk 
district, and the Middle district — were to contribute £18,000, and £300 a-year 
for ten years, and provisions were made for reimbursing them by tolls. 

Sect. 25. If the foresaid sums were "inadequate to accomplish the pur- 
poses of this Act," power was given to the Provost, Magistrates, and Council 
to levy an assessment of £10,000 on the City. 

Sect. 26. And if that did not prove enough, then they were " authorised 
and required to advance and pay out of the proper funds and revenues of the 
said City to the Commissioners any farther sum not exceeding £5000." 

The assessment for £10,000 was levied, and the £5000 paid ; and in addition 
the town, by section eleven of a subsequent Act, became bound to pay £300 



SUGGESTIONS BY REPORTER. 191 

a-year, if necessary, till their payments amounted to £5000. The amount of Eighth branch of 

their payments under this Act amounted only to £3900. This Act, like the 

previous ones, was silent as to the Hospital, although it authorised additional 
contributions by the Road Trusts. 

The £12,000 above mentioned were provided by taking a bond from 
Trinity Hospital for £4000, and it is understood another from Heriot's Hospital 
for £8000. 

The explanation of this transaction given by the Lord Provost of the day, CouncU Records, 
Sir John Marjoribanks, Baronet, is thus stated in the Minutes of Council, of ^^ Nov"i814. ' 
date 2d Nov. 1814 : — " In consequence of an arrangement with the Governors 
of Heriot's Hospital, who by their Minutes of 22d February and 11th April last, 
had agreed to contribute the sum of £800 per annum, and in consideration of 
the Governors of Trinity Hospital having passed an Act agreeing to contribute 
£100 per annum during the three first years, and £200 per annum thereafter, 
until the undertaking should be finished, and which annuities by Heriot's and 
Trinity Hospitals respectively were to be made payable by bonds to the town 
of Edinburgh, bearing interest from Whitsunday last, the Lord Provost and 
Magistrates had been named in this Act as the parties who were to advance 
to the Jail Commissioners, to be applied in making the road and bridge, the 
sum of £12,000; and that over and above, being bound in terms of the Minute 
of the said Governors of George Heriot's Hospital, to apply the sum of £5000 
towards removing the obstructions at the end of York Place, and £1000 towards 
making the line of road from Leith Walk through the property of the said 
Hospital." 

No minutes of the Governors of Trinity Hospital on this subject are found 
between March 1814 and 6th October 1822, with the exception of an incidental 
notice in a report by the Treasurer on the general state of the Hospital in Hospital Records, 
1815 : — " Let it be kept in remembrance that the Governors of the Hospital 20th™prii 1815. 
have come under an obligation to pay to the trustees for the Wellington 
Bridge £100 per annum till Whitsunday 1817, and £200 per annum after 
that time." 

In October 1822 the Governors took into consideration a letter from 
the Treasurer, stating that the Hospital " contributed £4000 to the formation 
of the Calton Road and Bridge ; this sum it was not convenient to advance, 



192 



APPENDICES. 



Eighth branch of 
Interlocutor. 

Calton Hill Road. 



Hospital Records, 
vol. viii. p. 277. 



and a bond was granted, bearing interest at five per cent. ; " and that he could 
now borrow the money at four per cent., and asking for authority to borrow 
and pay off the bond. The Governors accordingly authorised him " to borrow, 
on the credit of the revenue of the Hospital, the sum of £4000, at four per cent, 
sterling interest, for the purpose of paying up the bond which was granted to 
Sir William Forbes & Company, and which bears interest at five per cent., 
being the amount of the Hospital's contribution towards the formation of the 
Calton Road and Bridge." On 11th December the Treasurer reported that he 
had borrowed £4000 sterling from the National Bank, on a promissory note 
at twelve months' date, and that he had paid off the bond to the City of 
Edinburgh. 

These seem to be the only notices of this transaction in the Hospital's 
minutes, except authority given from time to time to renew the bill, and thus 
shew that the matter assumed a different shape from that originally contem- 
plated ; for, instead of an annual payment for a limited period, there is 
eventually paid a capital sum, which, at five per cent., would have represented 
the sum of the proposed contribution in perpetuity. 

The Hospital accounts shew £100 paid for each of the three first years to 
Whitsunday 1815-16-1'7, and £200 a-year from that time onwards till the bond 
was paid up on 27th November 1822, by money borrowed from the Royal Bank, 
on which two years' discount was paid at four per cent. After annual payments, 
amounting to £1730, 9s. 2d., had been made, funds were found for extinguishing 
this debt in 1824 by uplifting 

Leith Dock bond,* ...... £2,400 

City promissory note, ...... 1,250 

And another bond by the City, for .... 500 

Thus £5730, 9s. 2d., including interest, had by 1824 been expended on this plan 
of city improvements. Whatever view may be taken of the conduct of the 
Town Council, the Reporter has felt it to be his duty to lay the facts before the 
Court. It is impossible not to be struck with some important points of contrast 
between the position of the two Hospitals. 



* The management of Leith Docks was at this time in the hands of the Magistrates of 
Edinburgh. 



reporter's suggestions. 193 



In contracting with Heriot's Hospital, the Magistrates were not the sole Eighth branch of 

° . Interlocutor. 

parties on both sides, — they gave a large counter-consideration. A large amount 

of the general expenditure was made on ground belonging to the Hospital, for * ° 
which it turned out most advantageous by the feuing of Royal and Regent 
Terraces belonging to it. 

In contracting with Trinity Hospital, the Magistrates were the sole parties 
on both sides. There was no direct counter-consideration. No part of the 
money was spent on ground belonging to the Hospital. 

Although the object stated was to enhance the value of the Hospital ground, 
by promoting letting and feuing to greater advantage, this object entirely failed. 

Expensive feuing plans were indeed prepared, as a separate matter, by Hospital Records. 
competing architects, embracing lands belonging to the Hospital to the east of 
Leith Walk, for which £337, 5s. 2d. were paid from its funds. The expenditure 
on the plans had reference to the Hospital's own ground, and the payment was 
made by the different parties whose lands were embraced by the plans, in pro- 
portion to the extent of building ground belonging to each. A farther payment 
of £224, 5s. 2^d. was afterwards made, for which no direct warrant is found 
in the Hospital minutes; but these shew that there was appointed, on 30th 
December 1820, a Committee in regard to the plans for building on the ground 
on the Calton Hill, and between it and Leith, and the accounts shew expendi- 
ture also in the way of contribution to a common system of sewerage. 

The granting of the bond not being in terms of the minutes of the Hospital 
as to the contribution, it was thought that the terms of the original bond granted 
by it might have thrown light upon the transaction, and the defenders were 
asked to produce it, but their agent stated that it had been searched for, and 
could not be found. 

Comparison of the dates mentioned above shews that the contribution was 
agreed to before Parliamentary authority was asked to carry out the Calton 
Bridge and Road scheme. Yet there was nothing said in the preamble of the 
Act as to advantage to be derived by the Hospital, and not only was no 
statutory authority given to the Governors of the Hospital to contribute, as 
was given to various Road Trusts, — and it is unfortunate, — but there is in the 
Act an obligation on the Lord Provost, Magistrates, and Council to contribute 
£12,000, which, to the extent of £4000, seems to have been satisfied by the 



194 



APPENDICES. 



Eiphth branch of 
Interlocutor. 

Calton Hill Road. 

Presbytery of Dun- 
dee II. Magistrates 
of Dundee, Feb. 29, 
1863, 1 Macph. 473. 



Council Records, 
vol. clxix. p. 64. 
19th July 1815. 



Charity of which they were Governors, perfectly openly, in terms of the agree- 
ment as described by the Lord Provost ten years before, and settled by wiping 
out debts due by the town to the Charity. 

The circumstances are not of the same marked character as those which 
occurred in the case of the Magistrates of Dundee, either as to the Barrack Park, 
or as to the New Cemetery, as to which last the Magistrates, as representing the 
community, sold land to themselves as representing the Hospital, paying the 
price by writing off debts due by the town to the Hospital, and then proceeded 
to farther expenditure of the Hospital property in laying it out as a cemetery, 
which turned out an unsuccessful speculation. 

Considering that the Hospital lands lay between Leith Walk and the Easter 
Road, they could not be said not to be accessible. It was no doubt in the honest, 
and it may even have been in a reasonable, though in a speculative belief, that 
the value of the property would be more rapidly developed by the Calton Bridge 
and Road, that this large expenditure was made. It was, however, a specu- 
lative expenditure of Hospital money on ground not belonging to the Hospital. 
There may be room even to distinguish between the making of some annual con- 
tributions to a great public object, which might have led to the increase in value 
of the Hospital estate, and the sinking of so large a sum as £4000, in the 
circumstances in which they did sink it.* 



Purchases of Rights of Presentation. 

Three rights were purchased — Mrs Campbell or Wightman's in 1797 for 
£150, Penman's for £150, and Thomson Paul's for £200. Whether the ex- 
penditure on the re-purchase of rights of presentation was within the powers 
of trustees, seems to the Reporter not free from question. It so happens that 
only a portion of what had been originally received was repaid ; but, if it be 
admitted that the Governors were entitled to deal in this manner with the 
patrons, there would be nothing to prevent their paying to the patrons more 
than they had originally received, and such rights have been sold for more than 
was originally paid for them, at least this was so in the ease of Young's morti- 
fication. If the transactions were legal, there is nothing to prevent them pro- 

This matter has been already adverted to in Vol. I., pages 183-5. — J. C. 



reporter's suggestions. 195 

ceeding to buy up the rights of patronage which still subsist. No good can be Eighth branch of 

said to have been attained for the Charity from these purchases, as it was 

always the duty and within the power of the Governors to see that presentees Purchases of Rights 

„ ,, .,,.., , of Presentation. 

tell withm its general scope. 

If the purchases should be held illegal, it was as representing the com- 
munity that the Provost and Council were made Governors of the Charity, and 
must not the money be refunded out of the common good ? No corrupt motive 
can be suggested, nor any special good to the Corporation, unless perhaps the 
power of always presenting from the " burgess class," and so practically ex- 
cluding " presentations at large." 

If the Court come to the conclusion that there was error, it will probably 
be held to have been an innocent mistake, and there is room for holding the 
error less in the two earlier cases than in that of Mr Thomson Paul, which 
occurred after all the beneficiaries were made mere pensioners. 

The point is one on which the Governors should receive direction from the 
Court for their future guidance. 

The Beidmen's Rents. 

Another matter in which the Town Council or its funds are indirectly 
interested is the question discussed — Whether the Magistrates were bound to 
have appropriated to the Hospital the whole rents set apart for the beidmen 
under the original foundation of Trinity College and Hospital ? 

The fact that in the recently instituted proceedings in the Teind Court, the 
common agent has found reason to suppose that there are unvalued lands in the 
parish, suggests the possibility of very important questions arising. 

The Reporter has seen the various augmentation processes. The whole 
lands of the parish have, from an early date, belonged to one proprietor, and in 
all previous augmentations the existence of free teind having been admitted, 
there has never been any locality. 

It may turn out that the Magistrates and Council are entitled to the teinds 
of these lands, as embraced in the original grant, but omitted in the valua- 
tion; or, 

If it should turn out that the unvalued lands were not embraced in the 



196 



APPENDICES. 



Eighth branch of 
Interlocutor. 

Beidmen'a Rents. 



original grant, it may be that there is room for so localling the stipend now, 
that those tcinds which belonged to the Hospital shall only be liable pari passu 
with the teinds of the unvalued lands, or not all (being devoted to college and 
charitable uses) till the other free teinds in the parish are exhausted. 

In either \aew, there may be room for a state of over and under payments. 

The Reporter not having seen the titles nor the documents connected with 
previous transactions between the City and the Wemyss family, or in regard to 
the sale of the patronage of the parish, is not in a position to give any opinion 
on these points. They may render the question whether the beidmen have 
an exclusive right to the rectorial teinds a very material one. The Hospital 
certainly has no exclusive right to the vicarage teinds which belonged to the 
Provostry of Trinity College. It would be quite unnecessary to delay the 
report till these matters are settled ; but they are evidently worthy of close 
examination on the part of the agent of the Governors of the Hospital. 



Feuing of Hospital Land. 



Quarryholes and Dean. 



Council Records, 
vol. cccxii. p. 76. 
21st April 1874. 



lb. 



Although the building speculations in connection with the Calton Hill 
Road and Bridge scheme proved an utter failure, the ground to which they 
applied seems likely now to be capable of being feued off advantageously. Its 
intersection by the Leith and Granton branch of the North British Railway 
gives a probability of high value for works of various sorts, and buildings of a 
character quite different from that originally contemplated. 

The Magistrates have ordered plans to be prepared by Mr Robert Morham, 
architect, in terms of a report by the Hospital Committee, who recommended 
that the lands of Quarryholes be laid out for public works, and such dwelling- 
houses, etc., as may be applied for. 

The Town Council are also in course of taking steps for having the lands 
of Dean Park and Blinkbonny laid out for feuing. 

From these sources there is every reason to suppose that the revenues of 
the Hospital may be considerably increased before long. 



REPORTERS SUGGESTIONS. 197 

Sales op Patronages. "^ttwor;' 

There is another possible source of revenue which, when first instituted, 1731. 

yielded some money, — namely, allowing parties, (1) on a single payment of 
£100, to make for once a presentation ; or (2) to purchase a permanent right of 
patronage. 

(1.) To continue this system, unless the presentees fall strictly within the 
scope of the Charity, would be out of the question ; but if the presentee did fall 
within its scope, to continue it would be merely a development of a feature of 
many modern schemes of public benevolence, — encouraging the friends of those 
who apply for special assistance to shew their own sense of the importance and 
justice of the claim by contributing themselves. 

To grant an annuity even of £20 for a payment of £100 to a person of 
fifty, or any one even of a much more advanced age, would be so extremely 
advantageous an investment, that it is difficult to suppose that, if it were 
known that an annuity could be obtained upon such terms, there are not cases 
where the friends of persons in difficulty would make the payment. The fund 
would, in the meantime, be partially relieved of the cost of supporting deserv- 
ing beneficiaries, and the capital would gradually be added to. 

The presentees would need to be connected with Edinburgh, in decayed 
circumstances, of good reputation, and otherwise fall within the scheme of 
selection, and be under the surveillance of the Governors. 

(2.) The sale of permanent rights of patronage seems open to more objec- 
tion, if made for less than would yield a return equal to the pension sold. It 
cannot have the effect of interesting the friends of any individual, because for 
less than the purchase price an annuity could easily be purchased, and it 
sanctions a permanent interference with the direction of the Governors. A 
rule that they will accept legacies, on the footing of the testator fixing suc- 
cessors of patrons, who from time to time may nominate a presentee or 
presentees to enjoy annuities equal to the interest which the capital 
bequeathed, with accumulations arising on vacancies, yields from time to time 
in the hands of the trustees, would seem unobjectionable, and meet such cases 
as those of Reoch and Menzies already referred to. 

While the attention of the Court has been called to these points, they have 
vol. il 2 c 



198 APPENDICES. 



Eightii branch of not been embraced in the scheme. If they are to be so, the prices of presenta- 

luterlocutor, . . , , i . i ■ i i 

tions would need to be reconsidered. 

* 

Records of Hospital Trust. 

With regard to the manner of keeping the Records of the Hospital, tliere 
can be no doubt that there is great inconvenience in having the Hospital 
transactions buried in the general record of Council affairs. It greatly in- 
creases the labour and difficulty of any such investigation as that which has 
just been completed, in spite of the readiness of the members of the staff in the 
City Chambers to aid in the examination of the records, and to communicate 
any information they possessed. 

The Reporter would be wanting in what is due to Mr Adam, the City 
Chamberlain, if he did not acknowledge the great obligation he lies under to 
him. His intimate acquaintance with the history of all the affairs of the City, 
including those of the Hospital, and with the early accounts connected with tlie 
Church property acquired by the town at the Reformation, and his willingness 
to aid in the investigation of many points, have been of most material use. 

A fluctuating body of trustees like the Town Council must, under the 
present system, have the greatest difficulty in informing themselves as to the 
past history of any matter that comes before them, and must be in an unusually 
degree dependent on the person who attends their meetings as clerk. It may 
be that with the aid of indices all facts can be discovered, but having several 
years' transactions relating to a trust in one volume, would enable both the 
clerk and the trustees to inform themselves much more completely than when 
the record of any transaction is scattered here and there through many 
volumes. 

The reasons given in the Clerk's Report of 7th August 1854 for abandon- 
ing the separate record, seem really to resolve into an admission of a certain 
degree of carelessness. Considering the charge for management which is here- 
after to be made against the Charity, there seems no reason why it should not 
be made the ^Ji'MJiari/, instead of the secondary, duty of some member of the 
staff to attend to the recording of the Hospital transactions ; and it cannot be 
supposed that the City Clerk would be so neglectful of his duty as to fail to 



reporter's suggestions. 199 

get the minutes approved of. It seems superfluous that they should be read Eighth branch of 

more than once, as it is understood that the ordinary minutes of Council are. 

It is natural, or probably necessary, that in regard to such a trust much of hospital Records, 
the business should be transacted by a committee which reports to the general 
body of trustees. The minutes of that committee are kept with extreme brevity ; 
and it not unfrequently happens that their reports are written on papers apart, 
and read to the Council, and only their purport stated in the ultimate deliver- 
ance of the trustees. Although these reports are said to be preserved, they are 
comparatively difiicult of access ; and it is thought that they should either 
be recorded ad longuni in the body of minutes, or that arrangements be 
made for binding them either with the minutes of the committee or those of 
the trustees. 

Alexander Mortification. 

As to the Alexander fuiud, the questions which arise have been pointed out Supra, pp. 129-146. 
above ; they relate both to the amount of that trust estate and to the right of 
patronage. 

The other questions requiring to be disposed of have reference to the 
guidance of the Magistrates in the future management of the Charity likely to 
affect the Court in framing the scheme. These questions are — 

Whether, when there has been a short expenditure of income, the patrons 
are entitled to increase the number of beneficiaries, with a view to consuming 
the accumulation, or whether they are entitled only to spend from year to 
year the income derived from such accumulation ? 

Whether, by arrangement with the patron, and in consideration of a sum 
of money added to the Charity, terms of an original bequest can be altered ? 

If it was lawful for the patron of a burgess presentee, by payment of £100, 
to get his ancestor's mortification altered to a presentation at large, it would be 
equally open to his successor to get it again limited in respect of another 
donation ? 



200 



APPENDICES. 



Eighth branch of 
Interlocutor, 



Whether it is lawful for a patron, of consent of the Governors, to divide 
the pension between two persons, and to present two jointly, giving the survivor 
a right to the whole ? 

Whether one person can be presented to two separate pensions; — such 
a case is not likely to arise, unless the Court authorise the splitting of pensions ? 

Whether the purchase, by the Incorporation of Cordiners, of their right of 
patronage was valid, as the right was not granted in favour of assignees, 
or, assuming that it is, Is the control of the Governors of the Hospital over 
the presentations of the Incorporation of Cordiners ousted by the fact of their 
rules and regulations, embracing their mode of exercising this right of patron- 
age, having been approved of by the Court ? 

The Reporter regrets having been obliged to lay some matters at so great 
length before the Court. His difficulties might have been cleared up or removed 
if he had got the same assistance from the Governors on legal questions which 
he received in regard to the scheme. 



Ninth branch of 
Interlocutor. 

Scheme suggested. 



Ninth Branch of the Interlocutor. 

IX. " What Scheme the Reporter would recommend to the Court as expedient 
and proper to be adopted for such future application and administra- 
tion, having reference to the terms of the Charters, Grants, and Morti- 
fications in favour of the Charity, and the judgments of this Court 
and the House of Lords in the present and relative proceedings." 

Under this branch of the remit, the first duty of the Reporter was to 
ascertain and keep in view the classes of persons intended by the two leading 
charters to be benefited by the Charity, and the method of treatment con- 
templated by them. 

Care must be taken in framing any scheme to make due provision for the 
special foundations which have been enumerated above, and are here briefly 
repeated. 



reporter's proposed scheme of management. 201 



The Classes of Persons referred to in the regulating Charters seem Ninth branch of 

, J 7 Interlocutor. 

to Imve been — 

Suggestions as to 

Honestfe senes et impotentes personse a quibus in earum senectute per Sf*®°i2 
eventum et adversam fortunam res et bona deciderunt. 

Honestse indigentes et impotentes personse senes et etate provectae egrotse. Nov. 12, 1567. 

Incolse et inhabitantes infra burgnm. 

And the benefits of the Charity were to be bestowed — etiam aliis senibus 
indigentibus et impotentibus. 

Pauperes et egroti. Nov. 12, 1567. 

Indigentes morboque laborantes .... pauperes et morbis laborantes. May 26, 1587. 

Pauperes, imbecilles, impotentes. May 26, 1587. 

Method of Relief. 
Under both Charters residence in Hospital was contemplated. Nov. 12, 1567. 

The beneficiaries were to be persons "qui idonei fuerint inventi ad 
acceptandum talia beneficia et gratitudinem in dicto Hospitali fundando." 

They were " recipiendi " into the Hospital. The Magistrates were bound 
" pauperes infra Hospitale sustentare." 

The object of the Charity is said to be, lest those for whom it was intended May 26, 1587. 
"propter extremam famem penuriam et indigentiam sue necessarie sustenta- 
tionis omnino perirent et morirentur;" but there is nothing said of the scale of Nov. 12, 1567. 
support that was to be given, except that it was to be " rationabilis sustentatio." 

The Magistrates were bound " sustentare tot ut convenienter sustentari 
possunt," by a certain fund. 

As regards those beneficiaries who were in the old Hospital at the date May 26, 1587. 
of its transference to the Magistrates, they were described as " pauperes," 
" beidmen," " bedlyaris," Hospitalarii. 

There have been quoted from the old statutes instances where the breach 



202 



APPENDICES. 



Ninth branch of 
Interlocutor. 

Suggestions as to 
Scheme. 

Bannatyne Club, p. 
203. 



of regulations involved a pecuniary penalty, and there are examples of the 
exercise of discipline for faults not embraced by the statutes where the like 
penalties were inflicted. 

The inference to be deduced would seem to be that the position of the old 
beneficiaries of the original Hospital was that of persons maintained in tolerable 
comfort. 

Certain conditions seem to have been common to the beneficiaries under 
private foundations, and those appointed by the Governors. They were all to 
be maintained in the Hospital, and there were no varieties of scales of mainten- 
ance, unless perhaps in the case of those on the Alexander fund, who were 
to have certain allowances in addition to those received by others. 

They must be aged, and this expression has practically been interpreted 
as meaning " upwards of fifty years of age." 

In decayed circumstances, and of good character. 

They must have resided in Edinburgh. As the contemplated relief was 
to be administered in the Hospital, residence in Edinburgh from the date of 
election must have been required as a condition of enjoyment of the benefits 
of the Charity. 

Notwithstanding that it was a condition of the mortifications, applicable to 
twenty or thirty beneficiaries, that they should reside in the Hospital, that 
condition has been annulled by a judgment of your Lordships affirmed in the 
House of Lords, that the Hospital is not to be rebuilt. 



App. p. 296. 



Conditions imposed by the Governors of the Hospital. 

1. That the beneficiary, unless under a special mortification, shall be a 
burgess, burgess's wife, or burgess's bairn. 

2. That the beneficiary shall be unmarried or widowed. 

3. That a beneficiary receiving the benefit of the " Inmate Roll " must 
grant a dispositio omnium bonorum. 



1. Apart from any question as to the legality of the restriction of the 



Vide Opinion of Lord 
Justice Clerk in 

Presbytery of Dundee benefits of the Charity to the burgess class — and in the very similar case of 

r.Magistrates (Hope), 
20 Dun. p. 883. 



reporter's proposed scheme of management. 203 



Dundee a strong opinion adverse to its legality was expressed — there seems Ninth branch of 

no sufficient reason why the preference should be maintained. The regulations 

shew that any man or woman is eligible as a burgess who has carried on |"f f^^* '°°^ ^^ *° 
business on his or her own account for one year, or who has been a house- 
holder for three years of uninterrupted occupancy, and has paid the police 
and poor rates chargeable against him. It costs £5, 5s. for a stranger, one 
unconnected by blood or marriage with the burgess-ship, to acquire the privilege. 
Once acquired, the benefits of the Hospital are open to them and to their 
families. A privilege so easily acquired, affords slight indication of the class 
to which the applicants belong. The Governors have remonstrated against 
the proposal to recommend to the Court to remove the restriction which ex- 
cludes from the benefit of the Charity all who do not belong to the burgess 
class. "The applicants," they say, "are so numerous at present, that if the 
restriction as to their being burgesses were taken away, it would almost be 
impossible for the Governors to overtake, investigate, and decide upon the 
claims of the parties applying ; " therefore they would only have power given 
to the Governors to open the Charity, if at any time there should not be a 
sufficient number of applicants from the burgess class whose claims are strong 
enough to entitle them to admission to the Hospital. The objection to doing 
away with the restriction may be sound, if the burgess class has any legal ex- 
clusive claim upon the Charity, or if there were any motive of public policy 
for enlarging that class, but those to whom the administration of patronage 
of any kind is entrusted, can scarcely be heard to say that they have too many 
applicants from among whom to select. The preference given to the burgess vidc Petition of 
class becomes a motive for entering that class, and its members often look to ^pp™p_ 3^05. 
the benefits of the Charity as theirs as matter of right, and so every one applies 
who imagines the slightest claim can be asserted. It is not impossible that 
opening the Charity may not enlarge the absolute number of applicants so 
much as the number of really clamant cases requiring relief. 

If the number of applications should be largely increased, there is no 
reason to doubt the will or power of the Governors to discharge conscientiously 
the duty of selection. There are many charities open to the whole country, 
where it is believed the claims lodged are far more numerous in proportion to 
the vacancies than those lodged here, and no difficulty is found in disposing of 



/ 



204 



APPENDICES. 



Ninth branch of 
Interlocutor. 

Suggestions as to 
Scheme. 



them. An official — whose primary duty was to attend to the affairs of the 
Charity, his secondary to be useful in other matters — could, by a thorough 
mastery of the subject, lighten the labour of the trustees; and it would be easy 
to point out various alterations in the present arrangements which would 
simplify the business of the committee, and enable members desirous of 
becoming specially acquainted with its affairs to do so with much less trouble 
than at present. 

2. The reason for the condition that beneficiaries shall be unmarried or 
widowed, was manifest while Hospital residence was the rule of the Charity. 
There was no accommodation in the Hospital for families, and the intrusion 
of friends from without, and the desire of inmates to go out to their families, 
might be and were equally inconvenient and dangerous to proper discipline. 
These reasons ceased to operate when the Hospital was removed ; and a man 
in decayed circumstances seems not the less an object of charity for having 
dependent upon him a wife, and one possibly quite incapable of ministering 
to his comfort or support. The prohibition, therefore, against having a living 
spouse at the date of election, appears to the Reporter to be one which should 
no longer be maintained. On the other hand, forfeiture of the privileges of 
the Charity should a beneficiary marry seems unobjectionable. 

3. The practice of the Governors of Trinity Hospital has subsisted for 
more than two hundred years, of calling upon every one admitted an inmate 
of the Hospital to grant a dispositio omnium bonorum. The disposition, in 
its present form, includes acqtdrenda, and appoints the Treasurer the bene- 
ficiary's sole executor, under an obligation to account after the Hospital has 
been reimbursed, and the practice has been continued as regards those who are 
now placed on what is somewhat absurdly still called the Inmate Roll, namely, 
the recipients of the higher pension of £20 a-year ; but the disposition is not 
exacted of those who are on what is called the Outdoor Roll, recipients of £10 
per annum, nor, it is understood, of beneficiaries presented by private patrons. 

It may thus be that the recipients of the smaller pension are really better 
off than those of the larger, and cases have occurred of beneficiaries promoted to 
the higher scale asking to be replaced on the lower rather than sign the dis- 
position. It is easy to imagine a case where it might, to one who was un- 
doubtedly a proper recipient of charitable aid, seem a matter of the very utmost 



REPORTERS PROPOSED SCHEME OF MANAGEMENT. 205 

consequence to try and preserve for the benefit of other relatives some trifling Ninth branch of 

pittance. The Governors have considered that it is their duty always to act 

upon the disposition on the death of any inmate. They passed a general resolu- |"hfme'°"'' "^ '° 

tion not to exact such a disposition in the case of presentees by private patrons, 

although in some of their Acts of Council conferring such rights, it is expressly 

stated to be a condition of the right that such dispositions should be granted. 

The resolution to exempt does not seem to have been uniformly acted on, 

and there seems no reason why this class of presentees should be dealt with 

differently from others. 

No doubt this rule is to some extent sanctioned by the practice of Parochial 
Boards exacting from recipients of relief, as a test of pauperism, an obligation 
to refund the value of all the expenditure that may have been made on them. 
But the test of such pauperism as should entitle to relief as a matter of right 
from public assessment, seems inapplicable to the case of relief from a bene- 
volent fund. It affords a rough and ready check to enable public officials to 
prevent misapplication of rates ; but it seems in the matter of the administration 
of a charity to form an inadequate substitute for the careful investigation 
which might be looked for from the patrons. Moreover, although this rule 
certainly diminishes the extent to which the Charity may be abused in any one 
case, the multiplication of small pensions, to which it does not apply, increases 
the number of instances in which abuses may occur. How imperfect and un- 
equal an apportionment of the Charity it effects may be easily seen, for it is 
manifestly less objectionable to give £20 a-year from the Charity to one who 
has £10 a-year from capital without demanding a disposition, than to give £10 
a-year to one who has £20 a-year from capital without making a similar 
demand. 

On the assumption that there are to be for the future, as there have been 
for a century past, different scales of payment, in order that the Charity may 
be adapted to the different circumstances of diff'erent classes of beneficiaries, it 
would seem to afford a more satisfactory security against its misapplication, 
that the Governors should require applicants to lodge statements, certified by 
two householders, setting forth the exact state of their property and circum- 
stances, and that the Governors should regulate the amount to be awarded to 
them according to their discretion. The appointments are not made at present 
VOL. II. 2 D 



206 



APPENDICES. 



Ninth branch of 
Interlocutor. 

Suggestions as to 
Scheme. 



without such inquiry ; but a schedule subjoined to the Report is suggested as 
likely to ensure somewhat more detailed information. 

Recommkndations as to future Application and Administration 

OF THE Charity. 



Selection of Beneficiaries. 

1. They must be not under fifty years of age, except in the case specified 
below. 

2. They must be of good reputation when appointed, and maintain their 
character. 

The frequent cases of discipline, even among the beneficiaries who lived 
under the restraints of Hospital life, suggest the necessity of careful surveillance. 

3. They must be in decayed circumstances. 

Probably sufficient prominence has hardly been given to the fact that the 
charity was not intended merely as a provision for old age, and that having seen 
better days was intended to be a qualification, — but the decay must not have 
been induced by the applicant's own improvidence or misconduct. 

Both the leading charters mentioned as regulating this matter speak of 
" egroti " and " morbo laborantes," and there is evidence both that it was the 
habit of the ancient Hospital to have " bedrells " among their number, and that 
amongst the earliest object of the Charity selected by the Magistrates were 
likewise " bedrells." 

The class most likely to combine the qualities of " egroti " and " bedrell " are 
those who are labouring under the various forms of incurable disease. These 
have of late excited much interest, but the various societies formed for their 
relief have served rather to shew the extent of misery that exists than to 
effect its relief. Should the plan at present much discussed publicly, of 
establishing an hospital for incui'ables, be carried out, the Governors may, 
perhaps, have it in their power to board out any of the beneficiaries whose 
circumstances render hospital treatment suitable for them. 



keporter's proposed scheme of management. 207 

4. (a.) It seems to the Repoiier, that to a specific extent — say one-eighth Ninth branch of 
of the whole beneficiaries — shall be persons labouring under incurable disease. 

(b.) There shall be no limit in point of age in the case of persons who, g"fe^^g'°°^ "^ '° 
by supervening incurable disease, are prevented from labouring as they have 
formerly done for their own livelihood. 

(c.) It shall be in the power of the Governors to select a larger number of 
incurables, if they think fit, from among applicants possessing the ordinaiy 
qualifications as to age, etc. 

The Reporter at first suggested the selection of twice as many as an 
imperative rule. The Governors objected, and it is thought with reason. 
There is evidence that in early times the occasionally sick were cared for, as 
there is provision for their removal on cure and the admission of others. This 
class is now otherwise provided for, but there is no general provision for those 
permanently disabled. It is not meant to be implied, from this suggestion, 
that these have been excluded in times past. The information received from 
the medical officer shews that a considerable number of those at present 
receiving the highest scale of pension do belong to the class of incurables. 

Indigent gentlemen, and gentlewomen advanced in years who have seen 
better days, also clearly fall within the categories described in the early 
charters, — so manifestly, indeed, that it seems unnecessary to make any 
provision regarding them. 

While it is recommended that the burgess qualification be abolished, under rirfc Opinion of 
which one year's residence in Edinburgh might have sufficed, it may be proper, ,^°pr^b^\'gr ^'f * 
in order to o-ive a certain preference to incolce et inJuxbitantes, and to give some Dundee v. Magis- 

^ , , trates (Hope), 20 

recognition of burgess-ship, that it should be necessary that — Dun. p. 883. 

5. Applicants must have at some time resided in Edinburgh or Leith for 
two years, and for that period have supported themselves by their own 
industry, or at least without aid from any charity, or be widows or children of 
burgesses. 

The Governors object to a suggestion thrown out in the draft scheme 
which was communicated to them, that residence in Edinburgh ought to be 
required after election, as contemplated by the foundation, and as a condition. 



208 



APPENDICES. 



Ninth branch of 
Interlocutor. 



Scheme. 

Hospit-il Records, 
20th Feb. 1739. 



in the first place, almost essential to securing a preference to incola; et 
inluibitantes, for whom the charters shew a preference, although the Charity 
is not restricted to them ; and, in the second, liardly less so to keeping satis- 
factory surveillance over the beneficiaries. The Governors can no longer 
exercise the superintendence which residence in the Hospital secured. 

The Reporter recognises the fact, that there are cases where the allowance 
of residence out of Edinburgh might be more advantageous for the beneficiaries, 
but he thinks that it should only be permitted as an exception, and that there 
might be some such rule as the following, — 



7. The beneficiaries must reside in Edinburgh or Leith, unless where they 
have relations with whom they can reside, and where, for this or other special 
cause which shall be recorded, leave is granted by the Governors, on suitable 
provision for receiving periodical reports as to the condition of the beneficiary. 



Hospital Recorde, 
20th Feb. 1739. 



There is a want of due superintendence, even of those resident in 
Edinburgh. From time to time out-pensioners have been struck off" the roll, 
because" believed to be dead," — in 1813 as many as six were so dealt with — and 
the condition of matters was felt to be so unsatisfactory that again and again 
Committees of Governors have been appointed for the personal supervision of 
the beneficiaries. They, however, proved quite inefiicient ; there is no trace of 
any visitations having taken j^lace. That machinery, moreover, had it proved 
active, would have failed to take cognisance of beneficiaries residing, as some 
now do, at considerable distances from Edinburgh. 

Of the beneficiaries entitled to receive payments in June 1874, seventeen 
on the out-door, and seven on the inmate roll, were paid by money orders. Of 
those residing in Edinburgh, twenty-eight did not appear to receive their 
pensions personally. There is no ofiicial whose duty it is to be personally 
informed as to the condition of these parties. This is eminently unsatisfactory. 

The medical ofiicer is the only person who is brought into necessary 
contact with any of the beneficiaries. He used to be attached to the Hospital, 
and it was an easy matter to give the necessary attendance. Since the 
Hospital was removed, he has given attendance to those on the inmate roll, and 
was able to give the Reporter an account of the condition of each one of them ; 



reporter's proposed scheme of management. 209 

but to the scattered mass of the out-pensioners he gives no attendance but Ninth branch of 

Interlocutor. 

when called upon, which, he stated, that he very rarely was. 

It is thought that it would be a valuable addition to the efficient working scheme."""^ ^ 
of the Charity were arrangements made for every beneficiary being visited 
periodically by a lady visitor, and reports given in upon their condition and 
circumstances to quarterly meetings of the Governors. 

The Governors approve of the proposal of frequent visiting the bene- 
ficiaries, but think that the medical officer should be the sole visitor. 

It appears to the Reporter that the duty is one which could not advan- 
tageously be thrown upon a medical man, who would be too busy to give the 
time which would be required for friendly visitation of nearly two hundred 
beneficiaries. If the idea should be carried out of enlarging the higher 
pensions and increasing their number, and so opening the Charity to people of 
a higher class who have been unfortunate, the kind of inspection which would 
be at once useful and acceptable, would be that of a lady who would appreciate 
their position, and one who could also speak kindly and at the same time with 
authority to all classes of beneficiaries, if any trace was discovered of the 
benefits of the Charity being misapplied either by the beneficiaries themselves 
or by those with whom they lived. It would be the duty of the visitor to give 
notice to the medical officer in cases of sickness. 

If the Court should concur in the views indicated, it might be provided, — 

7. There shall be a medical officer on the stafi" of the Charity, whose duty 
shall be to attend the beneficiaries in case of sickness, and report to the 
Governors, subject to such i-egulations as may be fixed from time to time. His 
salary shall be £105. 

8. There shall also be a lady visitor on the stafi" of the Charity, whose duty 
shall be to visit all the beneficiaries resident in Edinburgh and Leith, and 
report to the Governors upon them, subject to such regulations as may from 
time to time be fixed. Her salary shall be £63. 

Extent to which Relief should be afforded. 

Though the danger originally contemplated was, that the people might 
perish from want, the relief was to be rationahilis sustentatio, and in a 



210 



APPENDICES. 



Ninth branch of 
Interlocutor. 

Suggestions as to 
Scheme. 



Council Records, 
10th April 1700. 



comfortable dwelling, and the scale of support was fair for the time ; further, 
the special case of danger of perishing from want is now separately dealt with 
by Parliament in the Poor Law Amendment Act. It appears from some of the 
mortifications in the end of the sixteenth century, that £20 or £26 Scots was 
sufficient to support "ane auld puir." The accounts of 1611 shew that each 
beidman cost on an average upwards of £45 Scots. The Alexander deed of 
mortification shews that it had risen to £120 Scots, or £10 sterling, by the end 
of the seventeenth century. The Minutes of 1838 state the cost at £37, and 
the accounts shew the average expenditure per head for the last twenty years 
of the Hospital was £32, 13s., inclusive of the Hospital staff, but exclusive of 
the general cost of administering the Hospital funds. 

The lowest scale of pension at present in use — £10 — though a great 
advance on the £6 given to the out-pensioners a few years ago, is so low as to 
savour of relieving the poor rates, — the cost to the parishes of paupers, both in 
the City Parish poorhouse and in that of St Cuthbert's, amounting to as large a 
sum per head. It has not been an unfrequent occurrence for the recipients to 
apply for parochial relief. In such circumstances the Governors have latterly 
refused to make any payment towards their maintenance, either as ordinary or 
as lunatic paupers. Still £10, paid to any who has any other even trifling 
resources, may enable the recipient to live on a scale very diflferent, as regards 
actual food, from the inmate of the workhouse ; and even if he have no 
resource of his own, may place the recipient in a position far more personally 
agreeable and more socially useful, by avoiding the breaking up of families 
which follow from going into a poorhouse. It is recommended that no £10 
pension should be allotted to any one who has not some other means of 
subsistence, and without the Governors being satisfied that the pensioner will 
be more comfortable out of a poorhouse. In the whole circumstances the 
Reporter would recommend, — 



9. In future, instead of the two scales of £20 and £10 per annum now in 
use, there shall be four scales, £25, £20, £15, £10, it being in the power of the 
Governors to put those elected on whatever scale they think tit, on considera- 
tion of the ascertained circumstances of the applicant and the state of the 
pension-roll. 



reporter's proposed scheme of management. 211 

10. The applicant shall in no case receive more than will make his or Ninth branch of 

her income, taking all allowances into account, amount to £50, unless in the 

case of beneficiaries having others dependent on them, in which case the |"Sg'^»*i°'"' ^ '" 
Governors may extend the limit to £60, never, however, granting a pension of 

more than £25. 

It would be part of the duty of the visitor, whom it is proposed to appoint, 
to report on the circumstances of each beneficiary, and the Governors would no 
doubt make careful inquiry on any suggestion of a change of circumstances 
which ought to affect the recipient's scale of pension. 

This recommendation, if approved of, will give rise to the question, Which 
scale should be applicable to the private foundations ? The view entertained 
on this point may be expressed as follows : — 

11. Presentees by private patrons shall be entitled to receive a pension on 
the highest scale, subject to the general rule as to maximum income. 

Having regard to the former cost of maintaining inmates, and to the 
very greatly increased cost of living, the Reporter felt much disposed to 
recommend a higher allowance than £25 for the maximum rate; but after 
making inquiry as to the rules of many societies both in this country and in 
England, he finds £25 a-year so often adopted as the maximum pension aimed 
at for those who have seen better days, and so seldom attained, that he does 
not feel warranted, in the present state of the funds of the Charity, and until 
there has been farther experience, in recommending the adoption of a higher 
figure. Fixing £25 as the maximum in the meantime, will enable the total 
number of beneficiaries to be increased, and it would have been a pity not to 
have attained this object to some extent, when there is so considerable an 
increase of free revenue available for the purposes of the Charity. On the 
other hand, it would be undesirable too suddenly to change the character of a 
system which has subsisted so long. A considerable disturbance will be 
created, at any rate, if the suggestion is adopted as to the relaxation of the 
rule limiting the beneficiaries to the burgess class. It has, however, to be borne 
in mind that ten of the highest pensions are reserved for the burgess class by 
the terms of the foundations, and that all are open to them. 



212 



APPENDICES. 



Ninth branch of 
Interlocutor. 

Suggestions as to 
Scheme. 



The Governors, though originally disposed to distribute the increased 
income between new pensions of £20 and £10, have readily adopted the 
suggestion of having enlarged pensions, but would drop the smaller pensions 
altogether. The expediency or otherwise of having many scales depends 
solely upon whether the Governors find that practically they have the power 
to make the necessary investigations into the circumstances of each case. 
Farther experience will let it be seen whether they can do this. The Reporter 
does not think it would be expedient in the meantime, and indiscriminately, 
to raise all the £10 pensioners to £15. He would suggest that the first duty 
of the Governors, with the aid of their staff, should be to select about half of 
the £10 pensioners for advancement to the £15 scale. Even the higher scale 
might be appropriate to some. 

The number of pensions (limited expressly to £10) on the Lennie fund 
will ultimately increase to about thirty, none of whom may be burgesses ; and 
even if the experience of the Governors should strengthen their general view 
against the £10 scale, it might be expedient to retain thirty on that scale, which 
would remain open to burgesses. 

It will be seen that a steady — possibly an immediate — farther increase of 
income is anticipated, and it might be expedient to enact that — 

12. The scheme of distribution of the pensions of difierent scales shall be 
as indicated in the subjoined table, but it shall be in the discretion of the 
Governors to apply any increase of revenue, either to raising £10 pensions to 
£15 till only thirty remain at £10, or to raising the number of £25 pensions in 
their own absolute gift to forty in number. 

13. It shall not be a disqualification that an applicant for the benefit of 
the Charity has a living spouse, but any pensioner who marries shall forfeit 
his rights. 

14. No pensions shall be paid to or in respect of parties in receipt of 
parochial relief, or confined in lunatic asylums. 

15. The benefits of the Charity shall be forfeited by misconduct, of which 
the Governors shall be the sole judges. 



reporter's proposed scheme of management. 213 

In addition to providingr for the pensioners while alive, it has been seen Ninth branch of 
, , , . , , . , Pi, Interlocutor. 

above that care was taken to ensure decent burial ; and m the case oi the 

Alexander fund the mortifier made special mention of it. There can be little Scheme.'""** '^^ *° 
doubt that in this matter there has been a correct appreciation of a very strong 
feeling on the part of the poor, and more especially of those who have seen 
better days; and it is recommended that a small allowance be made to the 
friends of deceased pensioners towards meeting the expense of their funerals. 
The Governors, though not as a rule making any allowance for this purpose, 
have, down to the most recent date, favourably entertained application for 
assistance. It being quite impossible for the Governors to apportion the pay- 
ments to be made to the circumstances of each case, it is proposed that — 

16. In every case a sum of £5 should be allowed for funeral expenses. 

As vacancies are only filled up twice a-year, it is thought that there will 
probably be enough of vacant pensions to meet this charge, therefore it is not 
specified in the annexed table. 

17. Private rights of patronage can only be exercised twelve months 
after the death of the last presentee. 

This rule will not apply to the Alexander fund, even if it should be held 
that the Ministers of Edinburgh are joint-patrons with the Town Council. 

18. Vacancies on private rights of patronage shall be intimated to the 
patrons, and vacancies on the Alexander foundation shall be advertised, so soon 
as they are brought to the notice of the trustees. 

19. There shall be preserved in volumes, containing no record of the pro- 
ceedings of the Town Council as representing the community, a separate record 
of the whole proceedings of the Lord Provost, Magistrates, and Council, as 
Governors of Trinity College Hospital, or of any Committee or Committees 
of their number, to whom matters connected with the administration of the 
Charity or its property are remitted. 

VOL. II. 2k 



214 



APPENDICES. 



Ninth branch of 
Interlocutor. 

Suggesliona as to 
Scheme. 



Supra, p. 181. 



20. It shall be in the power of the Governors, as trustees of the Wemyss 
bequest, when its income falls in, to fix a uniform amount of pension, or dis- 
tribute it according to any of the scales subsisting at the time. 

This scheme has been framed on the basis of the present free income as 
estimated by the Accountant, including what is received from Paul's Work. 
It is thus, as regards the sum to be dealt with, quite independent of all the 
special questions raised on points of administration. 

The results have been stated at such considerable length in the body of 
the Report, that it has not seemed necessary to print the voluminous tables 
prepared by the Accountant in the course of his examination of the accounts. 



Humbly reported by 



Norman Macpherson. 



I5th July 1874. 



Proposed Scheme of Distribution of the Free Income 
OF THE Charity. 

Unlimited Presentations on £25 scale. 



MORTIFIER. 

William Brown, of Dalgourie, 
Lady Grizell Sempill, . 
Rev. W. Brown, 
Mrs Melvill, . 
James Hunter, . 

Mrs Campbell, . 

Rodger Hog, . 



Patron. 

Lady Susan Brown Bourke, . 1"\ 
Earl of Rosebery, . . .1 

The Minister of Old Greyfriars, . 1 
Mr Whyte Melville of Beudochie, 1 
Lord Forbes, . . .1 

J- The Incorporation of Skinners 
\ and Furriers, . . 1 

Mr Hog of Newliston, . . 1 



Carry forward, 



REPORTERS PROPOSED SCHEME OF MANAGEMENT. 



215 



Brought forward, 

Presentations limited to Burgess Class on £25 scale. 

[It is a question whether or not this limitation applies to 
Hog's Mortification.] 



MORTIFIER. 

John Young, . 

Mrs Beech, 

George Watson, 

John Wightman, 

Mrs Campbell, 

Robert Murray, 

Andrew Gairdner, 

James Wilkie, 

James Penman, 

Mrs Campbell or Wightman 



Patron. 

. Incorporation of Cordiners, . 1 

' r The Merchant Company, . . 2 

"[■ The Incorporation of Skinners, . 2 

. Mr Andrew Grierson, W.S., . 1 

. Mr G. W. Gairdner, London, . 1 

. The Ministers of Edinburgh, . 1 

" >• The Magistrates and Council, . 2J 



'-lO 



Presentations limited to Certain Names or Founder's Kin 
on £25 scale. 

Four of the above, — Young, Watson, Wilkie, and Beech. 



Thomas Crokat, 

Mrs Callender, 
Thomas Fraser, 
James Alexander, 



Minister and Kirk-Session of Wester or 
New Greyfriars, .... 

Incorporation of Skinners, 

Lord Provost, Dean of Guild, and Treasurer, . 

Claimed by Magistrates and Council, and 
by Ministers in conjunction with them. 
The Founder designed twelve bene- 
ficiaries, of which eight to be males ; if 
no accounting ordered, say, 

Total on £25 scale, . 

Carry forward. 



y 5 



27 £675 



27 £675 



216 



APPENDICES. 



Brought forward, 

UnliTnited Presentations by Magistrates and Council. 

Of which seven may be found to be limited to the Alexander 

Mortification on £25 scale, 
On £20 scale, .... 
On £15 scale, .... 
On £10 scale, .... 

Total beneficiaries, 
For Salary of Medical Officer, 
Do. Lady Inspector, 



27 £675 



13 


325 


40 


800 


60 


900 


60 


600 


. 200 £3,300 




105 




63 


£3,468 



Form in which Application for the Benefit of the Hospital may 

BE MADE. 

Street, 
Edinhii/rgh, 18 

Gentlemen, — I beg to apply for the benefits of Trinity College Hospital. 
The Particulars of my claim are set forth in the annexed Schedule, and the 
Documents in support of the Application axe herewith lodged. 

I am, your most obedient Servant, 



To the Governors of 
Trinity College Hospital, Edinburgh. 

Scliedule. 

1. Name and Designation of the Applicant, with his or her present or 
former occupation. 

2. Date and Place of Birth of the Applicant. 

Note. — This must, if possible, be proved by a Certificate by the Registrar, or, if that 
cannot be obtained, such evidence as will satisfy the Governors. 



reporter's proposed scheme of management. 217 

a _ 

3. Present Residence of the Applicant, and his or her Residence during the 
five preceding years ; and if a Householder, for how long. 

Note. — Persons are elected to the benefits of the Foundation in the month of , 

and the Pension or Annuity w'H commence to run and be payable 
The Persons eligible for election to the benefits of the Foundation are old Men and 
Women aged Fifty and upwards, who have resided in Edinburgh or Leith for at 
least two years, or are of Burgess families. 

The unsuccessful Applicants will have their Petitions returned on applying to the 
Treasurer immediately after the Meeting of the Governors. The Petitions 

not called for before the end of will be considered as withdraivn, and not 

again reported to the Governors. 

(a) If the Applicant is Married, state the Name, Age, and condition of the 
Spouse. 

(6) If a Widower or Widow, give date of death of Spouse. 

5. (a) In the case of a Female Applicant, state the name, profession, and 
place of residence of her Father, his circumstances in her youth, and the date of 
his death. 

(h) If the Applicant is a Widow, the profession and place of residence of 
her Husband, and his circumstances, must be stated. 

6. (a) The Children of the Applicant, if any, with their names, ages, 
designations, and occupations. 

(b) State whether any children are receiving aid from any charitable 
institution. 

7. How is the Applicant presently supported, or what are his or her sources 
of income ? State the amount. 

Note. — Should it be found on inquiry that any information respecting means of support, 
whether regular or casual, has been falsely stated or withheld, the Applicant will 
be excluded from benefit ; or, if such be not discovered until after admission, the 
person will be liable to be removed from the Pension List. 

8. The Christian congregation with which the Applicant is in connection, 
and how long he or she has been so. 

Note.— This is to be certified by the Minister ; or, if the Charge be vacant, by two Seat- 
holders. 



218 APPENDICES. 



9. State generally the present condition of health, mental and bodily. 

10. State who are the nearest relatives of the Applicant, and what aid they 

afford. 

11. State any circumstance strengthening the Applicant's claim. 

12. State whether the Applicant is a Burgess of Edinburgh, or the widow or 
child of a Burgess, and produce the Burgess Ticket. 



Declaration of the Applicant. 

I hereby declare that in the above Answers I have given a true statement 
of my whole circumstances ; and if the Governors are pleased to elect me, I 
promise to conform to the Rules, made or to be made by them, regarding 
Pensioners. 

[Applicant signs here.] 

Certificate to he signed by two Householders. 

We believe that the Answers given to the printed Questions on the preced- 
ing page are all true ; and we hereby certify from personal knowledge, after 
careful inquiry, that the Applicant is destitute, and a proper object of the 
Charity, and is a sober, honest, and well-behaved person. 

[Signatures of Householders, who will please add 
their Addresses and Designations after their 
Signatures.] 

Medical Certificate. 

The Application must be accompanied by a Medical Certificate if the 
Applicant claims specially as an Incurable. 



APPENDIX TO PROFESSOR MACPHERSON'S REPORT. 



The Terms and Conditions of any Grants or Mortifications which have from Third branch of 
time to time been made by private individuals in favour of the Charity, — 

or of the Trustees of this Charity. 

The first account of the Hospital which has been preserved, dated 1611, TermB^of^Mortifica- 
shewed the possession of funds amounting to £22,571, 15s. 4d. Scots. The 
sources from whence the fund was derived have not been completely traced ; 
but so far as discovered in the Council Records, they are given here, although 
only occasionally the terms and conditions of the grants have been recorded. 
In two or three cases these have been found in the Commissary Records. 
During the early period, all mortifications amounting to 200 merks have been 
given. After the accounts were kept in sterling money, they have not been 
given, unless they amounted to £100 sterling. 



Tkeasurer to the Kirk. 

" The same day comperit Dauid Kinlock, baxter, thesaurer to the kirk of ^^^'''^l^ ?'_''^'^^' 
this burgh, and Robert Bog, ane of the elderis thairof, and declairit that dyvers 20th May 1580. 
nychtboures of this burgh of guid zele and charitabill mynd had left to the 
puir and new hospitall of the said burgh, for thair support and sustentatioun, 
dyvers sowmes of money extending to the sowme of fyve hundreth merkis, 500 merks. 
quhilk the said Dauid had instantlie in his handis." . . . The council " ordanit 
Andro Steuensoun, thesaurer, to resaue the saidis sowmes, and imploy the sam, 
with the rest of the town's money being in his handis on Witsounday evin, for 
redemptioun fra James Ros of the annuelrent annaleit to him furth of the 
saidis mylnes, conforme to the four seuerall reuersiouns grantit thairvpoun, 
and fyndes infeftment to be gevin to the said puir and hospitall of ane annuel- 
rent efferand to awcht merk of ilk hundreth of the said sowme, and ordanis the 
dekynis of craftis to be wairnit to gif thair consent thairto." 

219 



220 



APPENDICES. 



Terms of Mortifica- 
tions. 



Council Records, 
vol. vi. p. 319. 
14th June 1581. 



Council Records, 
vol. .\i. p. 113. 



Thomas M'Calzeoun's Mortification. 

" The same day appoyntis Henry Nesbet, James Nieoll, Jhone Harwod, to 
pas to Ewi'ame M'Calzeoun and remanent executouris of Mr Thomas M'Calzeoun, 
and to desyre of thame the euidents concerning the annuellis di.sponit be the 
said Mr Thomas to the hospitale, that the said annuells may be knawin, 
vpliftit, and imployit to the vse of the puir." 

It appears from Minutes, dated 31st December 1603, that this bequest 
yielded two annuals of forty shillings, each of which was of this date reduced 
to thirty shillings, " in respect of ye burning notourlie knawin." 



Commissary Records, 
20th Feb. 1582-3. 

300 merks. 



£200 (Scots). 



Clement Litill's Mortification. 

Testament of " ane richt venerabill man Maister Clement Litill, advocat, 
sumtyme ane of the Commissars of Edinburgh," who died on 1st April 
1580 : given up by William Litill, merchant, burgess of Edinburgh, his 
brother-german. 

Inter alia, — " Item I leive Thrie hundreth merkis of my pairt to be warit 
on land or annuell and the pure folkis of the new hospitall of this town and 
pures of Edinburgh to be infeft in the said land annuell or proffitt thairof 
simpliciter heretablie." 



Council Records, 
vol. viii. p. 61. 
9th Dec. 1586. 



£1000 Scots. 



The Ministers, Eldares, and Dikens of the Kirk. 

" Ordanet ane thowsand merk to be resauet fra the ministers, eldares, and 
dikens of the kirk, to be ane pairt of the foure thowsand pund grantet to the 
king's grace, and for the said sowme of ane thowsand merk with vther v'" merks 
resavet of before and imployet for redemptioun of vmquhill Jonet Mariori- 
banki's annuall ; ordauis infeftment to be gevin to the hospitall of ane liundreth 
pund annuell furth of the mylnis vpoun reuersioun of ane thowsand pund, 
conforme to the contract to be maid heirvpoun." 



Council Records, 
vol. X. p. 237. 
1st June 1589. 

2000 merks. 



Session of the Kirk. 

" The quhilk day Robert Hereis, thesaurer, confest and grantet that he 
ressauet fra Patrik Eleis, in name of the sessioun of the kirk, ye sowme of twa 
thowsand merks money, quhilk he delyuerit to Mr James Nieoll and Alexander 
Vans for redemptioun of ye twa hunder merks annuell quhilk thai had vpoun 
ye commoun guid, and yairvpoun ye said Patrik askit instruments." 



JIORTIFICATIONS TO HOSPITAL. 



221 



Thomas Speir's Mortification. 



Terms of Mortifica- 
tions. 



" The samyn day, after consideratioun had of the contract and appoyntment 
maid betuix Thomas Speir, merchant, burges of Edinburgh, on the ane pairt ; councU^Records, 
Alexander Hunter, present thesaurer of the Kirk of Edinburgh, Jhoun vol. ix. p. 218. 
Aichinsoun and George Barclay, present maisteris of the Hospitall yairof, for 
yame and yair successouris, thesauraris of the kirk and maisteris of the Hospitall 
foresaids, in name and behalf, and for the vtilitie and proffeith of the said kirk 
and puire within the said Hospitall, on the other part, anent the debur.sing and 
payment maid be the said Thomas to the saidis thesaurer of the kirk and 
maisters of the Hospitall foresaid, of the sowme of twa hundreth punds money £200 (Soots), 
to be imployed vpoun ane zeirlie annualrent of twenty punds money for susten- 
tatioun of ane awld puir in the said Hospitall, for the quhilk caus it is agreit 
be the said contract that the said Thomas sail be releivit, exonerit, and 
dischairget of his zeirlie contributioun of nynetein punds foure schillings 
grantet be him for sustentatioun of the puir of this guid toun for his part, 
according to the commoun ordour now vset thairintill for the said Thomas awin 
tyme allanerlie, but preiudice alwayes of the contributioun to be gevin to the 
puir be his airis and successoures as the said contract beiris. Hes gevin, and 
be this present act, gevis yair expres consent and assent to the foresaid contract 
and haill contents thairof, swa far as yair consent is requisit yairto, in all 
poynts quhilk is of the dait ye day of September instant : And lyke- 

wayes, for thame and thair successoures, be thir presents, exoneris, quyteclames, 
and dischairges the said Thomas Speir of his pairt of the monethlie contribution 
willinglie offerit and grantet be him to the intertenement and sustentatioun 
of the pure within the guid toun for all the dayes of the said Thomas' lyfetyme 
allanerlie, and hes cawset deleitt his name furth of the rollis of the said con- 
tributioun, swa that he himself sail nocht be burdenit yairwith in tyme coming 
with this prouisioun in this dischairge : Lykeas it is expresslie provydet be 
the said contract that after the said Thomas' deceis, his aires and successouris 
sail nocht be exemit be vertw of this discharge nor contract foresaid fra the 
payment of thair ordinare contributioun to the pure of the guid toun as otheris 
of yair qualiteis sail be burdenit with pro rata in all tyme hereafter." 



RicHERT Doby's Mortification. 

" Ef ter dew consideratioun had of the contract and appoyntment maid betuix 
Richert Doby, last thesaurer of this burgh, on the ane pairt, and Alexander 
Hunter, presently thesaurer of the kirk of the said burgh, Jhonn Aichinsoun 
and George Barclay, present maisteris of the hospitall thairof, in name and 
behalf and for the utilitie and proffeitt of the said kirk and puir within the 
said hospitall, on the other pairt, anent the debursing and payments maid be 
vol. II. 2 F 



30th Nov. 1693. 
Council Records, 
vol. ix. p. 232. 



222 



APPENDICES. 



Terms of Mortifica- 
tions. 

260 merks. 



the said Rychert to the saidis thesaurer of the kirk and maisteris of the 
Hospitall foresaid of the sowme of threttein scoir merks money to be imployet 
vpoun ane yeirlie annueh-ent of twenty-sex merks money for sustentatioun of 
ane awld puir in the said hospitall, for the quhilk caus it is agreit be the said 
contract that the said Rychert sail be relevit, exonerit, and dischairgeit of his 
yeirlie contributioun of sextein punds sextein shillings grantit be him for 
sustentatioun of ane awld puir within this burgh." 



Council Records, 
vol. X. p. 188. 
2d June 1598. 

12,000 merk-s. 

Town Treasurer's 
Accts., 1596-1612, 
p. 173. 



Ye Ministers, Eldares, and Deykins of ye Kirk, and Maisters 

OF YE Hospitall. 

" The sam day the contract betuix ye toun and ye ministers, eldares, and 
deykins of ye kirk and maisters of ye Hospitall anent ye xij"' merk of ye kirk's 
money, tayne vpoun ye commoun guid, beand red and considderit, thay stuid 
content yairwith, and ordanet ye prouest and baillies clerk and thesaurer to 
subcryve ye samyn in ye toun's name, and ye thesaurer to be charget with the 
ressaitt and imployment of the said sowme." 



Commissary Records, 
4th Feb. 1604. 



500 merks. 



Cornelius Inglis's Mortification. 

Testament of " Cornelius Inglis, merchant, burgess of Edinburgh," who died 
on 22d February 1603.^ 
Inter alia, — " Item to the pure of the Hospitall of Edinburgh the soume of 
fyve hundreth merkis to be imployit vpoun landis or annuel rentis, my aires 
haifing the presentatioun of ane pure." 



Council Records, 
vol. xi. p. 172. 
12th April 1605. 

100 merks. 



Robert Jollie's Mortification. 

" The sam day comperit Robert Jollie, merchant, and maid and constitute 
the maisters of ye toun's hospitall, in ye name of ye pure yairof, his cessioners 
and assignayes in and to ye sowme of ane hunder merks awand to him be ye 
gude toun, as borrowet mony at ye King's ma'"'" passing to Ingland, conform to 
ye Act maid yairvpoun ye day of ." 



Council Records, 
vol. xi. p. 173. 
3d May 1605. 
1000 merks. 



James Inglis's Mortification. 

" Mair ressauet be Patrik Cochraine, put. the'-, in name of ye toun, ane 
thousand merks fra James and William Nicolsouns, in name of ye exe™" of 
vmqlle James Inglis, togidder w'' ye sowme of fyve hunder merks in name of 



MORTIFICATIONS TO HOSPITAL. 



223 



ye exe'"" of vmqlle Cornelius Inglis, left be ye defunct to ye said hospitall." Terms of Mortifica- 
(See above, page 222.) ^^^ 

It appears from the Minute of 3d May 1605 that Hector Rea, the town Council Records, 
treasurer, " resauit in name of ye toun the soume of ane thousand merks money ^°^- ="• P- ^''^• 
fra Roger Maknacht and Robert Bannatyne, Maisters of ye Hospitall and in I'^^o merks. 
name yairof, qlk wes imployat agane be ye said the''' vpoun ye redemption of 
ane thousand merks, qlk Ro'- Dalgleische had vpoun ye comoun gude, and ye 
Hospitall is putt in his plaice yairof." 

Of date 8th November 1605, " The sam day the said Baillies and Counsall Council Records, 
grantis yame to half resauet fra Frances Kynlo'' in name of ye Hospitall of ^°^- "'• P' ^^''• 
yis bur"-, the sum of twa thousand punds money of yis realme, be delyuerance £2000 Scots. 
y'of Pat. K. Cochrane, laitt the"", and imployed be him for redemptioun of ane 
pt. of ye annuell re'- of iij°- 1 mk., qlk George Fowliss, goldsmy'-, had vpoun ye 
comoun gude vpoun reversioun of thre thousand and fyve hunder mks., and 
y'fore oblist yame at y'" successone to pay to ye said Hospitall ye sowme of 
twa hunder punds zierlie anuell, y'fore ay eq"' ye lawfull redemptioun y'of be 
paym'' of ye said principall sowme conform to ye extract to be maid y'vpoun." 

The sources whence these two sums are derived do not appear. 



28th May 1606. 



" M. Jhoun Layng, Keper of his Maiestei's Signett, producet and delyuerit. Council Records, 
to ye said baillies and counsall, ye sowme of Twa hunder punds money, awand ^°'- 'i'-.P- ^''^■ 
to yame be ye said M. Jhoun for ye alienatioun and dispositioun maid to him 
of ane sumtyme waist land now bigget be ye said M. Jhoun, lyand on ye west 
syde of Sanct Mary Wynd, within the said burgh." The price was ordered " to 
be employed on land or annual-rent, ten ye hunder to ye use of ye ministry 
and Hospitall of ye said burgh " ; the profit to be paid to the Collector of Kirk 
Livings to the use foresaid. 

This sum has not been traced as having been employed for behoof of the 
Hospital. 



JOHNE RoBERTSOUN'S MORTIFICATION. 



" Item, thair is yet awand to the poore of the hospitall left be umquhile Hosp Accounts, 
Johne Robertsoun, elder to thame, 8th May 1608, to be payit be his executors ^ i ■ ■ 
James Amott, Robert Dowgall, merchant, and Gilbert Robertson, wryther, 
£266, 13s. 6d." ^266, I3s. 6d. 

There is an entry in the Hospital accounts, " There was addebted by the Hosp. Accounts, 
heiris of Johne Robertsoune still due to the poore of the hospital of £161, ' by 1613-14. 
and attour' the sum £105 received." 



224 



APPENDICES. 



Terms of Mortifica- 
tions, 

Hosp. Accounts, 
1611-12. 



Sir Johne Scharp of Houstoun's Mortification. 

" Item, thair is yet awand left be umquhile Sir Johne Scharp of Houstoun, 
the 14th of Juin 1608, to the poore of the hospitall, the sowme of £433, 6s. 8d." 



22d June 1610. 
Council Records, 
vol. xii. p. 37. 



300 marks. 



Hosp. Accounts, 
1611-12. 



Mrs Alesoun Wilsoun or Lyndesay's Mortification. 

" Fynds expedient to accept the offer made to the toun be Alesoun Wilsoun, 
relict of Alexander Llyndesay, to witt yt sche sail delyuer to the toun, or mak 
over sufficient securitie of the sowme of thre thowsand merk, pertening to 
hirself and the toun to pay hir anuell thairfore induring hir lyfetyme, at twelf 
of the hunder, and after hir deceis, the sam to be imployet be ye toun as 
followis to witt, twa thousand markis thereof to the sustentation of twa bursars 
in ye Towns College, thre hunder marks to the sustentatioun of the puir in 
the Hospitall. . . ." 



Mrs Inglis's Mortification. 

" Mair for the legacie of umq*"'"' Eleze'" Tod, relict of umq*" 
quhilk she left to the Hospitall, £333, 6s. 8d." 



James Inglis 



Hosp. Accounts, 
1611-12 and 161718. 



500 merks. 



Johne Howeson's Mortification. 

" Item, an annual-rent of fyftie merkis yeirlie dotit to the hospitale be Mr 
Johne Howeson, minister at Cambuslang, and is in the gude towne's hands, 
with the wryttis thairof, and is laid on the common mylnis of this burche, 
under reversioun of fyve hundreth merkis, nochtwithstanding be reason of the 
lyferent of the said Mr Johne Howeson and his wyfe we have ressavit nothing." 



Hosp. Accounts, 
1611-12 and 1635-36. 

£200 Scots. 



Robert Smith's Mortification. 

In 1635-6 £200 was "received in extinction of arrears amounting to 
£337, 6s. 8d., of an annual-rent of 22 merks, dottit by umquhile Rob'- Smith, 
elder, to the Hospital, furth of the lands lyand in M'Duffs Close, in Leyth." 

There was a payment to account entered in 1611 ; and no payment was 
made from that date to account, 1635-6. 



Hosp. Accounts, 
1612-13. 

£400 Scots. 



James Donaldson's Mortification. 

" Left in legacy be umquhile James Donaldson to the said hospitall the 
soum of £400." 



vol. xii. p. 124. 



MORTIFICATIONS TO HOSPITAL. 225 



^ ~ , nr Term* of Mortifica- 

Charles Scherarks Mortification. tiona. 

"The quhilk day .... beand convenit in counsell: Forswamekill as 30th July 1613. 
Charlis Scherare, Scottisman, and now indwellard in Dort in Holand hes Council Records, 
instantlie at the making heirof, gevin payet and delyuerit vnto thame the 
sowme of ane thowsand marks, vsuall money of this realme, to the effect and 
for the caussis vnderspecifyet quhairof thai hold thame weill content satisfeyet 
and payet and exoneris and discharges the said Charlis, and all others quhom 
it effeyris, of the sam for euir ; and forther, they be thir presents byndis and 
oblissis thame and thair successouris in thair said offices, to dewlie and 
sufficiently be chairtour and precept of sesing, with sesing followand thair- 
vpoun to infeft the said Charlis in lyferent indaring all the dayes of his 
lyfetyme, and after his deceis, to cum to Issobell Scherare, his sister, induring 
all the dayes of hir lyfetyme, and after hir deceis, to cum to Jhonn Scherare, 
cousing germane to him, induring all the dayes of his lyfetyme, in all and haill 
ane annuelrent of ane hunder merk money, foresaid to be vplifted yeirlie, and 
termelie at twa termes in the yeir, Witsounday and Mairtymes, in wynter be 
equall portiones furth of all and haill thair commoun mylnes of the said burgh 
lyand vpoun the Water of Leyth, begynnand the first termes payment at 
Witsounday last ; to be haldin of thame and thair successouris in frie blaynche 
for payment of ane penny vpoun the grund of the said mylnis gif be asket 
alanerlie, with sufficient clause of warrandice, to be contenit in the said in- 
feftments as effeyris; and to mak the said Charlis and his said sister and 
brother, sour, gude, and thankfull payment of the aid annuelrent in maner 
foresaid, als weill thay nocht beand infeft as infeft in the samyn ; and after 
thair deceissis, the said prouest, baillies, and deykinis of crafts, byndis and 
oblissis thame and thair foresaidis to tak, imploy, and bestow the said pryncipall 
sowme of ane thowsand merkis, the ane half thairof to weill help and sustenta- 
tioun of the maister and regents of thair college of lettres, situat within the 
said burgh, and the other half to the sustentatioun of the puir of thair Hospitall, 500 merka. 
situat in the Trinity College of the said burgh, and na otherwayes to imploy 
and bestow the samyn in all tyme cuming, bot to the vse foresaid ; and thai 
ordanet Jhonn Jaksoun, merchant, thesaurer to thair present kirk counsell to 
resaue the said pryncipall sowme, and pay the annuell thairof in maner fore- 
said, swa lang as he reteynis the said sowme and chairget thairwith." 

This legacy was in the hands of the Council at the date of the purchase Council Records, 
of Dean, and was invested in that purchase. Slat July 1717 

Alexander Moresoun's Mortification. 

"Item, ressavit from Mr Alexander Moresoun, 4th of January 1615, f^l\^'"'°'"^^ 
quhilk was left in legacie be his father to the puir, the soume of £200." ^goo Soots 



226 



APPENDICES. 



Termi of Mortifica- 
tions. 

Hosp. Accounts, 
1615-16. 

£200 Scots. 



Hosp. Accounts, 
1615-16. 

£666, 133. 4d. 
(Soots). 



Hosp. Accounts, 
1618-19. 

£1000 Scots. 



Gilbert Promrois' Mortification. 



" Item, ressauit . 
£200." 



25 May 1616, for Gilbert Promrois' legacie. 



Jhone Nassiyth's Mortification. 

" Item, ressavit 27 day of July . . . for the legacye of Jhone Nasmjrth, 
£666, 13s. 4d." 

Kirk Treasurer. 

" Item, the compters chairges themselves with the soume of ane thousands 
pund payit to thame be Andrew Simpsoun, kirk the'', at Whif' 1619, conform 
to the Act of the Sessioun of the Kirk made thairanent to be employit to the 
use of the hospitall." 



Archibald Johnston's Mortification. 

Conunissary Records, TESTAMENT of Archibald Johnston, merchant, burgess of Edinburgh, who died 
28th April 1619. on 5th March 1619. 

Inter alia, — " Item to the puir of the Hospitall in Edin'", for their mainten- 
500 merks. ance and support I leive the sowme of fyve hundreth merkis, item, other fyve 

hundreth merkis to the honest puir within Edinburgh, to be payit and dis- 
tributit be my spous with aduyse of ony of the ministeris of Edin'" " 
Council Records, This was delivered to the masters of the Hospitall. 

27th May 1619. 



Commissary Records, 

18th August 1620. 

Will dated 23d 
March 1619. 

200 merks. 

27th May 1619. 
300 merks. 



William Rig's Mortification. 

Testament of "William Rig, elder, merchant, burgess of Edin'-," who died 
July 1619. 

Inter alia, — " Item I leve to the vse of the Hospitall to be gevin to the 
maister thairof the sowme of twa hundreth merkis. Item I leve to the puir 
within the toune to be gevin in to the Session of the Kirk ane hundreth 
merkis. ... Item eikis to the formar legacie of the Hospitall thrie hundreth 
merkis, and to the legacie left to the puir twa hundrethe merkis." 



Patrik Eleis's Mortification. 

Commissary Records, TESTAMENT of Patrik Eleis, elder, merchant, burgess of Edinburgh. 

12th Dec. 1620. Inter alia, — " Item he leivis to the Hospitall of the burghe the sowme of 



MORTIFICATIONS TO HOSPITAL. 227 

i"y ve hundreth merkis, the rent thairof to be payit to sick personis as salbe Terms of Mortifica- 
presentit be his airis. Item he ordanis the sowme of twa hundreth pundis to "°"^- 

be payit and distribute to the wedowis aiged personis and orphantis within the 
burghe of Edinburgh be Patrik and James Eleiss his sones and Johne Smyth 
his guidsone at thair discretiounes." 

"The quhilk day .... the Counsale being convenit: Forsuamekle as 1 4th Feb. 1 621. 
vmq'"' Patrik Eleis, elder, merchand, burges, and sumetyme thesaurer of this ^°,"°.'i'' f i?y 
burgh, in his lyftyme dottit and mortifiet to the vse of the poore of the 
Hospitall the soume of seven hundreth merkis vsuall money of this realme, 700 merks. 
with this prouision, that he and his aires micht haue the richt and libertie of See Hospital 
presentatioun of sic ane puire in the said Hospitall in all tyme heirafter, to •^<=<=»™'^> 1611-12. 
quhome the guid toun is subject, and quha salbe fund meitt and qualifiet to be 
placeit therin, as at lenth is contenit in the Act of Sessioun maid theranent, 
of the daitt the 16 of August 1610 : And siclyik the said vmq'" Patrik, be his 
Ire will and testement, left in legacie to the puire of the Hospitall the soume of 
vther fyve hundreth merkis vpoun this provesioun, that his aires micht haif 500 merks. 
the richt and libertie of presentation of sic ane puir in the said hospitall in all 
tyme heirafter, to quhome the guid toun is subject; Q"'' soume Patrik and 
James Eleis, his sonnes, and Johne Smith, his sonne-in-law, for fufilling of his 
legacie theranent, hes presentlie delyuerit to James Speir and Eduard Ker, 
present m"'- of the Hospitall, q''of the saids m"'" grants the ressaitt, and dis- 
chairges theme of the same : Thairfore the saids provest, baillies, and counsall 
grants vnto the aires of the said vmq'°' Patrick the richt and libertie of pre- 
sentation of tua sick puire in the said Hospitall to quhome the guid toun is 
subject, and quha salbe fund meitt and qualifiet to be plaicit therin to be inter- 
tayniet in the said Hospitall in all tyme coming, conforme to the ordour 
obseruit therintill, and ordaine the saids m'"' of the Hospitall to be chairgit 
therwith in their comptes." 

James Ainslie's Mortification. 

Testament of James Ainslie, merchant, burgess of Edinburgh. Commisssary Records, 

Inter alia, — " Mair to the pure of the Hospitall v"' merkis." ^ "^^ 

Miss Issobell Brown or Massoun's Mortification, 

" The quhilk day Alexander Clerk, Provest (&"•). • • • ■ being convenit in 29th Oct. 1623. 
Counsall, compeirit Issobell Broun, relict of vmq'°- Johne Massoun, merchand, ^^"^^j ^''2'24 ^' 
burges of this burgh, and delyverit to Alexander Speir, thesaurer, in name 
of the guid town, all and haill the soume of fyve hundreth merkis guid and 500 merks. 
vsuall money of this realme of Scotland, to be employit be the said thesaurer 
and his successouris vpoun annualrent, according to ten for ilk hundreth, and 



228 



APPENDICES. 



Terms of Mortifica- 
tions. 



the same to be payit to the said Issobell during all the dayes of her lyftyme, 
and thairefter tua hundreth merkis of the said soume to be payit to the 
maisteris of the Hospitall, in name of the said hospitall, and vse of the puire of 

the same And also ordains the said Alexander Speir, and his successor] s 

in his said oiBce, to mak pay'' ; . . . . and after hir deceis, to mak pay'' of the 
said soume of tua hundreth merkis, of the said fyve hundreth merkis to the 
maisteris of the Hospitall for the tyme, in name of the said hospitall." 



Commissary Records, 
11th Feb. 1625. 

500 merka. 



22d May 1635. 
Council Records, 
vol. xiv. {. 339. 



Hew Wight's Mortification. 

Testament of He-w Wicht, merchant, burgess of Edinburgh. 

Inter alia, — " To the Hospittill of Edinburgh v°' merkis for helping of sume 
puire to be presentit be the said David M'Call" (son-in-law and executor of the 
said Hew). " To the pure of Edin" j" "" " 

" Lyckas the said Dauid compeirand for him, his aires, exe'^', and assig^'", 
renunced and farder richt to the presenting of any poore in the said Hospitall 
heirefter." 

Rachell Arnot's Mortification. 



Hosp. Accounts, 

1625-26. 

500 merks. 



" The compters chargist themselves with the soume of fyve hundreth 
merkis moir ressavit be thame from Mr Joseph Fergusson for umquhile Rachell 
Amot, his mother, left be hir to the poor of the Hospitall." 



Patrick Bannatyne's Mortification. 



Hosp. Accounts, 
1625-26. 

£200 Scots. 



" In primis, the compters chairgis thameselvis with the soume of twa 
hundreth pund from .... pro umquhile Mr Patrick Bannatyne, his father, 
vpon the thretteine day of December, left be him to the pure of the Hospitall." 



Kirk Treasurer. 



Hosp. Accounts, 
1627-28. 

£2166 Scots. 



"Item, the soume of twa thousand four hundred threiscorre six pund, 
ressavit be thaim from Alexander Monteath, kirk the"^', upon the 24th day 
Apryill 1628, for the use of the said Hospitall." 



Patrick Tweedie's Mortification. 

Commissary Records, TESTAMENT of Patrick Twcedie, merchant, burgess of Edinburgh. 
1st April 1628. j^^^^ a/Iia,—" Imprimis to the puir of Pebillis ij"'""' to be imployit vpoun 

feildland by thrie of my narrest freindis that fears God and the annuell theroff 



MORTIFICATIONS TO HOSPITAL. 



229 



Terms of Mortifica- 
tions. 



to be gevin yeirlie vnto them by the saidis freindis, and this nocht to be done 
partiallie. Item to the puir of Edinburgh to be imployit and distributed in the 
same verie forme as the tother abone-written leve vnto them also ij°* ""• Item 
to the puir of Leithe to be imployit and distributed in the same verie forme I 
leive iij^" vj'"'- xiij"' iiij""" Item to the ministeris of Edinburgh to be imployit £200 Scots. 
'• ■ - iipovj-- ••- 



and distributed in the same verie forme abone-written I leive vj"' uj-" vj'"' xiij 
iiij"' the yeirlie annuell rent thairof to be gevin to the saids ministeris for euir.' 



23d Jan. 1635. 
Council Records, 
vol. xiv. f. 325. 



" Compeired Chairles Hammiltoun, merchand, and Thomas Quhyt, maisters 
of the Hospitall, and grantit theme to haue ressauit frome Gilbert Williamesoun, 
merchand, and Maister Johne Galloway, writter, executors confermit to vmq'°' 
Patrik Tuedie, merchand, burgess of this burgh, the soume of tua hundreth 
pundis Scottis money, left in legacie be him to the poore of this burgh, to be £200 Scots. 
employed vpone land to the said vse. Quhairfore the proveist, baillies, and 
counsall exoneris," &c. 



JOHNNE JoWSSIE'S MORTIFICATION. 

" The same day forsuameikle as the saides maisteris of the Hospitall hes 
also ressavit from William Dick, in name of Maister Robert Johnnestoun, exe'* 
to vmq"" John Jossie in Londoun, the soume of ane thousand merkes, left in 
legacie be the said vmq'°* Johnne to the said hospitall; thairfore ordains 
theme to be chairgit therwith in thair comptes." 



28th Jan. 1629. 
Coimcil Records, 
vol. xiv. f. 122. 

1000 merks. 



Johnne Rae's Mortification. 



" The quhilk day the proveist, baillies, deyne of gild, thesaurer, counsall, 26th May 1630 
and deacones of craftes, being conveynit in counsall, compeired Eduard ^'°"'"^'' Record 



vol. 



Forquhare, merchand, and in name of Arthour Rae, ane of the exe"'" of vmq'"' 

Mr Johnne Rae, late maister of the grammar scoole of this burgh, and produced 

the soume of fy ve hundreth merkis left in legacie be the said vmq"" Mr Johnne 500 merks, 

to the poore of the Hospitall of this burgh." 



Records, 
xiv. f. 165. 



Johnne Byeres's Mortification. 

"The same day compeared Thomas Charteres, ane of the baillies of this 1 8th Jan. 1632. 
burgh, and in name of Agnes Smith, relict and executrix confermit to vmq'°" Council Records, 
Johnne Byeres, and gaive in the soume of ane hundreth pundis vsuall money 
of this realme, left in legacie be the said vmq'°' Johnne for the vse of the 
hospitall ather to buy land, or for releiff of sua meikle of the debt lyand upone 
them for the land acquyred to the said vse, which soume was instantlie 
delyverit to Johnne Kinblo and James Guthrie, present maisters of the 
VOL. II. 2 G 



£100 Scots. 



230 



APPENDICES. 



Terms cif Mortifica- 
tions. 



Hospital! ; and thairfore the saids proveist, baillies, and counsall dischairges 
the said Agnes Smith of the said legaeie, and considdering that the said 
hospital! is addebted in certane soumes for tlie landis acquyrit to thair vse ; 
thairfore they ordayne the saids maisteris to imploy tlie said soume in pairt of 
releiti' of the said debt, and the said maisters to be chairgit in thair comptes, 
with the ressaitt of the said soume, and to be discharged thairwith as imployed 
in maner abone writtin." 



Register of Deeds, 

vol. 449. 

17th Feb. 1632. 



4000 merks. 

1000 merks. 
£2000 Scots. 



Hosp. Accounts, 
1631-2; 1641-2-3. 



2d March 1632. 
Council Records, 
vol. xiv. p. 224. 

1000 merks. 



James Dalgleische's Mortification. 

By Assignation, dated 6th, and registered in the 

James Dalgleisclie, mercliant, burgess 
of Edinburgh, in which, " out of the zeal! " which he bears " to God's glorie and 
to the Weill and support of Chrystis puir indigent memberis remayning within 
the Hospitall of the said burgh, situat and foundit at the fate of Leythe Wynd, 
presentlie being," he assigned " to the prouest, bailleis, and counsell " of the said 
burgh of Edinburgh, " a bond by John Fleming, of Carwoode, and others, in 
favour of the said James Dalgleische, for 4000 merks (Scots), with the interest 
and penalties therein mentioned, of date 13th June 1626 ; and a bond by the 
said John Fleming and others to the granter for 1000 merks, with interest, &c., 
dated 8d February 1627 ; " and by another assignation recorded on the same day, 
two other bonds in his favour by Lawrence Sinclair, of Hous, for £1000 (Scots) 
each. 

It appears from the Minutes of Council that there was litigation as to 
Fleming's estate, and the sums eventually realised by the masters of the Hospital 
from this mortification were paid as follows, viz. : — 



1632. . . . 

1642. To account of his legacy of 5000 merks, 

1643. Composition in discharge of legacy, 



William Kellie's Mortification. 



£1200 

800 

1167 10 

£3167 10 



" Ressauit frome the relict of vmq"" Mr Williame Kellie the soume of ane 
thousand merkis, left in legaeie be the said Mr Williame Kellie to the vse of the 
poore of the Hospitall of this burgh, founded at the foote of Leith Wynd." 



James Winraham's Mortification. 

Commissary Records, TESTAMENT of James Winraham of Libberton, in the shire of Edinburgh. 

Inter alia, — " Item I leiv to the Hospitall of Edinburgh v'" merks. To the 
puir of Libbertoun iii"' merkis." 



nth August 1632. 
500 merks. 



MORTIFICATIONS TO HOSPITAL. 231 

" Ressauit frome the exe"" of vmq"' James Wynrahame of Libbertoun, the Terms of Mortifica- 
soume of fyve hundreth merkis, vsuall money of this realme, left be him in '^'°"^' 

legacie to the Hospitall of this burgh, foundit at the foote of Leith Wynd." ^^^^ j^^ jggg 

Council Records, 
vol. xiv. p. 264. 

Margaret Prestoune or Eleis's Mortification. 

Testament of Margaret Prestoune, relict of vmquhill Patrick Eleis, Commissary Records, 
merchant, burgess of Edinburgh : after nominating Marion Eleis, her eldest 25th Oct. 1632. 
daughter, as her executrix, she adds, " I ordane hir to pay to hir lauful brother 
and sister and poor of the Hospital of Edinburgh vnderwritten to whom I leive 
the samyne as follows." Then follow the legacies to her son and youngest 
daughter, after which there is added, " Item I leiv to the said poor in the Hospitall soo merks. 
of Edinburgh thrie hundreth merkis money forsaid." 

JOHNE HaMILTOUNE'S MORTIFICATION. 

Testament of Johne Hamiltoune, merchant, burgess of Edinburgh ; bequeathing, Commissary Records, 

Inter alia, — " Item I leive to the Hospitall in Edinburgh for the poor therof 
Thrie hundreth merkis. Item I leave to be gevin in to the Sessioune of Edin- 300 merks. 
burgh for the poor one hundreth merkis." 

Allane Levingstoune's Mortification. 

Testament of Allane Levingstoune, merchant, burgess of Edinburgh. Commissary Records 

Inter alia, — " I leive to the pure of the Hospitall of Edinburgh one Thowsand ^^*^^ J'*°- 1^33. 
merkis Scottis money. To be mortefeid and imployed vpone annuelrent to 1000 merks. 
thame be the sicht advyse and directioune of the consall and ministrie of Edin- 
burgh," and the tutors of his son Thomas Levingstoune. 

Arthour Rae's Mortification. 

Testament of Arthour Rae, writer, indweller in Edinburgh. Commissary Records, 

Inter alia, — " Item I leive to the poors of the Hospitall of Edinbui-gh the ^*^ July 1633. 
soume of fyve hundreth markes." ""^"^ '' 

Robert Broun's Mortification. 

" Compeirit Charles Hammiltoun, ane of the maisters of the Hospitall, and 2ist March 1634. 
conf est that he had ressauit f ra Johnnie Hammiltoun, apothecar, in name and Council Records, 
behalf of the exe"- of vmq- Mr Robert Broun, indueller in this burgh, the ™'- """■ ?• '^^^- 



232 



APPENDICES. 



Terms of Mortifica- 
tions. 

500 merks. 



13th June 16-34. 
Council Records, 
vol. xiv. p. 301. 

200 merks. 



soume of fiyve hundreth merkis vsuall money of this realme, left be the said 
vmq'°* Mr Robert in legacie to the said hospitall." 

Janet Bannatyne's Mortification. 

" Ressauit frome George Foulles, M'- of His Ma. cunziehous, the soume of 
twa hundreth merkis and sextein pennyes left in legacie to the poore of the 
Hospitall be vmq'°" Janet Bannatyne, his said spous." 



•29th July 1635. 
Council Records, 
vol. xiv. p. 344. 

300 merks. 



Christiane Rig or Rae's Mortification. 

" Ressauit frome Alexander Barbour, wrytter, the soume of thrie hundreth 
merkis left in legacie be vmq'"' Christiane Rig, relict of vmq'°' Maister Johnne 
Rae, sumetyme scoolemaister of this burgh, to the Hospitall of this burgh, 
foundit at Leith Wynd foote." 



Thomas Bannatyne's Mortification. 

Commissary Records, TESTAMENT of Thomas Bannatyne, merchant, burgess of Edinburgh. 

^*' ^^'^^ ' Inter alia, — " Item to the puire of the Hospitall j""' merks. Item to the 

1000 merks. ^^^^^ ^j Edinburgh j • merks." 

James Hog's Mortification. 



Commissary Records, TESTAMENT of James Hog, merchant, burgess of Edinburgh. 

1st Sept. 1636. 
100 merks. 



Inter alia, — " Item, I leawe to the poor of the Hospitall j"'" merkis." 



23d Dec. 1636. 
Council Records, 
vol. xiv. p. 4U8. 

100 merks. 



David Ramsay's Mortification. 

" Compeired Maister Cornelius Ramsay, student, and gaive in to the 
Hospitall of the said burgh the soume of ane hundreth merkis together with the 
soume of threttyenyne merkis as for bygaue annuelrent thairof, left in legacie 
be vmq'°' Dauid Ramsay, his brother, to the said hospitall, which was instantlie 
delyverit to Richard Maxvell, ane of the maisteris of the said hospitall." 



David Aikinheid's Mortification. 
Commissary Records, TESTAMENT of David Aikinheid, merchand, burgess of Edinburgh (and Lord 

14th Sept. 1637. Provost). 

200 merks. Inter alia, — " Item I leive to the poor of our Hospitall of Edinburgh tua 



MORTIFICATIONS TO HOSPITAL. 



233 



hundreth merkes. Item I leive to be dedicat to honest men and women being Terms of Mortifica- 
burgesses to be distribut be my executors tua hundreth merkes." ^'°°°' 



John Winrahame's Mortification. 

Testament of John Winrahame, merchant, burgess of Edinburgh, said to be Commissary Records, 
dated " 29 of Januar, ane thousand sex hundreth ' threttie yeires.' " i^'-'' ^^<'- 1637. 

Inter alia, — " Item I leawe to Mungo Huntar in the Hospitall ten merkis 
yeirlie during his lyftyme. Item I leave to the rest of the poore in the 
Hospitall in Leith Wynd futt to be devydit amongst thame & the said Mungo 
ij"' merkis." 

Sir Henry Wardlaw's Mortification. 

Testament of Sir Henry Wardlaw of Pittravie, Knight (dated 29th January Commissary Records, 



200 merks. 



1636). 

Inter alia, — " Item in the first for ane support and help of the building 
of the new Kirkes. of Edin"^" ane thowsand thrie hundred threthi-thrie pundes 
6/8''" Item to be delyverit to the primer and regentes of the colledge of Edin'" 
to buy buikes iij" xxxiii"" 6/8'^' Item to the poor housholders of the toune of 
Edin'- j"- merkis. Item to the Hospitall at the fuit of Leith Wynd j°- "" etc." 



Sth Feb. 1638. 



£100 Scots. 



Mrs Mertein's Mortification. 

" The quhilk day . . . compeired Williame Wilkie, baillie, and produced ane 23d M.arch 1638. 
bond maid be James Mertein to the counsall, quhairby he obleissis himselft' to Council Records, 
pay theme the soume of ane hundreth merkis, left in legacie be his vmq'"' ^" ' "^^ ^' * ' 
mother to the building of the parliament hous, with the soume of ane other ^^^ ™erks. 
hundreth merkis left also in legacie be his said vmq'°' mother to the poore in 
the Hospitall, to be payit betuixt and the first day of August nixt as the bond, 
of daitt the 22 of this instant, at more lenth beires ; thairfore the counsall 
delyvered the said bond to the said Williame, and ordaynit the said soumes to 
be vpliftet the said tyme and delyvered the ane to the maisters of the Hospitall, 
and the other to the present thesaurer of the building of the said hous, and thay 
to be chargit therwith in his compts." 



Peter Somerveill's Mortification. 

Testament of Peter Somerveill, merchant, burgess of Edinburgh. 

Inter alia, — "Item I leive to the Hospitall ij"' merkes. Item I leive to 
the puire of the sessioune j"' merkes." 



Commissary Records, 
4th April 1638. 

200 merks. 



234 



APPENDICES. 



Terms of Mortifica- 
tions. 



ISOBEL FaRQUHAIR'S MORTIFICATION. 



Commissary Records, TESTAMENT of " Isobel Farquhair, rclict of Artliour Rae, sumtyme wryter in 
29th June 163S. Edin'- " J J 

Inter alia, — " Item I leave to the poor of the Hospitall in Edinburgh the 
60 merks. soume of fiyftie merkis." 



Commissary Records, 
31st Jan. 1639. 

200 merks. 



Robert Massoun's Mortification. 

Testament of Robert Massoun, merchant, burgess of Edinburgh. 

Inter alia, — " Item I leawe to poore of the Hospitall of Edinburgh the 
sowme of ij°" merkis to be imployit vpone land or annualrent to ther behove 
be the sight and advyse of the said hospitall." 



Will & Testament, 
30th Sept.' 1639. 
Codicil, 12th Oct. 
1639. 



Robert Johnston's Mortification. 

Extracts from the Last Will and Testament of Robert Johnston, of London, 
proved in the Prerogative Court of Canterbury. 

" Item, I geve and bequeath vnto the Provest, and Bailliffes, and Common 
Councell for the tyme being of the Cittye of Edinbrough, in the said kingdome 
of Scotland, one thousand pounds starlinge, to bee ymployed in stock to sett 
the poore of ye said cittye at worke, and doe appoint the increase of the stocke 
to be distributed amongest ye poore of the said cittye yearely. And my will 
is, that this some be payed within one yeare after my decease, uppon securitie 
to bee given by the said Provest, and Bailiffes, and Common Councell vnto my 
executors hereafter named for ymployeiuge and distributinge the increase 
accordingly. 

" Item, I give and bequeath vnto the said Provest, Bailiffs, and Common 
Councell for the tyme being, another thousand pounds starlinge, to be ymployed 
in stocke, or otherwise to be put out for profEtt, to buy gownes, stockings, 
shoes, sherts, and clothes vnto the poore children of Mr Heriott's Hospital, 
which some I appoint to be payd for the mayntenance of the said poore, when 
they are placed in the said Hospitall orderly, according to the intencon of the 
founder, and not before the said Provest, Bailiffs, and Councell geying securitie 
vnto my said executors for the ymployeing of the same accordingly. . . . 

" Item, I geve vnto my sister, Agnes Johnston, if shee be liveing at the 
tyme of my decease, ye sume of five hundred marks vsuall money of ye realme 
of Scotland, and yearely to be payed vnto her dureing her naturall life by the 
Provest, Bailiffes, and Common Councell of Edinburgh aforsaid, forth of ye 
proffitts of five hundred poundes starlinge w*- they are vndebted unto me 
vpon this condicon, that my said sister, Agnes Johnston, release and discharge 



MORTIFICATIONS TO HOSPITAL. 235 

vnto my executours hereafter named, and debitors, all clayme and demannd, Terms of Mortifica- 
title, right, and interest which shee may have or can make vnto any heritable *'™^" 

obligacons, or other my goods and chattel la, or to any of them whatsoevei-. 

" I doe absolutelie give and bequeath all the surplusage, rest, and residue Mortification. 
of my estate, goods, chattells, reall and personal, some and somes of money 
whatsoever in maner and forme followeing, that is to say, I give and be- 
queath vnto the said Provest, Bailiffes, and Common Councell of Edinbrough, 
one thousand pounds starlinge more, they putting in sufficient securitye vnto 
my said executo" and superuis'', to imploy the said some on stocke or mortgage 
of landes towardes the reliefe of the poor people of the said Cittie of Edinburgh 
in perpetuitie. Alsoe, I give and bequeath vnto the Provost and Bailiffes of 
Aberdine, in the said realme of Scotland, sixe hundred pounds starlinge, vpon 
theire putting in a suiEcieut sureties vnto my said executors and overseer to 
imploy the said some in a stocke, to remayne in perpetuitie for ever, that the 
poore people of the said Cittie of Aberdine may be sett at worke in lawfuU 
trades and manufactures for ye benefitt of the commonwealth, whereby the 
aged, blind, lame, and impotent people of the said Cittie of Aberdine maye bee 
releaved yearlie out of the profitt and increase of ye said stocke. 

" Item, I geve and bequeath vnto the Provest and Bailiffs of Dundie, in the 
said realme of Scotland, vpon theire putting in of sufficient securitie vnto my 
said executors and superuisor, the some of one thousand poundes of lawfull 
money of England, to be imployed in a stock or wedsett of land in perpetuitie 
for ye yearlie maintennac of the aged and impotent people of the said Towne 
of Dundie." 

18th March 1642. — "The Provest, Baillies, and Oounsell, knowing the Council Records, 
necessitie of Agnes Johnstoun, his sister, did bestou upon her ane yeirlie ^"'^ "^^ '• 227. 
pensioun of fyve hundreth merkis yeirlie during all the dayis of her lyftyme to 
have been reimbursed forth of the foirsaid legacie quhenever the samen sould 
happen to fall ; and understanding also that soumes and legacies of that nature 
hes been vsuallie bestowit upon the Hospitall for reliefe of the said poore. For 
which cans the saidis Provest, Baillies, and Counsell hes, with consent of the 
ministre and severall sessiouris of the paroeheris of this burgh, assigned the 
samen to the masters of the said hospitall in name thereof, and hes causit Sir 
William Dick of Braid, in whais handis the soume wes, give band to the saidis 
masteris for payment thairof at Whitsounday next." 

Thomas Spens's Mortification. 

Testament of Thomas Spens, baxter, burgess of Edinburgh. Commissary Records, 

Inter alia, — " I leave and ordane to be gevin to the poore of the hospitall ^^'*' ^°''- '''^^• 
of Edinburgh the sowme of xl'"- Scottis money." ^'*'' S°°'^- 



236 



APPENDICES. 



Terms of Mortifica- 
tions. 

11th Dec. 1S39. 
Council Records, 
vol. XV. f. 108. 

100 merks. 



Katherein Prestoun's Mortification. 

" The same day compeired William Cochrane, ane of the maisters of the 
Hospitall, and grantet him to have ressauit from Katherein Prestoun, spous to 
the deane of gild, the soume of ane hundreth merkis, left verballie in legacie be 
vmq'"- Elspeth Prestoun, his sister, to the poore of the Hospital." 



18th Dec. 1639. 
Council Records, 
vol. XV. f. 109. 



1000 merks. 



David Makcall's Mortification. 

" Thairfore, and in humble performance thairof, I be the tennour heirof, 
give, dott, and dispone the particular soumes of money respectiue efter 
following to be imployit vsit and disponit be the proveist, baillies, and 
counsall of Edinburgh, to the particular pious vses respectiue efter specifiet 

with consent of the persounes vnder naymit in maner vnderwrittin, viz 

Item, the soum of ane thousand merkis money foiresaid [usual money of 
Scotland], to be imployit upone land or annualrent, for helping to sustein the 
poore in the Hospitall at Leith Wynd foote my aires and assignayis being 
patrounes and presenters of the poore therto, sua far as the annuelrent thairof 

will sustejme Lyikas the saids proveist, baillies, and counsall of the 

said burgh of Edinburgh, be the acceptatioun heirof, obleissis thame and thair 
successouris at the sight, and be the advyse of my aires and successouris, and 
of Sir Thomas Hope of Craighall, knicht, his Ma. advocate, Sir Johnne and Sir 
Thomas Hope, his sounes, and of Dauid Jonkein, my brother, to imploy, 
wair, and bestow the haill foiresaid principall soumes of money, respectiue, 
particularlie above specifiet, immediatelie efter thair ressaitt thairof, apone land 
for annuelrent in maner and to the particular vses and behoove respectiue 

particularlie aboue specifiet and no otherwayis, viz to be given vpone 

suflScient infeftment of the commoun mylnis of Edinburgh, for payment 
of yeirlie annuelrent thairfore to the behoove respectiue aboue specifiat men- 
tionat according to the lawis of this kingdome " 



David Richardson's Mortification. 

Commissary Records, TESTAMENT of David Richardson, merchant, burgess of Edinburgh. 

7th Feb. 1640. j^^^^ alia—" I leive to the poore of the Hospitall i=- '"• " 

£100 Scots. ^ 



Council Records, 
vol. XV. f. 136. 
13th May 1640. 

£229 Soots. 



David Cruickshank's Mortification. 

"Ressauit the soume of tua hundreth tuentie nyne pundis in full con- 
tentatioun of the soume of fyve hundreth merkis left in legacie be the said 
vmq"- David to the poore of the Hospitall, conforme to ane decreitt of the 
commissairs, daitted the last of Januar 1640." 



MORTIFICATIONS TO HOSPITAL. 237 



_ _ , tr Terms of Mortifica- 

ROBERT ElLEISS MORTIFICATION. tions. 

" Ressavit .... left in legacie be umquhile Robert Elleis student, £200." Hosp. Accounts, 

1641-42. 



John Inglis's Mortification. 



£200 Soota. 



Testament of John Inglis, elder, merchant, burgess of Edinburgh. Commissary Records, 

Inter alia,—" Item I leawe in legacie to the Hospitall of Edinburgh at ^** ■^^"- ^*'*^- 
Leith Wynd foott the sowme of v''- merkis." 500 merks. 

Bartilmo Somervell's Mortification. 

Testament of Mr Bartilmo Somervell, portioner of Sauchtoun-hall Commissary Records, 

Inter alia, — "I leave to the Sessioune of Edinburgh for helping of the i<"hF'=^- i^'*-- 
poore of the said towne the some of twa thowsand merks money foirsaid 2000 merks. 
(Scots). Item I leave to the poore of the Hospitall of Edinburgh the sowme of 
vther twa thowsand merks money foirsaid." 

John Fleming's Mortification. 

Testament of John Fleming, baillie, and burgess of Edinburgh. Commissary Records, 

Inter alia,—" Item to the thesaurer of the Kirk Sessioune of Edinburgh ^^''' "^"°'' ^'^^'^■ 

for the vse of the poore iii'" merks. Item to the Hospitall of the said burgh at 500 merks. 
the foott of Leith Wynd v°' merks." 

ISOBELL AlLANE OR AlSCHRUDER'S MORTIFICATION. 

Testament of Isobell Allane, relict of David Alschruder, merchant, burgess Commissary Records, 
of Edinburgh. i"*^ J"'y 1^*2. 

Inter alia, — " To the Hospitall of Edinburgh at the foot of Leith Wynd v'^' 500 merks. 
merks money to be distributt at the discretione of the provest and baillies of 
Edinburgh or of the Kirk Sessione there." 

James Troup's Mortification. 

"The same day forsamakle as John Hillstoun, merchant, burges of this Council Records, 
burgh, haveing adebted to him be vmq'=- John Davie, mer"- the soume of jt'," Dec.^i64^|.' 
thrie hundreth thrie scoir seven pundis principall with the bygane annualrintis 
thairof, lykwayis the said vmq'"' John Davie being adebtit to James Troup, 
merchand, burges of the said burgh, all and haill the soume of fyve hundreth 500 merks. 
pundis, principall with certane bygane @ rentis conforme to his band maid to 
vol. n. 2 H 



238 



APPENDICES. 



Terms of Mortifica- 
tions. 



Trin. Hosp. Accts. 

1697-8. 

£1700 Scots. 



23d. Dec. 1642. 
Council Records, 
vol. XV. p. 271. 
1000 merks. 



the said James Troup, hes constitute the said John Hillstoun his cessionar and 
assigney; wpon the quhilkis twa bandis the said Johne Hillstoune hes com- 
prysit the ground richt and propertie of the twa husband landis of Heriot 
hows and Heriot towne, pertening to the said vmq"- John Davie, with the 
haldings belonging thairto, lyand in the baronie of Borthink and sheriffdome of 
Edinburgh. And the said James Troup, haveing intrusted his said band to the 
said John Hillstoun, and being willing to mortifie his soume and pairt and 
portioun of the saidis landis to the vse and vtiHtie of the Hospitall at Leith 
VVynd fute, and poor thairin, of his awin free good will ; and the said John 
Hillstoun, being willing for the soume of thrie hundreth and fyftie merkis, to 
dispone his pairt of the saidis landis, the saidis provest, baillies, and counsell 
ordaines the maisteris of the said hospitall to accept of the said bargane, and to 
pay to the said John the said soume of thrie hundreth and fyftie merkis, and 
to resave from him ane Dispositioun of the said haill apprysing and land 
apprysit be him in maner foirsaid, and the same sail be allowed to them in 
thair comptis and ordaines the masteris of the said hospitall present and to 
come to be chairgit with the dewties of the saidis landis in all tyme heirefter." 

The property thus acquired was subject to a liferent, and yielded nothing 
till 1655, from which date till its sale it yielded £100 a-year. The accounts 
for the year 1697-8 contain the following entry: — 

" Item — With the price of Heriot House, sold at Whitsunday to Mr James 
Dallrumple, £1700 " (Scots). 

John Trotter's Mortification. 

" The same day compeird John Trotter, merchand, and declaired, that his 
father in his Ire will and testament had bequeathed to the Hospitale at Leith 
Wynd fute, the soume of ane thowsand merkis, and for this effect gave in ane 
band and subscrivit be Williame Hoorae, of Aittoun, contening thairin the 
soume of ane thowsand merkis payable to the said umq"- John Trotter, his 
father, and efter his deceis to the said hospitall at Leyth Wynd fute, as the 
said band of the dait at Dunce Castle, the fyftein day af July j'°- vj'^' fourtie 
ane yeiris at mair lenth beiris ; Which band was instantlie dely vered to Patrik 
Thomsone and Gilbert Somerville, present maisters of the said hospitall; 
Quhairfore the counsell ordaines them to be chairged thairwith, and with ane 
yeiris annuelrent thairof in thair comptis." 



John Spense's Mortification, 

Commissary Records, TESTAMENT of "Mr John Spense, sone lawfuU to vmquhile Thomas Spence, 
8th Nov. 1643. baxter, burgess of Ediu"-." 

Inter alia, — " And to the poore of the Hospitall of Edinburgh the sowme 
400 merks. of iiij"' merkis." 



MORTIFICATIONS TO HOSPITAL. 



239 



Andrew Beattie's Mortification. 



Terms of Mortifica- 
tions. 



" The same day, forsameikle as umq'"- Andro Beattie, tailyeour, burgess I2th Oct. 1644. 
of this burgh, hes left to this burgh certane soumes of money be his lettre ^°]""';\? ^''\°q'^' 
will and testament, to the severall vses eftirmentionat efter the deceis of 
Alisone Skirving, his relict, and with reservatioun to her of her lyfrent of the 
samen soumes, viz. . . . and the soume of uther fyve hundreth merkis to 
the kirkis of this burgh. . . The saidis provest, baillies, and counsell, 
has distribute the soumes of money in maner efter following, viz. . . . 
they appoint " [several sums contained in certain bonds amounting to 500 500 merks. 
merks], "and quhilk soumes they ordane William Sandilands and Thomas 
Cleghorne, present masteris of the Hospitall, to uplift and resave with the 
bygane annualrentis thairof ; and if neid beis to cause execute the bandis for 
that effect, and ordaines the saidis thesaureris and masteris of the Hospitall to 
be chairgit with the foirsaidis soumes, and bygane annualrentis thairof in 
thair comptis." 

William Porter's Mortification. 

" The soume of three hundreth merkis for the vse of the poor in the 30th Dec. 1646. 
Hospitall of the said towne at the fute of Leith Wynd." voTxvl^.T52.'' 

300 merks. 

Margaret Richardson or Lindsay's Mortification. 

Testament of Margaret Richardson, relict of vmquhile David Lindsay, Commissary Records, 
merchant, burgess of Edinburgh. ^^*'^ "^™'^ ^^^''■ 

Inter alia, — " Item I leivo to the poore of the Hospitall of this burgh the 
sowme of v^' merkes money foirsaid (Scots). Item I leive to the poore of this 500 merks. 
paroche quhair I duell to be payit to the kirk thesaurer for thair vse the 
sowme of ij"" merkes." 



Thomas Dods's Mortification. 



Commissary Records, 
14th Sept. 1647. 



Testament of Thomas Dods, plumber, burgess of Edinburgh. 

I7iter alia, — " Item ther is auchtand to me be the toune of Edinburgh be 
band ij"^* merks quherof I appoint the ane half to be apply it to the use of the 1000 merks. 
Hospitall at Leith wynd titt and the vther half thereof to George Hall my 
sister sone : Item ther is auchtand to me be compt betuixt John Edgar and me 
the sowme of viij°' lb. quhilk sowme I also destinat to be imployit to the use of JiSOO Soots. 
the said hospitall at Leith Wynd fitt." 

In satisfaction of the town's debt, on 2d June 1648 a bond was granted by Hosp. Accounts, 
the town to the master of the Hospital for 1000 merks. 



1649-50. 



240 



APPENDICES. 



Terms of Mortifica- 
tions. 



Hosp. Accounts, 
1649-50. 

£266, 13s. 4d. 



William Maxwell's Mortification. 

" Item, resait from Patrick , kirk the"', in name of the umq'' W'"' 

Maxwell of Kirkhouse, left in legacie be ye said umq'- W""" Maxwell to the said 
Hospitall, the soume of four hunreth merkis, . . . £266 13 4." 



Hosp. Accounts, 
1649-50. 



£200. 



James Haekes's Mortification. 

" Item, dely verit be James Harres, quho is now ane of the Hospitall, to the 
compters, vpon the day of July 1650, for the use of the said hospitall, 

the sum of twa hundreth punds, . . . they have assayand to him the a'rent 
yairofi' during his lyftyme, upon ye quhilk condition the samyn was taken in 
be them, and in no other ways, ..... £200 0." 



Hosp. Accounts, 
1651-52. 

£451. 



" Item, resavit from 
Thomas Crombie, of 
the soume of 



Sir Thomas Crombie's Mortification 
Johne 



Reid, merchant, in name of uraquhile Sir 
, left in legacie be him to ye said Hospitall, 

£451 0." 



Commissary Records, 
16th July 1652. 



1000 merks. 



John Trotter's Mortification. 

Testament of John Trotter of Mortounhall. 

Inter alia, — " And also I ordane my said sone (John, his eldest son and 
heir) and his tutors to pay to the thesaurer of the Hospitall for the intertene- 
ment of the poore thairof j""' merks." 



William Cochran's Mortification, 

" Producit the deceist William Cochran his confirmed testament, quhairin 

he leives to the good town And the haill byganc annualrentis of the 

foirsaid principall soume of eight hundreth pundis, he ordaines the samen so 
soon as the samen sail be gotten in the one half thairof to be payit to the 
Hospitall of Leith of Edinburgh at Leith Wynd fute, and the wther half to the 
session of Edinburgh." 

" Item with three hundered threttie three pound sex shilling eight pennies 
receaved from." 

James Wyseman's Mortification. 

Commissary Records, TESTAMENT of Mr James Wyseman, one of the Regents of the College of 
15th March 1656. Edinburgh. 

Inter alia, — " Item I leive to Walter Cheisley present thesaurer the sowme 
of money principall annuelrent and expenses conteaned in Mr John Algearis 



Council Records, 
vol. xix. p. 86. 
18th Jan. 1656. 

£400 (Scots). 



Hosp. Accounts, 
Nov. 1668-69. 
£333, 6s. 8d. 



MORTIFICATIONS TO HOSPITAL. 



241 



band, etc., to be uplifted and used be him for the vse of the poor of the sex Kirks Terms of Mortifica- 
Sessioune of the Kirk of Edinburgh. . . . Item I hearby leave and dispone the *''°"'' " 

sowme of ten thousand merks to any other pious use as for the helpe of the ^^ g^^ merks 
poor of the Hospitall of the College or any other my said executor (David Dick) 
with adwyse of Lawiers sail fall one." 



Patrick Thomson's Mortification. 

Testament of Patrick Thomson, merchant, burgess of Edinburgh. 

Inter alia, — " Item, I leave and dispone in legacie to the Hospitall in the 
futt of Leith Wynd called the tunes Hospitall fFor suply of the poor members 
therof, to remaine with the stock of the said hospitall in all tyme comeing, the 
sowme of fyve hundreth merks vsewall money. Item, to the poor persones 
who have contributiounes from the Kirk Sessioune of Edinburgh the soume of 
ane hundreth pund money forsaid." 



Commissary Records, 
15th May 1662. 



500 merks, 



Laird of Stenhousmilne's Mortification. 

" Item, with twa hundered pound receaved from the Laird of Stenhouse- Hosp. Accounts 
milne, which was left be his father in legacie to the Hospitall, . £200 0." Nov. 1668-69. 

James Gray's Mortification. 

"Item, with the soume of ane hundred and threttie -three pound six Hosp. Accounts, 
shilling eight pennies received of a legacie from James Gray, merchant, Nov. 1669-70. 
will, £133 6 8." ^133, 6s. 8d. 



James Elies's Mortification. 

"The which day the counsall taking to their consideratioun that umq'"- 
James Elies, merchand, burges of Edinburgh, and sometime ane of the baillies 
of the said burgh, be his letter, will, and testament, subscribet with his hand, 
of the date the tuentie-fyft day of November j""' vj"- and fyftie years, did 
therby nominat Mr James Elies, now of Stenhopfaulds, his sone, therin 
designed James Elies, his eldest lawfull sone, his onlie executor, testamentar, 
and intromettar, with his whole goods and geare, and left in legacie to the 
poore of the Trinitie Hospitall of Edinburgh the soume of thrie hundreth 
merkis, which he ordered his said executor to pay to the councill and sessions 
of Edinburgh, performing to him and his airs the oblidgments underwritten, 
viz.. That he and his airs should have the wright and presentatioun of the 
poore persoues in the said hospitall in all tyme comeing who shall be fund meet 
and qualified to be placed therein, conforme to ane act of the kirk -sessions and 
of the councill of Edinburgh: Which soume the said Mr James Elies hes 



Council Records 
vol. xxvi. p. 167. 
23d Nov. 1670. 



300 merks. 



242 



APPENDICES. 



Terms of Mortifica- 
tions. 



delivered to Thomas Robertson and David Mure, present masters of the said 
hospital!, whereof the saidis masters grantes the receipt and discharges the 
said Mr James of the samen : Therefor the saidis provost, bailzies, and 
councill gi'ants unto the airs of the said umq'"' James Elies the presentatioun 
of the poore in the said hospitall, who shall be fund meet and qualified to be 
placed therin, when soever the same shall vaik to be interteined in the said 
hospital, conforme to the order observed therintill ; and ordanes the saidis 
masters of the hospitall to be charged therwith in their compts," &c. 



Council Records, 
vol. xxvi. p. 174. 
30th Dec. 1670. 

500 merks. 



George Jollie's Mortification. 

" Foralsmuch as the deciest George JoUie, merchand, burges of Edinburgh, 
be his letters of destinatioun of the date the tuentie ane day of Julij j'"- vj'- 
soxtie sex yeirs, did leave to the Trinity Hospitall of this burgh at the foot of 
Leith Wynd, the soume of fyve hundreth merkis Scottis money, and that 
Richard Lothian, merchand, be his postscript subjoyned to the said destinatioun 
oblidged him, his airs and executors, to pay the said soume to the said hospitall 
as the postscript beirs, and that Thomas Robertson, merchand, and David Mure, 
armorer, present masters of the said hospitall, had reported that conforme to 
the said destinatioun and postscript, the said Richard Lothian had made pay- 
ment to them of the said fyve hundreth merks for the use of the said hospitall." 



Council Records, 
vol. xxvii. p. 7. 
15th Feb. 1671. 
300 merks. 
Council Records, 
18th Nov. 1674. 



300 merks. 



18th Nov. 1674. 
Hosp. Accounts, 
1676-77. 



Robert Sandiland's Mortification. 

"The same day Thomas Robertsone, ane of the masters of the Trinity 
Hospitall, reported that Robert Sandilands, youngar, merchand, hes given f reelie 
to the said hospitall thrie hundred merks Scotts money which he hes receaved." 

" Present maisters of the Trinitie Hospital, and signified that Robert 
SsLudilands, junior, merchant, burges of Edinburgh, had in anno 1670 mortified 
to the said hospital three hundred merks Scots money, and that he hes at the 
present tyme mortified the lyke soume of three hundred merks to the hospitall, 
which they had lykewayes receaved, and that they were informed the said 
Robert was desyrous to have Agnes Sandilands, relict of vmq'"' John Roxburgh, 
burges of Edinburgh, to be brought into the Hospital to be interteined therein, 
she being about the aige of sixtie-four years .... The councill ef ter serious 
consideratione had of the premises, doe return the said Robert Sandilands 
hearty thanks for his so pious a work, and desyred the said maisters to record 
his name in the hospitall hall amongst the rest of the benefactores, and albeit 
there was no place at present vacant in the Hospital, yet they ordaine the saids 
maisters to admitt the said Agnes to the Hospital to be interteined therein, and 
declare that the first place that falls vacant she shall be preferred thereto, and 
no other installed therein." 

" It. : receaved in gift from Rob. Sandilands, . . £120 0." 



MORTIFICATIONS TO HOSPITAL. 243 

Terms of Mortifioa- 
WlLLIAM LoRIMER'S MORTIFICATION. *|™|^- 

" Item, receaved from William Lorimer as a gift to the poor of the Hosp. Accounts, 
Hospitall, £333 6 8." 1671-72. 



£333, 6s. 8d. 



Alexander Home's Mortification. 



" The same day compeired Alexander Home, present thesaurer of the CouncU Records, 

Canogate, who out of his charitie, sure good will benevolence made offer and ™i'May "efi. ' 
accordinglie payed to Thomas Robertsone, one of the present masters of the 
Trinitie Hospitall at the foott of Leith Wynd, the soume of ane thousand 

merks Scotts towards the increse of the stocks of the said hospitall, founded for lOf" merks. 

menteining of the beidmen therof, decayed burgesses and burgesses wifes." Increase of capital. 

Thomas Murray's Mortification. 

" The same day James Kirk, ane of the maisters of the Trinity Hospital, Council Records, 
reported that John Hall, lait baillie, had payed in three hundreth merkis to the loth^April'ie?"^ 
Hospitall, which was left in legacie to the Hospitall by the deceist Thomas 
Murray, lait baillie. The councell appoynts the said Thomas Murray his name 
to be recorded in the hospitall hall amongst the rest of the benefactours." 



300 merks. 



John M'Morland's Mortification. 
Testament of John M'Morland, merchant in Edinburgh. Commisaary Records, 

Inter alia, — " To the poor of the toune of Edinburgh ane hundreth merks. 
To the Trinitie Hospitall the soume off ffour hundreth merks." 400 merks. 

John Anderson's Mortification. 

Testament of John Anderson, merchant, burgess of Edinburgh. Commiss.ary Records, 

Inter alia, — " Item I leave and bequeath to the Hospitall at the ffoot of ^^ ' ' 

Leith wynd the sowme of ane thowsand merks Scots, and I ordaine my name looo merks. 
to be putt up ther as vse is in the lyk caices." 

John Penman and James Penman's Mortification. 

1680. 
"Anent the petition given in by James Penman, senior, late Surgeon- Hospital Records, 
Major to his Majesties Garrison att Gibralter, setting furth that the deceast ^'t ^ec' 1743 
John Penman, late Baillie of Edinburgh, the petitioner's grandfather, haveing j^osp. Accounts, 
in the year one thousand six hundred and eighty morti6ed to the poor of the 1743-44. 
Trinity Hospitall the sume of one thousand pounds Scots money, and did £iooo Scots. 



244 



APPENDICES 



Terms of Mortifica- 
tiuns. 

Penman's Mortifica- 
tion. 



£2000 Scots. 



intend had he lived to have enlarged his donation so as to have been entitled 
to the presentation of a member into the said Hospitall ; that the petitioner 
out of a regard to the pious intentions of his grandfather, and with a designe 
to encourage such good and charitable work as the mentainance of old and 
decayed people who cannot provide for themselves, did humbly propose to the 
Councill to mortifie to the said Hospitall a further sume of two thousand 
pounds Scots, which with the forsaid one thousand pounds already given by his 
grandfather, will make in all three thousand pounds Scots upon the Council, as 
administrators aforesaid, giveing to the petitioner and his heirs and assigneys 
a right to present a member into the said Hospitall, either a man or woman, 
a burges or not burges without distinction, and on such other conditions 
as usuall and as should seem agreeable to the Councill: Praying therefor 
the Councill as administrators forsaid to consider the premisses, and upon 
the petitioner paying to the treasurer of the said Hospitall the said two 
thousand pounds Scots, to grant to him and his heirs and assigneys a right to 
present a member into the said Hospitall, man or woman whether burgeses or 
not, as they should think fitt, as the petition bears. Which having been read 
in Councill, the same was remitt to a committee of their number, and they to 
report. Accordingly Baillie David Inglis this day reported from the said 
committee, that they haveing considered the said petition were of opinion that 
upon the petitioner's paying in to the Trinity Hospitall two thousand pounds 
Scots, the Councill should grant to him during his lifetime allenarly a power 
and privilege of presenting any one person after the decease of another to be 
entertained in the said Hospitall, in terms of the statutes thereof, whether a 
burgess or not, and that after the said Doctor James Penman's decease they 
should grant a power and privilege to his heirs or to his immediate assigney 
and their heirs (debarring all other assigneys) a power and privilege of 
presenting att large any person they please for two vices or times ; but that 
the person to be presented by them the third time or vice, shall be a burges or 
the child or widow of a burges and none other, and that this grant and 
privilege should be under such other limitations and restrictions as the rest of 
the donars are, and agreeable allways to the practice and statutes of the 
Hospitall, as the report under the hands of the committee bears; which 
haveing been considered by the Magistrates and Councill with the deacons of 
crafts, ordinary and extraordinary Govornours and administrators of the said 
Trinity Hospitall, approved of the said report, and upon the petitioner making 
payment to the treasurer of the said Hospitall of the sume of two thousand 
pounds Scots, they did and hereby do grant to him during his lifetime allenarly 
a power and privilege of presenting any one person after the decease of 
another to be entertained in said Hospitall, in termes of the statutes thereof, 
whether a burges or not ; and after the said Doctor James Penman's decease 
they did and hereby doo grant a power and priviledge to his heirs or o his 
immediat assigney and their heirs (debarring all other assigneys), a power 
and priviledge of presenting att large any person they please for two vices or 



MORTIFICATIONS TO HOSPITAL. 245 

times. But that the person to be presented by them the third time or vice Terms of Mortifica- 

shall be a burges or the child or widow of a burges and none other, all to be '^^ 

entertained in the said Hospitall as aforesaid, every one of such persons penman's Mortie- 

behaving themselves in the said Hospitall orderly and decently, and before cation. 

their entry disponeing and conveying their whole goods and effects to the 

Hospitall in the usuall forme, and bringing alongst with them a sufEcient 

feather bed and bedding of cloaths, declaring hereby that the person to be 

first presented in virtue of this grant shall only be receaved into the 

Hospitall att the end of six months after payment makeing of the said two 

thousand pounds Scots, and that it shall not be in the power of the petitioner 

or his forsaids to present a person to be entertained in the said Hospital untill 

after the elapse of year and day from the decease of the person last presented." 

John Thorburn's Mortification. 
" John Thorburn mortified in Septr. '80, . . . £281 6 8." Hosp. Accounts, 

^ Nov. 1680-81. 



£281, 6s. 8d. 



Harie Walwood's Mortification. 



Testament of Harie Walwood, merchant, burgess of Edinburgh : appoint- Commissary Records, 

ing William his eldest son his sole executor, and inter alia, — " That he pay to ^^'^ ^®P'- ^^^''• 

the Thesaurer of the &c. Hospitall for the vse of the poor therof j""' merks lOOO merks. 
Scottis money." 



John Govein's Mortification. 

" Item, the good toun is due the legacie left be John Govein to the Hospital], S°^P'i ^c*^?.""*^' 

15th July 1684, 500 merks prin"-, .... £333 6 8." ^""g ^ ^^ g^^^^ 

"Item, three years @ rent yrof fra the 15th July 1684 to , e. . 

the 15th day of July 1687, . . . . 60 0." 

Janet Ross's Mortification. 

" Item, from John Riddell for Jannet Ross, her legacie of 500 merks, Hosp. Accounts, 

£333 6 8." Nov. 1685-86. 

"Ane yeares @ rent thereof from Lambes 1686 to Lambes '^^^^' ^^' ^^- ^^*^- 

1687, . . . . . . . . 20 0." 

Patrick's Aikenhead's Mortification. 

" The said day, the Council having considered ane representation given in 2lst Nov 1689. 

by Mr Patrick Aikenhead, Commissar-Clerk of Edinburgh that voT^SiiLT^lls. 

did leave in legacie to the Trinity Hospitall of this burgh one thousand rix- looo rix-dollars. 
VOL. IL 2 1 



246 



APPENDICES. 



Terms of Mortifica- 
tions. 



dollars, and y'- for maintaining of two mercli'" in said Hospitall, who shall be 
always nominate and presented by the said Mr Patrick Aikenhead, his aires or 
assigs., which, being considered by the Council, they doe accept of the s'^' offer, and 
hereby allows and consents the nomination and presentation of the said two 
merchants to be maintained in the said Trinity Hospitall upon the said fond, to 
be solely in the persone of the said Mr Patrick Aikenhead, his heirs, succe"', or 
assigns, in all tyme hereafter." 



Hosp. Accounts, 
1692-3. 

1000 merks. 



Hosp. Accounts, 
Martinmas 1696. 



Robert Deane's Mortification. 

The first notice of this Mortification occurs in the accounts for the year 
Nov. 1692 to Nov. 1693, where Thomas Kobertson is mentioned as having paid 
£40 " for ane year's annualrent of 1000 merks contained in two bonds granted 
by him and his brother to the deceased Robert Deanes, and left be him to the 
Hospitall." 

These bonds appear the last time in the accounts 1689-99, when they 
were paid up. 

" Itt : more resting be the aires of Thomas Robertson, viz. Thomas, Mr 
Hary, John, and William Robertsones, two five hundereth m"' bond granted be 
them to the deceist Rob'' Deanes, mer'', and failzieng of him be deceiss, to the s"' 
Hospitall the @ rents yrof preceiding mer'' (1696) be all payed, £666 13 4." 



28th Nov. 1694. 
Council Records, 
vol. XXXV. p. 102. 

Hosp. Accounts 
Nov. 1695-96. 

£600 Scots. 

Deed of Mortifica- 
tion, dated 23d 
October 1695. 
Registered in Books 
of Council and 
Session 17tli July 
1697. 



John Glendie's Mortification. 

" The sum of £50 steg. left by Glendie to the poor." 

" Item, of legacie be the deceist Mr John Glendie, £600 Scots." 

James Alexander's Mortification. 

"Be it known to all men by this present letters, me, Master James 
Alexander, sone laufull to the deceast Mr John Alexander, pearsone of Hoddom, 
for as much as the deceast James Earl of Annandale, desyned in the bond under 
wryn, Earle of Hartfield, be his heritable bond dated," &c. Here follows the 
narrative of various debts due by the Earl of Annandale, and the securities held 
for the same. "And lykeways Sir James Johnstoun of Westerhall, knight, as prin- 
cipal umquhill Walter Scott of Harwood, the deceast John Scott of Ronaldburne, 
and John Johnstoun, younger of Westerhall, as cautioners, souerties, and full 
debitors for and with him be thir bond," &c. Here follows the narrative of 
debts due by Johnstoun, and securities held for the same. " And forasmuch as 
it being the dutie of everie Christian in gratitude to God Almightie, and in 
obedience to His commands, and in charitie and compassion to oyr neigh- 
bours, to give, bestow, and employ a part of what God in his providence 
hes given ym towards the subsisting of the indigent members of Christ's 



MOETIFICATIONS TO HOSPITAL. 247 

body, therefore after dew consideration and deliberation, witt ye me to have Terms of Mortifica- 
given, granted, mortified, dotted, and disponed. Lykeas I, the said Mr "°"^- 

James Alexander, be thir presents, freely and willingly, give, grant, destinat, Alexander's Mortifi- 
mortify, dote, and frae me, my aires successors, and all others my assig- cation. 
nees simpliciter, dispone to, and in favours of, the Hospital founded by 

at the foot of Leith 
Wynd, commonly called the Trinity Hospitall, and the poor thereof after 
specified, and to John Miller, present theasurer thereof, and succeeding 
tlieasurers of the same, for the use and behove and to the effect after 
specified. All and Haill the soume of fourtie thousand merks Scotts money, 40,000 merks. 
for a stock and principal soume, the yearly profit and interest whereof I by 
thir presents dedicat, appoint and ordain to be employed towards the accomo- 
dating and intertaining of twelve indigent persons, viz., eight men and four 
women, or failzing the said number of men qualified and applying in maner 
aftermentioned, als many women in their place as will make up the full number, 
or failzing the said number of women, als many men qualified and applying in 
maner after mentioned in their place as will make up the full number, that 
so there may be at no time any vaccancie more or fewer according as the yearly 
annualrent and profite of the said mortified principal soume will extend to at 
the rate after specified, who have been of good reputation and have not fallen 
into decay through their own vice or prodigalitie, to be received into the said 
Hospitall, being for the time unmarried and not under fiftie years of age at 
their entrie, and to remain and continew unmarried in the said Hospitall during 
their lyfetime, and to be accomodate and intertained therein, at the rate and 
expense of the other persones who are or shall be received in and entertained 
upon the former mortificatione belonging to the said Hospitall, which at present 
is estimat to one hundered and twentie punds for ilk person, and the superplus 
of the annualrent of the said principal soume of fourtie thousand merks, which, 
at sex for the hundered, conforme to the present lawes and Acts of Parliament, 
extends to two hundered and fourtie merks yearlie, I do hereby destinat and 
appoynt to be equallie divided amongst the saids twelve indigent persones, 
being twentie merks money forsaid to ilk ane of them yearlie to be imployed 
and bestowed upon " ..." by and attour the ordinary allowance of the other 
persones in the said Hospitall, the saids indigent persones being always subject 
to the laws of the said Hospitall, and for that effect immediately upon the 
decease of any of the saids persones ane or mae, ane brod with intimation in 
great capital letters shall be affixed upon or above the outer gate of the said 
Hospitall, intimating the said vaccancie until the s"*' vaccancies be supplied. 
And in caise by the frugall and verteous manadgement of the said Hospitall, 
the expense and charge of accomodating and intertaining the saids twelve 
persones in maner forsaid shall not extend to and exhaust the haill annual- 
rent yearlie of the said principal soume, then and in that caise I doe heirby 
destinat and appoynt the superplus thereof to be employed yearlie and joyned 
to the said stock, and the annualrent of the new stock to be imployed for 



248 



APPENDICES. 



Terms of Mortifica- 
tions. 

Alexander's Mortifi- 
cation. 



intertaining of more of the lyke indigent persones at the rates forsaid so far 
as the samen will reach, provyding always lykeas it is heirby expresslie 
provyded and declaired that the patrons underwritten of this present mortifica- 
tion shall be obleidged to receive into the benefite thereof such persones men 
or women qualified in maner foresaid. First, those of my own kindred, freinds 
and relatives upon father or mother side : secondlie these of my own sirname of 
Alexander, who shall apply for the benefite thereof within the space of three 
score days nixt after any vaccancies shall occure, and that whither they be 
burgesses of Edinburgh or not, and failzing thereof such indigent persones 
qualified in maner forsaid, as the saids patrons underwritten shall think fitt. 
And the ase and benefite of the said vaccancies is hereby appoynted to run up 
and be added to the said stock, except the necessarie expenses of the burialls 
of the saids persones by whose decease the said vaccancies occurrs. And which 
mortification above written I doe heirby appoynt and ordaine to take efiect by 
the saids patrons their receiving in and admitting of the said indigent persones 
within the space of six months at fardest nixt after my decease, and sua forth 
thereafter in maner above and after mentioned in all time coming : And for 
the said Hospitall and indigent persones forsaid their furder and better securitie, 
and more etfectuall perfeiting of this my grant and mortification of fourtie 
thousand merks money forsaid of stock, witt ye me to have given, granted, 
annailzied, and disponed, lykeas I, the said Mr James Alexander, be thir 
presents gives, grants, annailzies, and frae me, my aires, and all others 
my assigneys, under and with the provisions and declarations above specified, 
and reservations of my own liferent and other provisiones and declarations 
after mentioned, simpliciter, dispone to and in favours of the said Hospitall 
and indigent persones forsaid, and of the said John Miller, merchant in Edin- 
burgh, present theasurer of the said Hospitall, and his successors in the 
said office of theasurer and patrons after specified, as feoffees of trust 
and administrators for the use and behove of the said Hospitall and indigent 
persones forsaid, All and Haill the said principal soume of eighteen thousand 
i'yve hundereth merks Scotts money forsaid, contained in," &c. (here follows an 
enumeration of the securities, a reservation of his own liferent, and an obliga- 
tion to get himself infeft in the lands forming the subject of the securities, and 
" to infeft the said Hospitall and indigent persones, at the least the said John 
Miller, present theasurer of the said Hospitall, and his successors in the said 
office of theasurer, and patrons after mentioned as feoffees in trust," &c.) : And 
provyding allways, lykeas it is hereby expresslie provyded and declaired, and 
shall be provyded and declaired, in the respective infeftments appoynted 
to follow hereupon : That how often and whensoever the soumes of money 
above mortified and disponed, or any part thereof, shall be uplifted be the said 
John Miller, theasurer, and his successors in office, theasurers of the said 
Hospitall, and patrons forsaid, they shall be bund and obleidged, lykeas by y'" 
acceptation heireof they for themselves and in name of their successors bind 
and obleidge them and their successors in the said offices als oft of new againe 



MORTIFICATIONS TO HOSPITAL. 249 

to secure, wair, bestow, and imploy the same upon sufficient and well holdine Terms of Mortifica- 
land, or other good and sufficient securitie for annualrent, payable to the said * ^'°°°- 

theasurer of the said Hospitall and patrons thereof and their successors, in Alexander's Mortifi- 
name and behalf, and for the use and behove of the said Hospitall and indigent cation, 
persones forsaid : And with this express provisione and declaration allways, 
lykeas it is heirby expresslie provyded and declaired as my will, to be 
inviolablie observed after my decease, that the saids twelve indigent persones, 
and such as may be added, shall be accomodate and intertained in maner above 
mentioned upon the annualrent of the said soume of fourtie thousand merks 
money forsaid, and new stock, in caise the samen shall be augmented ; and that 
it shall in noways be in the power of the said theasurer and patrons, and their 
successors in office, or any other persone or persones neither by or without 
advyce or command, to apply any pairt of the said principal soume of fourtie 
thousand merks money forsaid, and augmented stock, for or to the maintinance 
and accomodatione of the saids twelve indigent persones, or any other maner 
of way, but that the said principal soume of fourtie thousand merks money 
forsaid, and augmented stock, shall remain enteir, and be unbroken upon or 
medled with, nor applyed to any other use, but to remaine as a perpetuallie 
mortified stock to the use and behove forsaid in all generations to come : And 
that the said theasurer and patrons, and their successors in office, shall still be 
lyable for, and bound and obleidged, lykeas by their acceptatione heirof they 
bind and obleidge them and their successors to observe, performe, and fulfill 
the trust above written, reposed in them in the haill circumstances and poynts 
thereof forsaid," reserving always to the granters of the foresaid " securities and 
their aires and successors the reversioun competent to them." " Lykeas I," 
under the reservations and other provisions and declarations, " make, constitute, 
and ordain the said Hospitall and indigent persones fors'^', and the s"*- John 
Miller, present theasurer, of the s"* Hospitall, and his successors in the s"" office 
of theasurer and patrons of this present mortification as feoffees of trust and 
administrators for the use and behove of the s""- Hospitall and indigent persons 
fors"', my cessioners and assignees in and to the forsaid securities, &c., whilk 
mortification, disposition, and assynation @ wry"- I bind and obleidge me and 
my forsaids to warrant, &c. : And for the good and effectual performance, 
management, and right applicatione of this my grant and mortiticatione, witt 
ye me to have nominat and appoynted, lykeas I, the said Mr James Alexander, 
be thir presents nominate, appoynt, and earnestlie requist the Right Honour- 
able the Lord Provost and Bailzies and Counsell of Edinburgh, and their 
successors in office for the communitie thereof, and ministers of the said burgh 
present and to come, to be the sole and undoubted patrons of this my grant 
and mortificatione : And farder, I hereby nominate, appoint, and earnestlie 
entreat the Right Honourable the Lords of Counsell and Sessione for the 
time being to take the inspectione and oversight of this my grant and 
mortificatione, that the samen be punctuallie and exactlie keeped, observed, 
and fulfilled be the saids patrons and theasurer of the said Hospitall for the 



250 APPENDICES. 



Terms of Mortifica- time being, according to the tenor of this my present gift and mortificatione in 
tions. all poynts ; with full power to the saids Provosts, Bailzies, Town Counsell, 

Alexander's Mortifi- Communitie, and Ministers of Edinburgh, and their successors in office, to 
cation. present, receive, and admitt the said indigent persons to the benefite of this my 

grant and mortification ; they always observing the order above prescribed." 
Here follow clauses of registration, reservation of power to alter dispensation 
of the delivery, and obligation to deliver the writs, and a precept of sasine to 
be granted under the reservations and declarations and provisions above 
mentioned. 
Recorded in Books of By an eik to his mortification, dated 25th February 1697, Mr Alexander 

Council and Session conveyed certain further obligations to the trustees named in his original deed : 
' ' " ^ ■ " After dew consideratne and deliberatne, God Almightie having inclyned my 

heart to make and grant thir presents as ane addition to be added to the s**- 
morticatne of fourtie thousand merks for intertaining and accommodating more 
poor and indigent persones in the s*^' Hospitall in the tearmes, at the rates and 
under and with the qualificatnes and provisions contained in the s"' prin"- 
mortificatne of fourtie thousand merks money fors"'- ; witt ye me to have given, 
granted, mortified, dotted and disponed lykeas I, the s''- Mr James Alexander, 
be thir presents frielie and willinglie give, grant, destinat, mortitie, dotte, and 
frae me, my aires, and successors, and all oyrs, my assigneys, simplr assigne, 
and dispone to and in favours of the s'^" Hospitall, and poor and indigent 
persones to be received in upon this present eik and additione to my s'^- morti- 
ficatne a ment^' upon the qualificatnes and tearmes par''"- yrin menf', and at 
the rates and under the provisions, reservatnes, and declaratnes par"'- yrin 
exprest, and to the s*** John Miller, present theasurer of the s"' Hospitall, and 
succeiding theasurers of the samen, and patrons above menf' of my s*"' prin"* 
mortificatne, as feoffees of trust and administrators. All and Hadl the bonds 
contained in the original mortificatne, and certain additional bonds and bills of 
exchange ; " " sua sone as the samen can be recovered, and to joyne and accumu- 
late the samen in ane haill and prin"' soume, and to eik and add the s*- haill 
prin"' soume sua recovered to 'the s**- prin"' soume of fourtie thousand merks mo''- 
fors'*' accumulate and mortified in maner fors"", and to wair, bestow, and imploy 
the same upon weill holdine land, or upon oyr good and sufficient securitie for 
a rent payall to the s**- theasurer and patrons for the time, and y"^- successors for 
the use and behove of the s'*' poor and indigent persones to be taken into the s*" 
Hospitall in maner prescribed by the s""' prin"- mortificatne, as to the ordinar 
profits and arent yrof, which I doe heirby appoynt and ordaine to be imployed 
for intertaining and accommodating als many moe indigent persones of the 
qualitie fors"'-, as the samen will extend to, at the rate and conforme to the s*"' 
prin"" mortificatne of fourtie thousand merks money fors*^', and expresslie in the 
tearmes yrof ; and it is heirby speciallie provyded and declaired that it shall 
noways be in the power of the s''* theasurer and patrons and y'' successors in 
office, or any oyr persone, or persones, neither by nor w'out advyce or command 
to apply any pairt of the fors'^' soumes now added and eiked, and to be accu- 



MORTIFICATIONS TO HOSPITAL. 



251 



mulate in maner fors"*' for or to the supply and mentinance of the s"*" poor and 
indigent persones, or any oyr maner of way, but that the s*"" soumes heirby 
mortified and to be accumulate in maner fors'^' shall be eiked and joyned to 
the fors"*' prin"' soume of fourtie thousand merks mo''' fors"'' contained in the 
s**' prin"' mortificatne, and shall remaine y'w inteir, and be unbroken upon or 
meddled with, nor applyed to any oyr use, but to remaine as a perpetuallie 
mortified stock to the use and behove fors""' in all generatnes to come, and that 
the said theasurer and patrons, and y successors in ofiiee, shall stiU be lyable for 
and bound and obleidged. Lykeas, by yt'' acceptane heirof, they bund and 
obleidged y°" and y'' suceissors in office to keep, observe, performe, and fulfill 
the trust @ wryn hereby reposed in y™', in the haill circumstances and poynts 
yrof fors"""; and that the sd'" Lords of Counsell and Sessione be inspectors and 
overseers of the said theasurer and patrons as to this eik and additional mortifi- 
catne, conforme to the tearmes of my s"' prin"" and mortificatne in all poynts," &c. 



Terms of Mortifica- 
tions. 

Alexander's Mortifi- 
cation. 



Sir John Hall's Mortification. 

" The same day John Miller, theasurer of the Trinity Hospital, reported Council Records, 
that Sir James Hall of Dunglas had acquainted him that his father. Sir John ]°lj^^\QgQ' 
Hall of Dunglas, late Lord Provost of Edinburgh, hade mortified to the Trinity 
Hospitall, for the use of the poor thereof, the sum of ane thousand merks, which 1000 merks. 
he is ready instantly to pay, providing the @ rent thereof yearly be payed to 
the theasurer of the said Hospitall, for the use of the said poor ; which, being 
considered by the Council, they accept of the said sum of ane thousand merks 
with all kindness and thankfulness." 

The following entry occurs in the Hospital Accounts for the year from Hosp. Accounts, 
November 1695 to November 1696 :— ^* ^°^- ^*^^^ *° 

" Itt. of legacie lef t be the deceist Sir John Hall of Dunglass, ^ca; -lo a '< 



£666 13 4.' 



1696. 



David Lindsay's Mortification. 

" The same day John Miller, theasurer of the Trinity Hospitall, reported Council Records, 
that Alexander Lindsay had acquainted him that his father, David Lindsay, i7th''April'l696 
merchant, burgess of Edinburgh, and late baillie yrof, had mortified to the 
Trinity Hospitall, for the use of the poor thereof, the sum of five hundred 500 merks. 
merks Scots, which he is ready instantly to pay, provided the @ rent thereof 
yearly be payed to the theasurer of the said Hospitall for the use of the poor ; 
which, being considered by the Council, they accept of the said sum of five 
hundred merks with all kindness and thankfulness." 

The following entry occurs in the Hospital Accounts for the year from Hosp. Accounts, 
November 1695 to November 1696 :— 5* ^ov. 1695 to 

"Itt. from Baillie Lindsay, £333 6 8." 7th ^ov. ibse. 



252 



APPENDICES. 



Terms of Mortifica- 
tions. 

Hosp. Accounts, 
Xov. 1696-97. 
X200 Scots. 



William Grierson's Mortification. 

" Item, what he (the treasurer) received of William Grierson, mei'chant in 
Edinburgh, as a donation to ye said Hospitall, . . . £200 Scots." 



Hosp. Accounts, 
Nov. 1697-98. 

500 merks. 



Sir Robert Baird of Saughtonhall's Mortification. 

" Item, ye 500 m""' rec"*" of Sir Robert Baird of Saughtonhall as a donation 
to ye Hospitall, and £20 as one year's interest thereof, . . £353 6 8." 



Hosp. Accounts, 
Mart. 1699-1700. 

200 merks. 



Hosp. Accounts, 
Mart. 1701-2. 

500 merks. 



Hosp. Accounts, 
Mart. 1705-6. 

200 merks. 



Mr Trumble's Donation. 

" Item, received from Mr Trumble, as a donation left by his brother, the 
baxter, 200 m""- and £14 lib. of @ rents, . . . £147 6 8." 



Lady Pennecook's Legacy. 
" To cash receaved for Lady Pennecook's legacie, . 

Thomas Sievwright's Mortification. 



£351 13 4." 



" Thomas Sievwright's mortification and John Sievwright's gift, 

£133 6 8." 



Hosp. Accounts, 
Mart. 1710-11. 

£180 Scots. 



Hosp. Accounts, 
Mart. 1710-11. 

£333, 6s. 8d. 



Council Records, 
vol. xlv. pp. 141, 150. 
21st May and 13th 
June 1718. 

2000 merks. 



Mrs Wood's Mortification. 
" Received from Mistris Wood, .... £180 0." 

Bailie Murray's Mortification. 
" Received Bailie Murray's mortification, . ■ . . £333 6 8." 

Sir James M'Lurge's (of Vogrie) Mortification. 

"The deceast S'' James M'Lurge of Vogrie" had, by his testament or 
disposition, of date the 6th day of March 1711, "legated the sum of two 
thousand merks to the T. H." (Trinity Hospital). 

This sum was paid to the town, and it remained in its hands till the 
purchase of the estate of Dean in 1734. 



MORTIFICATIONS TO HOSPITAL. 253 



Sir John Clark's Mortification. 



Terms of Mortifica- 
tions. 



" The same day BailHe James Laing reported that Sir John Chirk, Peni- Council Records, 
cuik, Knight Baronet, had given a compliment to the Trinity Hospital of Fifty ^'o'- "iviii. p. 79. 
pounds sterling money, and accordingly paid in the same to James M'Ghie, Jan. 1/ 20. 
present theasurer of the said Hospitall." 

" From Sir John Clark of Pennicuik, . . . £600 0." Hosp. Accounts, 

Marts. 1719-20. 



Bessie Grant's Mortification. 



£600 Scots. 



'From Bessie Grant, ..... £666 13 4." Hosp. Accounts, 

1716-21. 



Gift by Town of Price of Patronage of Kirkurd. 



f 666, 1.38. id. Scots. 



" The same day, anent the petition given in be James M'Ghie and W"" Hosp. Records, 
Wightman, Thes"- of the Trinity Hospitall, for and in name and behalf of the gTh .ilfn'^^o^"'' 
s'*' hospitall, shewing that, .... the exigencies of the poor of the s*' hospital 
being great, and the fund for their supply (though managed with the greatest 
frugality) are but very scant, they therefore .... begged leave to represent 
that the Laird of Rachan was willing to purchase the right of patronage of 
the parish of Kirkurd, which belongs to the said hospitall, and that at such 
rate as was usuall in such cases, or should be found responsable. And as the 
s**' patronage has been of no manner of advantage to the hospitall for tyme 
past, and as litle probability of its being at any tyme heirafter, they take it 
that the honourable Counsel would judge it to be for the interest of the 
Hospitall that it be disposed of." . . . 

"The Counsel remitted the same to ane Committee of their number to 
consider and report," and afterwards approved of the report, which bore that 
they " did find that the patronage of the parish of Kirkurd was no pairt of the 
property of the Trinity Hospitall, but belongs to the good toun ; and were of 
opinion that the Counsel ought to dispose the same to James Geddes of Rachan 
upon payment of four hundred pounds Scots money as the pryse thereof. And 
were further of opinion in respect the state of the Trinity Hospitall Requyers 
assistance, and that this patronage is a part of the property of the Trinity 
Colledge, out of the revenue whereof the Trinity Hospitall was founded and 
formed. That therefore the price of this patronage be applyed for the behoof 
of the said Trinity Hospitall." 

The accounts contain the following entry : — 

"From Geddes, for the patronage of Kirkurd, disponed to Hosp. Accounts, 

him . . . . . . . £400 (Scots)." ^,,„ s,;,, 

vol. II. 2 K 



254 



APPENDICES. 



Terms of MortiBca- 
tions. 

Dated 15th May 
1723. 

Hosp. Records, 
vol. i. p. 21. 
15th July 1723. 

Book of Mortifica- 
tions and Rights of 
Presentation to 
Hospital, pp. 33-7. 

£200 stg. 



Hosp. Records, 
vol. i. p. 2. 
15th July 1723. 
500 merks Scots. 



Lady Grizel Sempill's Mortification. 

Mortification by Lady Grizel Sempill. Registered in the Books of Council 
and Session the first day of July 1723. 

" We, Grizel Lady Sempill, do hereby, with and under the reservations and 
provisions under written, bind and oblige us, our heirs, executors and successors, 
to pay to Andrew Donnel, merchant in Edinburgh, present treasurer of the 
Trinity Hospital at Edinburgh, or to his successors in office, for the use and 
behoof of the said Hospital, the sum of two hundred pounds sterling money, 
and that at the first term of Whitsunday or Martinmas next after my decease, 
with fourty pounds sterling money penalty in case of failzie, and annualrent for 
the said principal sum yearly, termly, and quarterly, and proportionally so long 
as the samen shall happen to remain unpaid after the term of payment above 
written, reser\"ing nevertheless full power and liberty to me at any time of my 
life, and even in the article of death, to alter and innovate these presents as I 
shall think fit, and even recall and cancel the same as we, the said Grizel Lady 
Sempill, shall think fit, and that by a deed or writing to be subscribed by 

myself alone But with express condition and provision always, as it is 

hereby expressly conditioned and provided, that in case these presents remain 
unaltered, or that the aforesaid sum be effectual to the said Hospital, that then, 
and in that case Elizabeth Dowger Countess of Stairs, during all the daj^s of her 
lifetime, and after her decease Archibald, Earl of Roseberry, our brother and 
his heirs and assignees shall have all time thereafter the power and liberty of 
pi-esenting to the said Hospital an old man or an old woman of the age 
required by the rules and constitutions of the Hospital, to be alimented and 
maintained in that Hospital, and upon the death of the person so to be pre- 
sented, to present another in the place of him or her deceasing, and so furth to 
present one from time to time in all time thereafter as oft soever as he or 
she presented shall happen to fail by decease, and whilk man or woman so to 
be presented from time to time the said Hospital and the guberuators and 
managers thereof shall be bound and obliged to aliment and maintain fully, as 
well as they do any other of the poor old men or poor old women in the said 
Hospital ; with and under which condition and provision these presents and no 
otherways, And we hereby recommend to the said Countess Dowager of Stairs 
during her life, and after her death to the Earl of Roseberry and his foresaids, 
to prefer in the presentation a poor old woman, if such a one as they are 
pleased with does occur to them at the time, and if a poor woman does not 
occur, then to present a man." 

Mrs Margaret Hamilton or Erskine's Mortification. 

" The Treasurer acquainted the Council that he had received payment of 
fyve hundred merks Scots that was mortified by the deceast Margaret 



MORTIFICATIONS TO HOSPITAL. 



255 



Hamilton, relict of Peter Erskine, druggist in Edinburgh, for the use of this TermB of Mortifica- 
Hospital." t'"ns. 



William Beown's (of Dalgourie) Mortification. 

Mortification by Master William Brown of Dalgourie. Registered in the Dated 5th August 
Books of Council and Session the third day of August 1723. ^^i^- 

" Be it known to all men by these presents, Me, Mr William Brown of 
Dalgourie, For as much as, I being Resolved and fully determined, out of an 
principal of pure charity and benehcence to the Trinity Hospital at the foot of 
Leith Wynd in Edinburgh, founded for the use and maintainance of old and 
decayed men and women, and out of respect to the memory of the deceased Mr 
James Brown, advocate, my father, who advised and desired me to mortify part 
of the means and estate he left me for the use of the poor, or any other pious 
use I pleased, in case I should not have children and heirs of my own body, 
which is also my own opinion and resolution ; And considering that the 
governors and treasurer of the said Hospital, are men of probity, integrity, and 
honesty, and as I am informed doe administer and manage faithfully the means, 
estate, and rents belonging to the said Hospital for the use and ends of that 
pious and charitable design. Therefore I do hereby make, constitute, and ordain 
the governors and treasurer of the said Trinity Hospital, situate at the foot of 
Leith Wynd, opposite the College Church, in Edinburgh, for the time being, 
and their successors in office for the use and behoof of the said old decayed 
men and women, being of good fame and reputation (preferring always any of 
my own relations, and those of the sirname of Brown, or Keith), in and to the 
soume of three thousand merks Scots money contained in a bond granted to 3000 inerka. 

John Lord Hay of Yester, and Charles Hay, Master of Yester to me In 

and to the sum of one thousand merks contained in ane bond granted by Mr looo merks. 

Matthew St Clair of Hermiston, doctor of medicine .... declaring the samen 

sums not to be payable till after my decease ; And in and two the annualrents 

of the said principal sums that shall be resting the time of my decease and in 

all time thereafter during the not payment thereof with the penalties thereof, 

and in and to the said bond, hail heads, clauses, and articles thereof, and to all 

that may follow thereupon, turning and transferring the samen from me to and 

in favors of the saids governors and treasurer of the said Trinity Hospital, with 

full power to them and their successors in office to ask, crave, receive, intromit 

with, and .... reserving to myself power and liberty of cancelling, altering, 

or changing this present assignation and uplifting the foresaid sum in haill or 

in part at any time in my lifetime. And in case by the rules and constitutions 

of the said Hospital, any who gives or mortifies the sum of three thousand 

merks Scots money shall have the right of presentation and patronage of any 

old decayed man or woman to the said Hospital, I do hereby assign and 



256 



APPENDICES. 



Terms of Mortifica- 
tions. 

Brown's Mortifica- 
tion. 



Commissary Records, 
28th August 1723. 
3000 merks. 



Hosp. Records, 
vol. i. p. 23. 
27th July 1724. 



dispone to Charles Brown of Colsfcown, and his heirs of line, male, talzie, 
conquest, and provision, who shall use and bear the sirname, arms, and 
designation of Brown of Coalstown, secluding singular successors and 
assignees ; And failzieing of them as above said, I assign and dispone the said 
right of presentation to the Provost, Bailies, and Town Council of Edinburgh 
for the time being, and their successors in office ; And I request and desire the 
Lords of Council and Session to interpret this, my assignation and mortification, 
in the most favourable and benign sense and manner, for the ends and 
purposes." .... 

George Watson's Mortification. 
Testament of George Watson, merchant, burgess of Edinburgh. 

Inter alia, — "Item, he appointed 3000 merks of the said sum (of 
20,000 merks) to be paid to the Trinity Hospitall, as by the constitution of 
that Hospitall will maintain a man or a woman therein of the name of Watson 
or Davidson, preferring always the name of Watson to the name of Davidson." 

"The same day the Treas" reported that he had received from John 
Parkhill, as Treas'" to the Merchant Company, ane assignation and translation 
to a bond of Two hundred pounds sterling money, granted by John Hay, 
merch'-, and late Baillie of Edin'-, to the deceast George Watson, merchant, and 
which sum of Two hundred pounds sterling money was mortified by the said 
George Watson to this Hospital, and by which right the Merchant Company 
had a presentation of an old man or woman to this hospitall." 



Hosp. Records, 
vol. i. p. 24. 
11th Jan. 1725. 
1000 merks. 



William Wairdrop's Mortification. 

" The Treasurer reported that Andrew Wairdrop, glazier, had payed into 
him the sum of One thousand merks mortified to this Hospitale by the 
deceased William Wairdrop, dyster, his brother-german." 



Hosp. Records, 
vol. i. p. 32. 
9th Dec. 1728. 
700 merks Scots. 



John Wightman's (of Mauldsly) Mortification. 

" The same day the Thesaurer reported that John Wightman of Mauldsly, 
late Lord Provost of Edinburgh, had mortified and paid into him the sum of 
TOO merks Scots money towards extinguishing the late heavy reperations 
expended in repairing the Hospitall ; and also that he the said John Wightman 
had mortifyed to the Hospitall the sura of £200 sterling, in order to have the 
right and privilege vested in him his heirs and successors whatsomever, of 
presenting a man or woman to be admitted into and maintained in the said 
Hospitall, in the termes of the statutes thereanent, which being considered by 
the Councill, they in respect of the said mortified sum of £200 sterling, granted 



MORTIFICATIONS TO HOSPITAL. 



257 



and disponed, and hereby grant and dispone to the said John Wightman and Terms of Mortifica- 

his heirs and successors whatsoever, the right and privilege to present a man tion«- 

or woman to the Councill of Governours of this Hospitall, who shall he wightman's Morti- 

qualified in all respects as the statutes made in that behalf directs, who shall be ecation. 

admitted into and maintained in the said Hospitall at the end of six months 

from the date of the said mortification, which commences upon the 

day of next ; and also the right to present a man or woman qualified 

as above at any time after the decease of the person formerly presented: 

Providing always that no person be presented by the said John Wightman, his 

heirs and successors whatsomever, upon the decease of another until twelve 

months are elapsed after the last person's decease." 

In the discharge of the Treasurer's Accounts for year 1st November 1728 
to 1st November 1729 occurs this entry : — 

"Lent to John Erskine, of Balgownie, on his heritable bond to the 
Hospital, dated 20th March, bearing interest from Candlemas 1729, Provost 
Wightman's Mortificatione, of which the Skinners of Edinburgh have the 
presentation." 

The Incorporation of Skinners now present. 



Hosp. Records 
vol. vi. p. 357. 

9th August 1797. 



Rodger Hog and Thomas Hog's Mortifications. 



£200 stg. 



" The same day the Thesaurer reported that Rodger Hog, merchant, and Hosp. Records, 
late Baillie of Edinburgh, deceased, had mortified to this Hospitall £200 sterling ™[-i^JP- 33-^^ 
money, for the right and privilege of a presentation of a man or woman to be 
admitted into and maintained in the said Hospitall, in the termes of the statutes 
thereof, and that John Hog of Cambo, collector of the cess of Edinburgh, his 
brother -german and heir, was willing to grant bond to the Hospitall for the 
said sum of £200 sterling, bearing @ rent from Martinmas last 1728 years, and 
to sink five years' interest thereof from that term to the term of Martinmass 
1733 years, towards extinguishing the late heavy expenses laid out in making 
necessary reparations in the said Hospitall before he used the right of presenta- 
tion aftermentioned, and that upon his obtaining a right of presentation in the 
termes of the statutes, which being considered by the Councill, they authorised 
the said Andrew Gardner, their thesaurer, to accept of the said John Hog's 
bond for the foresaid mortified sum of £200 sterling, bearing annual rent as 
@ ; and the bond being so granted and received by the Thesaurer, the 
Councill have granted and disponed and hereby grant and dispone to the said 
John Hog and his heirs and successors whatsomever, the right and priviledge 
to present a man or woman to the Councill of Governours of this Hospitall, 
who shall be qualified in all respects as the statutes made in that behalf directs, 
who shall be admitted into and maintained in the said Hospitall, and to begin 
and commence at the said term of Martimass 1733, and to be presented as 



258 



APPENDICES. 



Terms of Mortifica- 
tions. 

Hog's Mortification. 



Hosp. Records, 
vol. vii. p. 147. 
27th Au-r. 1806. 



£50 stg. 



Dated 13th Dec. 
1726. 



£2400 Scots. 



above; and als grant and dispone to the said John Hog and his heirs and 
successors whatsoever, the right and priviledge to present a man or woman 
qualified as above at any time after the decease of the person formerly 
presented: Providing always that no person be presented by the said John 
Hog or his heirs and successors whatsomever upon the decease of another, 
until twelve months are elapsed after the last person's decease." 

" A memorial for Thomas Hog of Newliston, who was in right of a donor 
of the sum of £200, willing to make a further payment of £50 to bring him 
under the 3d of the Statutes of 1720, was read, and followed by a minute in 
these terms : Which memorial having been considered by the ]\Iagistrates and 
Council, they as Governors and administrators of said Trinity Hospital, agreed 
that on the memorialist's making payment of the sum of One hundred pounds 
sterling to Mr James Carfrae, treasurer of the said Hospital, for behoof thereof, 
to grant to the said Thomas Hog, Esquire, and his heirs and successors whom- 
soever, the right and privilege to present a man or woman to the Council of 
Governors of said Hospital not under fifty years of age, whether a burges 
of this city or not, to be entertained therein agreeable to the statutes and 
acts of said Hospital made thereanent : Providing always that no person 
shall be presented by the said Thomas Hog, Esq., or his heirs and successors, 
upon the decease of another, until twelve months are elapsed after the death of 
the former presentee." 

Robert Murray's Mortification. 

Mortification by Mr Robert Murray, merchant in Edinburgh, dated 13th 

December 1726. Registered in the Town Court Books of Edinburgh the 

10th of December 1730. 

"I, Robert Murray, merchant in Edinburgh, do hereby bind and oblige 
me, my heirs and successors, with and under the reservation and declaration 
hereafter mentioned, to pay within the space of year and day next after my 
death, the soume of two thousand four hundred pounds Scots money to the 
treasurer of the Hospital of Edinburgh, commonly called the Trinity Hospital, 
for alimenting and maintaining in the said Hospital, according to the rules 
and constitutions thereof, a needy or poor person of good character and 
reputation, to be presented by my trusty friend Mr Joseph Cave, engraver to 
His Majesty's mint in Scotland, or by his heirs or successors, and for aliment- 
ing and maintaining in the said Hospital such another person of good 
character, as in the event of a vacancy by the death or removal of the person 
so presented and maintained in the said Hospital, he, the said Mr Joseph Cave 
or his foresaids shall happen to present to be maintained there, and so furth 
for alimenting and maintaining such a person of good character as he, the said 
Mr Joseph Cave or his foresaids, shall from time to time present to be 
maintained there, so oft as a vacancy occurs by the death of him or her who 



MORTIFICATIONS TO HOSPITAL. 



259 



shall have been formerly maintained in the said Hospital upon the foresaid Terms of Mortifica- 
fund." .... _ '^• 

" On production of this deed and satisfaction of the legacy by Murray's Hosp. Records, 
trustees, the Council, for the reasons foresaid, have in the terms of the foresaid ^ol. i. p. 43. 
deed of mortification, granted and disponed and hereby grant and dispone to ^^''' ^°^' ^''^^' 
the said Mr Joseph Cave and his heirs and successors, the right and privilege 
to present a man or woman to the Council of Governors of this Hospital, 
who shall be qualified in all respects as the statutes of the Hospital made in 
that behalf directs, who shall be admitted into and maintained in the Hospital 
in the end of six months after payment of the foresaid mortified sum, and also 
grant and dispone to the said Mr Joseph Cave and his foresaids, the right and 
privilege to present a man or woman to the said Hospital qualified as above, at 
any time after the decease of the person first presented : Providing always that 
no person be presented upon the decease of another uutill twelve months 
are elapsed after the last person's decease." 



Robert Wilson's Mortification. 



Sth .Tan. 1728. 



" The same day the Thesaurer reported that one Robert Wilson, burges of Hosp. Records, 
Edinburgh, deceast, by his disposition subscryved by him of the date the sixth yol- i.- p- 30. 
of February 1724 years, had sold and disponed to and in favours of Janet 
Wilson his daughter, and to the heirs and bairns lawfullie to be procreat of 
her bodie, which failzieing, to the Trinity Hospitall at the foot of Leith Wynd, 
these his tenement of land and their pertinents lying in the Cowgate, 
immediately below the foot of the Colledge Wynd, and that under certain 
restrictions and conditions in manner therein mentioned. That the said Janet 
Wilson had dyed without issue, and that the substitution had now fallen to the 
Hospitall. But that the said disposition laboured under this nullity, to witt, 
that the granter did not outlive 60 days from the date thereof, and had 
neither been at kirk or mercat, and that one Isobell Bickerton, a town's 
pensioner, who was the granter's lineall heir, had a designe to serve herself 
heir to him and therby disappoint the will of the granter, unless some proper 
and cautious methods were fallen upon to prevent it. Which being considered 
by the Councill, they appointed Baillie Fenton, Thesaurer Donaldson, Provost 
Drummond, and John Keir, or any two of them, as a Committee to call the said 
Isobell Bickerton before them, and to be aiding and assisting to the Thesaurer 
in using their endeavours to procure her to ratifie and approve of the said 
disposition, so as to make the same effectuall to the Hospitall." 



John Young's Mortification. Hosp. Records, 

"The same day John Young, Taylior, having mortified to this Hospital 1 5th Nov. 1732. 



260 



APPENDICES. 



Terms of Mortifica- 
tions. 

Young's Mortifica- 
tion. 

£250 stg. 



Hosp. Records, 
vol. i. p. 44. 
12th Feb. 1733. 



£250 stg. 



two hundred and fifty pounds sterling, with half a year's rent thereof, the 
Council allowed him to present William Young, his brother, and after his 
decease granted him a presentation at large in terms of the statutes, and 
appointed the Treasurer to be charged with the said mortification and interest." 

" At Edinburgh, the 12th day of February, in the year one thousand 
' seven hundred and thirty-three. 

" Which day the Eight Honourable the Lord Provost, Magistrates, and 
Council of the City of Edinburgh, governors and administrators of the Trinity 
Hospital, being assembled. There was given into the Council a petition by 
John Young, tailor, burgess of Edinburgh, shewing that some considerable time 
ago the petitioner, out of a pious intention, mortified to the said Trinity 
Hospital the sum of two hundred and fifty pounds sterling money, and six 
months' interest of the same, and thereupon the Council, by their Act dated the 
fifteenth of November last, were pleased in the terms of the statutes to allow 
him then to present a man to the said Hospital, and also to grant and dispone 
to him and his heirs and successors the right and privilege to present any 
person whatsoever he should think fit, who would be qualified in all respects as 
the statutes of the said Hospital made in that behalf directs, at any time after 
the decease of the person formerly presented, as in the said Act was at more 
length narrated ; And now that he had not taken out the extract of the said 
Act of Presentation, and that thereby it was still in the power of the Council to 
grant it in the terms after-mentioned, viz., That failing heirs of his own body, 
the substitution of presenting might run to and in favour of the Incorporation 
of the Taylors of Edinburgh, with this reservation, that if any of his brothers, 
sisters, or their children should be in that situation of life to apply for the same, 
the Taylors of Edinburgh be obliged to present such relation, and which failing, 
that their presentation should be to none other than a burgess, a burgess' 
relict, or burgess' children conform to statutes, which could be of no manner of 
loss or prejudice to the Hospital, and would be an encouragement to others to 
make like donations when such a small request was granted them. Craving 
therefore it might please the Council to order his right of presentation after the 
decease of the person he has already presented to run in favors of him, the said 
John Young, and the heirs of his body, and which failing, to and in favours of 
the said Incorporation of the Taylors of Edinburgh, with the reservation above 
mentioned, and to ordain the Act of Presentation to be extracted accordingly, as 
the petition subscribed by the said John Young bears ; Which being considered 
by the Council, they for the reasons therein set forth altered the former right 
of presentation, and of new granted and disponed to the said John Young 
during all the days of his lifetime, and after the decease of William Young his 
brother-german already presented lay him, and failing also the said John Young 
himself by decease and heirs of his own body granted and disponed, and hereby 



MORTIFICATIONS TO HOSPITAL. 



261 



grant and dispone to the Incorporation of the Taylors of Edinburgh the right Terms of Mortifica- 

and privilege to present a man or woman to the Council of Governors of this '^'°"^ - 

Hospital, who shall be qualified in all respects as the statutes of the Hospital young's Mortifica- 

made in that behalf directs, who shall be admitted into, and maintained in, the tion. 

said Hospital according to the known custom thereof, but with this express 

reservation and condition, that if any of the said John Young, his brethren or 

sisters, or their children shall be in that situation of life as to apply for being 

admitted upon the foresaid mortification, that then and in that case the said 

Incorporation of the Taylors of Edinburgh shall be obliged to present any such 

relation of the said John Young's, and which failing that their presentation 

shall be none other than a burgess, a burgess' relict, or burgess' children, 

conform to the statutes, providing always that no person be presented either by 

the said John Young himself, or any other in the substitution above-mentioned 

until twelve months are elapsed after the last person's decease." 

By disposition, dated 5th, and recorded in the Books of Council and Session 
the 24th September 1798, Young's heirs conveyed the right of presentation to the 
Incorporation of Tailors, who in turn by disposition and conveyance, dated 13th 
September 1828, in consideration of the price of £300, conveyed their right of 
presentation to the Incorporation of Cordiners. This conveyance contains 
warrandice against claims by the founder's kin. It was on 22d October 1828 
confirmed by the Provost and Magistrates, " but without any warrandice against 
them as Governors of the Hospital." 

Alexander Brown's Mortification. 

" The same day the Treasurer reported that Alexander Brown, pewtherer, Hosp. Records, 
burges of Edinburgh, deceased, had by his disposition, dated the 3d of March i2th'No'v*i733 
1733, registered in the Burgh Court Books of Edinburgh the fifth of April said 
year, left to this Hospital the sum of nine hundred merks Scots money, to be 900 marks. 
paid at the first term of Whitsunday or Martinmas after year and day from the 
said Alexander Brown's decease," etc. 



Mrs Mackilwraith's Mortification. 

" Mrs Ann Mackilwraith has disponed a house at the foot of Peebles Wynd Hosp. Accounts, 

to the Hospital, reserving her own and the liferent of Ann Lumsden, her niece." 1729-1734. 

^ T /I 1 A o Hosp. Accounts, 

±,74 lU » 1793-94. 



Sold to South Bridge trustees for, including interest, 
She also paid ..... 



43 



£117, lOs. 8d. 



Andrew Gardner's Mortification. 

" I, Andrew Gardner, merchant in Edinburgh, and late treasurer to the Co"ncil Records, 
Trinity Hospital, at the foot of Leith Wynd, for certain weighty causes and ^q^^^ § " j| jygg^ 
VOL. II. 2 L 



262 APPENDICES. 



Terms of Mortifica- considerations me moveing, Do hereby bind and oblige me, my heirs, executors 
tions. and successors whatsoever, to contract and pay to Thomas Gardner, merchant, 

Gardner'3 Mortifica- ^^^ present treasurer to the said Trinity Hospitall, and his successors in office, 

tion. the sum of ten pounds sterling annually, or such a sum as shall correspond or 

answer to the legal interest of two hundred pounds sterling money, principally 
during all the days and years of my lifetime, at the terme of Candlemas and 
Lambmass yearly by equal portions, beginning the first term's payment thereof 
at Candlemas next (17.36) years, and so forth at each term of Lambmas and 
Candlemass during my lifetime, which sum is to be applied for the better 
mentinance and support of one or more decayed Burgesses of Edinburgh, or of 
one or more widows or children of such Burgesses, or of such other objects of 
charity as I shall name during my lifetime, and shall be paid them at such 
times and in such proportions as I shall direct by a writt under my hand, 
thereby oblidging myself and my foresaids that one half of the said annual sum 
of ten pounds sterling shall be bestowed on a burgess of Edinburgh, widow or 
child of Burgess, and when it shall please God to call me by death, I bind and 
oblige me and my foresaids to content and pay to the said Thomas Gardner, 
treasurer to the said Hospital and his successors in office, for the use and behoof 

£200 st^. of the said Trinity Hospital, the sum of two hundred pounds sterling money 

against the first term of Whitsunday or Martinmas next after my decease, and 
that under the penalty of fourty pounds sterling money of liquidat penalty in 
case of failzie, together also with the due and ordinary annual rent of the 
foresaid two hundred pounds sterling, from and after the foresaid term of pay- 
ment whenever the same shall happen, and ay and while payment thereof. 
Declaring, nevei'theless, that it shall be leisem and lawfull of the Council of 
Edinburgh, as Governors of the said Trinity Hospitall for the time, to appoint 
the yearly annual rent or interest of the said principal sum of two hundred 
pounds sterling money to be paid to the same persons, and in the same way and 
manner as the same was and has been in use to be paid during my lifetime, 
and upon the death or removal of any of them, to such oyr Burgess, widow, or 
child of a Burgess, or oyr proper object of charity as shall by my heir be 
appointed to succeed, the one half being always to be bestowed on a Burgess as 
aforesaid, but if after tryall at any time hereafter it shall appear to the Council 
of Edinburgh, Governors foresaid, and to me and my heirs, that the whole of 
the interest of the said principal sum should be applied for the maintenance of 
an old man or woman in the said Hospital, then and in that case, my said heirs 
shall be entitled to the right of presentation of a person to be maintained and 
received into the said Hospital, qualified in all respects as directed by the 
statutes of the Hospital, consenting to the registration hereof," etc. 

After various communings with regard to this mortification, the Governors, on 
.31st July 1745, "granted to Thomas Gardner and his heirs the power and privi- 
lege of presenting a member of the Trinity Hospital, from time to time qualified 
in all respects, as is provided by the statutes in favour of the donor of £200 
sterling, and subject to all regulations made by Acts of Council relative thereto." 



MORTIFICATIONS TO HOSPITAL. 263 



Rebecca Brown's Mortification. Terms of Mortifica- 

tiona. 

" Reported by Thomas Young, city treasurer, that the deceased Rebecca q^^^^^ r^„.(Js 

Brown, residenter in Leith, did make a gift of two hundred pounds sterHng to vol. hi. p. 2S.3. ' 

the Trinity Hospital, to be payable at her death by her executors." l'''^ March 1736. 

The legacy was settled by the executors delivering a bond for £200 by John £200 stg. 

Cockburn of Ormiston and his brother. • 



Rev. William Brown's Mortification. 

Testament of Mr William Brown, one of the ministers of the gospel at Commissary Records, 
Edinburgh, who died upon the 23d of March 1736. 30th Sept. 1736. 

Inter alia, — " I also do hereby dispone and bequeath to the Trinity Hospitall 
in Edinburgh the sum of two hundred and fBfty pounds sterling, and the £250 stg. 
presentation to be in the hands of the ministers of the Old Greyft'riers by turns, 
begining at the eldest : Likeways one thousand merks money to each of mj;- 
two sisters, and failzing them, to their children ; also one thousand merks 
money foresaid to the Orphan Hospitall of Edinburgh : all which sums of 
money to be payable the first time after the death of my said spouse" 
(Bridget Balfour). 



James and William Melrose's Mortification. 

"Considering that Mr James Melrose, merchant in Edinburgh, deceased, by Hosp. Records, 
his letter will and testament, dated the 21st of August 1732, registered in the sth Au|ust 1737 
Town Court Books of Edinburgh the 28th of February 1734, did legate and 
bequeath to William Melrose of Witham, in the County of Esses in England, 
his brother-german, the sum of Six hundred j^ounds Scots of principal, and 
@ rents thereon due, contained in a bond granted by the deceast Henry Ker 
of Frogdon, to him, dated the 16th of July 1707 : Also, the said Mr James 
Melrose did leave and bequeath to the Trinity Hospital for the use and behoof 
thereof, the sum of Two hundred pounds Scots of principal, and annual rents £200 Scots. 
due thereon, contained in a bond granted by James Goodall, younger of Abbots- 
haugh, to him, dated the 31st of May 1712: Also, the said William Melrose, 
by his letter of attorney to John Anderson, coppersmith in Edinburgh, dated 
the 21st of July 1736, appointed him to sue for and recover the said sum of Six £600 Soots, 
hundred pounds Scots from the representatives of the said Henry Ker of 
Frogdon, and to apply the same and all interest and increase thereof when 
received to the only use and benefit of the said Trinity Hospital." 



264 APPENDICES. 



Terms of Mortifica- 
tions. Mrs Janet Melvill's Mortification. 

^c^'M'K°en^Offic'c " "^^ ^*' ^^^^^^ ^° ^1^ '^^^ ^Y 'hese presents, me, Janet Melvill, relict of Mr 

voL'iei, part 2. '^' Andrew Melvill, doctor of medecine in Edinburgh, for as much as I, by my 
7th Nov. 1737. right and disposition of the date the sixth of May seventeen hundred and 

thirty years, for the causes therein specified, did give, grant, and dispone to the 
deceast Mr Andrew Melvill, minister of Monymeall, and to the heirs lawfully 
procreat or to be procreat of his body, which failling, to the other persons 
therein named. All and haill the lands, sums of money, and others, with and 
under the severall burdens and reservations therein exprest, and seeing that 
the said Mr Andrew Melvill has now departed this life, and that the children 

procreat and left by him are all under age Therefor wit ye me to 

* ^' have mortified : Likeas I hereby mortifie the sum of two hundred and fifty 

pounds sterline, or such other sum as by the rules and constitutions of the said 
Trinity Hospitall shall entittle me and my heirs, or such other persons as I 
shall apjDoint, to present any one person quhatsoever, whether burgess or not, 
to be maintened in the said Trinity Hospitall : and so often as the person 
so presented shall happen to dye or leave the said Hospitall, to supply the 
vaccancy by naming and presenting another in place of the person so dying or 
leaving the Hospitall, according to the rules of the said Hospitall : And I do 
hereby mortifie the sum of two thousand merks, or such other sum as by the 
laws and constitutions of the said Maiden Hospitall, founded by the Company 
of Merchants and Mary Erskine, shall entittle me and my foresaids to name 
and present any one girl quhatsoever, however descended, whether the daughter 
of a merchant, governor, or benefactor to the said Hospitall or not, without 
distinction, to be educated and maintened in the said Hospitall, according to 
the rules and orders thereof : And I do hereby appoint the said respective sums 
of two hundred and fifty pounds sterline, and two thousand merks Scots, to be 
paid by the heirs of the said Mr Andrew Melvil's body, or others succeeding to 
the subjects particularly conveyed by the said right and disposition, into the 
treasurer of the said respective Hospitals, or such other person as by the rules 
and constitutions thereof are impowered to receive such donations, at the first 
term of Whitsunday or Martinmas after my decease, with a fifth part of the 
said sums, respective of penalty, in case of failie, and with the due and ordinary 
annual rent of the said principal sums during the not payment after the said 
terms of payment : Hereby declaring that the said right and disposition in 
favours of the said Mr Andrew Melvill and the heirs of his body, and other 
persons therein substituted to them, to be expressly burdened with the said 
respective sums mortified as above, and obliging them : Likeas they, by their 
acceptance of the said right and disposition, oblige themselves to make payment 
thereof at the terms and to the persons above appointed : And I hereby im- 
power the governors and managers of the said respective Hospitals to call and 
pursue for the said sums of money respectively mortified as above, from the 



MORTIFICATIONS TO HOSPITAL. 



265 



persons hereby made lyable in payment thereof : And in respect that it is my Terms of Mortifica- 
will and pleasure that the right of naming and presenting proper persons to ' ^'°"^" 

the said respective Hospitals, in consequence of the above donations, shall not Melvill'a Mortifica- 
devolve to my nearest of kin: Therefor I hereby declare that the right of tion. 
patronage, and presenting and supplying the vacancies as said is, shall belong 
to the heirs of the said Mr Andrew Melvill's body and the heirs of their bodies ; 
and failing them, to the other persons substituted to them in the said dis- 
position, in the order therein laid doun, and during the pupillarity and minority 
of the heirs of the said Mr Andrew Melvill, to be in the persons above named, 
to be tutors, curators, and administrators to them, with power to them to name 
proper objects, and present them to be educated and maintained in the said 
respective Hospitals, and to supply the places of such of them as shall dye or 
leave the said Hospitals as often as such vacancies shall happen, and generally 
every other thing that by the rules and constitutions of the said Hospitals to 
the right of presentation and patronage does belong." .... 



Mrs Campbell or Wightman's Mortification. 

"At Edinburgh, the 8th day of February, in the year 1744. g^gp Kecords, 

" Which day the Right Honourable the Lord Provost, Magistrates, and vol. ii. pp. 131-33. 
Council of the City of Edinburgh being assembled, there was presented and read Vj^}f^ ^^^ ^^^' 
a petition by Mrs Catharine Campbell, relict of John Wightman of Mauldslie, 
late Lord Provost of Edinburgh, setting furth that the petitioner, out of regard 
to this city and the welfare of the poor burgesses thereof, had resolved to 
mortify to the Trinity Hospital the sum of two hundred pounds sterling for the £200 stg. 
maintenance of old decayed burgesses or their widows or children, and hoped 
the Council would thereupon grant to the petitioner, and her heirs and suc- 
cessors, the usual powers and privileges gr-anted to donors of the like sum by 
the statutes of the Hospital. Which petition, together with a report from a 
committee of the said governors, to whom the same was remitted, having been 
considered by the Magistrates and Council, with the deacons of crafts, ordinary ' 

and extraordinary governors and administrators of the said Hospital, they ap- 
proved of the said report ; and in the terms thereof agreed (upon the petitioner's 
making payment to Thomas Trotter, treasurer to the said Trinity Hospital, of 
the sum of two hundred pounds sterling, and with and under the condition 
after-mentioned) to grant a power and privilege to the petitioner, and her heirs 
whatsoever, of naming and presenting any one person after the decease of 
another to be entertained in the said Hospital as a member thereof, such person 
to be thus named and presented being always burgesses, or the relicts or 
children of burgesses, not married, nor under the age of fifty years ; and that 
the person that shall happen to be first presented by the petitioner shall not be 
received into the Hospital until the elapse of six months from the time the said 
two hundred pounds shall be paid into the said Hospital ; and that the petitioner 



266 



APPENDICES. 



Terms of Mortitica- 
tions. 

Mrs Wightmau's 
Mortification. 



and her foresaids shall not be at liberty to present of new until after the elapse 
of a year and day after the decease of the person last presented : And which 
power and privilege is granted with and under this condition, and no otherways: 
That in case at any time hereafter the interest or annualrent of money shall by 
law be reduced to a lower rate than five per cent., upon the death of every poor 
pei'son or hospitaler who shall be exliibited or presented in virtue of these 
presents, after annualrents or interest shall be so diminished, his or her room 
and place shall be, and remain, vacant and unfilled up until the annualrents 
arising and falling due from the said stock of two hundred pounds, on which 
they fall to be alimented, shall run up to a sum which, when conjoined with the 
said stock, shall produce an annualrent or interest equal to what the said two 
hundred pounds does now produce at the rate of five per cent. ; and that all 
future grants, powers, and privileges of exhibiting and presenting should be 
expressly with and under the above condition, and no otherways." 

This presentation is now vested in the Lord Provost, Magistrates, and 
Council, as Governors of Trinity Hospital, under conveyance by Robert Auld 
in their favour, dated 8th, and registered in the Burgh Coui-t Books of 
Edinburgh 10th July 1797. 



Hosp. Records, 
vol. ii. p. 221. 
6th Dec. 1750. 



£100 sterling. 



Patrick Gordon's Mortification. 

"Patrick Gordon, watchmaker in Edinburgh, by his deed of legacy dated 
the thirteen and regisd. in the said Buitow Court Books of Edinburgh the 
twenty-eighth days of the said months of June last, did legate and bequeath to 
the managers of the Trinity Hospital in Edinburgh, for the use of the said 
Hospital, the sum of one hundred pounds stei-ling." 



Hosp. Records, 
vol. iii. p. 117. 
22d March 1758. 

Hosp. Account's, 

1753. 

£200. 



James Wilkie's Mortification. 

" Baillie Patrick Lindsay produced in Councill an extract of a disposition 
and assignation by James Wilkie of Balchristie, merchant in Edinburgh, 
whereby he assigns and makes over the sum of two hundred pounds to and 
in favours of the Trinity Hospital, and to the Governors of the said Hospital 
and their successors in oiEce for the time, towards the maintenance and sub- 
sistance of an old man or woman there, of the surname of Wilkie to be pre- 
ferred, and failing of such to any other person of any other name, that William 
Hog, merchant in Edinburgh, or Thomas Hog, merchant there, his son, or 
John Webster, writer in Edinburgh, shall appoint to be maintained in the 
said Hospital, to be presented by the above named persons from time to time, 
and failing of them by decease hy the whole ministers of Edinburgh for the 
time, which disposition and assignation is dated the 11th day of Jmie 1750, 
and registered in the Commissary Court Books of Edinburgh the 23d day 
of March 1753 years." 



MORTIFICATIONS TO HOSPITAL. 



267 



John Gordon's Mortification. Terms of Mortifica- 

tions. 

" Baillie Robert Forrester represented in Council! that he had got a letter ,, „ , 

from Thomas Trotter, treasurer to the Trinity Hospital, bearing that he, the vol. lii. p. 30. ' 

said Mr Trotter, had upon the twenty-first current received one hundred pounds 27th No%'. 1754. 

sterling from the representatives of Mr John Gordon, late factor to the Earl £100 stg. 
of Hopetoun, as a legacy bequeathed by him to the Hospital." 

Thomas Crockat's Mortification. 

" I, Thomas Crockat of Johnstonburn, merchant, and late Dean of Guild Hosp. Records, 
of Edinburgh, being fully resolved to mortify of my means and estate the gth m ''I'ss 
sum of ten thousand merks Scots money to the Trinity Hospital at the foot Datrd I6th April 
of Leith Wynd, Edinburgh, do, by these presents, Bind and Oblige me, my 1761. 
heirs, executors, and successors, to make payment to the treasurer of the said 
Hospital for the time, for the use of the said Hospital, of the said sum of ten 10,000 merks. 
thousand merks Scots money of principal at the first terra of Whitsunday or 
Martinmas next after and immediately following the decease of me and of Mary 
Cave, my present spouse, and longest liver of us two, with one thousand merks 
of penalty in case of failie, and annualrent of the said principal sum during the 
not payment thereof, after the said term of payment : Providing always that the 
Governors of the said Hospital shall receive into the Hospital so many old 
men or women as the interest of the said mortified sum will maintain, in terms 
of the statutes and regulations of the Hospital, and shall keep and entertain 
them accordingly; and that the said Governors prefer my nearest of kin, of 
whatever sirname, before all persons whatever, and next to them shall prefer 
such old men or women as have the sirnames underwritten, in the order after 
set down, before all person of other names : To wit, — They shall prefer, first, 
the sirname of Crockat ; secondly, the sirname of Evan ; thii-dly, the sirname 
of Shiells ; fourthly, the sirname of Cave ; fifthly, the sirname of Bro\vn ; 
sixthly, the sirname of Murdoch ; seventhly, the sirname of Ker ; eightly and 
lastly, the sirname of Young ; and I hereby nominate and appoint the minister 
and kirk-session of Wester Greyfriar Church in Edinburgh for the time to be 
patrons of the said mortification, and to present the persons who are thereupon 
to be maintained in the said Hospital, give preference as before described." .... 



Act of the Governors agreeing to receive one nominee on this mortifica- 
tion at Whitsunday 1797, and that the interest of the remainder of the money, 
after setting aside £50 for the presentee, shall remain with the Hospital until 
the surplus remaining sum of £20.5, lis. l*d., with simple interest at 5 per cent., 
shall amount to £3.50, when the kirk-session shall be allowed to name second 
nominee, due Whitsunday 1811. 



Hosp. Records, 
vol. vi. p. 340. 



268 



APPENDICES. 



Terms of Mortifica- 
tions. 

Dated 21st Aug. 

1758. 

Reg. of Deeds, etc. 

Dalr. Office, 

vol. 195. 

19th June 1764. 

Hosp. Records, 

vol. iv. p. 17. 

30th April 1766. 

lb. vol. iv. p. 58. 
1st June 1768. 



Thomas Fraser's Mortification. 

Disposition and Assignation — Thomas Fraser to his Trustees, per 

Hay Campbell. 

" Be it kno^v^l to all men by these presents, me, Thomas Fraser, writer in 
Edinburgh, and of the city clerk's office there : Forasmuch as I am fully 
resolved to dispone and make over my means and effects in favours of the 
persons after named my trustees, Therefore, and for certain good causes and 
weighty considerations moving me to the granting of these presents, to have 
assign'd, transferred, and disponed, and I hereby for the ends and purposes and 
under the conditions after mention'd, assign, transfer, and dispone from me my 
heirs, and all others my assignies, to and in favours of Charles Fraser of 
Inverallachy, Esq., Alexander Fraser of Strichan, one of the Senators of the 
Colledge of Justice, Robert Fraser of Markness, near Inverness, James Fraser, 
apothecary at London, lawfull children of the deceast Alexander Fraser, late 
of Phapachy, George Fraser, deputy-auditor in the excise office in Scotland, 
William Fraser, jun., wi-iter to the signet, William and John Erasers, writers 
to the signet, William Leslie of Melross, living in the town of Banff, whose 
grandfather George Leslie, late of Birdsbank, and late sherifF-clerk of Banff, 
was my uncle on the mother side, Robert Grant, writer to the signet, John 
Spottiswood of Spottiswood, Esq., and Doctor William Fraser, for present in 
England, my nephew, and any three of them, the said William Fraser junior 
being alwise one of the three whom I hereby appoint to be a quorum, and 
failling of all of them by decease or non-acceptance, to the Honourable Lord 
Provost, Dean of Guild, and Treasurer of the city of Edinburgh, and their 
.successors in office for the time being, All and sundry goods, gear, debts, sums 
of money, household plenishing, and all other moveables, together with all and 
sundry bonds, heretable and moveable, bills, obligations, promissary notes, 
decreets, accompts, accompt books, gold and silver coined and uncoined, books, 
cloaths, and body abulzements, with all other subjects of whatever nature, 
name, and designation, real and personal, heretable and moveable, that do now 
belong or that shall happen to pertain and belong to me the time of my decease, 
together with all processes presently depending at my instance before the 
Court of Session, or any other inferior court within this kingdom of Scotland, 
wherein I have auy concern as pursuer or defender, as the same shall be con- 
tained in an inventor or list thereof, already made or that shall afterwards be 
made by me relative thereto. . . . Providing allways, as it is hereby expresly 
provided and declared, that my saids trustees, and failling of them as aforsaid, 
the said Lord Provost, Dean of Guild, and Treasurer, and their successors in 
office, shall be oblig'd as by their acceptation hereof they become bound and 
oblig'd with all convenient speed after my decease, to lay out and secure the 
subjects above disponed, and every part thereof, together with the produce of the 
subjects to be sold upon land, or other sufficient security, and to take the rights 



MORTIFICATIONS TO HOSPITAL. 269 

and seeuritys thereof conceived, in favours of them or any three of them bear- Terms of Mortifioa- 
ing the annual rent or interest thereof, payable to them for the behooff of my ^|^- 

said nephew in liferent during all the days of his life for his maintainance and Thomas Fraser's 
alimentary provision allenarly, but not to be aft'ectable by his creditors for any Mortification. 
of his deeds or debts, and after his decease I hereby appoint and ordain the 
sum of Eight hundred pounds sterling of the subjects liferented by him to be 
properly and perpetually secured upon land or any other sufBcient security, and 
the interest thereof in all time coming to be applied for the support, mainten- 
ance, and education of two boys of the name of Fraser, equally betwixt them, and 
who shall be habite and repute to be of a virtuous, sprightly, promising genious, 
and that upon a competition or comparative tryal betwixt four boys of that 
name not exceeding fourteen years of age, and the worthiest two and of the 
best promising genious and capacity to be preferred, conform to a certificate 
under the hand of the keeper of the Advocates' Library for the time being, 
to be paid to them quarterly or half-yearly as shall be thought proper and 
convenient, ay and while they finish their courses at the college of Edinburgh, 
the professors of said college certifying at least once every year their good 
and virtuous deportment, and their abilitys for divinity, law, or physick, and 
the same interest to be continued and paid regularly to them equally, after 
they shall have pursued their courses at the said college for the space of three 
years compleat, they alwise making their election within three months after 
they shall have finished their courses as aforesaid, whether to follow divinity, 
law, or physick, secluding always from the forsaid competition and from any 
benefite arising from this deed, the children and descendants of Thomas Fraser 
of Gartuleg in Strathherrick, and Hugh Fraser, now of Dumballoch, in the Aird, 
Simeon and Levi brethren in iniquity, the cause of this seclusion is known to 
the world, and more particularly to the distressed family of Lovat, and likewise 
to the family of Culloden, and I hereby burden and affect the liferent provided 
to the said Doctor William Fraser, my nephew, and after his decease, the said 
sum of eight hundred pounds sterling, with the payment of six pounds 
sterling yearly, to Helen Forrester, lawfull daughter of the deceast Mr John 
Forrester, once heretable sherriff'-clerk of Inverness, my sister daughter, to be 
paid to her at the first term of Whitsunday or Martimass after my death, and 
so furth yearly and termly during all the days of her life, and after the liferent 
provided to my said nephew shall cease by his death, or his not complying with 
the conditions to be hereafter mention'd, and after that the said sum of eight 
hundred pound sterling is sufficiently secured for the purpose already mention'd, 
I ordain and appoint the remaining part of my effects to be paid and disposed 
of by my said trustees, and failling of them as aforesaid, by the Lord Provost, 
Dean of Guild, and Treasurer of the said city of Edinburgh, in manner under- 
written, viz., I leave and bequeath to the Trinity Hospital of Edinburgh two 
hundred and fifty pounds sterling for the maintainance and support of any £250 stg. 
indigent person of the names of Fraser or Leslie, ray mother's kin, which shall 
be received therein alternately upon this condition, that my name shall be put 
VOL. 11. 2 M 



270 



APPENDICES. 



Terms of Mortifica- 
tions. 

Thomas Eraser's 
Mortification. 



up in a broad with gilded letters in the said Hospital, the expence of which to 
be paid out of my etlects, as also that one of the name of Fraser shall be the 
lirst that shall enter the said Hospital upon the said mortification, and there- 
after one of the name of Leslie alternately, and which one of either names 
shall first apply for preference to said Hospital after the death of the first 
intrant within a month thereafter, shall alwise according to their dilligence 
in applying be prefeiTcd to the benefite of said mortification in the said 
Hospital in all time coming, But it's hereby declared, that in case Margaret 
Hodgeson, spouse to Ffrancis Wood, merchant in Edinburgh, with whom I 
have lived as a lodger since the sixth of June seventeen hundred and forty- 
four, be reduced to such circumstances as to stand in need of the benefite of 
said mortification in the said Hospital, that she be first of all preferred thereto, 
and thereafter the said Francis Wood, and last of all Margaret Wood, their 
daughter : Item the sum of one hundred pounds stei'ling for helping to begin 
a fund for a fundling hospital, in hopes of preventing the wickedness and 
unnaturality of womens destroying the fruit of their own wombs : Item fifty 
pounds sterling to the poor of the nonjuring Episcopal clergie in Edinburgh, 
to be distributed by three of the oldest and most dignified of the said apostolick 
venerable clergie in Edinbui-gh for the time, and that to the most necessitous 
of their poor : Item fifty pounds sterling to the poor of the city of Edinburgh 
in the poor's house, upon this condition that my name be put up in their hall 
in a decent broad and gilded letters, and thereafter continued in said hall, the 
expences of which to be paid out of my efi'ects : Item to the Orphan Hospital 
of the said city thirty pounds sterling, upon the like condition : Item fifty 
pounds sterling to the Royal Infix'mary of Edinburgh, for the better care and 
usage of any of the name of Fraser or Leslie, who may be received therein, 
upon the like condition that my name be put up in the hall of said Infirmary 
upon a decent frame in gilded letters, and this to be continued in all time coming, 
the expences of which to be paid out of my efi'ects : Item the sum of thirty 
pounds sterling to the Society of the Procurators of the city of Edinbui-gh, the 
interest of which sum to be applied yearly to the most necessitous of their poor, 
as the oldest three of the said society shall see cause, with the consent of the 
majority of the remnant brethren of the said society : Item to each of the saids 
George and William Frasers, junior, thirty pounds stei-ling for their trouble 
and care in my affairs, the said George Eraser's thirty pounds not affectable by 
his creditors for his debts due to them, but I appoint and ordain him to divide 
the said sum betwixt his two sons, James and Andrew Frasers, as he shall 
think proper, and according to their dutiful behaviour towards him as their 
parent, and after the first sum of eight hundred pounds is laid out and secured 
as aforesaid, and the donations and legacies above mentioned are fully satisfied 
and paid, I hereby declare and ordain the remaining part of my effects (if any 
be) to pertain and belong to the saids George and William Frasers, junior, two 
of my said trustees, and to Simon Fraser, white iron smith in Edinburgh, equally 
betwixt them their heirs and assignies." .... 



MORTIFICATIONS TO HOSPITAL. 



271 



John Brown's Mortification. 
"From the executors of John Brown, feuar, Lasswade, £100." 



James Hunter's Mortification. 



"At Edinburgh, the l7th day of April, in the year 1765, 
' Wliieh day the Right Honourable the Lord Provost, 



Magistrates, 



and 



Council, with the deacons of crafts, ordinary and extraordinary governors and 
administrators of the Trinity Hospital, being assembled, the treasurer of the 
Trinity Hospital represented to the Council that he had received from Mr 
Alexander Hunter, merchant in Edinburgh, two hundred and fifty pounds £250 ntg. 
sterling as a Mortification to the said Hospital by his son, the deceased Mr 
James Hunter, merchant, for which the said Mr Alexander Hunter desired to 
have the right of presenting one member of the Hospital during his life, and 
the right of presentation continued with his heirs in the usual manner. Which 
being considered by the Magistrates and Council, they, with the deacons of 
crafts, ordinary and extraordinary governors and administrators of the said 
Hospital, did, and hereby do, grant and dispone to the said Mr Alexander 
Hunter, his heirs and assignees whatsoever, a power and privilege of naming 
and presenting any one person whatever after the decease of another, whether 
a burgess of this city or not, to be entertained in the said Hospital agreeable 
to the statutes thereof." 



Terms of Mortificd- 
tions. 

Hosp. Accounts, 
1758-CO. 
illOO Btg. 



Hosp. Records, 
vol. iii. pp. 249- 

2.50. 

17tli April 1705. 



Mrs Beech's Mortification. 

" Be it known to all men by these presents, me, Isobel Beech alias Dated 27th May 
Drummond, relict of George Beech, merchant in Edinburgh .... considering H?*^" f-^ y ■ 
that I am now far advanced in years, and that it is proper for me to settle ^f Master and'' '"^ 
my worldly affairs in my own lifetime, and being resolved to appropriate any Assistants of Mer- 
small share of worldly substance that shall belong to me at my death for the ^'}''^J^'-»9°™J!?"J' 
charitable ends and purposes after mentioned, and for that effect to grant these *^ 

presents in manner underwi'itten. Therefore to have given, granted, assigned, 
and disponed, as I by these presents under the conditions, provisions and 
reservation underwritten, give, grant, assign, and dispone to and in favour of 
the Master and Assistants of the Merchant Company of the city of Edinburgh, 
and their successors in ofiice, for the use and benefit of the said Company and 
for the purpose after mentioned, All and Haill the foresaid first storey or 
dwelling-house of that great tenement of land sometime pertaining to the 
said deceast Mungo Johnston of Lockerbie, thereafter, etc. . . . and sieklike I 
hereby assign and dispone to the said Master and Assistants of the said 



272 



APPENDICES. 



Terms of Mortifica- 
tions. 

Beech's Mortifica- 
tion. 



£200 stg. 



Company, and for the purposes after mentioned, all and sundry goods, gear, 
debts, sums of money, heritable and moveable, gold and silver coined and 
uncoined, jewella, rings, merchant ware of all kinds, silver plate, household 
furniture, utensils, and domicils and others whatsoever presently belonging to 
me, or that shall happen to belong to me at my death, or that shall be due 
and resting to me at my death. And I hereby declare that it is my intention, 
will, and pleasure that the subjects hereby assigned and disponed, or the prices 
and values thereof, in case the said Master and Assistants think fit to sell the 
same, shall be stocked out and sett apart, and the interest thereof applied for 
maintaining a man or woman in the Trinity Hospital of Edinburgh, duly 
qualified in terms of the statutes of the Hospital, to be presented by the 
Master, Assistants, and Treasurer of the said Company, from time to time, and 
as often as the same shall vaik in all time coming after my decease, which 
person so to be presented shall be a decayed merchant burgess of Edinburgh, 
and member of the said Merchant Company, or the relict or lawful son or 
daughter of such merchant burgess and member of the said Merchant Com- 
pany ; and in case any such of the sirname of Beech or Drummond apply, the 
name of Beech is always to be preferred in the first place, and the name of 
Drummond in the next place to all others." 

The house and personal property having only yielded £139, 18s. 9d. of free 
produce, the Merchant Company advanced from their own funds the balance 
required for the purchase of a presentation, and, on 11th May 1769, procured 
one in the following terms: "Know all men by these presents, us, John 
Dalrymple, etc., governors and administrators of the Trinity Hospital at the 
foot of Leith Wynd : Whereas upon a proposal given in to us by the Merchant 
Company of Edinburgh, for purchasing a right of presentation to the Trinity 
Hospital, we by our Act of Council, of date the 28th day of August last past, 
did resolve and agree to grant to them the said right and priviledge upon their 
making payment to the treasurer of the said Hospital of the sum of two 
hundred pounds sterling : And whereas Mr William Burn, treasurer to the 
said Merchant Companj^ has upon the 16th day of October instant, made pay- 
ment to Bailie John Brown, present treasurer to the said Hospital, of the fore- 
said sum of two hundred pounds stei-ling. Therefore, and in pursuance of our 
other Act of Council, of date the said 16th of October instant, witt ye us to 
have given, granted, and disponed, as we hereby give, grant, and dispone, to 
and in favours of the Master, Assistants, and Treasurer of the said Merchant 
Company for the time being, for behoof of the said Company, a full right, 
power, and priviledge of naming and presenting a burgess, widow of a burgess, 
or child of a burgess, from time to time, after the decease of one another, to 
be entertained in the said Trinity Hospital, in terms of and agreeable to the 
statutes thereof, all and every one of the said persons so presented behaving 
themselves orderly and decently as becometh, and before their entry disponing 
and conveying their whole goods and effects in favours of the said Hospital, 
and each of them bringing alongst with them a sufficient feather bed and 



MORTIFICATIONS TO HOSPITAL. 273 

bedding of eloaths, and granting a disposition in favours of the Hospital Tenns of Mortifica- 
agreeable to the said statutes." *^°^- 

Janet Callander's Mortification. 

Disposition — Janet Callander to the Trinity Hospital of Edinburgh. Dated 6th June 

1774. 
" I, Janet Callander, daughter and only surviving child of the deceast Re». of Deeds, etc. 
Patrick Callander, skinner and glover in Edinburgh : Whereas I am vt^ell M'Ken. Office, 
satisfied of the usefulness of the charitable foundation the Trinity Hospital of ^°'- ^^^• 
Edinburgh, and of the comfortable subsistance it affords to any aged persons ^^^^ -^P"' ^'''^^• 
that would otherways be destitute, and without a decent suport in their 
helpless old age, am therefore resolved to give and bequeath a certain part of 
my estate after mentioned, in favours of the Governors of the said Hospitall, to 
inable them to provide for suport and admitt two additional members into said 
Hospitall : Therefore witt ye, as heritable proprietrix of the subjects after 
disponed, and with and under the burdens, conditions, and reservation herein 
after expressed, to have assigned, disponed, and made over, as I hereby, for the 
purposes and under the burdens, conditions, and reservations after expressed, 
give, grant, assign, and dispone at, and after my decease to and in favours of 
the Lord Provost, Magistrates, and Town Council, and others, the Governours 
of the said Trinity Hospital, and their successors in office as Governours of the 
said Hospitall, and their assignies whatever in trust, only for the purposes and 
under the burdens and conditions and reservations after exprest, All and haill 
that tenement of land, back and fore, under and above, high and laigh, some 
time called Handsides Land, lying on the south side of the High Street of 
Edinburgh, at the head of the close called the Skinner's Closs, disponed by 
James Handyside to John Walker, and purchased by ane judicial sale before 
the Court of Session by the deceast James Callender, writter in Edinburgh, my 
brother, and by him disponed and transferred to the also deceased John 
Callender, glover, burges of Edinburgh, my other brother, and bounded betwixt 
the tenement of land pertaining to William Lindsay, thereafter to George 
Kirkwood, thereafter to the heirs of umquhile James Donaldson, gold- 
smith, on the west the lands of umquhile William Tod, locksmith, and 
umquhile Walter Chapman on the east, the King's High Street of the north, 
and the wast land of umquhile John Barclay on the south parts, one the one 
side, and others, with all right and tittle which or either of my said brothers 
had, have, or can pretend thereto, or to any part or portion thereof, and to the 
effect that the said Governours and their foresaid may be infeft and seased in 
the said tenement, and other in trust and for the purposes and the conditions 
and reservations after expressed, I hei'eby make, constitute, and ordaine 

and each of 
them my procurators, for resigning likeas I hereby resign .... and which 



274 



APPENDICES. 



Terms of Mortifica- 
tions. 

Janet Callander's 
Mortification. 



tenement of land and others before disponed, are at present sett and rented at 
about Eighty pounds sterling yearly, which I compute to be worth at least 
Eight hundred pounds sterling, and therefore I hereby burden the Governours 
of the said Hospital, in the tirst place, with the following annuitys to the 
persons after mentioned, to witt to Janet Smibert, relict of WiUiam Romanis, 
late baillie in Lauder, ffive pounds sterling yearly, and each year during her 
life after my decease, and to each of Janet Mar and Marr, her sister, 

both daughters procreate betwixt Margaret Ffortune and James Marr, portioner 
in Ridpath, five pounds sterling to each of them yearly, and each year during 
their lives, payable these three annuitys yearly at two terms in the year, 
Whitsunday and Martinmas, by equall portions under a fifth part of each term, 
payment of penalty in case of ffaillie and annual rent during the not payment, 
beginning the first term's payment of each of the said respective annuitys at the 
first term of Whitsunday or Martinmas that shall next follow my decease, 
being the term at which the said Governours there entery to the said subjects 
does commence, and that for the half year preceeding, and so on half yearly 
thereafter during each of the said annuities there naturall lives ; and further, 
I hereby burden the Governours of the said Hospital with receiving and 
admitting into the priviledges of the said Hospital, to be maintained therein 
according to the rules thereof, two aged persons, men or women, as the patron 
presenters after appointed shall think proper and deserving objects of the 
charity to be admitted and received as tfollow, the first person to be admitted 
within nine callander months after the term at which the said Governours 
their entry to the rents of said subjects does commence, and the other 
person to be admitted within nine callander months after the decease of any 
two of the foresaid annuitants, and I hereby nominate and appoint the cor- 
poration of skinners in Edinburgh to be patrons for nominating and prescribing 
the said aged person, one after another according to the direction to the 
Governours of the said Trinity Hospital for the benefit of the charitable 
donation, according to the rules of said Hospitall in all time coming, and hereby 
recommend to them to preferr always in the first place any of my own or my 
ftather's relations, that shall applie however distant, and failling any of my own 
relations, to preferr in the next place any of their own friends, their wives or 
children, according to the rules of the said Hospitall, whom all flailling, to any 
needy deserving aged person that shall be properly recommended to them .all 
which burdens and conditions before mentioned I appoint to be insert in the 
infeftment to follow hereon." .... 



Hosp. Records, 
vol. vi. p. 94. 
14th June 1786. 
£100 stg. 



Charles Selkirk's Mortification. 

" Letter engrossed stating that Mr Charles Selkirk, late merchant in 
Glasgow, bequeathed £100 to Hospital, which was paid in September 1785." 



MORTIFICATIONS TO HOSPITAL. 275 



James REOCH'S MOETIFICATION. Terms of Mortifica- 

" James Reoch, solicitor-at-law, executed a trust-disposition and settlement, Dated Hth June 
and codicil thereto, dated respectively 14th June and 8th October 1792, whereby JJ^^.^ E^oktor*^ 
he dispones, assigns, and makes over, with and under the burdens, provisions. Council and Session 
conditions, and reservations therein mentioned, to and in favour of William (Office, Durie), 9th 
Muirhead, merchant in Edinburgh ; and failing him, Mrs Elizabeth Reoch, his ^^"^ ^'^^'^• 
only daughter, spouse of the said William Muirhead ; James Hamilton, 
upholsterer, late in Cannongate ; Bailie George Rae, fish-hook maker in Leith 
Wynd ; and John Moir, Writer to the Signet, in trust for the purposes therein 
mentioned, all and sundry his real and personal estate therein enumerated ; and 
they are taken bound, inter alia — Secundo, to make payment to the said Mrs 
Elizabeth Reoch, and failing her, the said William Muirhead, of a free liferent 
annuity during all the days of their joint lives and the life of the survivor, of 
£50 sterling, and that at two terms in the year, Whitsunday and Martinmas, 
by equal portions, with interest from each of the said terms until payment, at 
the first term of Whitsunday or Martinmas immediately following his decease. 
Tertio. That they shall make payment to Ann Reoch, his grand-daughter, of 
the sum of £800 sterling, and that at the first term of Whitsunday or Martinmas 
after her majority or mai-riage, which of these should first happen, with interest 
from the first term of Whitsunday or Martinmas after the death of the said 
James Reoch until payment; as also to dispone and make over, or sell and 
account to her for the price of his house in Murdoch's Close, and to pay her the 
rents thereof in the meantime, excluding always the jus inariti and administra- 
tion of the husbands of the said Mrs Elizabeth and Ann Reoch ; and declaring 
that the sums to be payable to his said daughter and grand-daughter, in virtue 
of the foresaid trust-disposition and settlement, should not be afl'ectable by the 
debts or deeds of their husbands, but be under their own piivate and exclusive 
management ; and their own receipts and discharges shall be sufficient to the 
receivers to all intents and purposes. Quarto. That the remainder of the said 
James Reoch's estate should be lent out, upon proper securities taken, to the 
trustees for behoof of William Reoch, his grandson, in liferent, and the lawful 
issue of his body in fee; which failing, to the said Ann Reoch, his grand- 
daughter, in liferent, and the lawful issue of her body in fee ; which failing, the 
said Mrs Elizabeth Reoch, his daughter; all which failing, he appointed the 
said trustees to acquire the right of as many presentations in the Trinity 
Hospital of Edinburgh as what remains under their administration of his said 
estate will purchase, under the name of Reoch's donation ; and the title to 
present the paupers shall be by them vested in the preses, treasurer, and clerk 
to the Solicitors-at-law of Edinburgh for the time being, who shall be bound 
to present, within six months after a vacancy comes to their knowledge, and on 
all occasions to prefer old men or women of the name of Reoch in the first place ; 
and failing persons of that name applying, those of the name of Wright, Dun, 



276 



APPENDICES. 



Terms of Mortifica- 
tions. 

Beech's Mortifica- 
tion. 



Muirhead, or Balfour, if such shall apply ; and in case persons of none of these 
names do apply, then to present sucli indigent persons as they shall judge most 
necessitous and deserving of the benefit of the charity. And in order that 
information of the vacancies may come to the knowledge of the persons entitled 
to the charity, the said preses, treasurer, and clerk to the Solicitors-at-law, 
patrons foresaid, shall be bound to advertise the vacancies in the Edinburgh 
newspapers, within ten days after they are advertised thereof, and describe the 
persons entitled to a preference, and to whom to apply." . . . And it is declared, 
" that in case any doubt or question shall arise as to the import and validity of 
said deed, or any article thereof, the same shall be determined by the said 
trustees, or any two of them, whose option given thereon shall be final to all 
intents and purposes." 



Hosp. Accounts, 
Nov. 1804-5. 
£183, 19s. 8d. 



Miss Christian Garden's Mortification. 

" To a legacy bequeathed by Miss Christian Garden, daughter of tlie 
deceased Mr George Garden, merchant in Baufi', p. Alexander Ritchie, 
W.S., £183 19 8." 



Hosp. Records, 
vol. vii. p. 277. 
9th Sept. 1812. 



£400 9tg. 



Mrs Elizabeth Campbell's Mortification. 

" The memorial of the Incorporations of Skinners and Furriers, Edinburgh, 
sheweth, that Mrs Elizabeth Campbell, as appears by the extract from the 
Records of the Trinity Hospital herewith produced, having had a sum of money 
bequeathed to her by her sister in New York at her own disposal, was in 1807, 
in consequence of her having paid the sum of ninety pounds sterling into the 
funds of the said Hospital, received into it for life. That the said Mrs 
Elizabeth Campbell now proposes, with the consent of the trustees in America 
and of her friends here, at or about the time of Martinmas next, to pay to' the 
said Governors the further sum of three hundred and ten pounds sterling, 
making with the former ninety pounds the principal sum of four hundred pounds 
sterling, for the purpose of purchasing a presentation at large in said Hospital, and 
that she agi'ees to invest the perpetual and unrestricted right of nomination of 
said presentation in the Incorporations of Skinners and Furriers in Edinbiu-gh, 
as more fully appears from a memorial submitted by her to said Incorporation 
(which is also herewrith produced), on condition of the said Incorjjoration 
agreeing to pay her ten poimds sterling yearly during the course of her natural 
life, and of their naming said presentation CariipheW s presentation. That having 
fully considered said memorial, the Incorporations have agreed to the proposals 
contained in it, as appears by an extract from their records annexed to said 
memorial and herewith produced, provided the honourable Governors give their 
sanction to the transaction, and agree to Mrs Campbell's proposal as above 
narrated ; all which is agreeable to the statutes of the said Hospital. Signed 



MORTIFICATIONS TO HOSPITAL. 



277 



by appointment of the meeting by John Bathgate, deacon, William Ritchie, Terms of Mortifica- 
deacon, Thoa. Miller, boxmaster; Skinner's Hall, Edinburgh, 14th May 1812." *'«■" • 

Follows the foresaid Report : " Edinburgh, 9th September 1812. The Com- Campbell's Morti- 
mittee having considered the memorial, are of opinion that the prayer thereof fication. 
should be granted, upon condition that the sum of three hundred and ten 
pounds be paid to the treasurer at Martinmas first, and that the Incorporations 
be restricted from presenting until the decease of said Mrs Elizabeth Campbell, 
and agreeably to the other regulations of the Hospital. (Signed) Archd. Mac- 
kinlay, B." " Of which Report the Magistrates and Council as governors and 
administrators of said Hospital, approved and granted and enacted accordingly." 



John Menzies's Mortification. 

" I, John Menzies, boot and shoemaker, Potterrow, Edinburgh, considering Dated I3th August 
it to be my duty to settle my affairs in such a way as to prevent all disputes 1833. Recorded 
in regard to them after my decease, and having full trust and confidence in q^^^^I b^q", ^f 
the integrity and ability of the persons after named for executing the trust EJinburgh, .^th 
hereby reposed in them, have therefore assigned and disponed, as I do by these ■'^P"! 1842. 
presents, with and under the burdens, provisions, and reservations after- 
mentioned, give, grant, assign, and dispone to and in favour of Robert Dryburgh 
Menzies, ship-builder in Leith, Thomas Menzies, shipbuilder there, John Rochead 
Forrest, appraiser in Edinburgh, and Francis Rankine, glass manufacturer, 
Leith Walk, Edinburgh, or the acceptors or acceptor, survivors or survivor of 
them, and to such other person or persons as shall be assumed in manner after- 
mentioned (the major part accepting and surviving at the time being always a 
quorum), as trustees for the ends and uses and purposes after-mentioned, and 
to their assignees. All and whole (1) certain subjects in Potterrow ; (2) subjects 
in Advocate's Close, Edinburgh ; (3) laigh shop in the north side of the High 
Street of Edinburgh ; (4) subjects in Barony of Portsburgh." " As also all other 
lands and heritable estate of every description that shall belong to me at the 
time of my death, as also my whole moveable means and estate of whatever 
kind or denomination, heirship, moveables included, that shall belong to me 
at the time of my decease." Here followed a clause binding himself to grant 
all necessary deeds for implementing the general disposition of heritable and 
moveable means; and a clause appointing his trustees to be his executors, 
" but declaring always that these presents are granted in trust for the uses and 
purposes following, viz., inter alia." — 1st, payment of debts and certain small 
legacies ; 2d, certain liferent provisions for an uncle, named Mansfield Stewart. 
This was followed by certain farther legacies and annuities, chiefly payable 
only on the death of the uncle. " Lastly, that the residue of my said heritable 
and moveable estate, which may remain after providing as hereinbefore 
directed, including the amount set aside for payment of the foresaid annuities 
to the said Susan M'Vean, Thomas Cranstoun, and Margaret Dempster, as they 

VOL. n. 2n 



278 



APPENDICES. 



Terms of Mortifica- 
tions. 

Menzies's Mortifi- 
cation. 



respectively lapse, shall be held by my said trustees and the yearly proceeds 
thereof paid by them in two terms in the year Whitsunday and Martinmas to 
Jess and Ann Menzies, daughters of the Reverend Archibald Menzies, minister 
of Dull, Perthshire, equally, during their lives, exclusive of the jus mariti 
of their husbands, their own receipts and discharges for the same being hereby 
declared to be binding, and in the event of the said Jess and Ann Menzies, or 
either of them, leaving lawful issue, then my said trustees shall, upon the 
death of the survivor of said Jess and Ann Menzies, such survivor being 
entitled to the liferent of the whole, denude of the said trust-estate, heritable 
and moveable, and assign, dispone, and convey the residue and remainder 
thereof in favour of such issue of said Jess and Ann Menzies or either of 
them, equally, share and share alike, providing the said child, or the eldest of 
said children, shall then have attained the age of twenty-one years, but not 
sooner, and their heirs and assignees, and failing lawful issue of either of the 
said Jess or Ann Menzies, I direct said trustees, on the death of the longest 
liver of said two persons, to convert my heritable estate (not herein otherways 
appropriated) into money, and that either by public roup or private bargain, 
as to them may seem most expedient, and to apply the proceeds thereof, and 
the whole other residue of my said estate, in the purchase of presentations 
to the Trinity Hospital in favour of wives of decayed inhabitants of the city 
or county of Edinburgh, said presentees not to be under fifty years of age, and 
to have resided twenty years within the said city or county, and the name of 
Menzies to be preferred if the applicant be of good character ; and upon the 
death of my said trustees, original and assumed, the patronage shall devolve 
upon the ministers of St Cuthbert's and Hope Park Street Chapels of Ease, 
the Magistrates of Easter Portsburgh, the Deacon and Box-master of the 
Incorporation of Shoemakers of Easter Portsburgh, and the Treasurer of the 
Trinity Hospital all for the time being, the majority of voices to carry the 
presentation." 



Rev. Dr Robert Blair's (of Barton) Mortification. 



Hoap. Records, 
vol. X. p. 452. 
13th Feb. 1838. 



£500 stg. 



Extract from the Will of Rev. Robert Blair, Doctor of Divinity, and Rector 
of Barton St Andrews, in Baxton Bendish, in the county of Norfolk, 
and diocese of Norwich, deceased, dated 1st December 1837. Proved in 
the Prerogative Court of Canterbury, 5th January 1838, 

" I give and bequeath to the Governors for the time being of the Trinity 
Hospital in the said City of Edinburgh, the smn of five hundred pounds, new 
three and a half per cent, bank annuities, to be applied by them for the 
purposes of the same Hospital." 



MORTIFICATIONS TO HOSPITAL. 279 



Thomson Paul's Mortification. Terms of Mortifica- 

tions. 

" Further, that iu pursuance of the anangement to that effect contained in Hosp. Records, 
the Council's act, of date the 14th current, there was paid to the treasurer of vol. xi. p. 428. 
the Hospital, upon the 20th current, by Mr Thomson Paul, Writer to the 28th June 1842. 
Signet, the sum of four hundred and fifty pounds sterling, as the purchase £450 stg. 
money of one of the foresaid rights of presentation. Therefore, the Lord 
Provost, Magistrates, and Council, governors and administrators foresaid, did 
and hereby do give and grant to the said Thomson Paul, and to his heirs and 
successoi's whatsoever, full right and title to present to them from time to time 
any person whatever, man or woman of irreproachable character, who is not 
married and under fifty years of age, to be admitted into and maintained in the 
said Hospital." 

William Lennie's Mortification. 

" Excerpt from additional Deed of Settlement by William Lennie, Esq. of Hosp. Records, 
Ballochneck, dated 10th May 1852, and recorded in the Books of Council ^ol. xiii. p. 47(j. 
and Session 29th July 1852." 

" In the fifth place, I direct and appoint my said trustees at the first term 
of Whitsunday or Martinmas that shall happen twelve months after my 
decease, or as soon thereafter as conveniently may be, and with entry thereto 
at that term, to dispone, convey, and make over my lands and estate of Nether 
Auchenreoch and others, lying in the parish of Urr and stewartry of Kirkcud- 
bright, as described in a disposition in supplement granted by me in favour of 
my said trustees, dated third January eighteen hundred and fifty, to and iu 
favour of the Lord Provost, Magistrates, and Council of the city of Edinburgh, 
to be held by them thereafter in perpetuity in trust for the ends, uses, and 
purposes after mentioned, viz. — First, For payment of all burdens, taxes, and 
necessary expenditure for repairs of the said lands and others, and of the 
expense of managing the same ; and I earnestly enjoin the said Lord Provost, 
Magistrates, and Council to be economical in their management. Second, That 
out of the proceeds of the said lauds and others they shall apply the sum of 
forty-eight pounds sterling annually in providing four bursaries of twelve 
pounds each, for assisting students in the University of Edinburgh, whose 
circumstances may require such assistance, which bursaries shall be called the 
Lennie Bursaries, and be given annually, and shall not be continued to any 
student for a longer period than four years, nor given for any other purpose 
than obtaining a literary education ; and in distributing the said bursaries, the 
said Lord Provost, Magistrates, and Council shall give a preference to persons 
who arc poor of the names of Lennie, Paton, Stobie, or Ronaldson ; and next, 
to poor lads coming from the country, who have been engaged in some trade or 



280 



APPENDICES. 



Terms of Mortifica- 
tiuns. 

Lenoie's Mortifica- 
tion. 



other industrious pursuit, and who manifest a desire and capacity for a literary 
education ; but on no account shall a Roman Catholic or Jesuit be appointed 
to any of the said bursaries. And as it is my earnest desire that young men 
should be trained up in habits of independence and self-reliance, I enjoin every 
individual who shall receive the benetit of one of my bursaries to repay the 
amount so received by him to the said Lord Provost, Magistrates, and Council 
as soon as he is able to do so, and at all events within ten years if possible from 
the time of his ceasing to be a bursar, and which sum or sums so to be repaid 
shall be expended by the said Lord Provost, Magistrates, and Council in pro- 
viding other bursaries to be distributed on the conditions above set forth ; but 
as an encouragement to bursars to repay as aforesaid, I declare that they shall 
have the appointment of the individual who shall receive the amount so repaid 
by them, and failing such appointment at the ordinary period of distributing 
the bursaries, the same shall be distributed by the said Lord Provost, Magis- 
trates, and Council ; and I hereby empower my said trustees to make such 
farther rules and regulations in regard to the said bursaries as they may 
consider necessary to cany my intentions into full effect, and which rules and 
regulations if so made, shall be embodied in the conveyance to the said Lord 
Provost, Magistrates, and Council (which shall be at the expense of the trust 
thereby created), who shall be bound to abide by and fulfil the same. Third, 
the said Lord Provost, Magistrates, and Council shall annually pay over one- 
half of the free residue of the proceeds of the said lands and others to the 
treasurer for the time being of the institution known by the name of the 
Trinity Hospital, Edinburgh, of which they are the Governors, for the use and 
behoof of parties who shall be appointed to receive annual pensions therefrom, 
in amounts similar to those at present granted by the governors of that insti- 
tution, but not exceeding ten pounds annually to each pensioner ; but declaring 
that the parties who shall receive the benefit of my funds are not to be 
restricted to burgesses, or their widows or descendants, but shall be selected 
solely on account of their poverty and good character, a preference being always 
given to those who have seen better days, and are either unmarried or widows 
or widowers, who are fifty years of age or upwards. And I direct that my 
bounty shall not be given to burgesses, or their widows or descendants, while 
there are other parties claimants of the class above indicated by me. Fourth, 
The said Lord Provost, Magistrates, and Council shall pay over annually the 
remaining half of the free proceeds of the said lands of Nether Auchenreoch 
and others to the treasurer for the time being of the institution in Edinburgh, 
known by the name of James Gillespie's Hospital, for the use and behoof of the 
said Hospital, and with the view of enabling the Governors thereof to extend 
the benefits of that institution, but that only on condition that the said 
Governors shall cause the bedrooms of the whole inmates of the said Hospital 
to be properly heated, either by fires or other.; heating apparatus, during such 
periods of the year as may be necessary for the comfort of the aged inmates 
of that institution, and at all events from the fifteenth day of October to the 



MORTIFICATIONS TO HOSPITAL. 281 

fifteenth day of May in each year ; and this shall be done at the sight and to Terms of Mortifica- 
the satisfaction of my said trustees while the trust continues to exist, and *'°"^ " 

afterwards at the sight and to the satisfaction of the said Lord Provost, Magis- Lennie's Mortifioa- 
trates, and Council, who are hereby charged with seeing this provision and ''on- 
condition strictly carried into effect. And also on the further condition that 
my said trustees, during the lives of them and the survivors or survivor of 
them, and the said Lord Provost, Magistrates, and Council after their decease, 
shall be allowed the right and privilege of presentation of as many inmates of 
the said Hospital in perpetuity as the amount of the funds before and herein- 
after appointed by me to be paid over for behoof of the said Hospital as afore- 
said, will annually support and maintain, and declaring that in the event of 
the Governors of the said Hospital declining to comply with the conditions 
hereinbefore stated, and coming under such obligation to that effect as may be 
satisfactory to my said trustees, then and in that ease the said James Gillespie's 
Hospital shall be deprived of the share of my means and estate above and here- 
inafter appointed to be paid to the treasurer thereof, and the sums so appointed 
to be paid for behoof of that Hospital shall be paid over to the treasurer for the 
time being of Trinity Hospital aforesaid, and applied for the purposes of that 
institution, but under the declaration before inserted in regard to preferring 
other claimants to the benefits aforesaid to burgesses or their widows or 
descendants. And declaring farther, as a condition of the bequest hereinbefore 
and after made for behoof of Trinity Hospital aforesaid, that my said trustees, 
and the survivors and survivor of them, shall have the power during their and 
his life of appointing the individuals who shall receive the benefit of the annual 
income appointed by me to be paid to the said Hospital, and thereafter the 
right of appointment shall be in the said Lord Provost, Magistrates, and Council 
as Governors of said Hospital ; and I hereby authorise and empower my said 
trustees to make all such rules, regulations, conditions, and arrangements as 
they may consider necessary for carrying my intentions as above expressed 
into full effect, and to enter into all such engagements with, and require such 
obligations from, the said Governors of the said two Hospitals as they may 
consider necessary for that purpose. In the sixth place, Whereas I have in the 
before-written supplementary trust deed appointed my said trustees to convey 
and make over my lands and estate of Ballochneck and others therein men- 
tioned to the said Thomas Stobie, and the heirs of his body, whom failing to 
the said William Ronaldson and his heirs, under burden of the payment of the 
annuities therein mentioned, and whereas I have by these presents appointed 
the other annuities hereinbefore bequeathed to be paid out of, and to form 
real burdens upon, the said lands and estate, I declare and appoint that the 
same shall be paid by the said Thomas Stobie and his foresaids so long as the 
same are payable to my said trustees, who shall pay the same to the respective 
annuitants entitled thereto, and failing his doing so, my said trustees shall be 
entitled to sue for and recover payment of the same from the said Thomas 
Stobie and his foresaids, and out of the said lands and estate burdened there- 



282 



APPENDICES 



Terms of Mortifica- 
tiuns. 

Lennie's Mortifica- 
tion. 



with ; and whereas the said annuities, after deducting those which have lapsed 
by death, amount in all to two hundred and thirty-seven pounds a-year, I 
direct and appoint that, notwithstanding the lapse of these annuities, the sum 
of two hundred pounds a-year shall be payable by the said Thomas Stobie 
and his foresaids in perpetuity of the said lands and others ; and as the 
annuities before appointed to be paid to the parties before mentioned shall 
respectively cease, the amount so falling in after the same shall be reduced to 
two hundred pounds a-year, shall be paid by the said Thomas Stobie and his 
foresaids to the said Lord Provost, Magistrates, and Council, and shall be by 
them divided equally between James Gillespie's Hospital and Trinity Hospital 
aforesaid, and applied for the same uses and purposes, and under the whole 
conditions, provisions, and declarations which are hereinbefore specified in 
regard to the 2:)ortions of the free proceeds of the said lands of Nether 
Auchenreoch and others, so that ultimately, after the said annuities shall all 
drop, the said sum of two hundred pounds shall be payable annually out of the 
said lands of Ballochneck and others to the said Loi'd Provost, Magistrates, 
and Council in perpetuity for the purposes foresaid, and shall form a real 
burden thereon." 



CJonncil Records, 
vol. cclxxiv. p. 227. 
20th AprU 1858. 



Andrew Wemyss's Mortification. 

" I, Andrew Wemyss, trunk and portmanteau manufacturer in Edinburgh, 
in order to regulate the management and distribution of my means and estate 
after my decease, do hereby, with concurrence and approbation of Mrs Mary 
Thomson or Wemyss, my wife (who concurs for herself and for all right and 
interest she may have in the premises), give, grant, dispone, convey, assign, and 
make over to the said Mary Thomson or Wemyss, my wife, in liferent for her 
liferent use allenarly (except as after mentioned), and to the Right Honourable 
the Lord Provost, Magistrates, and Council of the City of Edinburgh, governors 
and administrators of the Trinity Hospital in Edinburgh, and their successors in 
office as governors foresaid, as trustees for executing the trust hereby created 
in fee, and to their assignees, all and sundry, the whole lands and heritable estate 
of whatever kind, as also the whole movable and personal means and estate of 
whatever kind which shall belong to me at the time of my death, with the 
whole vouchers and instructions of the said movable and personal estate, and 
the writs and evidents of the said personal estate, and the wi'its and evidents 
of the said heritable estate, and particularly without prejudice to the said 
generality the effects and sums of money which may be contained in any 
inventory made up and subscribed by me as relative hereto, and which shall 
be as .sufBcient as if every particular thereof were herein inserted. And I 
aj^point my said disponees for their respective rights of liferent and fee my sole 
executors ; and I oblige myself and my heirs and successors to infeft my said 
spouse and the said trustees for their respective rights of liferent and fee in due 
and competent form, and to grant all deeds necessary for that purpose, and also 



MORTIFICATIONS TO HOSPITAL. 283 



all deeds needful or proper for carrying these presents into effect. And I assign Terms of Mortifica- 
the wi-its and evidents and title-deeds of my heritable estate, and I assign the '^'°"^ " 

rents ; but declaring that these presents are granted, and to be accepted and Wemyss's Mortifica- 
taken always with and under the burden of my just and lawful debts and tion. 
obligations, death-bed and funeral expenses, and the expense of executing this 
trust, and of such gifts or legacies as I may think proper to leave by any deed 
or writing to be executed by me, and specially with and under the burden of 
payment at the first term of Whitsunday or Martinmas which shall happen 
next after the death of the longest liver of my said wife and me, of the follow- 
ing legacies, videlicet : — To John Wemyss, residing in Liverpool, my brother ; 
Robert Wemyss, at present in Francisco or elsewhere abroad ; Jane M'Kenzie, 
daughter of Donald M'Kenzie, late merchant in Edinburgh, and Elizabeth 
Wemyss, my sister, now deceased, the sum of five pounds sterling each ; and 
I hereby direct and appoint my said trustees, if I have not done so previously 
to my death, to execute and gi-ant to any of the foresaid parties to whom I 
may have made advances of money or otherwise, if required by any of them 
and at their expense, discharges and acquittances of all claims against them for 
and in respect of such advances, and to hold such claims as renounced and dis- 
charged, as I do hereby renounce and discharge them accordingly ; declaring 
however that any securities which I hold, or may hold, for the debts or obliga- 
tions of the said parties shall form part of my estate, it being only their 
personal obligations unsecured which I intend to discharge ; and declaring 
further, that the said provisions shall be in full of all that my said brothers 
and sisters can ask or expect from me, or from my said estate, from love, 
affection, or otherwise. Further, I do hereby give to my said spouse full power 
and liberty to dispose of, in any way she may think proper, the sum of one 
thousand pounds sterling of my said means and estate, or any portion thereof, 
and that either during her lifetime in the event of her surviving me, or by will 
or mortis causa deed to take effect after her and my death ; and I hereby 
direct and appoint my said trustees, if my said spouse shall exercise the said 
power and Liberty, to apply and make payment of the foresaid sum of £1000 
sterling, or part thereof, in such way and manner as the same shall be so 
disposed of by my said wife, and failing such disposal, the said sum shall form 
part of the residue of my means and estate. Further, I do hereby direct and 
appoint my said trustees, immediately after my death and the death of the said 
Mary Thomson or Wemyss, to invest, or cause to be invested or reinvested, in 
such way and manner as they may at any time, and from time to time consider 
proper, either in the purchase of land or other heritable subjects, or upon 
heritable security, city bonds, or other securities, in their own names, or in the 
names of the directors or managers of the School of Arts, the sum of £200 
sterling, the annual accruing interest or revenue arising therefrom to be applied 
in providing and securing prizes to the students in the said School of Arts, and 
that in such way or manner as shall be considered expedient by the directors 
or managers of the said institution, declaring that in the event of this bequest 



284 APPENDICES. 



Tenns of Morti6ca- lapsing by the said School of Arts ceasing to exist, the said sum of £200, or 
tions. ^]^Q investments representing the same, shall revert to and form part of my said 

WemyssTjiortifiea- means and estate. Further, after the death of the said Mary Thomson or 
tion. Wemyss, my trustees shall hold and possess the whole residue and remainder 

of my said means and estate as governors and managers of the said Trinity 
Hospital, and shall invest the same, and from time to time as may be required 
reinvest the same either in the purchase of land or other heritable subjects, or 
on heritable security, city bonds, or other securities, in their own names, and 
shall apply the annual accruing interest, produce, or revenue arising therefrom, 
for and towards the maintenance and support of decayed merchants or trades- 
men who have carried on business within the municipal boundaries of the City 
of Edinburgh for at least ten years, or the widows of such merchants or trades- 
men, and that among so many and in such proportions and payments to each as 
they shall see fit, but always on the express condition that the parties to be 
benefited shall be of strictly moral character, and of fifty years of age and 
upwards. And I hereby give power of sale to my said trustees, and that by 
public or private bargain, and power to borrow and powers of compromise and 
submission, and in general power to them to do, or cause to be done, everything 
necessary for the execution of the trust hereby created, or which I myself 
could have done before executing hereof, and for these purposes to grant, sub- 
scribe, and deliver all writs and deeds requisite and necessary ; and I revoke all 
previous settlements executed by me, and the said Mary Thomson or Wemyss 
hereby accepts of the provisions hereby made in her favour in full satisfaction 
to her of all that she or her representatives could ask, claim, or demand, by and 
through my death, under her marriage settlements, jure relictae, or otherwise ; 
and I, with consent foresaid, reserve full power to revoke these presents in 
whole or in part, and I dispense with the delivery hereof, and I consent to the 
registration hereof, and of any codicils or additions hereto for preservation. 
Moreover I desire my notary public, to whom these presents may be presented, 
to give to the said Mary Thomson or Wemyss, and to the said Lord Provost, 
Magistrates, and Council of Edinburgh, sasine in liferent and fee respectively 
of the lands and others above disponed in which I may stand infeft. In witness 
whereof these presents written upon this and the two preceding pages of 
stamped paper by John Lindsay, clerk to Patrick Graham, Writer to the Signet, 
are subscribed by me, and by the said Mary Thomson or Wemyss, at Edin- 
burgh, the 16th day of February, in the year 1858, before these witnesses, 
Wiltiam Dick, veterinary surgeon to her Majesty the Queen, and Professor of 
Veterinary Medicine of the Veterinary College, Edinburgh, and the said Patrick 
Graham. (Signed) A. Wemyss, Mary Wemyss. William Dick, witness; 
Patrick Graham, witness." 



PAYMENTS BY OR FOR APPLICANTS. 



285 



II. 

EXAMPLES of Payments made or Conveyances granted by persons desiring to Examples of Pay- 
be in the Hospital, or by friends on condition of their admission. Applicants. 



Agnes Cleek. 

It was reported, " that conforme to the Councill's apoyntment the last Council Records, 
councill day, the friends and relationes of Agnes Clerk, relict of vmq"- Malcome 31st March 'leys 
Broune, skinner, burgess of Edinburgh, had given band to them, for the use of 
the Trinitie Hospital, for four hundred merks Scots money vpon the acconipt of 400 merks. 
her admissione to be ane of the beidwomen of the said hospital. The Council 
therefore admitts and receaves the said Agnes Clerk to be ane of the beidwomen 
of the said hospitall." 

James Gilchrist. 

The Council, on " ane petition given in by James Gilchrist, lawful son to Council Records, 
the deceist James Gilchrist, mer'-, burgess of Edinburgh, craving, for the reasons yS^', "j'^"' h}}' 
yrin represented, to be ane member of the Hospitall, have preferred, and hereby 
prefers, the said James Gilchrist to be ane of the members of the Trinity 
Hospitall, and appoints the m"* or theasurers of the said hospitall to receive 
and intertain him as ane of the members yrof ; and that allenarly upon the 
said James Gilchrist, with consent of his mother-in-law, y" disponing to the 
said hospitall ane high shop belonging to him in fee, and liferented by her, 
lying upon the south side of the street of Edinburgh near to the Netherbow." 

It appears from a subsequent minute that the shop was sold for 1200 merks, Council RecordH, 
and the price was entered in the Hospital Accounts. 2fth'May 1699*'^' 

1200 merks. 

Janet Lowriston or Fraser. 

" Authorize and appoint the present masters to receive and intertain Janet Council Records, 
Lauriston, relict of John Fraser, candlemaker, Burgess of Edinburgh, as ane 
member of the Trinity Hospital, upon her paying ane thousand merks to them 
for the use thereof, and granting ane disposition of her liferent of the house 
possesst by her, and garret thereto belonging, with the two houses in the Candle- 
maker Row." 

"1713. Aug*' 31. — To cash from Janet Lowriston, relict of John Fraser, 
in frei gift to ye Hospital], ..... £666 13 4." 

VOL. IL 2 O 



vol. xli. p. 136. 
26th August 1713. 
1000 merks. 



Hosp. Accounts. 



286 



APPENDICES. 



Examples of Pay- 
ments by or for 
Applicants. 

Hosp. Accounts, 
Mart. 1719-20. 

Council Records, 
vol. xlviii. p. 125. 
20th April 1720. 

1000 merks. 



Lady Margaret Hamilton or Blair. 

" Lady Mfirgaret Hamilton, relict of William Blair of that ilk, £666 13 4." 
" The same day Baillie James Newlands reported that Lady Margaret 
Hamilton, relict of William Blair of that ilk, had given to James M'Ghie, mer'", 
present theasurer of the Trinity Hospital, the sum of One thousand merks 
Scots for the use of the said hospital, and was desirous the Council would be 
pleased to prefer Bessie Watson, relict of James Scott, burgess." 

Bessy Watson was " ordainit " to be admitted, on granting a disposition 
omnium bonorum, and otherwise complying with the rules of the Hospital. 



Hospital Records, 
vol. viii. p. 37. 



£300 stg. 



Miss Marion Johnston. 

17th Novewher 1819. — Read another report from the said Committee on 
the Petition from Marion Johnston craving to be admitted a House Member 
of the Trinity Hospital by purchase, and which report bore that the Committee 
were of opinion the said Marion Johnston should be admitted upon paying 
£300, of which report the Governors approved." 



Miss Violet Maitland. 



Hospital Records, 
vol. xii. p. 396. 
22d Feb. 1842. 



£200 stg. 
£150 stg. 



Excerpt of Letter from Miss Violet Maitland, an inmate of the Hospital, to the 
Treasurer. 

"Edinburgh, 5th February 1842. — Sir, I propose to remain in the Trinity 
Hospital on the following conditions : — First, to pay in about one month the 
sum of two hundred pounds sterling for the time I have been in the Hospital, 
and one hundred and fifty pounds sterling for my future bed, board, clothing, 
and allowances as at present, and the Hospital to pay to me six pounds sterling 
yearly by quarterly payments during my life." 

The Hospital Committee reported that the proposed payment should be 
accepted, which was approved of by the Governors. 



Miss Jacobina Horsburgh. 



Hospital Records, 
vol. xii. p. 396. 



" 8th September 1846. — And the Committee having at this and a former 
meeting carefully examined the different petitions from out-pensioners craving 
to be appointed as inmates, agreed to recommend to the Governors to elect the 
following upon the usual conditions, and specially subject to the arrangement 
as to inmates newly appointed recently made by the Governors : — 

" 1. Miss Jacobina Horsburgh, daughter of the late Richard Horsburgh, 



PAYMENTS BY OR FOR APPLICANTS. 287 

musical instrument maker, and burgess of the city, born 2d September Examples of Pay- 

1784 In the case of Miss Horsburgh, she is to convey to the Hospital "'""n^J^'^tr ^°' 

a house in East Broughton Place belonging to her, reserving to her the rents ''' i'-^^- 
thereof down to Whitsunday next." 

It is stated in the printed accounts of the Hospital for this year, that the 1st Nov. 1840 to 

stock had been increased by " value of house No. 6 East Broughton Place, ^^^^ October 1847. 
acquired during this year, on admission of Miss Jacobina Horsburgh to the 

benefit of the Hospital, ..... .£180 0." £130 stg. 

Miss Jane M. Gibb. 

Jane M. Gibb, daughter of the late John Gibb, burgess and guild brother. Hospital Records, 

admitted a member on her paying £50 to funds of Hospital. ^°^- '^- P- i^*- 

£50 stg. 



[III. 



288 



APPENDICES. 



III. 



Examples of Pro- 
perty received under 
the dispositio 
omnium bonorum. 



Hosp. Accounts, 
1611-12. 

Hosp. Accounts, 
1613-14. 



Hosp. Accounts, 
1614-15. 
Hosp. Accounts, 
Mart. 1698-9. 

Hosp. Accounts, 
Mart. 1698-9. 

Hosp. Accounts, 
Mart. 1699-1700. 



Hosp. Accounts, 
1st Nov. 1776 to 
1st Nov. 1777. 



Hosp. Accounts, 
1st Nov. 1776 to 
1st Nov. 1777. 



EXAMPLES of Property received on death of inmates, under the dispositio 
ortinium bmioriim granted by inmates. 

The inmates were generally buried at the expense of the Charity ; some 
examples are given below : — 

" Margaret Craik, ' in Kist at her death,' 

" Deceased Member's Kist, 

Do. do., 

" Lawrence Mercer's Kist, 

" Received from Mrs Ross, for ye bed and other things when she 
died, after all was paid, 

" Received for Mr Karr, his bed, 

" Item, received from Mrs Willson, for ye things after her death 
£10 lbs. lis. 6d. Given of itt to ye sick people, 5 furteen 
shilling pieces — rests, . 

" Item, received from Mistres Deans, 7 lib. Scots. Given out of it, 
£2 lib. 18s. for ye sick people — rests, . 

" To cash for the effects of dead members : — 
For Abram Wightman's effects. 
For John Mathie's do., 

For Margaret Andrew's do.. 
In part of the effects of Ja. Campbell, . 



£10 10 


8." 


3 12 


6." 


10 5 


8." 


8 


0." 


19 14 


6." 


17 7 


6." 



6 19 0." 



4 2 0." 



" Funeral expences of the following late members : — * 

1776, November 4, Abram Wightman, . 

1777, January 4, Mrs Andrew, . 
1777, March 18, Mrs Stevenson, 



£1 6 


8 


8 14 


36 


2 10 


10 


150 



1 


£1 17 


6 


1 17 


6 


1 17 


6 



162 11 9«." 



5 12 6." 



* While the Charge side shews receipts from realising property of the deceased, the 
Discharge shews the expenses incurred in connection with their funeials. 



PROPERTIES, ETC., SURRENDERED TO HOSPITAL. 



289 



' To cash received for the effects of dead members : — 
In further part of the effects of James 
Campbell, ..... 
For Mrs Sutty and Mrs Somervil's effects. 



" Funeral expences of the following late members :- 

1777, November 1, Mrs Clerk, . 

1778, May 18, Mrs Suttie, 
1778, May 23, Alison Somervil, . 
1778, January 8, Wm. Balfour, . 



£15 





1 8 


2 


£1 17 


6 


1 17 


6 


1 17 


6 


2 2 






£16 8 2." 



7 14 6." 



Examples of Pro- 
perty received under 
the dispositio 
oiimimii bonorv/n, 

Hosp. Accounts, 
let Nov. 1777 to 
1st Nov. 1778. 

Hosp. Accounts, 
1st Nov. 1777 to 
1st Nov. 1778. 



During the period 1744 to 1845 the sums received from this source 
amounted to . . . . . . . . £785 11 10 



Robert Hunter. 

" The Treasurer of Trinity Hospital begs leave to represent to the Committee 
that Robert Hunter, who was admitted a member of the house in August 1815, 
now very old, and rather an imbecile man, complained last week to the 
chaplain of having been robbed in the house during the night, without being 
able to condescend on what he had lost. This led the chaplain to insist upon 
seeing his repositories, and on inspecting his boxes, drawers, etc., various sums of 
money were found concealed in different places, amounting in all to £92, 18s., 
composed partly of gold and bank notes, all of them of a distant date, and 
some of them near fifty years old. It appears, both to the treasurer and the 
chaplain, that Hunter was unconscious of being possessed of such a sum, for on 
the very day before this happened he borrowed a penny from one of the 
servants, declaring that he had not one farthing in the world. He appears at 
all times in the most beggarly condition — often almost naked, though he has 
good clothing fast locked up. It is now discovered, too, that he has heritable 
property at the Castle of Clouts * worth £10 per annum. 

" The treasurer considers it a fixed point that no person is admissable into 
the Hospital but such as are absolutely without means of support. Of course, 
when this person was admitted, the Govemoi's have been imposed upon. It 
appears to him as clear, from Statute 5th, that this money, as well as the 
heritable property, has fallen to him as treasurer of the Hospital, for behoof 
thereof. The Committee directed the treasurer to take immediate possession of 
the £92, 18s. for behoof of the Hospital, to continue his inquiries in regard to 
the heritable property, and to confer with Hunter's relations, and report to the 
Committee. 

"The treasurer reported that, on a second examination of Hunter's re- 
positories, the chaplain found secreted throughout his room, but under no 

* A tenement in St Leonard Street, built by a Society of Tailors. — J. C. 



Hospital Records, 
vol. viii. pp. 97 
and 100, 4th Dec. 
.and 9th Dec. 
1820. 



290 



APPENDICES. 



Examples of Pro- 
perty received under 
the dispositio 
omnium botiorum. 



Council Records, 
vol. ccxc. p. 179. 
25th April 1865. 



Council Records, 
vol. ccxciv. p. 196. 
4th Dec. 1866. 



lockfast, various small sums of money, amounting in all to £31, 7s. 6d., and 
this has been disposed of as the last sum was." 

Miss Patison. 

Read Report by the Trinity Hospital Committee, to whom was remitted 
petition of Misses Patison, residing in William Street, praying to be relieved of 
claim preferred against them for the residue of the estate of their late aunt, 
Harriet Patison, an indoor pensioner of Trinity Hospital, and who had granted 
a disposition omnmvi honorum in favour of the Governors ; of which report 
the tenor follows: — "Edinburgh, Vlth April 1865. — The Trinity Hospital 
Committee having considered this petition, are unanimously of opinion that 
there is no circumstance connected with the case that should induce the 
Governors to forego the just claim of the Hospital to the whole residue of the 
estate of Miss Harriet Patison. They therefore recommend that a claim for 
the residue should at once be made, and that it be remitted to the Committee to 
endeavour to effect a settlement. — (Signed) James Thos. Alexander, B. Chair- 
man 2'ii'o tern." 

The Governors approved of the foregoing Report, and resolved and remitted 
accordingly. 

The Clerk reported the following letter from the city's agents regarding 
the settlement effected with the representatives of the late Miss Patison: — 
"Edinburgh, 25th July 1866. Dear Sir, — Trinity Hospital — Miss Patison's 
Exy. — We send you herewith assignation by the executors of the late Miss 
Patison, in favour of the Governors of Trinity Hospital, of the whole estate 
which belonged to her, and particularly of the sum due on Mr Low's bill p. 
£250, which we also send herewith, endorsed by the executors with reference to 
the assignation. The first instalment of £50, due by Mr Low, was paid by him 
at Whitsunday last, when we at same time paid the account of Mr Patison, 
W.S., in terms of the arrangement with the Governors. Beyond that bill it is 
believed there is no other asset belonging to ' the estate.' " 

The Hospital Committee, and afterwards on 4th December 1866 the 
Governors, approved of the settlement. 



Hosp. Records, 
vol. xiii. p. 192. 
28th August 1849. 



Miss Denham. 

(Not received under dispositio omnium honorum.) 

" Edinburgh, 25th August 1849. — The Treasurer of Trinity Hospital begs 
to inform the Governors that he has received fifty pounds from the estate of 
the late Miss Jane Denham, allocated from the residue of her funds by Charles 
Ferrier, Esq., in terms of powers conferred upon him by the last will and 
testament of the deceased. . . . 

" The late Miss Denham received the out-pension of the Hospital for thir- 
teen years, and ended in March 1849. (Inf-) J. G." 



HOSPITAL STATUTES AND COUNCIL RECORDS. 



291 



IV. 



EXCERPTS from Statutes of Trinity College Hospital. 



27th February 1650. 



Excerpts from 
Statutes. 



"Item, That nane be admitted to the hous but burges men or burges Council Records, 
wyfs, single persones, and burges bairnes of guid report, at the sight of the ^°'- """• P- '^^''• 
Counsell, and be thair electioun." 

" Item, That nane gett any monis out of the Hospitall rent but onlie suche 
persones quho sail remain within the Hospittall." 



20th November 1672. 

" The Councell statutis and ordaines that no maried persons be installed 
as beidmen and women in the said hospitall ; and such as sail be installed 
thairin sail be ancient decayed burgesses and burgesses' relictes, and before they 
be admitted thairto that the maisteris of the Hospitall present and to come sail 
tak exact tryall of thair lyfe and conversatione and necessity, and vpon thair 
report then the said beidmen and women to be admitted." 



Council Records, 
vol. xxvii. p. 109. 



21st Jamutry 1674. 

A set of statutes was enacted having reference chiefly to the conduct of 
the inmates. 



Excerpt from Town Council Records, 10th April 1700. 

" The same day Bailie Ferguson reported from the Committee anent the Council Records 
affairs of the Trinitie Hospitall that the said Committee had prepaired the ™'- ^'"''''- P- ^^^• 
following resolutions, which they desyred him to report to the Councill. (l"""') 
That all persones who come in to the Hospitall, or that are in it already, may 
be obleidged by the Councill's Acts to dispone all goods and gear they have at 
their entry, or that they shall acquyre dureing their abode jrin (the chaplain 
and good wife excepted), for the use and behootf of the said Hospitall, and give 
up a true Inventar of the same. (6*^") That since there are now fifty-one 



292 



APPENDICES. 



Excerpts from persones allready in the Hospitall, that the Councill would reject any bills that 

St atute s. would come in hereafter without a vacancy, especially since there is no place 

for building roumes to them in the Hospitall, as the Report under the hands 

of the Committee bears. Which being considered be the Councill, they 

approved of the said Report." 

24!th August 1720. 

Council Records, " Particularly having made out a stated account of the Hospital's revenue 

vol. xiviii. p. 199. a^jj(j expense, they found the present yearly revenue of the Hospital to be four 
hundred and seventy-nine pounds, seventeen shillings, tenpence two-thirds 
sterling, and the amount of its annual expense taken at a medium of ten 
years, viz., from Martinmas 1707 to 1717 years, to be five hundred sixty-one 
pounds, ten shillings sterling ; whereby it appears the Hospital has been super 
expended in the sum of eighty-one pounds, twelve shillings, one pence, and third 
sterling annually during these years, and that the super expense of one year 
in the two years from Martinmas seventeen hundred and sixteen to Martinmas 
seventeen hundred and eighteen is thirty-nine pounds, ten shillings, and nine- 
pence, and five-sixths sterling, although the number of persons in the Hospital 
has been less in these as in former years. Having noticed the funds out of 
which the said payments or expense has been paid, they found it to be the 
incident donations made to the Hospital, and a debt of three hundred thirty- 
three pounds, six shillings, eight pence sterling due by the heirs of the deceast 
William Cleghorn. . . . Having calculated the expense of maintaining a person 
in the Hospital, they found it to be nine pounds sterling, and the charge of a 
chaplain, housekeeper, and servants, maintenance of the fabriek, public burdens, 
and incidents, to be one hundred and twenty-five pounds sterling per annum ; 
whereby it appears the Hospital is not able to maintain on its present revenue 
more aa forty persons. . . . That for replacing the donations and such part 
of the stock as has been sunk in super expense, no greater number of persons 
as forty be admitted into the Hospital till the sum of five hundred pounds 
sterling is added to its present stock." 



lUh November 1720. 

Hospital Records, A committee of inquiry made the following report : — " They find the yearly 

^o'- i. p. 1. present revenue of the Hospital to be four hundred and seventy-nine pounds, 

seventeen shillings, tenpence, and two-thirds of a penny sterling, and the 
amount of its annual expense, taken at a medium of ten years, viz., from 
Martinmas one thousand seven hundred and seven years, to Martinmas one 
thousand seven hundred and seventeen years, to be five hundred and sixty- 
one pounds ten shillings; whereby it appeared that the Hospital had been 
super-expended in the sum of eighty -one pounds, twelve shillings, one penny. 



HOSPITAL STATUTES AND COUNCIL RECORDS. 293 

and one-third of a penny, annually during those years, and that the super- Excerpts from 
expence of one year in the two years, from Martinmas jajbjj of and sixteen, Statutes, 

to Martinmas jajbjj of and eighteen years, is thirty-nine pounds, ten shillings, 
ninepenee, and iive-sixths of a penny, although the number of persons in the 
Hospital had been less in these as in former years. Having noticed the funds 
out of which the said super-expence had been paid, they fand it to be the in- 
cident donations made to the Hospital, and a debt of three hundred and thirty- 
three pounds, six shillings, and eightpence due by the deceast William Cleghorn. 
Having lookt into the sourse of those evils, they fand the cause of irregularities 
in the government of the Hospital to be the want of a book of statutes 
modelling the constitution thereof, and of a well chosen council of governors, 
to take upon them the administration of its affairs, and the occasion of super- 
expence to be the admission of persons into it without considering the revenue, 
arising from the want of books of accompts, so modelled as to shew the exact 
state of the Hospital, and to what number of persons the revenue's adapted. 
Having calculate the expense of maintaining a persone in the Hospital, they 
find it to be nine pounds sterling, and the charge of a chaplain, housekeeper, 
and servants, maintinance of the fabrick, public burdens, and incidents, to be 
one hundred and twenty-five pounds per annum ; whereby it appeared the 
Hospital is not able to maintain on its present revenue more as fourty persons." 
... It was recommended, " that for replacing the donations, and such part of 
the stock as had been sunk in super-expence, no greater number of persons as 
fourty be admitted in the Hospital till the sum of five hundred pounds sterling 
is added to its present stock." 

1th December 1720. 

Statute I. 

" The Hospital shall be governed by a Council of Governors, consisting of Hospital Records, 
twenty-one persons : whereof the Lord Provost, the four Bailies, the Dean of ^'°'- '■ P- ^• 
Guild, and the Treasurer of the city of Edinburgh, during their continuance in ^^* ^'^''- ^^2''- 
office, shall be seven ; the persons who sit in the Town Council in the character 
of old Magistrates, during their continuance in Council in that character, shall 
be seven more; and the Deacon Convener, the two Ministers of the College 
Kirk for the time being, and four tradesmen to be chosen by the Town Council, 
shall be the other seven." 

Statute III. 

"The persons to be admitted into and maintained in the Hospital shall 
be no other than old men or women, Burgesses, Burges' wives, or children of 
burgesses, not married nor under the age of fifty years, or shall be persons of 
the age and state of life before-mentioned presented by the Donators of Two 
hundred and fifty pounds sterling ; and the number of persons to be constantly 
VOL. II. 2 P 



294 



APPENDICES. 



Excerpts from entertained shall be so many as the Revenues of the Hospital can conveniently 
Statutes. maintain, after deduction of the charge of management and maintaining the 

fabrick." 

Statute IV. 

" The Donar of the sum of Two hundred pounds sterling, shall be privileged 
to present a man or woman to the Council of Governors, qualified in all respects 
as in the foregoing statute; or the donar of Two hundred and fifty pounds 
sterling, shall be privileged to present any person whatsoever of the age and 
state forementioned, to be admitted into, and maintained in the Hospital, at 
the end of six months after payment of the respective sums before-mentioned, 
and the Privileges shall descend to Heirs and Successors whatsoever : Provid- 
ing, nevertheless, that no person be presented upon the decease of another till 
twelve months are elapsed after the last person's decease." 

Statute V. 

" All persons admitted into the Hospital shall be provided with decent 
apparel, wholesome food, and convenient lodgings ; furnished with clean linen, 
bed and bed clothes ; shall have such allowance payed them weekly for petty 
incident expenses as the Council of Governors shall think fit, and shall be 
decently buried at the Hospital's expense. But each person shall bi'ing into 
the Hospital at their admission, a bed and bed clothes for their own use, and 
shall sign a writ by which they transfer and dispone to the masters, for the 
behoof of the Hospital, all the goods and gear, money or effects, they are 
possest of at their admission; and shall further solemnly promise before the 
Council to demean themselves orderly in the Hospital, to be obedient to the 
orders of the Council, and to obey the Governour and Governess in all their 
just and lawful commands." 

Excerpt from Decreet- Arbitral of Lord Ray, dated 12th March 1729-30. 

"And finds, decerns, and declares that the Council, ordinary and extra- 
ordinary, have the sole power and right of governing the Trinity Hospital, 
and cannot delegate the same to any other person or persons whatsoever." 



Excerpt from Minutes of Council, dated 24<th February 1731. 

Council Records, " And considering that severall weil disposed persons, from a pious and 

viii. hu. p. 295. charitable disposition, may inclin to purchase a priviledge of one nomination 

of a man or woman to be presented to the Trinity Hospital, raither then to 

go the full length of a purchase of a right to present, whereby the funds of 



HOSPITAL STATDTES AND COUNCIL RECORDS. 



295 



the Trinity Hospital may in time be considerably incressed. Therefore they 
do heirby staitut and ordain, that heirafter the donor to the said Hospital 
of the sum of One hundered pounds sterling, at leist, shall be intituled to a 
priviledge for once, and no oftner, of nominating to the Council a man or 
woman not under the age mentioned in Statut, unmarried, and of a 

sober life and conversation, whom the Council shall be olDleidged to present to 
the said Hospital, notwithstanding the man be not a burges, or the woman 
shall not be a relict of or a daughter to a burges, to be maintained in the said 
Hospital dureing all the days of his or her natural life, and appointed this to 
be entered in the said statuts as the cheyster." 



Excerpts from 
Stiitutes. 



vol. 



135. 



8th February 1744. 

" The Governors enact, statute, and ordain, that all grants, powers, and Hospital Records, 
priviledges of exhibiting and presenting hospitulars to be made and granted to 
whatever person or persons who, in consideration thereof, shall gift or mortify 
any sum or sumes of money to the use of the said Hospitall, shall in all time 
comeing be with and under the following condition, viz., That in case that at 
any time hereafter, the interest or @ rent of money shall be by law reduced to 
a lower rate than five per cent, upon the death or removall of any poor person 
or hospitalar who shall be exhibited and presented in virtue of any such powers 
and priviledges (after @ rents or interest shall be so diminished), his or her 
room and place shall be and remain vacant and unfilled up untill the @ rents 
arising and falling due upon such principal sumes as shall be so gifted and 
mortified shall run up to a sume which, when conjoined with the principal 
sumes, shall produce one @ or interest equall to what such principal sumes 
would produce at the rate of five per cent." 



vol. 



p. 21. 



2Sth AugvAst 1771. 

" Baillie Wright, from the Committee on the Trinity Hospital Affairs, to Hospital Records, 
whom the proposal from the Merchant Company for purchasing a right of 
presentation to the Trinity Hospital was remitted, reported they had caused 
make a calculation of the expense of maintaining a member thereof upon a 
medium of the annual expense for the last six yeai's preceding the first 
November 1770, and find it to be fifteen pounds, nineteen shillings, and sixpence 
sterling per annum. That at present a right of presentation of a burges (such 
as that now proposed to be purchased) is rated at two hundred pounds sterling 
of purchase money, and one as large as (£250) two hundred and fifty pounds. 
From whence it is evident that the Hospital must lose upon every presentation 
they sell at this i-ate, especially considering that no more than four per cent. 
can be had for money lent for any length of time, payable half-yearly, which 



296 



APPENDICES. 



Excerpts from 
Statutes. 



the Hospital's affairs require; and therefore were of opinion that before dis- 
posing of any more of these presentations, the Council should fix such a price 
thereof as is adequate to the annual maintenance of the presentee." 



25th March 1772. 

Hospital Records, The Magistrates enacted and statuted in terms of the Report of a Committee, 

vol. V. p. 45. by which they " did find that neither the interest of two hundred pounds for a 

restricted jjresentation, nor the interest of two hundred and fifty pounds for a 
presentation at large formerly paid for rights of presentation to the Hospital, 
are adequate to the present expense of maintaining a member therein, and 
therefore were of opinion that the Council as Governors of the Hospital, should 
for the future fix and settle the same in manner following, viz., for a right of 
presentation at large, three hundred and fifty pounds, and for a restricted 
presentation, to witt for a burges or gild brother's widow or child, three hundred 
pounds, and the Committee were further of opinion that the statutes of the 
Hospital should be reprinted with the above alteration." " Further, the Com- 
mittee were of opinion that the Council should appoint the purchase money of 
a patronage to be advertised in the newspapers, and also to be printed on a 
board over the Hospital gate, as the Report under the hand of the Committee 
bears. Which being considered by the Magistrates and Council, they, with the 
Extra'"" Deacons, approved of the said RejDort, and did, and hereby do, enact, 
statute, and appoint accordingly." 



Resolution adopted 2d September 1795. 

Hospital Records, " That in futurc each Member, previous to his or her admission to the 

vol. vi. p. 273. Hospital, should not only continue to grant a disposition omnium bonorwm in 

favour of the Hospital of everything they are possesst of previous to their 
admission as at present, but that in the same deed they should bind and oblige 
themselves, in the event of their succeeding to any heritable or raoveable subject 
other than what they are possesst of at the pei'iod of their admission, to assign 
and dispone at least so much thereof as will completely reimburse the Hospital 
of every charge and expense its revenue may have been put to, on such member 
happening to succeed to or acquire any future accession of fortune, whether 
heritable or moveable ; and upon refusing to comply with the above, such 
person or persons should forfeit the benefit of the Hospital, and be dismissed 
therefrom, and that in their stead needy persons should be admitted from time 
to time. And the Committee are also of op)inion, that this regulation should be 
intimated and read to every person who shall in future obtain the benefit of the 
Hospital, previous to sucli admission taking place : It being always understood 
that this regulation is meant only to extend to those to be admitted by the 



HOSPITAL STATUTES AND COUNCIL RECORDS. 297 

Governors on the Burges Fund, and not to aifect persons admitted in conse- Excerpts from 
quence of Presentations from the Representatives of those who purchased rights Statutes. 

of Presentation." 

17th May 1797. 

A representation was read, which bore : — " That it is now found that the Hospital Records, 
interest arising from the above sums is inadequate to the expense of supporting vol. vi. p. 352. 
a member in the Hospital at present owing to the prices of all the necessaries 
of life, and after consulting the Treasurer of the Hospital, the representor was 
of opinion, and moved, that the Governors should pass an Act declaring and 
ordaining that in future the sum to be paid for a presentation at large shall be 
the sum of four hundred pounds sterling, and for a restricted presentation, to 
wit, for a burgess or guild brother, burgess or guild brother's widow or child, 
the sum of three hundred and fifty pounds sterling. Which representation and 
motion having been seconded, the same was unanimously approved of ; and the 
Council ordained that the respective sums before mentioned shall bo paid for 
rights of presentation to the Trinity Hospital from and after this date, and 
that this Act shall continue in force untill the same shall be altered by the 
Magistrates and Council." 

22d Auyud 1821. 

" Your Committee, in going over the present Statutes and existing Acts of Hospital Records, 
the Governors, with a view to adapt them to the present times, have not found ™'- v'"' PP- 1^2- 
much to alter. They have endeavoured to embody in the following Statutes 
such detailed rules as at present stand on the authority of Acts of the 
Governors passed since the Statutes were framed ; and in presenting the re- 
gulations underwritten for their considei'ation, the Committee beg leave to 
suggest that if the Governors shall think fit to adopt them, it will be necessary 
to suspend the operation of all the Acts of the Governors containing separate 
regulations, and which are henceforth to be considered as superseded by the 
following Statutes : — 

" 1st. The sole Governors of the Hospital are, and shall be, the Lord 
Provost, Magistrates, and Council of Edinburgh, with the Deacons of Crafts 
Ordinary and Extraordinary, in Council assembled. 

" 2d. The Council of Governors (whereof a quorum is declared to be the 
same as the quorum of the Town Council by the Sett) shall have power and 
authority to govern the Hospital ; to censure, punish, and expel persons enter- 
tained in it ; to chuse, censure, and dismiss all Officers and Servants ; to direct 
its economy within and without doors ; to act with the Treasurer ; and in 
general to order all its aflairs as occasion requires, determining and concluding 
by majority of votes. And as the ordinary stated meetings of the Town 
Council are on Wednesday weekly, all business respecting the Hospital shall 



298 APPENDICES. 



Excerpts from be then and there transacted, and a separate and distinct record thereof kept 
St atute s. g^g at present, without prejudice to the Governors to meet oftner, or at other 

times and phices, as they shall see cause. 

" 3d. The persons entitled to be admitted into and maintained in the 
Hospital, or to receive an out-pension, shall be either Burgesses, wives of 
Burgesses, or children of Burgesses, not married, or under the age of fifty 
years, and the number of Persons to be constantly entertained shall be so 
many as the Revenue of the Hospital can maintain, after deduction of the 
charge of management, and of supporting the fabric. 

" 4:th. The donor of the sum of Three hundred and fifty pounds sterling 
shall be entitled to present to the Council of Governors a man or woman 
qualified in all respects as in the foregoing Statute ; and the donor of the sum 
of Four hundred and fifty pounds shall be entitled to present to the Governors 
any person whatsoever who is not married nor under fifty years of age, to be 
admitted into and maintained in the Hospital at the end of six months after 
payment of the respective sums before mentioned ; and the said privilege shall 
descend to his heirs and successors whatsoever, providing nevertheless that no 
person be presented upon the decease of another, till twelve months shall have 
elapsed. 

"5th. All persons admitted into the Hospital shall be provided with 
decent apparel, wholesome food, and convenient lodging, and furnished with 
clean linen, bed, and bed cloaths. They shall have such allowance paid to them 
weekly for petty incident charges as the Council of Governors shall think fit, 
and shall be decently buried at the Hospital's expense. And each person shall 
solemnly promise to demean themselves orderly in the Hospital, to be obedient 
to the orders of the Governors, and to obey the Treasurer, Chaplain, and 
Mistress in all their just and lawful commands, and shall sign a deed by which 
they transfer and dispose to the Treasurer, for behoof of the Hospital, all the 
goods and gear, money and effects, they are possessed of at their admission. And, 
moreover, in terms of the Act of the Governors, 2d September 1795, they shall 
likewise, in the same deed, bind and oblige themselves, in the event of their 
succeeding to or acquiring any heritable or moveable subjects other than what 
they were possessed of at the period of their admission, to assign and dispone 
at least so much thereof as will completely reimburse the Hospital of every 
charge and expense its revenue may have been put to on their account, and 
upon refusing to comply with the above, such person or persons shall forfeit 
the benefit of the Hospital, and be dismissed therefrom, and that in their stead 
needy persons shall be admitted from time to time. And it is ordered that this 
regulation shall be intimated and read to every person who shall in future 
obtain the benefit of the Hospital, previous to their admission thereto ; it being 
always understood that this Regulation is meant only to extend to those to be 
admitted by the Governors, and not to afi'ect persons admitted in consequence 
of presentations from the Representatives of those who purchased rights of 
presentation. 



HOSPITAL STATUTEvS AND COUNCIL RPXORDS. 299 

" 6i/i. That a Treasurer shall be appointed, with a suitable salary, and in Excerpts from 
all time coming he shall, before entering on his Office, find caution to the Statutes, 

satisfaction of the Governors to the extent of five hundred pounds, for the 
faithful discharge of his trust ; and that a Chaplain, Mistress, and other officers 
and servants shall be appointed by the Council as the exigencies of the Hospital 
require. 

" Itli. The business of the Treasurer shall be to frequently visit the 
Hospital in order to inspect the conduct and behaviour of all the ofiicers, 
servants, and persons entertained in it, to report to the Governors what he may 
observe amiss, to receive the Revenue, and in general to perform the whole 
duties of a factor, to defray the expense of the Hospital, and to keep regular 
Books of Accounts in the form to be prescribed to him by the Governors, to 
inspect the behaviour of the people in the Hospital in a particular manner, to 
superintend the execution of the Governors' orders, and keep all the papers 
belonging to the Hospital in the Charter House in due order. 

" d>th. The province of the Chaplain shall be to inspect the manners and 
behaviour of all the persons in the Hospital, particularly of the men, and to 
report what he finds amiss to the Treasurer ; to discourse with them, counsel, 
advise, and reprove them as occasion requires ; to officiate by praying with 
them in the morning and evening, asking God's blessing and returning Him 
thanks at meals ; and further, to do what else the Governors shall from time to 
time direct concerning his office. He shall be maintained and entertained in 
the Hospital at bed and board, and his Salary shall be such as the Governors 
shall appoint. 

" 9i/i,. The business of the Mistress shall be to inspect the manners and 
behaviour of all persons in the Hospital, particularly that of the women, and to 
report what she finds amiss, and officiate as housekeeper, taking charge of the 
provisions of meat and drink brought into the Hospital, overseeing the dressing 
and disposing thereof, and accounting for it to the Treasurer ; and further to 
do whatever the Governors shall from time to time direct concerning her 
office. She shall be maintained and entertained in the Hospital, and her Salary 
shall be such as the Governors shall appoint. 

"IQth. That the Surgeon shall make a monthly report of the state of 
Health of the Inmates, and before any person presented to the Hospital shall 
be admitted to the House, the Surgeon shall be required to see them, and to 
report to the Treasurer whether the person presented labours under any disease 
that :may render it dangerous and improper to receive him or her into the 
House ; and in the event of the Report of the Surgeon being against the 
admission of any person, the Treasurer shall immediately bring the matter 
under the notice of the Governors. 

" Wth. All the members of the Establishment shall be obliged to attend 
prayers evening and morning, except in case of sickness, and the names of 
absentees shall be marked in a Book and reported to the Treasurer, in order 
that he may lay the same before the Governors. 



300 APPENDICES. 



Excerpts from " 12th. All the Inmates shall be in the house by Eight o'clock at night, 

Statutes. both in the winter and summer. The Bell to be rung at that hour, the roll to 

be called, and the persons absent to be marked in a Book to be kept by the 
Chaplain for that purpose. The doors to be locked at the above hour, and none 
to be admitted into or go out of the house thereafter without the express 
permission of the Chaplain or Mistress. 

" 13th. Every Governor shall at his admission, and before he enter upon 
the exercise of his Office, take the following oath, to be administered to him by 
the City Clerk, viz. : — I, , do faithfully promise and solemnly 

swear that I will punctually observe the Statutes of this Hospital, and demean 
myself uprightly, disinterestedly, and honestly, in the choice of officers and 
servants, and in all matters which concern the Hospital. And if I, at any time, 
find any person attempting or endeavouring to embezzle its revenue or defraud 
it in any manner, I will vigorously oppose him, and reveal it to the Council of 
Governors. This I promise and swear by God, as I shall answer to God at the 
great day. 

" Every Treasurer shall in like manner, before he enter upon the exercise 
of his Office, take the following oath, viz. : — I, , now appointed 

Treasurer of the Trinity Hospital, do faithfully promise and solemnly swear 
that I shall faithfully and honestly perform all that is required of me by the 
Statutes of this Hospital by God, and I shall answer to Him at the Great Day. 
And the same oath mutatis mutandis shall be taken by the Chaplain and by 
the Mistress. (Signed) John Turnbull, Preses." 

"The Governors having considered the foregoing Report, Statutes, and 
Regulations, approved of the same, enacted and declared in terms thereof, 
directed the same to be printed for the use of the Governors." 

Resolutions adopted with Reference to the Closing of the Hospital, 

9th December 1845. 

" 1. That the Inmates now on the roll shall continue in the meantime to 
receive ten shillings per week, in the manner and under the conditions stated 
in the Minute of the Govei-nors, dated 23d April 1845. 

" 2. That application shall be made to the Governors of James Gillespie's 
Hospital, to receive into that Hospital, on such terms as may be agreed on, such 
of the present Inmates of Trinity Hospital as would prefer this to the money 
allowance which they are now receiving. 

"3. That until the erection of a new Hospital, every person hereafter 
chosen by the Govei-nors for admission into the house shall receive twenty 
pounds per annum in full of every claim, to be paid by the Treasurer in such 
manner as shall in each case be judged most expedient, provided their conduct 
in all respects shall be such as is required by the Statutes. At the opening of 



HOSPITAL STATUTES AND COUNCIL RECORDS. 



301 



the new Hospital, their state of health shall be certified by the Surgeon ; and, if 
satisfactorily reported on by him, they shall provide the furniture required by 
the Statutes. If the report be unsatisfactory, or if they fail to provide the 
furniture, said persons shall continue to receive the annual allowance as before. 

" 4. That letters should be addressed by the Treasurer to those individuals 
and public bodies who are entitled to present persons for admission into the 
Hospital, requesting them, under the very peculiar circumstances of the 
Hospital, to require every person to be hereafter presented by them for 
admission to conform to the above arrangement. 

" 5. That such letters should explain that, if more agreeable to the patrons 
to present two qualified persons on occasion of each vacancy, each of whom 
should receive one-half of the pi'oposed money allowance, the Governors have 
no objection to their doing so, — it being of course understood, that when the 
new Hospital shall be ready, neither of such sets of presentees should be 
entitled to admission while both are alive, and that on the death of either, the 
survivor should be entitled to admission only on the footing of article S'*"" 



Excerpts from 
Statutes. 



22cZ August 1854. 

" Read Report of the Committee to whom was remitted Representation by Hospital Records, 
the Clerks regarding the mode of recording the Council's proceedings as ^°'- ^'^- P- ^^^- 
Governors of the Hospital; which Representation and Report are of the 
following tenor: — 



" ' Edinburgh, 7th August 1854. 

" ' The Clerks beg to submit the following statement to the Magistrates and 
Council, as Governors of Trinity Hospital : — 

" ' Anterior to 1720, their proceedings in reference to Trinity Hospital were 
engrossed in the Council Records, in common with those regarding other matters 
under their charge. In the year mentioned, the management of the Hospital 
and all its concerns, excepting the election of inmates, was devolved on a body 
called the Trinity Hospital Council, consisting of twenty-one persons, whereof 
six were not members of the Town Council. 

" ' The Council thus constituted had a Clerk of their own, and, as a neces- 
sary consequence, a separate record of their proceedings was commenced to be 
kept. 

" ' Matters continued on this footing until 1730, when it was determined 
by Lord Islay's Decreet- Arbitral, that the sole power and right of governing 
the Hospital belonged to the Town Council, and that they could not delegate 
the same to any other person or persons whatsoever. The separate clerk was, 
however, permitted to continue until 1737, when the Coimcil determined that 
the office of clerk to them, in their character of Governors, was inherent in the 
Town Clerks, and the person then in office in the separate character was 
superseded. 



Hospital Records, 
vol. xiv. pp. 1.17- 
160. 



VOL. II. 



2q 



302 



APPENDICES. 



Excerpts from 
Statutes. 



" ' Notwithstanding that the reasons which had obviously led to the keeping 
of a separate Record no longer existed, the Record has continued to be kept 
down to the present day, sometimes more and sometimes less perfectly than at 
others. 

" ' In the opinion of the clerks this system is attended with various dis- 
advantages. The making up of the separate Record is very apt to be regarded 
as a secondary piece of business. The Minutes are never read in Scroll, and are 
thus not subjected to review, neither are they signed in open Council like the 
ordinary Minutes of the Town Council. Other disadvantages might be stated, 
but these seem sufficient to warrant the clerks in submitting for consideration, 
whether the principle according to which the proceedings of the Town Council 
in reference to every other trust under their charge, such as the College, the 
High School, Dr Bell's Trust, Mr Lennie's Trust, are engrossed in one and the 
same record with the more strictly municipal transactions of the Council, should 
not be again extended to their actings in reference to the affairs of Trinity 
Hospital. 

" ' No fear need be entertained that by the proposed change there would 
not be the same facility of access to the Records as at present. The index to 
the Council Records, which is faithfully kept up, would afford everything that 
could be desired on this head. 

" ' If the Governors acquiesce in the foregoing views, it will be necessary to 
rescind so much of the existing Statutes as directs a separate Recoi'd of their 
proceedings to be kept. (Signed) John Sinclair.' " 



Hospital Records, 
vol. xiv. p. 160. 



" ' Edinhwgh, \Uh August 1854. 

" ' The Trinity Hospital Committee having considered this Representation, 
approve thereof, and Recommend to the Governors, 

" ' 1. To resolve that from and after the ensuing annual election of 
Councillors the Minutes of the Council, as Governors of Trinity Hospital, shall 
be engrossed in the Council Records, and dealt with in all respects in the same 
manner as the other Minutes of the Town Council. 

" ' 2. To rescind so much of the existing Statutes as directs a separate 
Record to be kept of the Council's proceedings as Governors of the Hospital. 

" ' (Signed) Ad. Morrison, P.' 

" The Governors approved of the foregoing Report, and Resolved and Re- 
scinded accordingly." 



lUh October 1862. 

Council Records, " ' Edinburgh, 10th October 1862. — The Treasurer's Committee having con- 

vol. cclxxxv. p. 122. sidered the representation by the City Accountant, and having conferred with the 

Trinity Hospital Committee, beg to recommend that a sum of £80 per annum be 



HOSPITAL STATUTES AND COUNCIL RECORDS. 



303 



charged against the Hospital funds, for management, as from Candlemas last, at 
which date the charge of the Hospital accounts devolved on the officials in the 
City Chambers. The sum to be so charged will fall to be placed to the credit 
of the City's Municipal Account. (Signed) John Greig, Tr.' 



"The Magistrates and Coimcil approve of the foregoing Report, 
directed accordingly." 

8th September 1863. 



and 



" Two inmates admitted to Hospital on Burgess Fund, and four out- 
pensioners appointed on Burgess Fund." 



Excerpts from 

Statutes. 



Council Records, vol. 
cclxxxvii. p. 118. 



Gift of a Right of Patronage. 

"Edinburgh, 2d November 1732. — They, for the many great and good 
services done by the said Andrew Gardner to this Hospitall, granted and 
disponed to him and his heirs and successors the right and privilege to present 
a man or woman to the Council of Governours of this Hospitall, who shall be 
qualified in all respects as the Statutes of the Hospitall directs, and who shall 
be admitted into and maintained in the said Hospitall according to the known 
custom thereof: Providing always that no person be presented by the said 
Andrew Gardner or his forsds. untill twelve months elapse after the decease of 
the first person to bo presented, and so furth for the future." 



Hospital Records, 
vol. i. p. 46. 



[V. 



304 APPENDICES. 



Regulations as to REGULATIONS as to Admission o£ Burgesses and Guild Brethren. 

Admission of 



Burgesses, etc. 



" 28th September 1871. 

" The Magistrates and Council approved of the following Report : — 
" Previous to the passing of the Act of Council Stli October 1861, it was a 
sufBcient qualification for admission as burgess of the city, that the applicant 
had carried on business on his own account for one year, or been a householder 
for three years of uninterrupted occupancy within the ancient or extended 
royalty at the time of admission. And these conditions were subject to 
exceptions in favour, (1), of persons entering in right of their masters; (2), of 
persons entering any of the City Trades Incorporations ; (3), of persons entering 
the Merchant Company ; (4), of the officials of the city and Heriot's Hospital. 
By the Act of Council of 8th October 1861, above referred to, it was declared, 
' That unless a specific motion for admission of honorary burgesses, and in the 
case of persons elected members of Council, no person should in future be 
admitted a burgess of the city who shall not produce satisfactoiy evidence that 
he has carried on business as a master within the city for at least three years 
immediately preceding the date of the application, or that he has resided at 
least six years within the city immediately preceding the date of application, 
and occupied as owner or as tenant a private dwelling-house assessed at not less 
that £15 sterling of annual rent for at least three of these years.' By Act of 
Council of 4th February 1862, the exception in favour of persons entering the 
Merchant Company was revived ; and by another Act, of date 7th July 1868, 
the exception in favour of the officials of the city and Heriot's Hospital was 
renewed. The difference between the existing conditions and those in force 
prior to October 1861, consists, therefore, in the exclusion (1), of persons 
entering in right of the masters in the Incorporated Trades to whom they have 
served I'egular apprenticeships ; (2), of persons desirous of becoming members 
of such incorporations, burgess-ship being a condition of entry ; and (3), the 
condition of six years' residence instead of three, or carrying on business for 
three years instead of one year. The Committee unanimously recommend 
that the exception in favour of apprentices and proposed members of the 
Trades Incorporations be revived, and that the former condition shall qualify 
citizens for admission, viz., that the party shall have carried on business on his 
own account for one year, or been a householder for three years of uninterrupted 



ADMISSION OF BURGESSES AND GUILD BRETHREN. 305 

occupancy at the time of admission, within the city ; with this qualification, Regulations as to 
that the claimant shall instruct payment by him of the police and poor rates gy^g^gg^" °(g 
chargeable against him during such periods." — L 

Excerpt from Act of Council, dated 18th May 1869. 

A petition by Helen Stevenson or Marshall, who kept shop 144 Cowgatc in 
her own name, and stating that her husband was alive but not living with her, 
and that she had four children, and " desired admission in order that they might 
give her the power to purchase a Burgess ticket in the name of her husband, so 
that her children may have a chance of reaping some benefit from it in the 
event of anything occurring to herself," was remitted to a Committee, who 
reported : — 

..." Having regard to the fact that the essential conditions of burgess-ship 
in this city at the earliest times has been, as it is expressed in the old Records, 
that they should ' hald stob and staik therein and walk ward, pay extentis and 
shattis within the burgh conforme to their substance,' and that there is sufficient 
precedent for doing so, the Committee are of opinion that the woman herself 
should be admitted burgess. She fulfils all the conditions above-mentioned, 
and there appears no good ground in reason or equity why she should be 
excluded from any benefit attaching to the fulfilment of these conditions. 

"W. Chambers, L.P." 

The Magistrates and Council approved of the general principle. 

14-th June 1869. — Under remit of powers, the Committee authorised ad- Guild Record, uf 
mission of Mrs Marshall as burgess, and she was admitted. ^^ ^lat June 

Fees of Admission. 

Burgess or Guild Brother. 

In right of father, wife, or master, . . . .£450 

As stranger, . . . . . . .£550 

Burgess and Guild Brother. 

If father, wife, or master, a Burgess and Guild Brother, . £8 5 
If father, wife, or master, a Burgess only, . . .£950 
If stranger, £10 5 

Burgess. 
Any person elected councillor, . . . . . £0 11 



306 



APPENDICES. 



Regulations as to 
Admission of 
Burgesses, etc. 

19th Sept. 1865. 
Council Records, 
vol. ccxci. p. 111. 



Merchant Company. 

Approved of a report recommending that as regards persons joining the 
Merchant Company, the Council should restrict the fees on admission of Guild 
Brethren to one half of those at present exacted, making the total fees payable 
by Burgesses and Guild Brethren joining the Merchant Company as follows : — 



I. If father or father-in-law a Burgess and Guild Brother, 
Burgess, . . £4 

Guild Brother, . . 2 

Stamp, . . . 5 



II. If father or father-in-law a Burgess only. 
Burgess, 

Guild Brother, . 
Stamp, . 



Ill, In other cases, 



Burgess, 
Guild Brother, 
Stamp, . 



£6 5 

£4 

2 10 

5 

£6 15 



£5 
2 10 
5 



£6 5 



£6 15 



£7 15 



£7 15 



OBSERVATIONS BV HOSPITAL GOVERNORS. 307 



VI. 

EXCERPT from Observations by Governors of Trinity Hospital Excerpt from 

T\ i-i T> i Obaervationa by 

on Dratt Report. Governors. 

Alexander Mortification. 

Tlie Governors entirely object to the inference drawn by the Reporter on 
page 53, " That the ordinary administration in reference to this mortification 
may be restored to the tenor in which it was directed by the ti'uster, and the 
patronage placed in the hands, not of the Provost, Bailies, and Council alone, 
but in conjunction with the ministers of Edinburgh, present and to come." For 
two hundred years the Lord Provost, Magistrates, and Council have administered 
this mortification ; and they maintain that, if in point of law the ministers of 
Edinburgh had originally a right of presentation along with the present Go- 
vernors, that right has lapsed by non-usage. If a conjunct administration was 
again proposed, it could lead to nothing but litigation, and endless questions as 
to the amount of the funds of the mortification, the proportionate increase 
thereon, and a separate system of accounts, which the Governors maintain is 
not required. A question might arise also as to who, in the present day, were 
included under the title of the ministers of Edinburgh. A general expression 
of this kind is used in the Charter of the Royal Infirmary ; and it has been 
maintained, in reference to that description, that any minister labouring in any 
settled charge in Edinburgh, whatever was his denomination, was eligible for a 
governor for that institution. 

Observations on Scheme proposed by Reporter. 

The Lord Provost, Magistrates, and Town Council have no objections to 
the scheme proposed, except to the extent after mentioned. They consent that 
a portion of those who are presented to the benefit of the Charity should be 
selected from the class of persons labouring under incurable disease, and they 
are also disposed to make trial for a short time of the alteration on the scale of 
payments proposed by the Reporter ; but they are very strongly of opinion that, 
for the permanent administration of the Charity, there should be only two 
scales — the one scale being £15, instead of £10 ; and the other £25, instead of 
£20. At first it may be considered prudent to have four scales; but the 



308 APPENDICES. 



Excerpt fr..ni Governors ought to have the power to drop the £10 and £20 annuities when 
Observations by ^^j^gy fggj jj^ expedient to do SO, and return to two scales as heretofore, increased 

Governors. •', i • j 

as above explained. 

The Governors also approve of a more efficient surveillance than has 
hitherto been exercised over the recipients of the Charity. But they decidedly 
object to the suggestion made by the Reporter, that the recipients of relief 
should not be limited to burgesses. The applicants are so numerous at present, 
tliat, if the restriction as to their being burgesses were taken away, it would 
almost bo impossible for the Governors to overtake, investigate, and to decide 
upon the claims of the parties applying. The Governors would therefore 
suggest that the rule should be — That, in the first instance, the applicants 
should be confined to burgesses; and if at any time there should not be a 
sufficient number of applicants from the burgess class whose claims were strong 
enouo-h to entitle them to admission into the benefits of the Hospital, that the 
Governors should have power, in that event only, to extend the benefits of the 
Charity to those who are not burgesses. 

The Governors are further of opinion that permanent residence in Edinburgh 
should not be made obligatory on the recipients of the benefits of the Charity. 
There is no doubt that their removal from Edinburgh interferes with their 
proper superintendence ; but the Governors are of opinion that everything 
necessary in this respect would be attained by making a rule, that the consent 
of the Governors to their removal from Edinburgh should be necessary before 
such removal, so as to entitle them to continued relief from the fund. In order 
to secure better superintendence, the Governors would propose that, instead of a 
lady superintendent, as suggested in the Report, the medical officer be entrusted 
with the superintendence of the whole pensioners, and that he should be bound 
to visit each one of them at least twice a year, and give in a report on each 
case to the Governors after his visitation. In the event of any of the pensioners 
residing at such a distance as would prevent a personal call from the medical 
officer, then the Governors think he should be authorised to employ a medical 
man in the place where the pensioner or pensioners reside, to report on their 
state and condition, and that that report should be produced to the Governors 
along with the medical officer's half-yearly report. 

The Governors have further to suggest that, instead of laying down an 
absolute rule that one-fourth of those on each scale presented by the Governors 
should be selected from the class of persons labouring under incurable diseases 
disabling them from exerting themselves to earn their own livelihood, the rule 
should be that not more than one-fourth on each scale should be selected from 
that class. The Governors ask the rule to be altered as they suggest, because 
it may frequently occur that it would be impossible to get such a large number 
of the class referred to applying for the benefits of the Charity. This has 
been their past experience, and they are satisfied it is likely to occur again. 



DISPOSITION OMNIUM BONORVM. 309 



VII. 

FORM OF DISPOSITION exacted from Beneficiaries on the Inmate Roll. Form of Dis- 

position 

exacted from 

Disposition (Omniuin Bonorwni) by Beneficiaries. 

in favour of the Treasurer of the Trinity Hospital of Edinburgh, for 

behoof thereof. 

I, , considering that the Lord Provost, Magistrates, and 

Council of the City of Edinburgh, Governors and Administrators of the Trinity 
Hospital of said City, by their Act of date the day of 

Eighteen hundred and , admitted me a Member of the said Hospital 

and that upon the usual conditions, particularly upon condition of my granting 
a Disposition Omnium Bonorum, in favour of the said Hospital, in manner 
underwritten: Therefore I do hereby Assign, Dispone, Convey, and Make 
Over, to and in favour of , Treasurer of the said Hospital, and his 

Successors in Office, in name and for the use and behoof of the said Hospital, 
the whole heritable and moveable means and estate at present pertaining to 
me, dispensing with the generality hereof, and admitting these presents to be 
as valid and effectual to all intents and purposes as if every particular hereby 
conveyed were expressly engrossed herein and set down : Surrogating and 
Substituting the said Treasurer and his foresaids, in name and for the use and 
behoof of the said Hospital, in my full right and place of the premises for ever ; 
Receipts and Discharges to grant in whole or in part which shall be sufficient 
to the receivers, and generally every other thing in the premises to do, which 
I could have done myself before the granting hereof ; And further, in terms of 
the Statutes of the said Hospital, I Bind and Oblige myself, my heirs, executors, 
and successors whomsoever, in the event of my succeeding to any heritable or 
moveable estate at any future period of my life, to assign, dispone, and convey 
to the Treasurer of the said Hospital for the time, at least so much thereof as 
will completely reimburse the said Hospital of every charge and expense its 
Revenue may have been put to on my account, and that immediately upon my 
succeeding to or acquiring any accession of fortune, whether heritable or move- 
able ; Moreover I do hereby with and under the provision and declaration 
aftermentioned. Give, Grant, Assign, and Dispone to and in favour of the said 
, Treasurer of said Hospital, and his Successors in Office, 
in name and for the use and behoof of the said Hospital, All and Sundry Lands 
and Heritages, and in general the whole estate, heritable and moveable, real 

VOL. II. 2 B 



310 



APPENDICES. 



Form of 

Disposition 

exacted from 

Beneficiaries. 



and personal, of what kind or denomination soever or wheresoever situated, 
at present belonging and addebted, or that shall belong and be addebted to 
me at the time of my death ; together with the whole vouchers and instruc- 
tions, writs and evidents of, and concerning my said estate, with all that has 
followed or may be competent to follow thereon; Providing and Declaring 
always that the said Treasurer and his foresaids shall account to my heirs and 
assignees for the residue of my said estate after reimbursing the said Hospital 
of every charge and expense its Revenue may have been put to on my accoimt ; 
And I hereby Nominate and Appoint the Treasurer of the said Hospital for 
the time to be my Sole Executor, with full power to intromit with my whole 
moveable estate, to give up Inventories thereof, to confirm the same, and 
generally to do everything competent in the premises ; And I Bind and Oblige 
myself and my foresaids to warrant these presents to be good and valid to the 
said Hospital from my own proper facts and deeds done or to be done in 
prejudice hereof ; And I Consent to the registration hereof for preservation 
and execution. In Witness Whereof. 



REPORT ON WEMYSS TEINDS. 



311 



VIII. 



TEINDS OF WEMYSS. 
Excerpt from Minutes of Council of 26th April 1842. 



Teinds of 
Wemyss. 



Read a Report by the Law Committee, to whom was remitted Report 
by the clei-ks concerning the City's Teinds, both which are of the following 
tenor : — " In terms of the remit made to them on 29th ultimo by the Magistrates 
and Council, ' to examine into the state of the Teinds belonging to the Lord Report by the Clerks. 
Provost, Magistrates, and Council, in the view of ascertaining their value, and 
how far it may not be possible to render them more available,' the clerks have 
made the requisite inquiries, and have now to report : — 

"That the Lord Provost, Magistrates, and Council, as Patrons of the 
University or College of Edinburgh, are titulars of the whole teinds of the 
parishes of Ciirrie and Gogar (now annexed to Corstorphine) in Midlothian ; 
Wemyss in Fife ; Kirkurd in Peebles ; Lemjntlaw (now annexed to Sprouston) 
in Roxburghshire ; and Dwmhamey in Perthshire ; and of the vicarage teinds 
only of Livingston, Linlithgowshire. . . . 

" That in Table 7, page 45, of the ' Third Report of the Commissioners of 
Religious Instruction in Scotland,' it is stated that the teinds of the parish of 
Wemyss amount to £1319, 14s. in money, while the minister's stipend is only 
£253, lis. 3d., leaving an appai-ent unappropriated surplus of no less than 
£1066, 2s. 9d., which, if correct, would belong to the Town Council. But un- 
fortunately that statement is qualified by the terms of the Report itself (pages 
7 and 8), which bears ' that the value of the gross teinds was obtained either 
from decrees of valuation, or, where the teinds have not been previously valued, 
from the rental of the lands, the fifth of the rent being taken to be equal to the 
teind ; but that the Commissioners had been unable in many instances to 
discover whether the postponed teinds have been valued or not, and may 
therefore have stated them at their present value, when in truth the heritors 
may be in possession of decrees of valuation which they have not yet found it 
necessary to exhibit, or which may have been lost.' Wemyss is one of the 
parishes in the predicament referred to ; and, as appears from the process in the 
Teind Office, the gross teinds were estimated at the fifth part of the proven 
rent, owing to the non-production of the decree of valuation which has been 
lying bui-ied in the City's Charter-House these two centuries. This decree 
bears date I7th July 1635, and declares the value of the teinds in all time 



312 APPENDICES. 



Teinds of couiing to be thirteen chalders, nine bolls, two tirlots, one peck, two lippies and 

Wemyss. j^j^|£ ^^ ^ lippy of victual, two parts bear, and one-third meal for the parsonage, 

and £250 Scots in money for the vicarage teinds. This amount of teinds 
appears to have been estimated at the money value of 2000 merks, or latterly, 
£113 sterling, which sums were paid for many years by the heritors of Wemyss 
to the Town Council, who in turn paid out of them the minister's stipend. 
Their value, calculated according to the fiar prices of 1S41, including the 
vicarage money payment, is about £204. The actual stipend, however, amounts 
to an average annual value of £253, lis. 3d., considerably exceeding the amount 
of the whole valued teind, which seems to be owing to the heritors' ignorance 
of the existence of the decree of valuation ; but as the teinds have been really 
valued and exhausted, the Town Council have obviously no farther interest 
in the matter." 

"Edinburgh, 20th April 1842. — The Committee having considered this 
Report, are of opinion that the proper steps should be taken to put an end to 
the possession of His Grace the Duke of Buccleuch of the teinds of Lempitlaw, 
and that steps should also be taken to surrender the teinds of Livingstone. 

" (Signed) Alexander S. Logan." 

The Magistrates and Council approved of the foregoing Report of the 
Law Committee, and recommitted, in order that the same might be carried 
into effect. 



LETTER FROM REV. R. H. STEVENSON, D.D. 313 



IX. 

LETTER from the Rev. R. H. Stevenson, D.D., on behalf of himself and the Letter from Rev. 

Dr Stevenson. 
Ministers of Edinburgh, to Professor Macpherson. 



9 Oxford Terrace, Uth March 1873. 
Alexander's Mortification. 

My Dear Sir, — On referring to the deed of Mr James Alexander, in which 
he bequeathed certain sums of money to be applied to the relief of " indigent " 
persons, I have no doubt that the ministers of Edinburgh are therein appointed 
to act conjointly with the Magistrates and Council of Edinburgh in the ad- 
ministration of the trust. 

The ministers of Edinburgh under whose notice I brought the matter, 
are of the same opinion ; and although it does not appear that they were ever 
called to any meeting at which persons were elected to the benefits of the 
Alexander fund, they arc unanimously of opinion that their right to a share 
in the administration is unquestionable; and I am requested to intimate to 
you their unanimous desire, that in reporting to the Court on that and the 
other matters remitted to you, you would do them the favour to report this 
opinion, and also their wish that the Court would be pleased to issue such 
order as shall in future secure to them their proper rights as " pati'ons " of 
Alexander's Grant and Mortification. — I am. Dear Sir, yours most truly, 

R. H. Stevenson. 
Professor MACPHERSON. 



314 



APPENDICES. 



X. 



Alexander's Morti- 
fication. 



ALEXANDER'S MORTIFICATION. 

Trinity Hospital — Abstract of Payments from 1st November 1819 to 

1st November 1820. 



Maintenance and Medicine, . 
Clothing, . . . . 

Coals and Candles, . 
Salaries — 

Chaplain, 

Governess, 

Women, Servants, and Porter, 

Public Burdens, 
Plenishing and Utensils, 
Funeral Expenses, . 
Repairs to Hospital, 
Incidental Expenses, viz. — 

Insurance, 

Newspaper, 



. 




. £794 


1 


3 






. 108 





2 


• 




. 134 


7 


6 


£30 











30 











21 6 















81 



6 
3 




9A 










. 86 


14 


8 






2 


15 





■ 




. 198 


12 


9A 


£1 











4 13 





t; 


Ti 


n 



Less — EflFects of Dead Members, 



Cost of 35'816 Inmates, being average during year, 



£1411 14 
. 17 5 


110 

1 


£1394 9 


QIO 


. £38 18 


8 



Alexander Fund — 

Inmates, 4 in number, at above rate, . 
Out-Pensioners, 4 in number, at £6 each. 

Amount of Expenditure, 

Income at 5 per cent, on £2270, Os. 8d., being. 

Over-payment for the year, . 



£155 14 8 

24 

£179 14 8 

113 10 

£66 4 8 



PRESENTATIONS TO THE HOSPITAL. 



315 



XL 



RETURN shewing the number of Presentations to Trinity Hospital presently 
held by the Governors themselves, and the names of other Patrons and 
number of Presentations held by each. 



Number of Pre- 
sentationa, etc. 



Names op Patrons. 

1. The Governors on the Burgess fund, .... 

" So many as the revenues of the Hospital can maintain, after 

" deduction of the charge of management, and of supporting 

" the fabric." 
Statutes, § iii. — Provision must of course be made, in the first 

instance, for the presentees of those who have acquired 

rights of presentation. 

2. The Governors of Alexander's fund, besides six out-pensioners. 



3. Incorporation of Skinners and Fur 

4. Do, of Shoemakers, 

5. The Merchants' Company, . 

6. The Ministers of Edinburgh, 

7. Do. of Old Greyfriars, 

8. The Kirk-Session of New Greyfriars, 

9. The Earl of Rosebery, 

10. Do. Dalhousie, 

11. Lady Forbes, . 

12. Mr Hog of Newliston, 

13. Representatives of Captain Innes, 
Trustees of Thomas Eraser, . 
Andrew Gairdner's heirs, 
M. Why te Melville, . 
Thomson Paul, W.S., 



ners, 



14. 
15. 
16. 
17. 



No. of 
Present- 
ations. 
1 



4 
1 

2 



City Chambers, Edinburgh, 
29f/t May 1845. 



(Exclusive of Governors), . 20 

(Signed) John Sinclair. 



316 



APPENDICES. 



XII. 



Excerpt from 

List of In-door 

Pensioners for 

1871. 



EXCERPT from List of In-door Pensioners for 1871, given in by the 

Governors. 



3. Incorporation of Skinners 

and Furriers, 

4. Do. of Shoemakers, . 



Janet Clark, . . . . 

Janet Leggat, whom failing, Jane 
Leggat, . . . . 

John Wight, . . . . 

Melville Hutchison, 
Elizabeth Morison, 

! Elizabeth M'Naughton, half-pension 
(Beech's Mortification), 
Ann Calder, half-pension, 

6. The Ministers of Edin- 

burgh.f 

7. Do. of Old Greytriars. . { jSSonuSt'''^°""- 



do.. 



i. 
s 

i 



2 
1 



8. The Kirk-Session of New J Ann Brown, 

Greyfriars, . . . \ Xavaria Crockat, 

9. The Earl of Rosebery, . Jessie Matthew, . 

{(Brown of Dalgourie Mortification, 
belongs to Lady Susan Brown 
Bourke).f 

11. Lady Forbes, . . . Lilias Ferguson, 

12. Mr Hog of Newliston.t 

13. Representatives of Captain \ 

Innes (Murray's Morti- f t> . . n-n 

£ ,. ^ , 1 •' J. iv/r VBetty Gillespie, .... 

fication, belongs to Mr f 

Andrew Grierson, W.S.) ) 

14. Trustees of Thomas Eraser, James Leslie, .... 

15. Andrew Gairdner's heirs, Hannah Grierson, . 

16. M. Whyte Melville, . . Mary M'Donald, .... 

17. Thomson Paul, W.S., . Margaret Currie, 

Penman's Mortification is omitted by the Governors from both lists, as 
they had bought it up. 

* Had exercised only half their right. 

t This presentation vacant. There were thus four private rights of presentation un- 
exercised. As private patrons are not entitled to fill up vacancies for twelve months, it 
is possible tliat the patrons had no right to have filled up these. 



OVER AND UNDER PAYMENTS — ALEXANDER FUND. 



317 



XIII. 

STATEMENT of Over and Underpayments to Beneficiaries on Alexander 

Mortification. 

From 1st November 1800 to 15th September 1873. 

Assuming Income at 5 per cent, on £2270, Os. 8d. or £113, IDs. per annum. 



Years. 


Sump paid to 
BeneflciarieB. 


Overjiaymcnts 
beyond £113, 
10s. per aouum. 


These Over- 
payments, leas 
Year's Interest 
on Accumula- 
tions. 


UDderpayments. 


Compound 
Interest at 5 per 
cent, on Accumu- 
lations, less 
Overpayments. 


Accumulations 
of Underpay- 
ments and 
Interest. 


1801 


£54 3 11 


f ... 




£ ... 


£59 b 


1 


£ ... 


£59 6 1 


1802 


53 11 11 








59 IS 


1 


2 19 4 


122 3 6 


1803 


56 8 








57 5 





6 2 2 


185 7 8 


1804 


59 17 6 








53 15 


6 


9 5 4 


248 5 6 


1805 


82 6 1 








31 £ 


11 


12 8 3 


291 17 8 


1806 


76 4 6 








37 £ 


6 


14 11 10 


343 15 


1807 


88 10 








25 i 


2 


17 3 9 


386 7 11 


1808 


94 9 6 








19 C 


6 


19 6 5 


425 14 10 


1809 


103 14 7 








9 IE 


5 


21 4 9 


455 15 


1810 


86 13 10 








26 16 2 


22 15 9 


505 6 11 


1811 


98 17 7 








14 12 5 


25 5 4 


530 12 3 


1812 


122 3 7 


8 13 


7 








18 11 8 


563 16 4 


1813 


128 4 10 


14 14 


10 








13 9 


577 5 4 


1814 


160 19 8 


47 9 


8 


18 12 5 








577 5 4 


1815 


146 3 


32 13 





3 15 9 








577 5 4 


1816 


135 3 


21 13 











7 4 3 


584 9 7 


1817 


150 6 


36 16 





7 11 6 








584 9 7 


1818 


133 1 


19 11 











9 13 6 


594 3 1 


1819 


147 16 8 


34 6 


8 


4 12 6 








594 3 1 


1820 


179 14 8 


66 4 


8 


36 10 6 








594 3 1 


1821 


150 6 


36 16 





7 1 10 








594 3 1 


1822 


171 19 


58 9 





28 14 10 








594 3 1 


1823 


173 1 8 


59 11 


8 


29 17 6 








594 3 1 


1824 


173 3 


59 10 


3 


29 16 1 








594 3 1 


1825 


166 17 3 


53 7 


3 


23 13 1 








594 3 1 


1826 


121 1 6 


7 11 


6 








22 2 8 


616 5 9 


1827 


134 11 8 


21 1 


8 








9 14 7 


626 4 


1828 


144 


30 10 











16 


626 16 4 


1829 


141 19 2 


28 9 


2 








2 17 8 


629 14 


1830 


143 5 8 


29 15 


8 








1 14 


631 8 


1831 


119 10 


5 10 


10 








26 6 


657 8 6 


1832 


111 4 2 








2 "t 


10 


32 17 4 


692 11 8 


1833 


107 15 11 








5 14 


1 


34 12 6 


732 18 3 


1834 


106 5 4 








7 4 


8 


36 12 10 


776 15 9 


1835 


86 16 2 








26 IC 


10 


38 16 9 


842 6 4 


1836 


90 7 








23 a 





42 2 4 


907 11 8 


1837 


78 1 








35 £ 


11 


45 7 7 


988 9 2 


1838 


61 17 








51 la 





49 8 6 


1089 10 8 


1839 


83 16 11 








29 IS 


1 


54 9 6 


1173 13 3 


1840 
Carry forward, . 


93 10 6 








19 1£ 


6 


58 13 7 


1252 6 4 


£4616 16 9 


£672 15 


5 


£190 6 


£595 IS 


8 


£656 7 8 



VOL. II. 



2 ,s 



318 



APPENDICES. 



Statement of Over and Underpayments to Beneficiaries on Alexander 

Mortification — continued. 



Years. 


Sums paid to 
Beneficiaries. 


OverpaymentB 

beyond £113, 

lOs, per annum. 


These Over- 
paymentB, less 
Year's luterest 
on Accumula- 


Underpay mentB. 


Compound 
Interest at 5 per 
cent, on Accumu- 
lations, lees 


Accumulations 
of Underpay- 
ments and 










tionB. 






Overpayments. 


Interest. 


Brought forward, 


£4616 16 


9 


£672 15 5 


£190 (5 


£595 18 


8 


£656 7 8 




1841 


103 5 


4 






10 4 


8 


62 12 4 


£1325 3 4 


1842 


71 15 


5 






41 14 


7 


66 5 2 


1433 3 1 


1843 


77 18 


4 






35 11 


8 


71 13 2 


1540 7 11 


1844 


87 9 


4 






26 


8 


77 5 


1643 9 


1845 


97 2 


8 






16 7 


4 


82 3 5 


1741 19 9 


1846 


79 









34 10 





87 1 11 


1863 11 8 


1847 


79 









34 10 





93 3 6 


1991 5 2 


1848 


85 10 









28 





99 11 3 


2118 16 5 


1849 


88 









25 10 





105 18 9 


2250 5 2 


1850 


88 







... 


25 10 





112 10 3 


2388 5 5 


1851 


86 10 









27 





119 8 3 


2634 13 8 


1852 


86 10 









27 





126 14 7 


2688 8 3 


1853 


88 









25 10 





134 8 4 


2848 6 7 


1854 


80 10 









33 





142 8 4 


3023 14 11 


1855 


88 









25 10 





151 3 9 


3200 8 8 


1856 


88 









25 10 





160 5 


3285 19 1 


1857 


86 10 









27 





169 5 11 


3582 5 


1858 


88 









25 10 





179 2 3 


3786 17 3 


1859 


72 13 


4 






40 16 


8 


189 6 10 


4017 9 


1860 


86 10 









27 





200 17 


4244 17 9 


1861 


93 13 


4 






19 16 


8 


212 4 10 


4476 19 3 


1862 


120 





6 io 








217 6 11 


4694 6 2 


1863 


117 10 





4 




■ •• 




230 14 4 


492S 6 


1864 


120 





6 10 




... 




239 15 


5164 15 6 


1865 


115 





1 10 








256 14 9 


5421 10 3 


1866 


96 13 


4 






16 16 


8 


271 1 6 


5709 8 5 


1867 


117 10 





4 "6 








281 9 5 


5990 17 10 


1868 


115 





1 10 








298 10 


6288 18 8 


1869 


115 





1 10 








312 18 10 


6601 17 6 


1870 


117 10 





4 








326 1 10 


6927 19 4 


1871 


110 









3 io 





346 7 11 


7277 17 3 


1872 


104 3 


4 






9 6 


8 


363 17 10 


7651 1 9 


1873 


121 13 


4 


8 "3 4 








374 7 9 


8025 9 6* 


£7788 14 


6 


£710 8 9 


£190 6 £1207 4 


3 


£6818 5 3 



To the above sum of 
Add the Capital 

Total 



£8,025 9 6 
2,270 8 

£10,295 10 2 



Note. — Professor Macpherson has furnished some of the data on which the sums paid to 
the Beneficiaries have been calculated. 
It is also to be noted that, in making the above calculations, no allowance is made for 
expense of managing the fund ; and that if a charge of 2^ per cent, were allowed 
on the revenue, including Interest on Accumulations, these Accumulations, 
instead of being £8025, 9s. 6d., would only amount to £6595, lis. 6d. 



TOWN council's OBJECTIONS TO REPORT. 319 



III. 

OBJECTIONS for the Lord Provost, Magistrates, and Council of the City 
of Edinburgh, as Governors of Trinity Hospital, to the Report of 
Professor Macpherson, dated 15th July 1874. 

1. Observations on the Suggestions made by the Reporter with reference 
to Alexander's Mortification, pages 129 to 146. 

1. The Governors object to the rectification of accounts suggested by the 
Reporter, and to the accuracy of the relative state of over and under payments 
printed in the Appendix, p. 317-8. 

It is not alleged against the predecessors of the Governors that they have 
diverted any part of the aggi'egate fund derived from the numerous private and 
public benefactions reported on, and constituting the Trinity Hospital Charity, 
to any other purpose than the support of indigent inmates and pensioners of 
the Hospital. It is only said that the funds derived from Alexander's Morti- 
fication have not been kept distinct from the other Hospital funds, and that the 
record of admissions to the Hospital does not shew a sufiicient number of 
admissions specially charged against Alexander's Mortification. But it appears, 
from the terms of Alexander's will, as quoted on page 51, that the purposes of 
that bequest are no ways distinguishable from that of the general fund, except 
in so far as a limited preference is to be given to applicants of the testator's 
kindred, or bearing the surname of Alexander, failing which the patrons are to 
select " such indigent persons, qualified in manner aforesaid, as the said patrons 
underwritten shall think fit." It consists with the experience of the present 
Governors and their officials, that during their administration there have not 
been as many applications from persons of the name of Alexander, being proper 
objects of charity, as the fund would maintain ; and in the absence of such 
applications, the Governors have been in the practice of appointing indigent 



320 APPENDICES. 



persons without reference to name or relationship, in terms of the alternative 
power quoted above. They believe that the same scarcity of applications from 
parties having preferential claims has existed for a very long time ; and accord- 
ingly that appointments were often made from the ordinary class of applicants, 
such appointments not being always noted in the minutes as appointments 
under Alexander's Mortification, because there was no strong reason for mark- 
ing the distinction. 

2. The proposed rectification of accounts can only be effected by withdrawing 
money from the general fund, and bringing it to the credit of a capital account 
in name of Alexander's Mortification. The Governors submit that it would be 
ultra vires of them to diminish the capital of one charity, in order to com- 
pensate supposed misapplications of the revenue of another charity, in its past 
administration. 

3. The Governors object to the proposed introduction of the ministers of 
Edinburgh into the management of the Charity, in the capacity of joint patrons 
under Alexander's Mortification. The Reporter observes (page 143) that " it 
does not appear that the ministers of Edinburgh ever desired, or even as a 
body heard that there had been conferred on them a special interest in this 
fund." This is possible, but is obviously in the highest degree improbable, and 
the Governors submit that the presumption is that the ministers declined the 
trust, and were willing to leave the patronage, as well as the management of 
this fund, in the hands of the Town Council, to be administered by them as 
part of the Trinity Hospital Charity. They further submit that, having regard 
to the length of time during which the Governors have exercised the patronage 
of Alexander's Mortification, they ought now to be deemed and taken to be 
lawfully constituted patrons thereof. 

4. The Governors respectfully submit to the Court that, in the exercise of 
its power of adjusting a scheme adapted to the present circumstances and re- 
quirements of the Charity, it would be expedient, instead of bringing more 
money into a trust which confers a preference on individuals of a particular 
name, rather to set aside that preference altogether, and to merge the Alexander 



TOWN council's OBJECTIONS TO REPORT. 321 

fund in the general hospital fund, so that the pensions derived from it should 
be open to the poor of any name. Apart from the preference, there appears to 
be no reason for a separation of funds. 

5. If the proposed rectification of accounts is entered upon, the Governors 
object to the results and the details of the said state, to the rate of interest, to 
the allowance of compound interest, to the allowance for expenses (which ought 
to be increased to 4 per cent.), and to the proposed extension of the inquiry beyond 
the usual limit of forty years. 



2. Observations on the Suggestions made by the Reporter as to a 
Scheme, pages 206 to 218. 

1, 2, 3, and 4. The Governors have no observations to make on the first 
four recommendations made by the Reporter as to the future application of the 
funds and administration of the Charity. 

5. This recommendation, as worded, would imply that the Reporter pro- 
poses to extend the benefits of the Charity to parties resident in Leith as well 
as Edinburgh. This is contrary to the terms of the foundation. It is sup- 
posed that what the Reporter had in view was to provide that, while leave must 
be granted to foundationers who desire to reside in the country and still to remain 
on the roll of pensioners, such leave should not be required if the removal is 
simply to the adjacent burgh of Leith. If so limited, the Governors do not 
object to the rule. 

6. The same observations apply to the wording of this rule. 

7. In this rule the Reporter suggests that the medical officer's salary should 
be fixed at £105. He seems, however, to overlook that he is fixing a rule 
which is to be operative for an indefinite time, during which the value of money 
may change. The Governors suggest that the amount of the salary should be 
left in their discretion, or that the rule should be altered so as to read that the 
salary should not be less than £105. 



322 APPENDICES. 



8. The same remarks apply to the proposed rule with reference to the 
lady visitor, with this additional objection, that the rule proposes to make it 
imperative on the Governors to employ a lady visitor. The propriety of doing 
so, the Governors maintain, should be left to their discretion. 

9. The Governors object to the proposed rule, in as far as it proposes to 
introduce four scales instead of two as at present. The Governors are strongly 
of opinion that for the permanent administration of the Charity there should 
only be two scales, the one scale being fixed at £15 instead of £10 as at present, 
and the other being fixed at £25 instead of £20 as at present. 

10. In this proposed new rule the Reporter suggests that the " applicant 
shall in no case receive more than will make his or her income, taking all 
allowances into account, amount to £50, unless in the case of beneficiaries 
having others dependent on them, in which case the Governors may extend 
the limit to £60, never, however, granting a pension of more than £25." This 
would render it necessary that the Governors, after a pensioner had been 
admitted on the list, should make an investigation annually as to whether the 
recipient had succeeded to any property, or what he or she had earned during 
the twelve months ; and this they conceive would be impracticable. If a 
pensioner ceases to be a proper object of charity, he should be withdrawn from 
the pension list. 

11. Following up the objections to Rule 10, the Governors suggest that 
the words, " subject to the general rule as to maximum income " should be 
deleted from this rule. 

12. If the Court resolve to retain only two scales of pensions, this rule will 
fall to be altered, 

13. The Governors object to the last clause of this rule that " any pensioner 
who marries shall forfeit his or her rights." An absolute condition in restraint 
of marriage would be regarded by many as improper, and such conditions, when 
made by testators, are discouraged by the law. The Governors have no objec- 



TOWN COUNCILS OBJECTIONS TO REPORT. 323 

tion to a rule being made to the effect that, in case of a pensioner marrying, his 
claim should be reconsidered. 

14. It is proposed to add to this rule, after the words " confined in lunatic 
asylums," the words, " supported by the Parochial Board." 

15, 16, 17, 18, 19, 20. No objections. 

In respect whereof, <^c. 

John M'Laken. 



IV.— Note 



324 APPENDICES. 



IV. 

NOTE for the Lord Advocate in the Process of Declarator, &c., at the instance 
of Margaret Clephane and Others, Members, Beneficiaries or Pensioners 
of the Trinity Hospital, Edinburgh, — Pursuers; against the Lord 
Provost, Magistrates, and Council of the City of Edinburgh, as Trus- 
tees and Governors of the said Hospital, — Defenders. 

Humbly sheweth — 

Nov. 30, 1875. Of this date their Lordships of the First Division of the Court of Session 

were pleased to pronounce the following Interlocutor : — " Edinburgh^ 30th 
November 1875. — The Lords having resumed consideration of the cause, and 
heard counsel on the questions reserved by the Interlocutor of 20tli July 1875> 
before further procedure, appoint intimation to be made to the Lord Advocate, 
in terms of the 16th Section of ' The Trusts (Scotland) Act, 1867.' 

" John Inglis, I.P.D." 

This Interlocutor was accordingly intimated to the Lord Advocate, and his 
Lordship having considered this Process, and in terms of the 16th Section of 
" The Trusts (Scotland) Act, 1867," appears and intervenes for the interests of 
the Charity, or any object of the trust or the public interest. 

In respect whereof. 

C. J. Peakson. 



SECOND REPORT BY PROFESSOR MACPHERSON. 325 



REPORT by Professor Macpherson, in caufici Clephane and Others against the 
Magistrates and Town Council of Edinburgh, as Governors of Trinity 
Hospital. 

Edinburgh, 20th July 1875. — The Lords having resumed consideration of 
the Petition to apply the judgment of the House of Lords, with the Report of 
Professor Macpherson, and heard counsel, — Find that the funds mortified by 
Master James Alexander, in the year 1695, have been hitherto held, adminis- 
tered, and applied by the petitioners, in the same way as the funds belonging 
to the Trinity Hospital, and have been immixed with, and dealt with as part of, 
the funds of the said Hospital : Find that, in terms of the said James Alex- 
ander's Mortification, the funds mortified by him fall to be held and administered 
by the Lord Provost, Magistrates, and Council of the City of Edinburgh, and 
the Ministers of the said City, present and to come, and to be applied, — in the 
first place, in relief of poor persons of the founder's kindred; in the second 
place, in relief of poor persons of the name of Alexander ; and lastly, in relief 
of other poor persons, all as directed by his deed of mortification, dated 23d 
October 1695 : Find that for this purpose it is necessary to ascertain the present 
amount of the capital of the said funds mortified by the said James Alexander, 
and to set apart the same, to be administered and applied as aforesaid : Find 
that, in the year 1700, the said funds amounted in all to £2270, and that the 
said funds to that amount have been immixed as aforesaid with the funds and 
property of the Trinity Hospital, from an early period down to the present 
time, and must be held to have participated proportionally with the said funds 
and property in the increase of value of the aggregate funds and property, 
between the year 1700 and the year 1873: Remit of new to Professor Macpher- 
son to ascertain the value of the whole funds and property of the said Hospital 
as in the year 1700, drawing back to the said date the value of all additional 

VOL. II. 2 T 



526 APPENDICES. 



gifts and legacies received by the Hospital after the year 1700, on such terms 
as may seem reasonable, also to ascertain and fix the amount or value of the 
whole aggregate funds and property as in the year 1873, and to report what is 
the present amount of the said Alexander's funds, taken in the same proportion 
to the present value of the whole aggregate funds as the sum of £2270 bears 
to the value of the whole Hospital funds and property in 1700, ascertained as 
aforesaid : And having considered the recommendations of the Reporter on pp. 
124 to 132 of the Report, and the Objections thereto (No. 73 of process). Approve 
of the first four heads of the said recommendations : As regards the 5th and 
Gth heads, delete the words " or Leith " : In the 7th head, vary the recommenda- 
tion by declaring that the salary of the medical officer shall not be less than 
£105 : Vary, in like manner, the 8th head, by declaring that the salary of the 
lady visitor shall not be less than £63 : Sustain the objections to the 9th and 
10th heads of the recommendations : Vary the 11th head, by striking out the 
words, " subject to the general rule as to maximum income " : Sustain the 
objections to the 12th, 13th, and 14th heads: In place of the I7th head, 
substitute the words, " Private rights of patronage can only be exercised after 
the lapse of twelve months from the death of the last presentee " : Quoad 
ultra approve of the recommendations of the Reporter, and remit to him of 
new to prepare a scheme for the administration of the Trinity Hospital and 
its funds and estate, and also a separate scheme for the administration of the 
Alexander Mortification : Appoint counsel to be heard on the question raised 
as to the appropriation of a sum of £4000 on pp. 107 et seq. of the Report, and 
also on the question, Whether the administration and patronage, both of the 
Trinity Hospital and also of the Alexander Mortification, ought not to be 
vested for the future in a committee or committees of the whole body of 
Trustees or Governors : And in order to the due execution of the remits afore- 
said, renew the powers and authority conferred on the Reporter by the Inter- 
locutor of 20th July 1869. John Inglis, I.F.D. 

To the Lords of the First Division of the Court of Session. 

My Lobds, 

In obedience to the prefixed Interlocutor, the Reporter begs now to submit 
— I. His report as to the present amount of the funds mortified by the late 



SECOND REPORT BY PROFESSOR MACPHERSON. 327 

Master James Alexander ; II. An amended scheme for the administration of 
the Trinity Hospital and its funds and estate, and also a scheme for the ad- 
ministration of the Alexander Mortification, for the relief of a certain class of 
indigent poor persons, with a preference for those of the founder's kindred 
and name. 



Of this date a tentative state, prepared in obedience to the prefixed Inter- August 1875. 
locutoi', was communicated to the defenders, who, of this date, while other 4th Jan. 1876. 
branches of the case were under discussion before the Court, lodged a note of 
objections, which they followed up of this date by lodging a state shewing -iist June 1877. 
their effect. 

The objections raised questions of importance, some of which however 
appear to have been already determined. They have led to a reconsideration 
of the whole principles adopted in the tentative state ; (1) as to what ought to 
be included in the valuation called for by the Court ; (2) at what rate the 
money value of heritages should be estimated ; and (3) how gifts between 1700 
and 1873 could be reasonably brought into the accounts. 

The Remit was " to ascertain the value of the whole funds and property 
of the Hospital as in the year 1700, drawing back to the said date the value 
of all additional gifts and legacies received by the Hospital after the year 
1700, on such terms as may seem reasonable ; also to ascertain and fix the 
amount or value of the whole aggregate funds and property as in the year 
1873." In dealing with the value at 1700, the tentative state did not take into 
account the value of the church or the value of the Hospital buildings. In like 
manner, the whole amount of the church fund, which had been kept in a 
separate account, was left out of view in putting a value on the estate as in 
1873 ; and no value having been put, as at 1700, on the Hospital buildings in 
which the beneficiaries lived, the price of the buildings with compound interest 
was subtracted, as in 1873, from the general estate with which it had been 
mixed up from the date of their sale in 1845. 

The defenders made no objection to the church fund, both in 1700 and 
1873, being kept entirely out of view, nor to the proposed withdrawal of the 



328 APPENDICES. 



price of the HosiDital buildings from the aggregate estate in 1873, but claimed 
to have also withdrawn from the value in 1873 the price of a servitude attached 
to the Hospital buildings, and which was valued and paid for separately from 
these buildings. Whatever be the proper mode of dealing with the price of 
the Hospital buildings, it seems to the Reporter that the defenders are well 
founded in their contention that the value of the servitude should be treated in 
the same way. 

It will be convenient to consider separately, — whether there should be 
included in the valuations, (1) the church, (2) the Hospital buildings, (3) the 
lands of Quarryholes and Blinkbonny, and also (4) the mode of ascertaining 
the value of these lands, and (5) the rate at which the legacies and donations 
in 1700 are to be drawn back. 

(1.) With regard to the omission of the Trinity College Church Fund, 
although directed " to ascertain the value of the whole funds and property of 
Trinity Hospital," the following explanation is offered. This fund, though 
" applicable to the enlargement and maintenance of the Charity," as has been 
Clephane v. Mag. of fixed by the judgment of the House of Lords, has always been treated as 
H. L.', 2 Maoph. p. 7. distinct from the other Hospital estate, and was not alluded to in the general 
discussions. In 1700 the church was of no patrimonial value to the Charity. 
That value has arisen from its destruction, not from any increment in its value 
as a church, nor from any expenditure of the other funds of the Charity on it. 
There was no immixing of the Alexander Trust Fund with that part of the Hos- 
pital property. The rebuilding of the church provides the Alexander trust bene- 
ficiaries with all the spiritual benefits that Mr Alexander could have expected 
his trust to derive from its existence, and there seems no equity in giving in 
addition any patrimonial benefit. In order to avoid such a result, if the church 
fund be taken into account in 1873, it seems to the Reporter that the value of 
the church would need to be taken into account also in 1700, and no possible 
way of stating a value as at that date has occurred, except to draw back the 
amount of the fund in the same manner as modern donations are to be drawn 
back ; the result would be the same as its omission at both dates. 

(2.) The case of the Trinity Hospital buildings is somewhat difierent, and 
appears to the Reporter attended with more difficulty. It may be a question 



SECOND REPORT BY PROFESSOR MACPHERSON. 329 



whether it was not a condition of the Alexander bequest taking effect, that its 
beneficiaries should be admitted and housed in the Hospital, — a valuable patri- 
monial right. The number of the contemplated Alexander pensioners amounted 
to about one-fourth of all the beneficiaries at the time, so the trust derived a 
most material benefit. The Hospital building was not only part, but an 
essential part of the property of the Charity, and it would almost seem as if 
the Alexander trust should be credited with one-fourth of the value of it at 
1700, which would considerably enlarge the proportion to which it would be 
entitled of the aggregate fund and property as in 1873, at which date the 
number of beneficiaries on the general fund had largely increased, while that 
of the Alexander foundation had never been kept up. 

There have been discussions in regard to a somewhat similar question in 
connection with college bursaries, and decision seems to go this length, that Burnet against 

1 1 r 1 r u King's College, 

where there was a contract between a university and the founder ot a bursary, 23d Fob. 1844. 

T D 

implying that the beneficiaries should be accommodated in " same manner, ^ j^ .-,^^-^ 
measure, and quality " as certain other bursars on a previous foundation who f'^^^y^'^l^ 
were entitled to certain payments una cum cameris et aliis asiamentis infra 409. 
idem collegium gratis, the failure of accommodation in the university buildings, 
not by the sale of the buildings, but by their destruction or use for other university 
purposes, whereby the bursars under the older foundation were deprived of 
accommodation, left no special claim for accommodation, or any equivalent, to 
the bursars under the later mortification so long as they received treatment 
precisely the same as that meted out to the bursars whose provision was the 
measure or standard referred to. The inference would seem to be that the 
beneficiaries under the second foundation must just follow the general fortunes 
of those under the earlier. 

In the case which has to be dealt with, the beneficiaries were " to be First Report, 
received into said Hospitil," " and to be accommodate and intertained therein 
at the rate and expense of the other persones who are or shall be received in 
and intertained upon the former mortification belonging to the said Hospitall." 
" And which mortification I do hereby appoynt and ordain to take effect by the 
said patrons their receiving in and admitting the said indigent persones within 
the space of six months at fardest next after my decease and sae forth ... in 
all time coming." It is to be observed that the patrons named were not 



330 APPENDICES. 



identical with the Governors of the Hospital, though the latter claim to be sole 
patrons, and did receive in the Hospital and did there accommodate and enter- 
tain the Alexander beneficiaries. But it is possible to read the woixls " receiv- 
ing in and admitting " as applicable to admitting to the benefit of the Alexander 
Mortification, not of the Hospital, although the whole tenor of the deed shews 
that the truster fully expected them to be received into the Hospital, " the said 
indigent persons being always subject to the laws of the Hospitall." 

Here, as in the case of the Burnet Mortification, the expected accommoda- 
tion has disappeared; but here, unlike the Burnet Mortification, there is a 
surrogatuvi in the shape of a price. The price has not been treated by the 
defenders as separate from the general estate. It has been mixed up with 
it, and has borne its share of the ordinary payments ; nay, inasmuch as 
after the Hospital was closed, the pensioners who had been inmates received 
for life a higher rate of pension than any others in respect of their loss of 
accommodation, the interest of the price may be said in a certain sense to 
have been devoted to the various classes of pensioners entitled to residence, 
while the balance, if any, of that interest must be held to have borne its 
share of the general expenditure of the Charity. 

If acceptance of the bequest implied a contract, it might be held that 
it amounted to an engagement that accommodation for twelve beneficiaries 
should be provided in all time, which might lead to a claim for so much of 
the price of the Hospital as would furnish that amount of accommodation; 
or that, as the Alexander beneficiaries were about one-fourth of the whole, 
the price of the Hospital buildings should be drawn back to 1700, as the 
only mode of giving them a value at that date, and the proportion effeiriug 
to the Alexander trust added to the capital of that estate, the balance only 
being added to the estate of the Hospital at that date. The effect of this 
would be materially to increase the proportion of the general estate of the 
Hospital at 1873, to be set apart for the purposes of the Alexander trust. 

These views seem to the Reporter unduly favourable to the Alexander 
trust, as almost immediately after the death of the truster a change in the 
rate of interest made the income of the trust too small to support the full 
number of beneficiaries. This suggests that even assuming a general obliga- 
tion to have been undertaken to support the Alexander beneficiaries, the 



SECOND REPORT BY PROFESSOR MACPHERSON. 331 

principles should be applied which underlies the decision in the case of 
Burnet, that the second foundation must follow the general fortune of the 
older. If this view be correct, then it was an error in the tentative state 
to withdraw the price of the Hospital buildings, with interest, from the 
aggregate estate in 1873. The effect of not withdrawing them, as in 1873, 
will be to give to the general Hospital estate, to the original Alexander estate, 
and to each additional foundation of later date, a share in the value of 
that price, in proportion to their respective values as in 1700. 

In this view the Alexander fund will not receive any special proportion 
of the value of Hospital buildings as a surrogatum, for the loss of accommoda- 
tion, but merely a share of it, as part of the aggregate estate with which 
the Alexander fund was immixed, and out of which, to a large extent, the 
fabric of the Hospital was from time to time maintained, so as to have a 
value in 1846, when it was wanted by the Railway Company. 

The Accountant has prepared states (1) shewing the effect of this last 
view, as well as (2) shewing the effect of withdrawing the prices of the 
building and servitude accumulated to 1873 at rates adopted for the other 
calculation of the values of the separated donations; (3) shewing the effect 
of holding the Alexander fund entitled to \ of the prices of the building and 
servitude with accumulations. 

(3.) In the tentative state referred to, there were taken into account as at 
1700 the whole lands acquired before that date, including Quarryholes and 
Coatfiekl; and as at 1873, not only these, but also those acquired since 1700, 
including Blinkbonny. 

But as the Reporter reads their objections, the defenders object to the 
value of the landed estate of the Hospital existing in 1700 having been taken 
into account. 

They say, " To the extent of considerably more than one half, the Hospital's 
present landed estate existed and was the property of the Hospital long before 
1700, and in any increment of value of what then existed, the Alexander fund 
has no right to participate." 

This applies to the bulk of the lands of Quarryholes and Coatfield ; and 
the defenders also object to the lands of Blinkbonny being included, for they 



332 APPENDICES. 



add : " The remaining portion of the Hospital's landed estate was not acquired 
by the application of the Alexander fund, and the same remark is also applic- 
able to this part of the Hospital's estate." 

This objection, as regards the first acquired lands, seems merely to open a 
question apparently excluded by the terms of the Interlocutor, and that not per 
incv/riann, but after having been brought under the notice of the Court at the 
advising on 20th July 1875. 

As regards the lands last acquired, the objection seems equally excluded by 
the terms of the Interlocutor which, while it directs the ascertainment of " the 
value of the whole funds and property as in the year 1700," speaks also of " the 
increase of the aggregate funds and property between the year 1700 and the 
year 1873." It is thought that the value of the old lands could not be struck 
out without the price of every portion sold since 1700 being also struck out, 
which the defenders have not contended should be done ; and without, on the 
other hand, deducting the sums out of the general estate expended from time 
to time on improvements, with interest ; in other words, without a strict ac- 
counting as regards each estate from 1700 to the present time. 

The point fixed by the Interlocutor, " that the funds mortified by Master 
James Alexander in the year 1695, have been hitherto held, administered, and 
applied by the petitioners in the same way as the funds belonging to the 
Trinity Hospital, and have been immixed with and dealt with as part of the 
funds of the Hospital," seems to exclude the possibility of holding that the 
Alexander fund had nothing to do with acquisition of lands subsequent to 1700, 
and equally to exclude the view that the increase since 1700 of the value of the 
lands, whether acquired before or after that date, so far as dependent on general 
management and improvement expenditure — and that expenditure, whether 
judicious or not, has been very large, commencing in the case of Bliukbonny in 
the very year of the purchase — has not been contributed to by the Alexander fund. 

In case, however, the Reporter errs in his reading of the judgment of the 
Court, he has obtained from the Accountant an alternative statement, leaving out 
of view, both in 1700 and 1873, the value of the lands possessed at the earlier date. 

(4.) The mode adopted in ascertaining the value of the Hospital lands at 
difierent dates was also objected to by the defenders. 



SECOND REPORT BY PROFESSOR MACPHERSON. 333 

In accordance with the Reporter's request, the Accountant, in the tentative 
state referred to, had converted the land in 1700 at twenty-two years' purchase, 
and in 1873 at thirty years' purchase, in this last adopting the valuation of the 
City Chambei-lain, who, in his annual accounts, in stating the value of the stock 
of the Hospital, has for many years past converted the gross land rental at 
this rate. But in their annual valuations, the Governors have from time to 
time appi'oved of varying rates. Towards the end of last century, they con- 
verted the rental at twenty-five years, about 1830-1845 at thirty-six years, 
and since 1848 at thirty years' purchase. 

The adoption of different rates of conversion at 1700 and 1873 was objected 
to by the defenders, on the ground that the conversion should be at the same 
rate at both periods, "because the adoption of the lower rate in 1700 enlarged 
the proportion which the Alexander fund bore to the whole, and the adoption 
of the higher rate in 1873 gave it the benefit, not merely of an augmented 
rental, but also of an increased rate of valuation." 

This may truly be the result, but it does not seem to the Reporter to 
follow necessarily that the Alexander fund will obtain an undue share of the 
present value of the whole stock and property of the Hospital. If there have 
been both augmented rental and increased rate of valuation, the Reporter is 
unable to see why the Alexander fund should not participate in both. 

The augmentation of rent has been very great — in 1744, the rent was See Report, 1 5th 
£445, 2s. 9d. ; in 1845, £1971, 8s. 7d. ; in 1873, £2408, 13s. 3d.— and probably J"ly 1874, pp. 36, 37. 
may in a large degree have been attributable to the change in the value of 
money, but the defenders can hardly say it is not to some extent attributable 
to the improvement expenditure which has taken place by their order. From 
1745 to 1845 it amounted to £11,697, and from that date to 1873 to £2355. 
The defenders themselves contend that not only the feuing but even the agri- 
cultural value of half of the lands is due to the expenditure of £4000 during 
the earlier of these periods. The Reporter has elsewhere expressed his views Report, dated 3d 
on the question of the cause of the feuing value, but this general increase of '^'^'^ ' ' 
the rent from £445 to £2408 depends on other causes. 

Assuming the value of the lands to be what they would bring, the Reporter 
felt great difficulty in fixing a rate of conversion as at 1700. He has no reason 
to suppose that there was such general security of property all over the country 
VOL. II. 2 u 



334 APPENDICES. 



mure, p. Ix. 



as to make any stateable rate of conversion generally applicable. In the man- 
agement of the Hospital there had been a purchase in 1644 at ten years' purchase, 
one in 1679-80 (a house) at seventeen and one-third years' purchase, and one in 
1738 at twenty-two years' purchase. 
Registrum de Pan- In a recent publication it appears that the Panmure estates, confiscated in 

1715, were sold at nineteen years' purchase. The Reporter has had access, 
through Mr Dickson of the Register House, to the proceedings in relation to 
the sale of estates forfeited in 1715. He confined his examination to the cases 
of East Reston, Linlithgow, Carnwath, and Winton, the examples south of the 
Forth, where it seemed most likely that the value would be dependent on nearly 
the same conditions as those affecting ground adjacent to the town. These 
estates were all exposed at seventeen or eighteen years' purchase, and the 
highest price given for any was just short of twenty-two years' purchase. 
He has no data which enable him to estimate the causes which may have 
affected the rates of purchase in each case. Possibly from the extent of land 
thrown into the market at once the rate may have been kept low. Possibly it 
may have been affected by the state of feeling with reference to the attainted 
family. In none of the cases referred to do the estates seem to have been 
bought for any member of the attainted family. 

In the absence of anything like guiding data, the rate has been adopted at 
which the first investment in land was made by the defenders' predecessors after 
the Alexander fund " had been immixed with, and dealt with as part of, the 
funds of the Hospital." 

This much is evident, that the lower the rate of conversion applied in 1 700, 
the higher would be the proportion of the Alexander fund (which was ascer- 
tained absolutely) to the whole funds and property of the Hospital, and the 
Reporter certainly thought that if he had erred in making the rate twenty-two 
years' purchase, he had done so by adopting a rate of conversion too favourable 
for the general fund as against the Alexander fund. 

The defenders have not aided by suggesting any data for fixing any other 
rate of conversion, as representing the value in 1700, and their only reason for 
contending that the same rate should be applied in 1700 and in 1873, viz., that 
otherwise the Alexander fund would have a double advantage of increased rent 
and higher rate of conversion, does not appear to be sound. On the face of 



SECOND REPORT BY PROFESSOR MACPHERSON. 335 

the accounts, the land rent is greatly increased, and the valuation of the de- 
fenders' officers is not the same as the rate at which the lands were purchased ; in 
short, the general estate has had the benefit of both these kinds of increase, and 
it seems then strictly in accordance with tlie principle of the Interlocutor, that the 
Alexander fund, which has been immixed with it, should have the benefit of both. 
But since the tentative state was given out, a new view has been started of 
the true value of the lands, and started by the defenders. They contend, in the 
discussions as to the making of the Calton Bridge and Road, that the Hospital 
lands of Quarryholes and Coatfield, lying between Leith and Edinburgh, have Report, dated March 

• • ■ 1 S77 

so increased in value as to yield an adequate return for an expenditure upwards ' " 
of fifty years ago, which, if accumulated at compound interest, would amount 
to a very large sum ; and, in support of this view, evidence has been led that a 
portion had been feued at a rate which, if converted at twenty years, would 
give not thirty, but about three hundred years' purchase of the agricultural 
rent ; and a higher feu-duty has been obtained for other parts of those lands. 
The feus already given off, if they were converted at twenty years' purchase, 
would represent an increase of the value of Quarryholes amounting to £10,000 
or £12,000, and the farther ofiers which have been made to and rejected by the 
defenders, converted at the same moderate rate, would represent a farther 
increase of nearly £30,000. Yet the defenders seek to apply a rate of con- 
version lower than they adopted in their own books a quarter of a century Supra, p. 9. 
ago. 

In these circumstances, it was thought necessary to obtain from men of 
skill a valuation, as at first August 1873, and the Reporter selected Mr William 
Watherson, Edinburgh, and Mr James Galloway, Leith, who had given him 
minute information as to the feuing rates of all the adjoining lands. The 
Reporter cautioned the valuators that he did not ask what was the highest 
possible rate, but what would be a fair value, say as between members of a 
family jointly interested, who agreed that the lands should not be forced into 
the market, but that one should take them at an equitable valuation. 

The valuators have stated two values. £80 per acre, as what might have 
been expected if the feus were granted without restrictive conditions, and £60 
where there were such restrictions. 

Whether either, and if either which, of these views is to receive effect, 



336 APPENDICES. 



depends on whether, in the whole circumstances of the case, in settling the 
accounts between the two trusts jointly interested, those in possession are en- 
titled to decline feuing or putting a feuing value on the lands till after the 
settlement of the pi'esent action, although portions of the latid had been dis- 
posed of at very high prices long before the date fixed by the Court for 
ascertaining the value ; and whether, if bound to put a feuing value, they are 
bound to put the very highest value that could be obtained for any kind of 
building not objectionable as a nuisance ; or whether they, as trustees, are 
entitled to regulate the character of the buildings. If the agricultural value is 
not to be taken as conclusive, the Reporter is inclined to think the trustees 
might regulate the amenity of the property by restrictive regulations. There- 
fore he asked the Accountant to prepare states shewing the value on the 
assumption of the City Chamberlain's ordinary valuation, and alternatively 
See Tables appended also on the lower Valuation by the men of skill, which it may be mentioned is 
far below the rates actually received for choice portions of the estate, and below 
the rate given recently for a feu of the lands of Drum, which are surrounded on 
all sides by the Hospital lands of Quan-yholes. 

The same point arises with reference to the lands of Blinkbonny, acquired 
after the Alexander fund was immixed with the general estate. Had a private 
party availed himself of the possession of trust funds to enter into an important 
and successful speculation, it is not thought that there would be room for a 
doubt as to the right of the trust, not merely to interest, but to a share of 
profits. There is another point of difference between the case of the value of 
Blinkbonny and that of Quarryholes, viz., that the defenders have not yet 
feued any part of them, but have only proceeded the length of having feuing 
plans prepared. 

In their own books they now value these lands at thirty years' purchase 
as regards the agricultural rent, slightly over £5 per acre, which would give 
a value of above £150 per acre. They sold to the Cramond Road Trust, in 
1852, a little more than an acre at the rate of about £200 per acre, and over 
six acres, in 1868, to the Caledonian Railway Company, at near £600 per 
acre. 

In these circumstances, the Reporter did not consider that he would be 



SECOND REPORT BY PROFESSOR MACPHERSON. 337 

justified in not bringing before the Court the question of whether the proper 
value of Blinkbonny be thirty years' purchase of the rental, or whether it 
should be stated at what it would probably fetch in the market. It may be 
prudent for a body not compelled to sell, to abstain from feuing till the value 
of the land is forced up to the highest point, like the Quarryholes estate, by the 
feuing of all the surrounding ground ; but this is a question of separating 
trust funds which have been immixed with one another, the two being dealt 
with as one general estate out of which lands were bought. 

The Reporter having failed to get the defenders to agree to a valuation 
higher than that entered in the Governors' books, felt that he had no alternative 
but to obtain a valuation from the same gentlemen whom he had consulted 
with reference to Quarryholes. They have stated that in their opinion the 
lands of Blinkbonny were in 1873 worth on an average, £40 an acre of feu- 
duty, but as it would very likely take long to feu, they would capitalise at six- 
teen years' purchase, or £640 per acre. Although Blinkbonny is not ready for 
feuing in the same sense as Quanyholes, still adjoining ground on the north 
and east and south is being gradually feued at increasing rates, some of them 
considerably higher than that fixed on by the valuators, and land nearer Edin- 
burgh fetches four or five times as much per acre. 

Unless such a course were considered inconsistent with the due separation 
of the trusts, all difficulty as to true value, and all risk of injustice might be 
avoided, by alloting to the Alexander Mortification a proportion of the moveable 
funds of the general estate, and a proportion of the income derived from time 
to time from any land in the value of which the trust may be found to possess 
an interest. 

The Reporter has thought it right here also to have alternative views 
presented to the Court. 

(5.) The mode of dealing with the various donations since 1700, so as to 
prevent the Alexander fund being affected by them, favourably or unfavourably, 
has been a subject of much anxiety. 

The instruction given by the Court is to " draw them back to the year 
1700 on such terms as may seem reasonable." 

Various rates were tried. The legal rate of interest — the rate actually 



338 APPENDICES. 



obtained from time to time — rates suggested by the increased value of the 
estate, assuming it to have arisen from accumulation, and various other rates. 
The objections lodged to the tentative state embraced objections to the rates 
which had been adopted, but in consequence of the view ultimately adopted, it 
is unnecessary to make any remark on this part of the objections. 

Had the donations been granted and invested with the intention that they 
should accumulate, the question might have been one of accumulation of 
interest, but tliey were given that their interest might be expended, and that 
it was expended appears from the comparative views of the state of the funds 
Report, 15th July given in the first Report. During the hundred years from 1642 to 1744 the 
Accountant's FirsT expenditure exceeded the ordinary income by £2433, 17s. 5d. During the 
^'^P°'^*- period from 1744 to 1845, the ordinary income exceeded the expenditure by 

£333, ISs. But this excess was only apparent, for it afterwards turned out 
that there had been for a long period underpayments of teind amounting to a 
very large sum (pp. 38 and 95), which if paid at the right time would have 
turned the balance the other way, even if no loss had ever occurred from the 
city bankruptcy. It seems to follow, that the increase in value of the aggre- 
gate estate, at least up to 1845, was not due to any accumulation of interest, 
but to rental increased, whether owing to improvement of the subjects, or to 
change in the value of money, or both. After that date it is to a large extent 
accounted for by non-expenditure of the increase of revenue arising from the 
price of the Hospital, and of the laud sold to the Railway Company, both at 
Blinkbonny and Quarryholes. 

But much more important than the increase from accumulation of income 
since 1845 is the increase depending upon feuing value, which has been 
enormously augmented of late years. 

After repeated consideration of the whole circumstances, the Accountant 
states : " He came to the conclusion that no arbitrary rate of five or four per 
cent., or any other rate of interest, can with propriety be adopted as the measure 
of the rate of discount or accumulation to be applied to any part of the fund. 
The Accountant, however, after making numerous tentative calculations, ascer- 
tained that if the funds and estate at 1700, and the various donations subse- 
quently made to the Hospital from the dates when these sums were respectively 
received, are brought down to 1873, and compounded annually at certain small 



SECOND REPORT BY PROFESSOR MACPHERSON. 339 

percentages, the sums so found are equivalent to the amounts of the fund and 
estate at that date, and that therefore these small percentages are the true rates 
at which the fund and estate have increased on an average of the whole period. 
It is no doubt true that the rate of increase in value may have varied during 
the period, but the Accountant believes that no data are in existence by which 
any certain judgment could be given on the point, and he believes that the 
approximations made are as close an approach to the truth as can be arrived at, 
the calculation at compound rates causing the increment to accumulate to a 
larger extent during the later period. He has therefore drawn the gifts and 
donations back to 1700 at the rates so found, and adding the sum thereof to the 
estate at that date, he has calculated that as the amount thereof then was to 
the Alexander fund, so is the estate in 1873 to the amount of the Alexander 
fund in 1873." 

The rate ascertained and applied in the manner stated, of course, varies 
with each view of what is to be considered the present value of the estate. 

The results of the calculations may be thus summarised : — 

I. A. Assuming the value of the Stock of the Hospital to have been at 1st 
August 1873 as stated by the City Chamberlain (including Quarryholes, 
Coatfield, Blinkbonny, etc., and the price of the Hospital buildings and 
servitude), £86,143, 4s. lOd., the rate of increment is 18s. ll^d. per cent., 
and the value of the whole funds and property at 1700 (including the 
Alexander fund, subsequent gifts drawn back at the rate mentioned, and 
the land converted at twenty-two years' purchase), — was £16,896 4 10 

1. These figures make the Alexander fund, as at 1st August 1873, 

(including pro rata share of the price of the Hospital and servi- 
tude), ...... £11,579 

2. If the price of the Hospital and servitude be excluded in 1873, the rate * l" "^'^ ^''^'<= S'^en 

. , 1 I- f in by the defenders 

oi increment is 17s. 7|d. per cent., the value of the funds and property on 2ist June, they 
in 1700 is £17,042, 4s. 6d., and the Alexander fund will amount ofTe AlVxand"™"' 
to. . . . . . . £10,382 0* lV"'^'.;f,"?''^'^°''= , 

' Hospital lands are to 

„y. ,, ,. iiii -, n 1 I- ici • I. ^^ taken into account, 

o. li there be given to the Alexander fund a fourth oi the price of the as £9,976, 6s. Od. 



340 APPENDICES. 



Hospital and servitude, instead of a pro rata share, it will amount 
to £12,443 14 

B. Taking the City Chamberlain's valuation, but excluding lands belonging 
to the Hospital at 1700, and also the price with increment of all such lands 
subsequently sold, the value of the aggregate funds and property in 1873 
was £40,382 6 8 

The increment in this calculation is 16s. lOgd. per cent., and the amount 
of the funds in 1700, excluding lands, but including the Alexander Morti- 
fication and subsequent donations drawn back, was . £9,423 11 2 

1. These figures make the Alexander fund, as at 1st August 1873 (in- 

cluding a pro rata share of the price of Hospital and servi- 
tude), £9,723 

2. Excluding price of Hospital and servitude, the increment is 14s. Ofd. 

per cent., the value of the funds and property in 1700 is £9,786, 18s. 
8d., and the Alexander fund will amount to . £7,609 

3. If there be given to the Alexander fund a fourth of the price of 

Hospital and servitude, instead of a pro rata share, it will amount 
to £9,569 10 3 

II. A. Assuming that the value of Quarryholes and Coatfield and of Blink- 
bonny is to be taken at Messrs Watherston and Galloway's valuations 
(Quarryholes and Coatfield being taken at the lower sum put on them 
by these valuations), the value of the aggregate funds and property 
(including the price of the Hospital buildings and servitude) as at 1st 
August 1873, was . . . . . £291,249 19 6 

The rate of increment in this calculation is £1, 14s. l|d. per cent., and 
the value of the whole funds and estate at 1700 (including the Alexander 
fund, subsequent gifts drawn back at the rate mentioned, and the land 
converted at twenty-two years' purchase), was . £15,561 11 5 

1. These figures make the Alexander fund, as at 1st August 1873 (in- 



SECOND REPORT BY PROFESSOR MACPHERSON. 341 

eluding a fro rata share of the price of the Hospital and servi- 
tude), £42,493 

2. If the price of the Hospital and servitude, as iu 1873, be excluded, the 

rate of increment is £1, 13s. 8^d. per cent., the value of the funds and 
property in 1700 is £15,592, 5s. 2d., and the Alexander fund will 
amount to ..... £40,906 

3. If there be given to the Alexander fund a fourth of the price of the 

Hospital and servitude, instead of a 2^''i'o rata share, it will amount 
to £43,461 9 8 

B. Excluding the lands belonging to the Hospital at 1700, and the 
price, with increment, of all such lands subsequently sold, the value 
of the aggregate funds and property, as at 1st August 1873, amount 
to £117,154 16 

The rate of increment in this calculation is £1, lis. 2|d., and the value 
of the funds in 1700, excluding lands, but including the Alexander 
Mortification and subsequent donations drawn back, was £8,064 7 

1. These figures make the Alexander fund, including a pro rata share of 

the price of the Hospital and servitude, . £32,977 

2. Excluding price of Hospital and servitude, the rate of increment is 

£1, 10s. Ofd., the value of the funds in 1700 is £8,148, 13s. Id., and the 
Alexander fund will amount, in 1873, to . . £29,990 

3. If there be given to the Alexander fund a fourth of the price of the 

Hospital and servitude, instead of a pro rata share, it will amount 
to £32,415 11 5 

The Reporter has only to add, that if any sum should be awarded to the 
general Hospital fund in consequence of the transactions which took place in 
connection with the Calton Bridge and Road, unless it be ordered to be accumu- 
lated at compound interest, it will not materially att'ect the proportion to which 
the Alexander fund is entitled. 

VOL. II. 2 X 



342 APPENDICES. 



II. 

In obedience to the latter part of the Interlocutor, two schemes are now 
submitted to the Court — the first, an amended scheme for the administration of 
the general charity of Trinity College Hospital ; the second, a scheme for the 
administration of the Alexander Mortification. 

They were both communicated to the defenders with a request for sugges- 
tions. The first is intended simply to give effect to the amendments which the 
Court directed on the scheme originally submitted, and no suggestions have 
been made by the defenders. The only addition made since the scheme was 
communicated to the defenders is article nineteen : — The consequence of carry- 
ing out the Interlocutor of the Court will be to withdraw some of the capital 
of what has been held as the Hospital estate, and to relieve the Hospital of 
the Alexander pensioners now on the roll. On the other hand, there is a pro- 
bability of a great and early increase of income accruing to the Hospital 
from feuing their lands. In order to bring these mattei's before the Court, 
the Reporter has framed Article 19 of the scheme for administration of the 
Trinity Hospital. 

The Reporter has further to state in reference to this branch of the case, 
that a short time before the death of the late Mr Andrew Grierson, W.S., who 
had right to a presentation to the old Hospital, he received from him a claim to 
have his right transferred from the list of restricted to that of unrestricted 
presentations. To which he had replied, that he had already reported on the 
subject, and saw no ground to alter the opinion indicated in his first report, but 
that he would hand in his apiilication when his final report was given in. The 
importance of Mr Grierson's claim is diminished by the effect of recent legisla- 
tion as to what constitutes a burgess. 
May 1877. 0^ tliis date remarks were received from the defenders. 

Upon the scheme which has been framed for the Alexander trust, which 
follows as closely as possible that which the Court have approved of as applicable 



SECOND REPORT BY PROFESSOR MACPHERSON. 343 

to the Hospital generally, the number of beneficiaries is left to depend entirely 

upon the sum which the Court may order to be set apart for that trust. If any one 

of the sums brought out by the Accountant be adopted, there will be no difficulty 

in giving effect to the truster's will that there should be at least twelve 

pensioners on his foundation. In some views that number will be largely 

exceeded. The narrative part of the Interlocutor seems to fix that the patrons, July 20, 1874. 

in electing to the benefits of tho Charity, ai'e not tied down to any name, but 

merely bound to give a preference to relatives, and to those of the name of 

Alexander who apply within two months. Should the funds set apart amount 

to a considerable sum, it is not improbable that it may turn out that the number 

of Alexanders is so small that this foundation will be even wider in its range 

than the general charity of Trinity College Hospital, the patrons — a larger body 

than the Hospital Governors — being entitled to elect indigent persons of good 

reputation, without regard to place of birth, or previous residence, for the deed 

of foundation imposed no restriction as to the place of birth of beneficiaries, or 

as to their being burgesses, or as to their place of residence prior to election. 

But the contemplated residence in the Trinity Hospital implied residence in 

Edinburgh after election ; this, however, was never enforced as a condition in 

the case of persons elected outdoor pensioners. 

The following explanations are offered of some of the proposed regu- 
lations : — 

Regulation 3 has been framed more from seeing the intimate connec- 
tion which the founder desired to be maintained between his mortification 
and the Trinity Hospital, than from any convenience arising from it, 
now that the Hospital buildings no longer exist. But even now it may 
be favourable to the efficient working of both charities, that each should 
have officers fully conversant with what is doing under the other. 

Regulation 4. The truster stated that he considered the cost of each 
beneficiary in the Hospital to be £120 Scots, and provided that each should 
receive twenty merks, "by and attour the ordinary allowance to the other 
persons in the said Hospital." This being one-ninth more than the other 
inmates of the Hospital, the scheme proposes that one-ninth more than £25, 
the highest rate fixed by the Court for Trinity Hospital pensioners, be added 



344 APPENDICES. 



to this sura, as giving the amount to be paid to the Alexander pensioner : — 
£27, 15s. 6d. 

Regulation 5. This will probably be unnecessary. 

Regulation 6. This regulation has been adopted in regard to the general 
fund, and was specially provided for by Mr Alexander. 

Regulation 8. Up to this time the Governors have always acted on the 
rule here suggested, as regards the females applying for the benefit of the 
fund. 

Regulations 9 and 11. The original deed created two specific restrictions 
in regard to marriage — that the beneficiaries should be unmarried when 
elected, and " remain and continue unmarried in the said Hospital during their 
lyfetime." These corresponded with restrictions enforced by the rules of 
the Hospital at the date of the Alexander deed of foundation. As regards 
the general Hospital, the Court has removed the restriction. The conditions 
may be separately I'egarded — the first as in favour of the unmarried indigent, 
from the feeling that they had most need of the comforts of the Hospital, and 
the second as made in behalf of the administration of the Hospital rather than 
one in restraint of marriage ; and it is for the Court to say whether one 
or both may disappear, when the motive which may be supposed to have 
suggested them has disappeared with the removal of the Hospital. The 
defenders desire the instructions of the truster to be abrogated. There is, 
however, a distinction between altering a rule laid down by managers of 
a charity and abrogation of provisions by a founder. The Reporter thought 
that this might be done on both points as regards any pensions over and 
above the original number fixed by the truster ; and he has introduced 
Regulation 11 as to beneficiaries marrying, in the terms approved by the 
Court as to the Hospital pensioners. 

Regulations 10 and 15 are framed mainly that it may be considered 
whether this trust is in all its rules to follow as closely as possible the 
Trinity, to the rules of which the Alexander pensioners were to conform. 
There was a long-continued practice on the part of the Governors of the 
Hospital to have out-pensioners as well as pensioners living in Hospital, and 
this practice they applied to the Alexander Mortification. But it is quite 
manifest that the truster did not for a moment contemplate any such 



SECOND REPORT BY PROFESSOR MACPHERSON. 345 

distinction. All the original pensioners were to be lodged in the Hospital. 
He directed accumulation of the fund, with a view to more pensioners being 
elected, likewise to live in Hospital ; so the case to be dealt with is not a 
casus improvus by the testator, but one which he did foresee, and did deal 
with ; and it seems to the Reporter that the testator's intention will be best 
carried out by the whole income of his original and augmented mortification 
being expended in the support of qualified persons on a scale slightly higher 
than the highest recognised by the scheme for Trinity College Hospital. 
In the deed of mortification there is no trace of any restriction such as that 
expressed in Regulation 15. 

Regulation 12. The defenders object to being instructed to advertise so 
largely as is suggested in this article. Dumfries has been suggested as a proper 
place in which to advertise, as being the county with which the founder was 
connected. The only object in advertising elsewhere out of Edinburgh is to 
give as much effect as possible to the founder's intention to favour people of his 
own kin and name, but he contemplated no notice being given except by 
vacancies being intimated on a board put up at the Hospital. 

It is understood that the income of the aggregate estates, including the 
Trinity College Church fund, is now upwards of £4000 a-year. Till it was 
settled what proportion should be allocated to the Alexander Mortification, it 
was thought unnecessary to attempt to exhaust the income in the schemes 
submitted. 

Humbly reported by 

Norman Macpherson. 
SOtk June 1877. 



Scheme for the Administration of the Trinity Hospital. 

1. The beneficiaries must not be under fifty years of age, except in the 
case specified below Art. 4. 



346 APPENDICES. 



2. They must be of good reputation when appointed ; and maintain their 
character. 

3. They must be in decayed circumstances, and not from their own im- 
providence or misconduct. 

4. One-eighth of the whole beneficiaries shall be persons labouring under 
incurable disease. 

There shall be no limit in point of age in the case of persons who, by 
supervening incurable disease, are prevented from labouring as they have 
formerly done for their own livelihood. 

It shall be in the power of the Governors to select a larger number of 
incurables, if they think fit, from among applicants possessing the ordinary 
qualifications as to age, etc. 

5. Applicants must have at some time resided in Edinburgh for two years ; 
and for that period have supported themselves by their own industry, or at 
least without aid from any charity ; or be widows or children of burgesses. 

6. The beneficiaries must, after their appointment, reside in Edinburgh, 
unless they have relatives elsewhere with whom they can reside, and where, 
for this or other special cause, which shall be recorded, leave to reside elsewhere 
is granted by the Governors on suitable provision being made for receiving 
periodical reports as to the condition of the beneficiary to whom such leave 
is granted. 

7. There shall be a Medical OiEcer on the staff" of the Charity, whose duty 
shall be to attend the beneficiaries in the case of sickness, and report to the 
Governors, subject to such regulations as may be fixed from time to time. His 
salary shall not be less than £105. 

8. There shall also be a Lady Visitor on the staff" of the Charity, 
whose duty shall be to visit all the beneficiaries resident in Edinburgh 
and Leith, and report to the Governors upon them, subject to such 
regulations as may from time to time be fixed. Her salary shall not be less 
than £63. 

9. There shall be two scales of Pension, £25 and £15 — it being in the 
power of the Governors to put those elected on whatever scale they think fit, 
on consideration of the circumstances of the applicant and the state of the 
pension roll. 



SECOND REPORT BY PROFESSOR MACPHERSON. 347 

10. Presentees by private patrons shall be entitled to receive pensions on 
the highest scale. 

11. It shall not be a disqualification that an applicant for the benefit of 
the Charity has a living spouse ; but where a marriage occurs in the case of 
any beneficiary, his or her claim to receive benefit from the Charity shall be 
reconsidered by the Governors. 

12. No pensions shall be paid to, or in respect of, parties in receipt of 
parochial relief, or supported by parochial boards in lunatic asylums. 

13. The benefits of the Charity shall be forfeited by misconduct, of which 
the Governors shall be the sole judges. 

14. In every case of death of a beneficiary a sum of £5 will be allowed 
for funeral expenses. 

15. Private rights of patronage cannot be exercised till after a lapse of 
twelve months from the death of the last presentee. 

16. Vacancies on private rights of patronage shall be intimated to the 
patrons so soon as they are brought to the notice of the trustees, or their 
clerk. 

17. There shall be preserved in volumes, containing no record of the pro- 
ceedings of the Town Council as representing the community, a separate record 
of the whole proceedings of the Lord Provost, Magistrates, and Council, as 
Governors of Trinity College Hospital, or of any committee or committees of 
their number to whom matters connected with the administration of the 
Charity or its property are remitted. 

18. It shall be in the power of the Governors, as trustees of the 
Wemyss bequest, when its income falls in, to fix a uniform amount of 
pension, or distribute it according to any of the scales subsisting at the 
time. 

19. If the withdrawal of the Alexander fund should diminish the income of 
the Hospital, so that all the pensioners cannot be placed on the above scales, no 
vacancies occurring on the roll of pensioners shall be filled up unless or until 
the income is suSicient to support the new pensioners on the above rates ; and 
as the free income of the Hospital increases, it shall be expended as nearly as 
may be, one-half in providing pensions on the higher scale, and the other in 
providing pensions on the lower scale. 



348 



APPENDICES. 



Proposed Sclveme of Distribution of tlie Free Income of the Cluirity. 
Unlimited Presentations on £25 Scale. 





Mortifier. 


Patron. 




William Brown of Dalgourie 


. Lady Susan Brown Bourke 


1 


Lady Grizell Sempill . 


. Earl of Rosebery 


1 


Rev. William Bi-own . 


. The Minister of Old Greyfriars 


1 


Mrs Melville 


• 


. Mr White Melville of Bendochie 


1 


James Hunter 


. 


. Lord Forbes .... 


1 


Mrs Campbell 


. 


f The Incorporation of Skinners 
' ( and Furriers .... 


1 


Rodger Hog 




. Mr Hog of Newliston 


1. 



Pkesentations Limited to Burgess Class on £25 Scale. 

(It is a question whether or not this limitation applies to Hog's Mortifica- 
tion. A like question is raised by Mr Grierson with reference to Murray's 
Mortification. He claims right to an unrestricted presentation.) 



John Young 

Mrs Beech . 

George Watson 

John Wightman 

Mrs Campbell 

Robert Murray 

Andrew Gairdner 

James Wilkie 

James Penman 

Mrs Campbell or Wightman 



I The Magistrates and Council 



1^ 
2 



Incorporation of Cordiners 
> The Merchant Company . 

[ The Incorporation of Skinners . 2 

Mr Andrew Grierson, W.S. . 1 

Mr G. W. Gairdner, London 1 

The Ministers of Edinburgh 1 



2) 



10 



SECOND REPORT BY PROFESSOR MACPHERSON. 



349 



Presentations Limited to Certain Names or Founder's Kin, 

ON £25 Scale. 



Four of the above 
Thomas Crockat . 
Mrs Callender 
Thomas Fraser 



Young, Watson, Wilkie and Beech. 
(Minister and Kirk-Session of 
1 Wester or New Greyfriars . 2 

Incorporation of Skinners 2 

(Lord Provost, Dean of Guild, 



and Treasurer 



Total on £25 scale, 
On £25 scale Presentation by Private Patrons 22 

On £25 scale Unlimited Presentation by Magistrates 

and Council . . . . .38 



22 

£550 

950 



On £15 scale do., do. 



Total beneficiaries . 



100 



160 



£550 



1500 
1500 

£3000 



For Salary of Medical Officer . 
„ Lady Inspector 

Less share paid by Alexander fund 



£105 
63 

£168 
13 



155 



Form of Application for the Benefit of the Hospital. 



£3155 



Edinburgh, 



Street, 
18 



Gentlemen, — I beg to apply for the benefits of Trinity College Hospital. 
The particulars of my claim are set forth in the annexed schedule, and the 
documents in support of the application are herewith lodged. 

I am, your most obedient servant, 



To the Governors of 
Trinity College Hospital, Edinburgh. 
VOL. II. 



2 Y 



350 APPENDICES. 



Schedule. 

1. Name and designation of the applicant, witli his or her present or 
former occupation. 

2. Date and place of birth of the applicant.* 

3. Present residence of the applicant, and his or her residence during the 
five preceding years ; and if a householder, for how long. 

4. (a) If the applicant is married, state the name, age, and condition of the 
spouse. 

(h) If a widower or widow, give date of death of spouse. 

5. (a) In the case of a female applicant, state the name, profession, and 
place of residence of her father, his circumstances in her youth, and the date of 
his death. 

(b) If the applicant is a widow, the profession and place of residence of 
her husband, and his circumstances must be stated. 

6. (a) The children of the applicant, if any, and their names, ages, desig- 
nations, and occupations. 

(b) State whether any children are receiving any aid from any charitable 
institution. 

7. How is the applicant at present supported, or what are his or her 
sources of income ? State the amount.t 

* This must if possible be proved by a certificate by the Registrar, or, if that cannot be 
obtained, such evidence as will satisfy the Governors. 

Persons are elected to the benefits of the foundation in the month of and 

the pension or annuity will commence to run and be payable . The persons 

eligible for election to the benefits of the foundation are old men and women, aged fifty and 
upwards, who have resided in Edinburgh or Leith for at least two years, or are of burgess 
families. The unsuccessful applicants will have their petition returned on applying to the 
Treasurer immediately after the meeting of Governors. The petitions not 

called for before the end of will be considered as vdthdraimi, and not again 

reported to the Governors. 

t Should it be found on inquiry that any information respecting means of support, 
whether regular or casual, has been falsely stated or withheld, the applicant will be excluded 
from benefit ; or if such be not discovered until after admission, the person will be liable to be 
removed from the pension list. 



SECOND REPORT BY PROFESSOR MACPHERSON. 351 

8. The Christian congregation with which the applicant is in connection, 
and how long he or she has been so.* 

9. State generally the present condition of health, mental and bodily. 

10. State who are the nearest relatives of the applicant, and what aid they 
afford. 

11. State any circumstances strengthening the applicant's claim. 

12. State whether the applicant is a burgess of Edinburgh, or the widow 
or child of a burgess, and produce the burgess-ticket. 



Declaration of the Applicant. 

I hereby declare that, in the above answers, I have given a true statement of 
my whole circumstances, and if the Governors are pleased to elect me, I promise 
to conform to the rules made or to be made by them regarding pensioners. 

(Applicant signs here.) 



Certificate to he signed by two Householders. 

We believe that the answers given to the printed questions on the pre- 
ceding page are all true ; and we hereby certify, from personal knowledge, after 
careful inquiry, that the applicant is destitute, and a proper object of the 
Charity, and is a sober, honest, and well-behaved person. 

(Signatures of Householders, who will please add their addresses and 
designations after their signatures.) 



Medical Certificate. 

The application must be accompanied by a Medical Certificate if the 
applicant claims specially as an incurable. 

* This is to be certified by the minister ; or if the charge be vacant, by two seatholders. 



352 APPENDICES. 



Scheme for the Adviinistration of the Alexander Mortification. 

1. The Governors and Patrons of the Mortification shall be the Lord 
Provost and Bailies and Council of Edinburgh, and their successors in ofBce, and 
the Ministers of the burgh, present and to come. 

2. All funds belonging to the Mortification shall be vested in the names of 
the Treasurer of the Trinity College Hospital, the Lord Provost and Bailies and 
Council of Edinburgh, and their successors in office, and the Ministers of the 
burgh, present and to come, for behoof of the Trinity Hospital and the indigent 
persons after mentioned. 

3. The Officers of the Mortification shall be a Treasurer, a Clerk, a Medical 
Officer, and a Lady Visitor, and shall be the persons holding the like offices 
under the Governors of Trinity College Hospital ; and the funds of the 
Alexander Mortification shall bear a share of the cost of these officials in the 
proportion which the income of the Mortification bears to that of Trinity 
College Hospital. 

4. The free income, after meeting expenses of management of the fund set 
apart as belonging to the Alexander trust, shall be divided amongst twelve 
beneficiaries, eight men and four women, provided it does not amount to more 
than £27, 1.5s. 6d. for each, being the highest Trinity College allowance plus 
one-ninth. 

5. Should the income not suffice, the number of beneficiaries shall still be 
twelve, but the allowance shall be restricted to £16, 13s. 4d. per annum in the 
cases of so many of the beneficiaries as may be necessary to enable the rest to 
receive the full allowance. 

6. In the case of the death of each beneficiary, £5 shall be allowed for 
funeral expenses. 

7. The beneficiaries shall be indigent persons of good reputation, who have 
not fallen into decay through their own vice and prodigality — First, Those of 
the kindred of Mr Alexander of Knockhill, who died in 1696, either upon his 
father's or his mother's side ; secondly, those of the surname of Alexander, who 
shall apply within three score days next after any vacancy ; and thirdly, other 
persons qualified as aforesaid as the patrons shall think fit. 



SECOND REPORT BY PROFESSOR MACPHERSON. 353 

8. All persons bearing the name of Alexander, whether as their parent's 
name or their husband's name, shall be deemed to fall within the favouring 
clause of the bequest. 

9. The beneficiaries shall be unmarried when elected, and not under fifty 
years of age, and shall " remain and continue unmarried during their lifetime." 

10. Should the free income of the fund be more than sufficient to provide 
for twelve beneficiaries on the highest scale above mentioned, it shall be applied 
to the support of additional beneficiaries ; and they may, at the discretion of 
the Governors and patrons, be paid at the rate of £16, 13s. 4d., but on this 
condition, that there shall not at any time be more beneficiaries on the lower 
than on the higher rate. There shall be no restriction in respect of sex or 
marriage in the selection of these additional beneficiaries. 

11. Where a marriage occurs in the case of any beneficiary, his or her 
claim to receive the benefit of the Charity shall be reconsidered by the trustees. 

12. Immediately on ascertaining the death of any beneficiary, it shall be 
the duty of the clerk of the trust to advertise the occurrence of the vacancy in 
newspapers in Edinburgh, Glasgow, Dundee, Aberdeen, and Dumfries, stating 
the preference that will be given to the founder's kin, and persons of the name 
of Alexander, if they apply within six weeks. 

13. It shall be the duty also of the clerk to summon a meeting of the 
patrons at an early date after the expiry of the said six weeks, provided any 
applications have been received ; and failing such applications, it shall be the 
duty of the said clerk to summon a meeting on the first convenient day, and 
failing any applicant entitled to preference, it shall then be the duty of the 
patrons to appoint some other indigent person of good reputation who has not 
fallen into decay through vice or prodigality. 

14. No pension shall be paid to, or in respect of, parties in receipt of 
parochial relief, or supported by parochial boards in lunatic asylums. 

15. Applicants not claiming on the footing of being entitled to a preference, 
must have resided in Edinburgh for two years, and for that period must have 
supported themselves by their own industry, or at least without aid from any 
charity. 

16. The beneficiaries nmst, after their appointment, reside in Edinburgh or 
Leith, unless they have relatives elsewhere with whom they can reside, and 



354 APPENDICES. 



whenever for this or other special cause, which shall be recorded, leave to live 
elsewhere is granted by the Governors, suitable provision must be made for 
receiving periodical reports as to the condition of the beneficiaries to whom 
such leave is granted. 

17. The benefits of the Charity shall be forfeited by misconduct, of which 
the patrons shall be the sole judges. 

18. A separate record shall be kept of the proceedings of the trustees of 
the Alexander fund and of the money transactions of the trustees, in books con- 
taining no entries except those relating to it. 

19. The Governors and patrons of the Alexander fund shall, as soon as 
possible after the annual audit of their accounts, report to the Lord President 
of the Court of Session an abstract of the receipt and expenditure and invest- 
ments of the Alexander trust, and a list of the beneficiaries, their residence 
prior to appointment, and at the date of their report, with their ages and the 
dates of their appointment, and of the vacancy to fill which they were ap- 
pointed. 



Applications for the benefit of this mortification may be made in a form 
almost identical with that proposed for applicants for admission to the Trinity 
Hospital pension roll. 



OBJECTIONS FOR GOVERNORS TO THE REPORT. 355 



VI. 

OBJECTIONS for the Lord Provost, Magistrates, and Council of the 
City of Edinburgh to the foregoing REPORT, dated 26th October 

1877. 

1. The report is objected to in so far as it proposes that the value of 
Trinity College Church, Trinity Hospital, and the relative servitude right 
therein mentioned, should be taken into account in allocating the increment of 
the trust funds and estate between the Trinity fund proper and the Alexander 
fund, and the alternative views submitted by the Reporter are maintained 
to be well founded, in so far as these subjects are excluded from the 
calculation. 

2. The report is objected to in so far as it proposes that 'the value of the 
lands of Quarryholes and Coatfield should be brought into the account in 
allocating the increment of the trust estate between the Trinity fund proper 
and the Alexander fund, and that on the ground that these estates were the 
property of the Governors by a title prior in date to the acquisition of the 
Alexander bequest ; that the Alexander fund has not and could not be im- 
mixed with an heritable estate previously acquired ; and that the said heritable 
estate did not participate in any profit which the Trinity Hospital Trust may 
have derived from the employment of Mr Alexander's money. The alternative 
views of the Reporter in which these lands are excluded are supported. 

Note. — This objection does not apply to the lands of Blinkbonny, as they 
were acquired after the year 1700, and are therefore, under the Inter- 
locutor of 20th July 1875, to be held as part of the Trinity fund with 
which the Alexander bequest was immixed. 



356 APPKNDICES. 



3. The report is objected to in so far as it applies different principles of 
valuation to the valuation of the Hospital property at the two periods of 1700 
and 1873 ; and it is submitted that, while for purposes of sale or other purposes 
extrinsic to the trust, it would be proper to value at a greater number of years' 
purchase in 1873 than in 1700, yet, in a question of allocation between two 
beneficiaries, the revenues of the trust ought to be capitalised by applying the 
same number of years' purchase or years' value to both periods, otherwise the 
Alexander fund will be augmented in a double ratio at the expense of the 
general fund. 

4. The same objection is stated on the ground that while, in cases of 
diversion of trust-funds, beneficiaries have been held entitled to participation 
in the profits or revenues derived from the employment of their money, 
it is submitted there is no rule to the ettect that beneficiaries are entitled 
to participate in the increment in the value of capital resulting from general 
causes, and not from a use involving risk or hazard to the immixed trust- 
funds. 

5. The objectors do not understand the Reporter to express an opinion 
in favour of ^he assumption of a prospective feuing value for the property 
as at 1873, but alternative views are submitted, based on that assumption. 
These are objected to, and it is submitted that the valuation appearing in 
the Hospital accounts, and quoted without remai-k in Professor Macpherson's 
principal report, is the true value for all the purposes of this cause. 

6. Appended hereto is the original or "tentative" state prepared by 
Mr Gillies Smith, under Professor Macpherson's directions, and communicated 
to the objectors ; and on the opposite page is a copy of that state, with certain 
corrections applied to it, shewing the effect of the alterations submitted 
by the objectors to Professor Macpherson. Instead of giving his opinion 
as between these limits, the Reporter has, as he himself explains, reconsidered 
the whole subject, and has presented various alternative views, to which 
the preceding objections apply. The objectors are willing to accept the 



OBJECTIONS FOE GOVERNORS TO THE REPORT. 357 

" tentative " state as the basis of settlement, and if this course should be 
approved by the Court, the above objections will fall to be modified. The 
corrected state is referred to as shewing the effect of the objectors' 
propositions. 

In resjKct whereof, 

John M'Laben. 



[Appendix 

VOL. II. 2 z 



358 



APPENDICES. 



APPEN 

STATES of the Alexander Fund as at 1st August 1873, original, and as 

of Heritable 

State of the Alexander Fund at 1st August 1873, prepared on principle laid down 
in Interlocutor of Court, dated 20th July 1875. 

The Trinity Hospital funds, including the Alexander fund, and taking the value of lands 
at 22 years' purchase, amounted in the year 1700 to . . . £12,449 11 4 

See State appended page 2. 



The capital sums received between the years 1700 and 1873 amounted 
to ...... . £7,560, 8s. Od. 

The present value of these sums, drawn back to the year 1700, at 5 per cent. 

compound interest, are ....... 974 2 9 



Total as at 1700, di-awing back to that year, at 5 per cent, compound interest, 

capital sums subsequently received, ..... £13,423 14 I 



The funds and estate at 1st August 1873 amounted, per Tabular Statement of 

Revenue and Expenditure of City Accounts, for the 10 years ending 

1st August 1873, to . . . . . £86,183 4 10 

Deduct — Price received for Hospital, . . £6,000 

Interest thereon, at average rates, actually 

received on the Hospital funds and estate, 

from 5th May 1846 to 1st August 1873, . 7,199 19 4 

13,199 19 4 



£72,983 5 6 



Total as at 1700, 
including subse- 
quent receipts 
drawn back. 

Then, as 13,423-iai : 



Alexander Fund 

in 

1700. 



2270-032 



Total Fund 

at 

1873. 



72,983-273 



Alexander Fund 

in 

1873. 



12,341- 



Say, Amount of Alexander fund, in this view, at 1st August 1873, 



. £12,341 18 10 



TENTATIVE STATES, BY MR GILLIES SMITH. 



359 



DIX. 



altered to give effect to the equalisation of Rates of Interest and of Valuation 
Properties. 

State (by Mr A. Gillies Smith, C.A.) of the Alexander Fund at 1st August 1873, prepared 
on principle laid down in Interlocutor of Court, dated 20th July 1875, as altered to 
meet certain objections thereto by the Governors of the Trinity Hospital. 

The Trinity Hospital funds, including the Alexander fund, and taking the value of lands at 
27j year.s' purchase, amounted in the year 1700 to . . . £14,289 7 1 

The amount in Mr Gillies Smith's state (the number of years' purchase of 
land rent being 22), is . . . . .£12,449 11 4 

Add, 5i years' purchase of £420.'5, 4s. 8d. Scots=£22,077, 

-•-■•■ 1839 15 9 



9s. 6d. Soots, in sterling, 



As above, 



The capital sums received between the year 1700 anfl 1873 
amounted to ..... . 



£14,289 7 1 

£7j5fiO_8 

The present value of these sums, drawn back to the year 1700, at Sj per cent. 
compound interest, is ...... . 

Total as at 1700, drawing back to that year, at 3i per cent, compound interest, 
capital sums subsequently received, ..... 

The funds and estate at 1st August 1873 amounted, per Tabular Statement 
of Revenue and Expenditure of City Accounts for the 10 years ending 
1st August 1873, to ..... . 

(The amount here stated includes a valuation of the Hospital properties at 

from 10 to 30 years' purchase of the annual rental, viz., 10 years for 

houses, 21 years for feu-duties, and 30 years for lands, the average 

being 27J years.) 

Deduct — Price received for the Hospital, . . £6,000 

And for extinction of servitude on "Ireland's 

Woodyard," . . . . . 500 



1,563 



£15,852 14 8 



£86,183 4 10 



Together, . £6,500 

And interest at 3i per cent, per annum, to 1st August 1873, 



on £6000, from 5th May 1846, 
And on £500, from 15th May 1848, 



£9,322 6 
691 19 3 



Interest, 



. 10,014 



Total as at 1700, 
including subse- 
quent receipts 
diawn back. 

Then, as 15,852-1^ : 



Alexander Fund 

in 

1700. 



2,270-21 



Deduct, 



Tcjtal Fund 

at 

1873. 



16,514 5 3 
£69,668 19 7 



69,668-ii 



Alexander Fund 

in 

1873. 



: 9,976^ 



Amount of Alexander fund, in this view, at 1st August 1873, 



£9,976 5 



360 APPENDICES. 



VII. 

ADDITIONAL REPORT by Professor Macpherson in causa Clephane and 
Others against the Magistrates and Town Council of Edinburgh, 
as Governors of Trinity Hospital. 

Edinburgh, 19th March 1878. — Tlie Lords having resumed consideration 
of the cause, with the Report by Professor Macpherson, dated 7th June 1877, 
in answer to the remit contained in the Interlocutor of the Court, dated 20th 
Jul}' 1875, and objections thereto for the defenders. No. 123 of Process, and 
heard counsel for the defenders, — Find that in ascertaining the value of the 
whole funds and property administered by the defenders, as Governors of the 
Hospital in the year 1700, no account is to be taken of the Trinity College 
Church or of the Trinity Hospital buildings, or of any lands held and possessed 
by the Governors for the Hospital in the year 1700, and thereafter retained by 
them in forma specifica ; and on the other hand, Find that, in ascertaining the 
value of said whole funds and property in the year 1873, no account is to be 
taken of the prices received by the defenders for the said church and for the 
said Hospital buildings (including the price of a servitude in favour of the said 
Hospital building mentioned in the said report), inasmuch as such prices are of 
known amount, and either have been kept separate or are readily separable 
from the aggregate funds and property which comprehend the funds and 
property belonging to the Alexander Mortification : Find that the price or prices 
of parts of the lands held and possessed by the defenders in 1700, but since 
sold, must be included in the account of the value of the said whole funds 
and property in the year 1873, inasmuch as the said price or prices have 
been immixed with the aggregate funds and property which comprehend the 
funds and property of the Alexander Mortification ; and on the other hand, 
that in ascertaining the value of the said whole funds and property in the 
year 1700, the said price or prices must be drawn back to the said date on 



ADDITIONAL REPORT BY PROFESSOR MACPHERSON. 361 

the same terms on which additional gifts and legacies, received since 1700, 
are to be drawn back, as hereinafter directed : Find that lands acquired 
by the defenders, as Governors, since the year 1700, by purchase and not 
by donation or mortification, must be taken into account in ascertaining 
the value of the said aggregate funds and property in the year 1873, and are 
to be valued at the price at which the same might reasonably be expected to 
sell if publicly exposed for sale in the year 1873 : Approve of the valuation 
ascertained and reported by Professor Macpherson, and appoint the value of 
the said lands to be taken at £640 per acre in the year 1873 : Find that the 
sum of £5730, 9s. 2d., which the defenders are appointed by Interlocutor of this 
date to restore to the Trinity Hospital, but without interest, is to be reckoned 
as part of the said aggregate funds and property as existing in the year 1873 : 
Find that the mode adopted by the Accountant, and reported by Professor Mac- 
pherson, of drawing back to the year 1700 the value of all additional gifts and 
legacies received by the Governors of the Hospital since 1700, and immixed with 
the said aggregate funds and property, is a reasonable and equitable mode, and 
approve thereof accordingly, as applicable not only to the said additional gifts 
and legacies, but also to the price or prices obtained for portions of the lands 
held and possessed by the Governors in 1700, and subsequently sold : Further, 
in accordance with the above finding, sustain the first and second objections 
stated by the defenders to the report : Find that the third objection has been 
obviated by the above findings : Repel the other objections and decern : Remit 
of new to Professor Macpherson to prepare, with the assistance of the Account- 
ant, a state shewing the amount as in 1700 of the Trinity Hospital estate and 
of the Alexander fund respectively, and the amount of the said two estates or 
funds respectively in the year 1873, upon the principles settled by the previous 
Interlocutor of 20th July 1875. 

Signed 20th March 1878. John Inglis, I.P.J). 

To the Lords of the First Division of the Court of Session. 

My Lords, 

In obedience to the prefixed Interlocutor, the Reporter met with the 
Accountant, and considered the bearing of the findings it contains upon the 



362 



APPENDICES. 



notes previously prepared by the Accountant. The latter has since made the 
necessary calculations, applying the findings of your Lordships to the data 
upon which the accounts previously lodged were based. 

The amounts of the Trinity Hospital estate estimated in terms of prefixed 
Interlocutor, and of the Alexander fund respectively, in 1700 and in 1873, were 
as follows : — 



1700. 

Amount of the Trinitj^ Hospital estate, 
including the value of gifts and 
legacies received since 1700, and 
of prices obtained for portions of 
land then held and subsequently 
sold, drawn back to that date, — 
but exclusive of the value of Trin- 
ity College Church, the Hospital 
buildings and servitude, and of 
all lands held in 1700 not since 
sold, £8795 19 



Amount of the Alexander fund, 

£2270 



8 



1873. 

Amount of Trinity Hospital estate, 
exclusive of the Trinity College 
Church'and of the Trinity Hospital 
buildings and servitude, and of 
lands held by the Governors for 
the Hospital in the year 1700, and 
retained by them, 

£118,330 8 1^-^ 



Amount of the Alexander fund, 

£30,537 19 



The Accountant's Report and relative appendices are lodged herewitL 

Humbly reported by 

Norman Macpherson. 
bill July 1878. 



OBJECTIONS FOR THE GOVERNORS TO SAID REPORT. 363 



VIII. 

OBJECTIONS for the Lord Provost, Magistrates, and Council of the 
City of Edinburgh, as Trustees, Administrators, and Governors of 
the Trinity Hospital of Edinburgh, to REPORT by Professor 
Macpherson, dated 6th July 1878. 

The Magistrates and Town Council of Edinburgh, as Governors of Trinity 
Hospital, have had communicated to them the Report by Professor Macpher- 
son, dated 5th July 1878, and boxed 6th July, and relative state therein 
referred to, and which report was allowed to be seen in terms of the prefixed 
Interlocutor. 

The state referred to in the report embraces minute calculations, extending 
from 1700 to 1873, and it is impossible for the Magistrates and Town Council 
within the time allowed them fully to check these calculations. Reserving any 
objections, therefore, which may exist to these calculations, and while maintain- 
ing their objections formerly stated against any part of the value of the lands 
of Dean Park and Blinkbonny, or the ground at Coatfield, acquired since 1700, 
being apportioned to the Alexander fund, and also to the method in which 
these lands have been valued, and to the price or prices of parts of the Trinity 
Hospital's other lands held and possessed in 1700, but since sold, being dealt with 
in the manner in which they are in the said state, the Magistrates and Council 
have to state the following additional objections in regard to the way in which 
the state has been made up. 

The Magistrates and Council object to the report and state — 

1. Because the Reporter has included in the "state of prices received for 
parts of the lands held in the year 1700, but sold prior to 1st August 



364 APPENDICES. 



1873," set out in No. 132 of process, Appendix No. 5, p. 9, the follow- 
ing sums:— 
1724. For part of Hospital's garden at the foot of Leith 

Wynd, £5 11 

1794. For house at foot of Leith Wynd, . . . 30 . 

1840. For Old Physic Gardens, . . . . 600 

1844. Do. balance, . . . . . 1500 



£2135 11 



These were all lands held like the Hospital itself before 1700, and 
formed the Hospital precincts, and the price thereof should have been 
included along with the price of the Hospital buildings and of the right 
of servitude, and been excluded from the account as directed by the 
Interlocutor of 19th March 1878. 
Because the Reporter in the state deals in a different manner with the 
prices received for parts of the lands held and possessed in 1700, but 
sold prior to 1873, from the manner in which he deals with the price 
of the Hospital buildings and servitude, inasmuch as he carries the one 
back to 1700 and not the other. 

In respect whereof, 

John M'Laren. 



CHARTER BY KING JAMES VI. TO SIR SIMON PRESTOUN. 3G5 



XIV. 

CHARTER by King James VI. granting Trinity Church and Hospital to Sir 
Simon Pre.ston, Provost, and his successors the Provosts, Bailies, 
and Council of the Burgh of Edinburgh. Edinbureh, 12th Nov- 
ember 1567. 

Jacobus Dei gratia Rex Scotorum : Omnibus probis hominibus totius terre 
sue clericis et laicis, salutem. Sciatis quod nos et charissimus consanguineus 
Jacobus comes Morauie dominus Abirnethy etc. nostri regni Regens animo 
ferventi et zelo ducti ad supportandum et adjuvandum paupertatem penuriam 
et inopiam multarum et diversarum honestarum senium et impotentium per- 
sonarum a quibus in earum senectute per eventum et adversam fortunam res 
et bona deciderunt, ne propter extremam famem penuriam et indigentiam sue 
necessarie sustentationis omnino perirent et morirentur, Nos propterea pietate 
et bona conscientia moti ad prestandum eis juvamen et auxilium prout eorum 
indigentia et necessitas requirit, ac etiam intelligentes quod hec predicta in 
omnibus commoda principia et initia capere non poterunt nee commode per- 

James, by the grace of God King of Scots : To all the good men of his whole land, 
clerics and laics, greeting. Know ye that we and our dearest cousin James earl of 
Murray lord Abernethie, &c., Regent of our kingdom, moved by fervent and zealous 
purpose to support and assist the poverty, penury, and want of many and divers 
honest, aged, and impotent persons, who in their old age have lost their means and 
substance by accident and bad fortune, so that they may not utterly perish and die 
through extreme hunger, penury, and want of their necessary sustenance ; we therefore, 
moved by piety and good conscience to afiford them such help and assistance as their 
indigence and necessity require; as also understanding that the aforesaid purpose 
cannot in all respects be conveniently begun and commenced, nor conveniently per- 
VOL. IL 3 A 



366 APPENDICES. 



formari et ad finem perfectum pervenire valeant absque nostro supplemento 
auxilio et auctoritate ; intelligentesque quod dominus Symon Prestoun de 
eodem miles animo est deliberato firmo et constanti proposito ad edificandum 
construendum ac cum omni cura et diligentia dotandum unum Hospitale cum 
rationabili sustentatione talibus predictis honestis indigentibus et impotentibus 
personis senibus et etate provectis egrotis, incolis et inhabitantibus infra 
nostrum Burgum de Edinburgh, ac etiam aliis senibus indigentibus et impoten- 
tibus qui idonei fuerint inventi ad acceptandum talia beneficia et gratitudines 
in dicto hospitali fundando. Nos propterea et Regens noster predictus intelli- 
gentes predictum propositum et opus omnibus modis non solum bonum et 
divinum fore, sed etiam volentes prestare occasionem aliis nostris subditis et 
ad alliciendos animos quorundam aliorum nostrorum ligeorum et subditorum ad 
simile propositum et opus talem divinam vocationem acceptandum, cum avisa- 
mento et consensu dominorum nostri secreti consilii expediens et necessarium 
fore duximus ad gratificandum dictum dominum Symonem prepositum dicti 
nostri Burgi de Edinburgh dono et donatione talis loci nunc in nostris manibus 
vacantis et ad nostram donationem spectantis et pertinentis, magis convenientis 
et idonei ad construendum et edificandum reparandum et performandum dictum 

fected and accomplished, without our supplement, aid, and authority; and under- 
standing that Sir Simon Prestoun of that Ilk, knight, intends with deliberate, firm, 
and set purpose to build, erect, and with all care and diligence endow an Hospital, 
with reasonable support for such foresaid honest poor and impotent persons, aged and 
advanced in years, or sick, indwellers and inhabitants within our Burgh of Edinburgh, 
and also for such other old indigent and impotent people as shall be found fit for 
receiving such benefits and charity in the said Hospital so to be founded : Therefore, 
we and our foresaid Regent, perceiving that the said purpose and work will be in every 
respect not only good and divine, but also willing to give occasion to others our 
subjects, and to incUne the minds of certain others of our lieges and subjects to accept 
such a divine call to a similar purpose and work, with the advice and consent of the 
lords of our Privy Council, have deemed it expedient and necessary to gratify the 
said Sir Simon, provost of our said Burgh of Edinburgh, with the gift and donation 
of such a place now vacant in our hands, and belonging and pertaining to our gift, 
as shall be most fit and convenient for constructing and building, repairing and 
perfectuig the said Hospital, with the houses, buildings and yards thereof, which the 



CHARTER BY KING JAMES VI. TO SIR SIMON PRESTOUN. 367 



Hospitale cum domibus edificiis et hortis eiusdem, ubi major populi et gentium 
multitude et confluentia tam extraneorum quam aliorum nostrorum ligeorum 
huius nostri oppidi frequentare videntur, et prope dictum locum quotidianum 
accessum ad dictum nostrum oppidum ac etiam regressum a dicto nostro oppido 
maxime habent, occasione cuius quotidiana elemosyna et auxilium ad dictum 
Hospitale augetur et increscet. Quare nos propter bonum fidele et gratuitum 
servitium nobis nostro Regenti predicto et etiam predictis dominis nostri secreti 
consilii per dictum dominum Symonem Prestoun prepositum predictum tem- 
poribus retroactis et preteritis factum et impensum, ac etiam propter nonnullas 
alias occasiones et considerationes animum nostrum moventes erga dictum 
dominum Symonem Prestoun Prepositum Ballivos Consules et Communitatem 
dicti nostri Burgi de Edinburgh, dedimus concessimus et disposuimus, ac tenore 
presentis carte nostre, damns concedimus et disponimus dicto domino Symoni 
Prestoun nunc preposito dicti nostri Burgi de Edinburgh et successoribus suis 
Prepositis Ballivis Consulibus et Communitati eiusdem Burgi pro tempore 
existentibus, totam et integram ecclesiam vocatam Ecclesiam Collegiatam 
Trinitatis cum cimiterio domibus edificiis ruinatis et edificatis pomariis hortis 
croftis columbario et pertinentiis eiusdem quibuscunque per prepositum et pre- 



greatest multitude and concourse of people, as well strangers as others our lieges of 
this our town, are seen to frequent, and near which they chiefly have daily access to 
and egress from the town, whereby the daily alms and contributions to the said 
Hospital are increased and will increase: Therefore, for the good, faithful, and 
gratuitous service rendered and performed by the said Sir Simon Prestoun, provost 
foresaid, towards ourself, our foresaid Regent, and the said lords of our Privy Council, 
in times bygone and past, as well as for other causes and considerations moving us 
in favour of the said Sir Smion Prestoun, Provost, the Bailies, Councillors, and 
Community of our said Burgh of Edinburgh, we have given, granted, and disponed, 
and, by the tenor of our present charter, give, grant, and dispone, to the said Sir 
Simon Prestoun, present provost of our said Burgh of Edinburgh, and his successors, 
the Provosts, Bailies, Councillors, and Community of the said Burgh for the time 
being. All and Whole the church called the Collegiate Church of the Trinity, with 
the churchyard, houses, buildings, ruinous and built, orchards, yards, crofts, dovecot, 
and pertinents thereof whatsoever, formerly occupied and inhabited by the provost 



368 APPENDICES. 



bendarios dicte Ecclesie Collegiate perprius occupatis et iuhabitatis, unacum 
loco et parte cum edificiis et hortis hospitalis vocati Hospitalis Trinitatis vulgo 
Trinitic Hospitall dicte Ecclesie Collegiate contigiie adjacentibus cum horto ex 
parte occidcutali eiusdem jacente ad caudam sive finem vici seu vinelle nostre 
vocati Leyth Wynde, in manibus nostris nunc cxistente et ad nostram dona- 
tionem seu dispositionem deveniente tanquam prefati Collegii et loci indubitati 
patroni, per ordinem actorum et statutorum a tempore reformationis religionis 
nujDer factorum et ordinatorum, ac pro edificatione et constructione dicti liospi- 
talis domorum liortorum et policiorum eiusdem pro sustentatione pauperum 
et egrotorum per ipsos infra eandem locandorum et nulli alio usui tantummodo. 
Tenendam et HABENDAM totam et integram prefatam ecclesiam vocatam Eccle- 
siam Trinitatis cum hortis domibus edificiis pomariis croftis columbario ac 
domibus dicti hospitalis vocati Hospitalis Trinitatis cum omnibus locis partibus 
et possessionibus earundem per prepositum et prebendarios dicte Ecclesie Col- 
legiate perprius occupatis et possedatis [possessis], dicto domino Symoni Prestouu 
nunc preposito dicti nostri Burgi de Edinburgh et successoribus suis Prepositis 
Ballivis Consulibus et Communitati dicti nostri Burgi pro tempore existentibus, 
de nobis et successoribus nostris in libera alba firma imperpetuum per omnes 

and prebendaries of the said Collegiate Church, together with the place and part, 
with the buildings and yards of the hospital, called the Hospital of the Trinity, lying 
contiguous to the said Collegiate Church, with the yard lying on the west side thereof, 
at the foot or end of our street or vennel called Leith Wynd, now in our hands, 
and at our gift or disposal as undoubted patron of the said College and place, 
according to the tenor of the acts and statutes made and ordained shortly after 
the time of the Reformation of religion, and foi- the building and construction of 
the said Hospital, houses, yards and policies of the same, for the sustentation of the 
poor and sick to be placed by them within the same only, and for no other use what- 
ever. To HAVE and to hold all and whole the said church called the Church of the 
Trinity, with the yards, houses, buildings, orchards, crofts, dovecot, and houses of 
the said hospital called Trinity Hospital, with all the places, parts and possessions of 
the same, formerly occupied and possessed by the provost and prebendaries of the 
said Collegiate Church, to the said Sir Simon Prestoun, now provost of our said 
Burgh of Edinburgh, and his successors, the Provosts, Bailies, Councillors, and Com- 
munity of our said Burgh of Edinburgh for the time being, of us and our successors 



CHARTER BY KING JAMES VI. TO SIR SIMON PRESTOUN. 3G9 

rectas metas et divisas prout prefata ecclesia cum pomariis hortis columbario 
et aliis prescriptis et earundem pertinentiis jacent in longitudine et latitudine 
in domibus edificiis hortis etc. cum libero introitu et exitu viis et passagiis 
earundem usitatis et consuetis cum omnibus aliis et singulis commoditatibus 
libertatibus asiamentis privilegiis et justis suis pertinentiis quibuscunque spec- 
tantibus seu juste spectare valentibus seu que in futurum pertinere dinoscuntur, 
libere quiete plenarie Integra honorifice bene et in pace absque revocatione aut 
contradictione quacunque ; cum plenaria potestate dicto domino Symoni nunc 
preposito et successoribus suis Prepositis Ballivis Consulibus et Communitati 
dicti Burgi pro tempore existentibus desuper disponendi prout ipsis visum 
fuerit ; proviso tamen quod astricti erunt ut loca et alia prescripta usui pre- 
scripto et nullo alio modo nee usui apjjlicabuntur. Reddendo inde annuatim 
dictus dominus Symon Prestoun nunc propositus dicti nostri Burgi de Edin- 
burgh et successores sui Prepositi Ballivi Consules et Communitas dicti nostri 
Burgi pro tempore existentes, nobis et successoribus nostris unum denarium 
argenti super fundo prefati loci in festo Penthecostes nomine albe firme si 
petatur tantum. Proviso omnimodo quod bee pi-esens donatio et dispositio, 

in free blench farm for ever, by all tlie just marches and divisions, as the foresaid 
church, with the orchards, yards, dovecot, and others before written, and their perti- 
nents, he in length and breadth, in houses, buildings, yards, etc., with free ish and 
entry, ways and passages of the same used and wont, with all and singular commodities, 
liberties, easements, privileges, and their just pertinents whatsoever, belonging, or 
which ought justly to belong, or which are known to belong, to the same, in future, 
freely, quietly, fully, wholly, honourably, well and in peace, without any revocation or 
gainsaying whatsoever ; with full power to the said Sir Simon, now provost, and his 
successors, the Provosts, Bailies, Councillors, and Community of the said Burgh for the 
time being, to dispone thereupon as to them shall seem good : providing always that 
they shall be bound to apply the places and others foresaid to the use before set forth, 
and to no other purpose. Giving therefor yeai'ly, the said Sir Simon Prestoun, now 
provost of our said Burgh of Edinburgh, and his successors, the Provosts, Bailies, 
Councillors, and Community of our said Burgh for the time being, to us and our 
successors, a silver penny, on the ground of the said place and others, at Whitsunday, 
in name of blench farm, if asked only. Providing always that this present gift and 
grant shall be in no degree prejudicial to the provost and prebendaries of the said 



370 APPENDICES. 



preposito et prebendariis dicte Ecclesie Collegiate, juxfca ipsorum infeofamenta 
jura et donationes tantorum pauperum vocatorum vulgo beidmen in dicto 
hospitali, vocato The Trinitie Hospitale predicto, nunc locatorum et dotatorum, 
secundum tenorem ei'ectionis desuper facte, minime prejudicet. In cuius rei 
testimouium huic present! carte nostre inagnum sigillum nostrum apponi pre- 
cepimus. Testibus, reverendissimo in Christo patre Johanne Archiepiscopo 
Sanctiandree etc. ; dilectis nostris consanguineis Jacobo comite de Mortoun 
domino Dalkeyth caneellario nostro, Wilelmo comite Mariscalli domino Keyth ; 
venerabili in Christo patre Johanne commendatario monasterii nostri de Cold- 
inghame nostri secreti sigilli custode ; dilectis nostris familiaribus consiliariis 
Magistro Jacobo M'Gill de Rankelour Nether nostrorum rotulorum registri ac 
consilii clerico, et Johanne Bellenden de Auchnoule milite nostre justiciarie 
clerico. Apud Edinburgh duodecimo die mensis Novembris anno Domini 
millesimo quingentesimo sexagesimo septimo, et regni nostri anno primo. 

Collegiate Church, in regard to their infeftments, rights, and donations to so many of 
the poor, commonly called beidmen, now placed and endowed in the said hospital, 
called the Trinity Hospital foresaid, after the tenor of the erection made thereupon. 
In witness whereof we have ordered our Great Seal to be appended to this our present 
charter. Witnesses, the most reverend father in Christ John archbishop of St 
Andrews, etc. ; our beloved cousins, James earl of Mortoun lord Dalkeith, our 
chancellor, William earl Marischall lord Keith ; the venerable father in Christ John 
commendator of our monastery of Coldingham, keeper of our privy seal ; our beloved 
familiar councillors, Mr James M'Gill of Eankedlour Nether, clerk of our rolls register 
and council, and John Bellenden of Auchnoule knight, our justice clerk. At Edin- 
burgh, the twelfth day of the month of November, in the year of our Lord one 
thousand five hundred and sixty-seven, and in tlie first year of our reign. 



CHARTER BY KING JAMES VI. CONFIRMING QUEEN MARY's CHARTER. 371 



XV. 

CHARTER by King James VI. confirming Queen Mary's Charter of 13th 
March 1566, and of new granting the Kirk-livings to the Provost, 
Bailies, Council, and Community of the Burgh of Edinburgh. 
Stirling, 14th April 1582. 

Jacobus, Dei gratia Rex Scotorum : Omnibus probis hominibus totius terre 
sue clericis et laicis, salutem : SciATis nos, cum avisamento dominorum nostri 
secreti consilii, quandam cartam et infeofamentum per nostram charissimam 
matrem pro tempore regni nostri Reginam post suam perfectam etatem cum 
avisamento et consensu dominorum ejus secreti consilii factam datam et con- 
cessam dilectis nostris Preposito Ballivis Consulibus et Communitati Burgi 
nostri de Edinburgh et eorum successoribus super donatione dispositione et 
confirmatione omnium et singularum terrarum tenementorum domorum edifi- 
ciorum ecclesiarum capellaniarum hortorum pomariorum croftarum annuorum 
reddituum fructuum devoriarum proficuorum emolumentorum firmarum elee- 
mozinarum lie daill sylver obituum et anniversariorum quorumcunque, que 
quovismodo pertinuerunt aut pertinere dinoscuntur ad quascunque capellanias 

James, by the grace of God King of Scots : To all good men of his whole land, clerics 
and laics, greeting. Know ye that we with the advice of the lords of our Privy 
Council have fully understood a certain charter and infeftment, made, given, and 
granted by our dearest mother, Queen of our realm for the time, after her perfect age, 
with the advice and consent of the lords of her Privy Council, to our lovites the 
Provost, Bailies, Councillors, and Community of our Burgh of Edinburgh and their 
successors, in regard to the gift, grant, and confirmation of all and sundry lands, 
tenements, houses, buildings, churches, chapels, yards, orchards, crofts, annualronts, 
fruits, duties, profits, emoluments, rents, alms, daill silver, obits, and anniversaries 
whatsoever, which any time belonged or are known to belong to any chaplainries, 



372 APPENDICES. 



alteragia prebendas in quacunque ecclesia capella aut collegio infra libertatem 
dicti Burgi nostri de Edinburgh, fundata seu fundanda per quemcunque pat- 
ronum, in quarum possessione capellanii et prebendarii earundem perprius 
fuerunt, ubicunque prefate domus tenementa edificia pomaria horti annui 
redditus anniversaria fructus proventus et emolumenta jacent, aut prius leuata 
fuerunt respective, cum maneriebus locis hortis pomariis terris annuis redditibus 
emolumentis et devoriis quibuscunque que Fratribus Dominicalibus seu Predi- 
catoribus et Minoribus seu Franciscanis dicti Burgi nostri de Edinburgh per- 
prius pertinuerunt ; unacum omnibus et singulis terris domibus tenementis et 
hortis jacentibus infra dictum nostrum Burgum et libertatem ejusdem, cum 
omnibus annuis redditibus de quacunque domo terris aut tenemento infra 
dictum nostrum Burgum leuandis, quibuscunque capellaniis alteragiis ecclesiis 
mortuariis aut anniversariis ubicunque sint infra regnum nostrum donatis 
dotatis et fundatis ; Ac etiam cum omnibus et singulis annuis redditibus et 
aliis devoriis solitis, aut que per quamcunque ecclesiam extra dictum nostrum 
Burgum, a Preposito aut Ballivis ejusdem de communi redditu ejusdem pro 
suffragiis celebrandis demandari poterint, cum pertinentiis, ac de omnibus aliis 
privilegiis libertatibus et facultatibus in carta et infeofamento donationis et 

altarages, [or] prebends, founded or to be founded in any church, chapel, or college 
within the liberty of our said Burgh of Edinburgh, by any patron, in the possession 
of which the chaplains and prebendaries of the same formerly were, wherever the 
said houses, tenements, buildings, orchards, yards, annual rents, anniversaries, fruits, 
profits, and emoluments are situated, or were formerly uplifted respectively, with 
the manor places, yards, orchards, annualrents, emoluments, and duties whatsoever, 
which formerly belonged to the Dominican or Preaching Friars and the Minorites 
or Franciscans of our said Burgh of Edinburgh ; together with all and sundry lands, 
houses, tenements, and yards lying within our said Burgh and the liberty of the 
same, with all annualrents uplifted from any house, lands, or tenement, within our 
said Burgh, given, granted, and donated to chaplainries, altarages, churches, burials, 
or anniversaries, wherever they be within our kingdom ; as also with all and singular 
annualrents and other duties customary, or that could be demanded by, any church 
outwith our said Burgh, from the provost or bailies of the same out of the common 
wood of the same, for the celebration of suffrages, with the pertinents ; and of all 
other privileges, liberties, and faculties at length specified and contained in the said 



CHARTER BY KING JAMES VI. CONFIRMING QUEEN MARy's CHARTER. 373 

dispositionis predictis desuper confectis ad longum specificatis efc contentis 
tenendis de dicta charissima nostra matre et successoribus suis, de mandato 
nostro visam lectam inspectam et diligenter examinatam sanam integram non 
rasara non caacellatam nee in aliqua sui parte suspectam ad plenum intellexisse, 
sub hac forma : 

Maria Dei gratia Regina Scotorum : Omnibus probis hominibus totius terre 
sue clericis et laicis, salutem. Sciatis quia nos impensius munus nostrum 
erga divinum servitium perpendentes, et pro ardenti zelo quem ob intertenendam 
policiam et equabilem ordinem inter subditos nostros, percipue vero infra 
Burgum nostrum de Edinburgh, preservandum habemus; considerantes itaque 
nos ex officio teneri (et) munus erga Deum complecti debere, cujus providentia 
regimini hujus regni proponimur, sicque nobis ex officio incumbcre omni 
honesto modo pro ministris verbi Dei providere, et quod hospitalia pauperibus 
mutilatis et miseris personis, orphanis et parentibus destitutis infantibus, infra 
dictum nostrum burgum preserventur, jiost nostram perfectam etatem, cum 
avisamento dominorum secreti consilii nostri, dedimus concessimus disposuimus, 
ac pro nobis et successoribus nostris pro perpetua confirmavimus, necnon tenore 
presentium damus concedimus disponimus, et pro nobis et nostris successoribus 

charter and infeftment of gift and disposition made thereupon, to be held of our 
said dearest mother and her successors, — by our command, seen, read, inspected, and 
dihgently examined, perfect, whole, not erased, not cancelled, nor in any part suspect, 
in this form : 

Mary, by the grace of God, Queen of Scots : To all good men of her whole land, clerics 
and laics, greeting. Know ye that we more carefully reflecting upon our duty towards 
the service of God, and out of the ardent zeal which we have for maintaining the civil 
polity, and preserving good order among our subjects, but chiefly within our Burgh of 
Edinburgh, and also considering that we by our oflice are bound and ought to be care- 
ful of our duty towards God, by whose providence we are set over the government of 
this kingdom, and that it is incumbent on us in virtue of our oflice, by all honest means 
to provide for the ministers of God's word, and that hospitals for poor mutilated and 
miserable persons, orphans and children deprived of their parents, may be maintained 
within our said Burgh, did, on attaining our majority, with the advice of the lords of 
our Privy Council, give, grant, dispone, and for us and our successors for ever confirm, 
and do by the tenor of these presents give, grant, dispone, and for us and our successors 
VOL. II. 3 B 



374 APPENDICES. 



pro perpetuo confirraamus predilectis nostris Preposito Ballivis Consulibus et 
Communitati dicti nostri Burgi de Edinburgh et ipsorum successoribus im- 
perpetuum, Omnes et Singulas terras tenementa domos edificia ecclesias capellas 
hortos pomaria croftas annuos redditus fructus devoria proficua emolumenta 
firmas elimozinas lie daill silver obitus et anniversaria quecunque, que 
quovismodo pertinuerunt aut pertinere dinoscuntur ad quascunque capellanias 
alteragia prebendarias, in quacunque ecclesia capella aut collegio infra 
libertatem dicti nostri Burgi de Edinburgh fundata seu fundatus per quemcunque 
patronum, in quai-um possessione capellani et prebendarii earundem perprius 
feurant, ubicuuque prefate domus tenementa edificia pomeria horti anuui 
redditus anniversaria fructus proventus et emolumenta jacent aut prius leuata 
fuerunt respective, cum maneriis locis pomeriis terris annuls redditibus 
emolumentis et devoriis quibuscunque que Fratribus Dominicalibus seu 
Predicatoribus et Minoribus seu Franciscanis dicti nostri Burgi de Edinburgh 
perprius pertinuerunt ; unacum omnibus et singulis terris domibus tene- 
mentisque jacentibus infra dictum nostrum Burgum et libertatem ejusdem, 
cum omnibus aunuis redditibus de quacunque domo terris aut tenemento infra 
dictum nostrum Burgum leuandis, datis fundatis et donatis quibuscunque 
capellaniis alteragiis ecclesiis mortuariis aut anniversariis, ubicunque sint infra 

for ever confirm to our well beloved the Provost, Bailies, Councillors, and Community 
of our said Burgh of Edinburgh, and their successors for ever, All and Singular the 
lands, tenements, houses, buildings, churches, chapels, yards, orchards, crofts, annual- 
rents, fruits, duties, profits, emoluments, rents, alms, daill-silver, obits, and anniversaries 
whatsoever, which anywise belonged or are known to belong to any chaplainries, altar- 
ages, and prebends, founded in any chursh, chapel, or college within the liberty of our 
said Burgh by whatsoever patron, in possession whereof the chaplains »nd prebendaries 
of the same formerly were, wheresoever the foresaid houses, tenements, buildings, orchards, 
yards, annual rents, anniversaries, fruits, profits, and emoluments lie, or were formerly 
uplifted respectively, with the manor places, orchards, lands, annualrents, emoluments, 
and duties whatsoever which formerly belonged to the Dominican or Preaching Friars, 
and to the Minorites or Franciscans of our said Burgh of Edinburgh ; together with 
all and sundry lands, houses, and tenements lying within our said Burgh and the liberty 
of the same, with all annual rents leviable from any house, lands, or tenement within 
our said Burgh, given, founded, and granted to whatever chaplainries, altarages, churches. 



CHARTER BY KING JAMES VI. CONFIRMING QUEEN MARY's CHARTER. 375 

regnum nostrum ; ac etiam cum omnibus et singulis annuis redditibus et aliis 
devoriis solitis aut que per quamcunque ecclesiam extra dictum nostrum 
Burgum a Preposito aut Ballivis ejusdem de communi redditu ejusdem pro 
suffragiis celebrandis demandari poterint, cum pertinentiis. Tenendas et 
HABENDAS omncs et singulas prefatas terras tenementa domos edificia pomeria 
hortos croftas annuos redditus fructus devoria proficua emolumenta firmas 
elemozinas obitus anniversaria ecclesias capellas fratrum loca hortus cum 
pertinentiis prefatis Preposito Ballivis Consulibus et Communitati et eorum 
successoribus de nobis et successoribus nostris imperpetuum, prout eadem jacent 
in longitudine et latitudine, in domibus edificiis muris muremiis lignis lapide et 
calce, cum libero introitu et exitu etc. ac cum omnibus aliis et singulis 
libertatibus commoditatibus proficuis et asiamentis ac justis suis pertinentiis 
quibuscunque, tarn non nominatis quam nominatis, tam sub terra quam supra 
ten-am, ad predictas terras tenementa domos edificia pomeria hortos croftas 
annuos redditus fructus devoria et alia prescripta cum pertinentiis spectantibus 
seu juste spectare valentibus quomodolibet, in futurum, libere quiete plenarie 
integre honorifice bene et in pace absque revocatione aut contradictione 
quacunque. Cum potestate memoratis Preposito Ballivis Consulibus et 

burials or anniversaries, wheresoever they may be within our kingdom, and also with 
all and sundry annualrents and other dues customary, or that could be demanded by 
any church outwith our said Burgh from the Provost or bailies of the same out of 
the common good of the same for celebrating suflTrages, with the pertinents. To hold 
and TO HAVE all and singular the foresaid lands, tenements, houses, buildings, orchards, 
yaids, crofts, annual rents, fruits, duties, profits, emoluments, rents, alms, obits, anni- 
versaries, churches, chapels, friars' places, and yards with the foresaid pertinents to the 
Provost, Bailies, Councillors, and Community, and their successors, of us and our suc- 
cessors for ever, as the same lie in length and breadth in houses, buildings, walls, 
timber, wood, stone, and lime, with free ish and entry, etc., and with all and sundry 
liberties, commodities, profits, and easements, and their Just pertinents whatsoever, as 
well not named as named, as well under the ground as above the ground, belonging to 
the foresaid lands, tenements, houses, buildings, orchards, yards, crofts, annual rents, 
fruits, duties, and other things aforesaid, with their pertinents, or which may justly 
belong thereto in any manner of way, freely, quietly, fully, wholly, honourably, well, 
and in peace, for the time to come, without revocation or challenge whatsoever. With 



376 APPENDICES. 



communitati efc ipsorum successoribus, per seipsos ct ipsorum coUectores quos 
constituent, prefatos annuos redditus fructus devoria proficua emolumenta 
quecunque levandi et recipiendi ubicunque perprius levata fuerant, prefatas 
terras et teneraenta locandi et removendi, loca diruta extruendi et reparandi, 
eademque in hospitalia aut alios similes usus legitimes, prout ipsis cum 
avisamento ministrorum et seniorum dieti nostri Burgi videbitur, reducendi et 
applicandi, adeo libere in omnibus sicuti prefati prebendarii capellani et fi'atres 
prescripti eisdem perprius gaudere easdemque possidere potuissent ; memorati 
autem Propositus Ballivi Consules et eorum successores tenebuntur et astricti 
erunt ministros leetores et alia ecclesiastica onera prefatis annuls redditibus 
proficuis et devoriis secundum valorem et quantitatem earundem sustinere, 
locaque et edificia reparanda in hospitalitatem et alios usus prescriptos 
applicare. Considerantes itaque quanta fraude ingens numerus dictorum 
prebendariorum capellanorum et fratrum prescriptorum, qui post alterationem 
religionis terras annuos redditus et emolumenta ipsorum capellaniis prebendis 
et aliis loeis respective perprius mortificata disposuerunt alienarunt et in 
manibus quorundam particularium virorum extradonarunt ; ac etiam quod 

power to the above mentioned Provost, Bailies, Councillors, and Community and their 
successors, by themselves and their collectors whom they shall appoint, to uplift and 
receive the said annual rents, fruits, duties, profits, and emoluments whatsoever, 
wherever they were formerly uplifted, to let and remove [from] the foresaid lands 
and tenements, to build and repair the ruinous places, and to restore and apply the 
same to hospitality or other similar lawful uses, as to them, with the advice of the 
ministers and elders of our said Burgh, shall seem fit, as freely in all respects as the 
said prebendaries, chaplains, and friars before written might have enjoyed and pos- 
sessed the same aforetime. Moreover, the said Provost, Bailies, Councillors, and their 
successors shall be holden and obliged to support the ministers, readers, and other 
ecclesiastical charges out of the said annualrents, profits, and duties, according to the 
value and quantity of the same, and to apply the places and buildings to be repaired 
for hospitality and other uses foresaid. Besides, considering how dishonestly a great 
number of the said prebendaries, chaplains, and friars foresaid, have, since the change 
of religion, disponed, alienated, and given away into the hands of certain particular 
persons, the lands, annual rents, and emoluments previously mortified to their 
chaplainries, prebends, and other places respectively ; and also that very many of our 



CHARTER BY KING JAMES VI. CONFIRMING QUEEN MARY's CHARTER. 377 

pleiique legii nostri quarundem terrarum tenementorum et annuorum reddituum 
per ipsorum predecessores mortilicatorum jus sibi acclamarunt per brevia capelle 
nostre aut alias sasinam tanquam heredes suorum predecessorum (qui easdem 
ecclesie perprius dotarunt) recuperarunt, quod evenit partim negligentia 
ofSciariorum dicti nostri Burgi et partim collusione dictorum prebendariorum 
capellanorum et fratrum prescriptorum. Quocirca cum avisamento prescripto 
omnes et singulas hujusmodi alienationes dispositiones et sasinas quibus primum 
propositum et animus fundatorum infringitur alteratur et variatur deducendo 
easdem in particulares usus, ad effectum quod eedem in usus suprascriptos con- 
verti poterint per presentes reseindimus et annuUamus. Quamquidem hanc 
nostram declarationem volumus tanti esse roboris et effieacie ac si persone que 
easdem dispositiones obtinuerunt particulariter eitate essent ipsarumque 
infeofamenta absque ulterior! processu rescinderentur. Ac etiam cum avisa- 
mento prescripto unimus et incorporamus omnes et singulas terras tenementa 
domos edificia ecclesias cimiteria capellas pomaria hortos croftas annuos redditus 
fructus devoria proficua emolumenta firmas elemozinas obitus anniversaria 
fratrum loca hortos eorundem cum suis pertinentiis in unum corpus, imposterura 
appellandum Fundatio nostra Ministerii et Hospitalitatis de Edinburgh. 

lieges have claimed for themselves, by brieves of our chancery, the right to certain 
lands, tenements, and annualrents mortified by their predecessors, or otherwise have 
obtained sasine as heirs of their predecessors, who previously gifted the same to the 
church, which has happened partly by the negligence of the officers of our said Burgh 
and partly by the collusion of the said prebendaries, chaplains, and friars, foresaid. 
Wherefore, with advice aforesaid, we, by these presents, rescind and annul all and 
sundry such alienations, dispositions, and sasines, by which the first purpose and will of 
the founders is infringed, altered, and changed, by perverting the same to individual 
(or private) uses, to the effect that the same may be converted to the purposes above 
set forth. And this our declaration we will to be as strong and effectual as if the 
persons who obtained the same dispositions had been particularly cited and their in- 
feftments rescinded without further process. As also, with advice foresaid, we unite 
and incorporate all and singular the lands, tenements, houses, buildings, churches 
cemeteries, chapels, orchards, yards, crofts, annual rents, fruits, duties, profits, emolu- 
ments, rents, alms, obits, anniversaries, friars' places, yards of the same, with their 
pertinents, into one body to be called in all time coming our Foundation of the Ministry 



378 APPENDICES. 



Volumus etiam quod unica sasina, per prefatos Prepositum et Ballivos aut 
ipsorum aliquem, dicti ministerii et hospitalitatis nomine, apud Pretorium dieti 
nostri burgi semel accepta, tarn sufficiens erit sasina perpetuo in futurum ac si 
eadem super particulares terras ad dictos capellanos prebendaries [et] fratres 
pertinentes aut ipsis in prefatos annuos rcdditus anniversaria firmas proficua 
et devoria prescripta debitas sumeretur, non obstante locorum distantia. 
Preterea per presentes nolumus capellanos prebendaries et fratres qui ante 
dictani alterationem provisi erant per hoc pi"esens nostrum infeofamentum 
prejudicari, sed reservamus illis usum dictorum fructuura et devoriorum durante 
eorum vita tantum. Precipiendo itaque nostrorum computorum rotulatoribus 
presentibus et futuris ipsorum collectoribus factoribus et aliis quorum interest 
in genere necnon in specie, quod ne quis eorum recipere aut leuare presumat 
dictos fructus particulariter suprascriptos pro quovis tempore preterito seu 
futuro, neve impediant aut impedimentum ullum faciant memoratis Preposito 
Ballivis Consulibus Communitati et ipsorum successoribus in pacifica possessione 
eorundem. Requirendo et ordinando etiam dominos Sessionis nostre quatenus 
literas in omnibus quatuor formis ad instantiam dictorum Propositi Ballivorum 



and Hospitality of Edinburgh. We 'will also that one sasine, taken once for all at the 
Tolbooth of our said burgh by the foresaid Provost and Bailies, or any of them, in name 
of the said ministry and hospitality, shall be as sufficient sasine for all time coming as 
if the same were taken upon the particular lands belonging to the said chaplains, pre- 
bendaries, and friars, or in the foresaid annual rents, anniversaries, rents, profits, and 
duties foresaid due to them, the distance of the places notwithstanding. Besides, by 
these presents, we will that no injury be done to the chaplains, prebendaries, and 
friars who were in possession before the said change of religion by this our present 
infeftment, but we reserve to them the use of the foresaid fruits and duties during 
their lives only. Directing, accordingly, our comptrollers, present and future, and 
their collectors, factors, and others whom it concerns in general as well as in special, that 
none of them presume to receive or to levy the said fruits particularly above described 
for any time whatsoever, past or future, or ofier any obstruction or impediment to the 
foresaid Provost, Bailies, Counsellors, Community and their successors in the peaceable 
possession of the same. Requiring and ordaining also our lords of Session that they 
direct letters in all the four forms at the instance of the said Provost, Bailies, 



CHARTER BY KING JAMES VI. CONFIRMING QUEEN MARYS CHARTER. 379 

Consulum Communitatis ct ipsorum successorum ad effectum suprascriptum 
dirigant. Necnon precipiendo quibuscunque intromissoribus cum dictis fructibus 
quatenus ipsis de eisdem prompte intendant pareant et gratam solutionem 
faciant. In CUJUS rei testimonium huic presenti carte nostre magnum sigillum 
nostrum apponi precepimus. Testibus, reverendissimo in Christo patre 
Johanne archiepiscojjo Sanctiandree etc. ; dilectis nostris consanguincis, Georgio 
comite de Huntlie domino Gordoun et Badyenacht, cancellario nostro, Jacobo 
comite de Boithuill domino Haillis Creychtoun et Liddisdaill, regni nostri 
magno admirallo ; dilectis nostris familiaribus consiliariis, Richardo Maitland 
de Letliingtoun, nostri secreti sigilli custode, Jacobo Balfoure de Pettiiidreich, 
nostrorum rotulorum registri ac consilii clerico, et Johanne Bellenden de 
Auchnoule nostre justiciare clerico, equitibus auratis ; Apud Edinburgh decimo 
tertio die mensis Martii anno Domini millesimo quingentesimo sexagesimo 
sexto et regni nostri vicesimo quinto. 

QUAMQUIDEM CARTAM et infeofamentum in omnibus suis punctis et articulis 
conditionibus et modis ac circumstantiis suis quibuscunque in omnibus et per 
omnia forma pariter et effectu ut premissum est, approbamus ratificamus ac pro 
nobis ct successoribus nostris pro perpetuo confirmamus. Insuper nos cum 

Councillors, Community and their successors to the effect above written. Also com- 
manding all intromitters with the said fruits that they give prompt attention (and 
that they) obey, and make willing and ready payment to them of the same : In 
WITNESS whereof we have commanded our great seal to be affixed to this our present 
charter. Witnesses, the most reverend father in Christ John archbishop of St Andrews, 
our beloved cousins, George earl of Huutly, lord Gordon and Badyenacht, our chancellor, 
James earl of Bothwell, lord Hailes, Crichton and Liddisdale, high admiral of our 
kingdom, our familiar councillors, Richard Maitland of Lethington, keeper of our privy 
seal, James Balfour of Pittendreich, clerk of our rolls register and council, and John 
Bellenden of Auchnoule, our justice-clerk, knights. At Edinburgh, the thirteenth day 
of the month of March in the year of our Lord Oue thousand five hundred and sixty- 
six, and the twenty-fifth of our reign. 

Which ch.\rter and infeftment in all its points and articles, conditions and 
modes and circumstances whatsoever, in all and by all, in the like form and effect 
as premised, we approve, ratify, and for us and our successors confirm for ever. 
FuRTHEK we, with advice foresaid, for divers good and reasonable causes and con- 



380 APPENDICES. 



avisamento predicto pro diversis rationabilibus causis bonis et considerationibus 
nos movontibus de novo teuore presentium damns concedimus et disponimus 
prefatis Preposito Ballivis Consulibus et Communitati dicti Burgi nostri de 
Edinburgh et eorum successoribus, omnes et singulas prenominatas terras 
tenementa doraos edificia annuos redditus capellas loca hoi'tos pomaria croftas 
census firmas proficua emolumenta et alia respective et particulariter superius 
specificata, per ipsos imperpetuum applicanda in sustentationem ministerii, 
pauperuni auxilium, reparationem seolarum, propagationem literarum et scien- 
tiarum, pro eorum et successorum suorum arbitrio uti eis magis utile videbitur. 
Quibus etiam pro nobis et successoribus nostris plenariam ac liberam committi- 
mus potestatem quoscunque alios annuos redditus annua proficua quecunque 
tarn extra quam intra dictum nostrum Burgum, que in posterum per quos- 
cunque bono zelo ae liber[ali]tate sua motos ad alimentum ministrorum 
evangelii, auxilium pauperum, ac sustentationem gymnasiorum px'o instaur- 
andis scientiis et doctrina, donari et dotari contigerint acceptandi ; Quas etiam 
terras annuos redditus et proficua suprascripta perprius donata et fundata ac 
in posterum donanda et fundanda ut premissum est, nos pro nobis et success- 
oribus nostris nunc prout extunc et tunc prout exnunc coufirmamus ratificamus 

siderations moving us, of new by the tenor of these presents, give, grant, and dispone 
to the foresaid Provost, Bailies, Councillors, and Community of our said Burgh of 
Edinburgh and their successors, all and sundry the before named lands, tenements, 
houses, buildings, annualrents, chapels, places, yards, orchards, crofts, dues, rents, 
profits, emoluments, and others severally and particularly above specified, to be applied 
by them in all time coming to the sustentation of the ministry, the help of the poor, 
the repairing of schools, the propagation of letters and sciences, at the discretion of 
them and their successors as shall seem to them most advantageous. To whom also 
we, for ourselves and our successors, grant full and free power to accept whatever other 
annualrents and yearly profits, as well without as within our said Burgh, may in time 
coming happen to be given and doted by any persons, moved by good zeal and their 
own liberality, for the maintenance of the ministers of the gospel, the help of the poor, 
and sustentation of schools for the increase of science and learning ; which lands, 
annualrents, and profits above written, formerly doted and founded and to be here- 
after doted and founded as aforesaid, we, for us and our successors, now as then and 
then as now, confirm, ratify, and mortify, and the same we mortify as freely as any 



CHARTER BY KING JAMES VI. CONFIRMING QUEEN MARy's CHARTER. 381 

et admortizamus ac easdem adeo libere mortificamus sicuti alique terre redditu.s 
tenementa et possessiones ecclesie ullo tempore precedenti mortificate fuerunt. 
Preterea nos pro nobis et successoribus nostris ratificamus approbamus et 
confirmamus renunciationem et dimissionena per familiarem servitorem nostrum 
Joannem Gib factam de omnibus jure et titulo que ipse virtute nostre dona- 
tionis pretendere potuit ad preposituram Ecclesie beate Marie de Campis, (vulgo 
lie Kirk o£ Feild), cum fructibus terris possessionibus redditibus et devoriis 
ejusdem preteritis presentibus et futuris, in favorem dictorum Prepositi Balli- 
vorum Cousulum et Communitatis pro seipis et eorum successoribus ac nomine 
et ex parte ministerii et pauperum. Ac quia intra privilegia et libertatem dicti 
nostri Burgi nunc diversa extant vasta et spatiosa loca que preposito preben- 
dariis sacerdotibus et fratribus tempore preterite pertinuerunt maxime apta et 
commoda pro constructione domorum et edificiorum, ubi professores bonarum 
scientiarum et literarum ac studentes earundem remanere et suam diuturnam 
[diurnam] exercitationem habere poterint ultra et preter alia loca convenientia 
pro liospitalitate ; Ideo nos, enixe cupientes ut in honorem Dei et commune 
bonum nostri regni literatura indies augeatur, volumus et concedimus quod 
licebit prefatis Preposito Consulibus et eorum successoribus edificare et reparare 

lands, rents, tenements, and possessions of the church were mortified in any time 
bygone. Moreover, we for us and our successors ratify, approve, and confirm the 
renunciation and demission made by our familiar servitor, John Gib, of all right and 
title to which he, by virtue of our gift, could pretend to the provostry of the Kirk 
of Saint Mary in the Fields, commonly called the Kirk of Field, with the fruits, 
lands, possessions, rents, and duties thereof, bygone, present, and to come, in favour 
of the said Provost, Bailies, Councillors, and Community, for themselves and their 
successors, and in name and on behalf of the ministers and the poor. And because 
there are now within the privileges and liberty of our said burgh divers waste and 
spacious places which formerly belonged to the provost, prebendaries, priests, and 
friars, very fit and commodious for the construction of houses and buildings where 
the piofessors and students of the liberal sciences and letters might stay and have 
their daily exercise, besides and beyond other places convenient for hospitality [or 
charity]. Therefore, we, earnestly desiring that for the honour of God and the common 
good of our kingdom literature should daily increase, will and grant that it shall be 
lawful to the said Provost, Councillors, and their successors, to build and repair 
VOL. II. 3 C 



382 APPENDICES. 



sufBcientes domos et loca pro receptione habitatione et tractatione professoruin 
scolarum grammaticalium, liumanitatis, et lingimrum, philosophie, theologie, 
medicine, et jurium, aut quarumcunque aliarum liberalium seientiarum, quo 
declaramus nullam fore rapturam predicte mortificatioui ; Ac etiam prefati 
Propositus Ballivi et Consules ac eorum successores cum avisamento tameu 
eorum ministrorum pro perpetuo imposterum plenam habebunt libertatem per- 
sonas ad dictas professiones edocendas maxime idoneas uti magis convenienter 
poterint eligendi cum potestate imponendi et removendi ipsos sicuti expediverit, 
ac inhibendo omnibus aliis ne dictas scientias intra dicti nostri Burgi libertatem 
profiteantur aut doceant nisi per prefatos Prepositum Ballivos et Consules 
eorumque successores admissi fuerint ; Proviso quod presentes nullatenus pre- 
judicabunt nee actoribus nee reis nee aliis interesse liabentibus in ejectione et 
causa prosequuta penes decimas garbales de Dumbernj'^ Potie et Moncreif ad 
capcllanos Ecclesie Beati Egidii de Edinburgh pertinentes neque juri patronatus 
ejusdem, sed quod utrique parti et omnibus interesse habentibus usque ad 
finalem exitum et decisionem in hujusmodi ut congruit prosequi et defendere 
liceat presentibus aut quibuscunque in eisdem contentis non obstantibus. Pro- 
sufficient houses and places for the reception, habitation, and entertainment of the 
professors of the schools of grammar, humanity, and the languages, philosophy, theology, 
medicine, and law, or any other liberal sciences, whereby we declare there shall be 
no abstraction from the foresaid mortification. And also the said Provost, Bailies, 
and Councillors, and their successors, with advice, however, of their ministers, shall 
have full power in time coming to choose the most suitable persons as they can most 
conveniently for teaching the said professions, with power to place and remove them 
as shall be expedient ; and discharging all others from professing or teaching the 
said sciences within the liberty of our said Burgh, unless they shall have been per- 
mitted to do so by the said Provost, Bailies, and Councillors and their successors. 
Providing that these presents should nowise prejudice either the pursuers or defenders 
or others having interest in the ejection and cause instituted anent the teind sheaves 
of Dumberny, Potie, and Moucrieff belonging to the chaplains of the church of Saint 
Giles of Edinburgh, nor the right of patronage to the same, but that it may be lawful 
to either party and all having interest to prosecute and defend the said pleas to the 
final issue and decision as in such case is meet, these presents, or anything contained 
in the same, notwithstanding. Providing also that the ministers present and to come 



CHARTER BY KINO JAMES VI. CONFIRMING QUEEN MARY's CHARTER. 383 

viso etiam quod ministri deservientes apud dictas ecclesias pro prcsenti et in 
futurum siistentabuntur de promptioribus fructibus eai'iindam secundum ordinem 
desuper sumptum seu sumendum. In cujus rei testimonium huie prcsenti carte 
nostre confirmationis magnum sigillum nostrum apponi precepimus. Testibus, 
predilectis nostris consanguinois et consiliariis Esmo Lennocie duce comite de 
Dernlie domino Tarboltoun Dalkeith et Aubigny, &c., magno regni nostri 
camerario, Colino Argadie comite domino Campbell et Lome, &c., cancellario 
ac justiciario nostro generali ; reverendissimo ac venerabili in Christo patribus 
Patricio Sanctiandreo archiepiscopo, Roberto commendatario monasterii nostri 
de Dunfermling, nostro secretario ; dilectis nostris familiaribus et consiliariis 
Alexandro Hny, nostrorum rotulorum registri ac consilii clerico, Lodovico 
Bellenden de Auchnoule milite, nostre justiciarie clerico, Roberto Scott, nostro 
cancellarie directore, et magistro Thoma Buquhannane de Ybert, nostri secreti 
sigilli custode. Apud Castrum nostrum de Striviling, decimo quarto die mensis 
Aprilis, anno Domini millcsimo (juingentesimo octuagesimo secundo, regnique 
nostri anno decimo quinto. 

serving in the said churches, shall be sustained out of the readiest fruits of the same 
according to the orders made or to be rnade thereupon. In witness whereof we have 
caused our groat seal to be affixed to this our present charter of confirmation. Wit- 
nesses, our well beloved cousins and councillors, Esme duke of Lennox earl of Darnley 
lord Tarbolton Dalkeith and Aubigny, etc. great chamberlain of our kingdom, Colin 
earl of Argyll lord Campbell and Lome etc., our chancellor and justice general ; the 
most reverend and venerable fathers in Christ, Patrick archbishop of St Andrews, 
Robert commendator of our monastery of Dunfermline, our secretary ; our beloved 
servants and councillors, Alexander Hay, clerk of our rolls register and council, Louis 
Bellenden of Auchnoule knight, our justice clerk, Robert Scott, director of our 
chancery, and Master Thomas Buchanan of Ybert, keeper of our privy seal. At our 
castle of Stirling, the fourteenth day of the month of April, in the year of our Lord 
one thousand five hundred and eighty-two, and in the fifteenth year of our reign. 



384 APPENDICES. 



XVI. 

Contract between the Provost, Bailies, Council, and Deacons of the Burgh of 
Edinburgh, and Mr Robert Pont, Provost of Trinity College, in regard 
to the renunciation of the Provostry. Edinburgh, 26th April 1585. 

At Edinburgh the xxvj day of Aprile, the yeir of God, j"" v' four scoir fyve 
yeirs, it is appointit aggreit and fiualie contractit betuix the honorable parteis 
following, to witt, the Provest, Bailleis, Counsale, and Deaconis of the Burgh 
of Edinburgh for thame and thair successouris on the ane parte, and Maister 
Robert Pont, provest of the Trinitie College beside Edinburgh, on that vther 
pairt, in maner eftir specifiit : That is to say, the said Maister Robert, movit be 
gude zeale, conscience, and eirnest affectioun to advance the Hospitallis and 
Colleges of the said Burgh, foundit or to be foundit be the said is Provest, 
Balleis, and Counsale, and thair successouris within the samin for help and 
sustentatioun of the puir, seik, ageit, decrippit, faderles and orphenis, and for 
instructioun of the youth in letteres and virtew, quhairby cheritie may ineresce 
to the glorie of God and his trew relligioun within this realme : Thairfore the 
said Maister Robert sail personalie be himselfF or be his patent letteres of pro- 
curatioun seillit and subscriuit with his hand in dew forme, puirlie and simple 
dimitt, renunce, and resigne, lyke as the said Maister Robert be the tennour 
of this present contract, puirlie and simple dimittis, renunces, and resignis in 
the handis of our Souerane Lord all and haill the said benefice of the Trinitie 
College beside Edinburgh, with all and sindrie kirkis, teyndschaves, vtheris 
teyndis, gleibis, manssis, biggingis, orcheardis, yairdis, annuelrentis, advoca- 
tioun, donatioun, and richt of patronage of prebendaries, chaiplainreis and 
donatioun of beidmenschippis, bedlyaris and vtheris offices pertening to the 
said Provestrie and Hospitall of the Trinitie College foundit beside the samin, 
togidder with the paroche kirk, personage, and vicarege of Sowtra and Lempet- 
law and vtheris kirkis and teyndis annext to the said provestrie ; and with the 
place, orcheard, and yaird callit Dingwall Castell, pertening to the samin, and 



CONTRACT AS TO PONT's RENUNCIATION. 385 



all and sindrie vtheris fructis, emolumentis, richtis, casualiteis, proffittis and 
dewiteis quhatsuraeuir pertening and belanging to the said provestrie, quhaireuir 
the samin lyis within this realme, in favoui-is of the saidis Provest, Bailleia, 
Counsale, and Communitie of the said Burgh of Edinburgh, and thair succes- 
aouris to remane with thame perpetualie in all tyme cuming, in puir and 
perpetuall almous, to be applyit and disponit be thame to the raantonance, 
help, and support of thair saidis hospitallis, college, and scuillis, the puir and 
scoUeris of the samin, as thai sail think expedient, and as thai will ansuer to 
God at the lattir day ; and all richt and titill of richt quhilk the said Maister 
Robert had, lies, or ony wyis may elame and half to the said benefice and 
pertinents thairof forsaidis in tyme cuming, renunceand and dischargeand the 
samin for him and his successouris in fauouris and to the effect foirsaid for 
euir ; And sail deliuer to the saidis Provest, Bailleis, and Counsale, the founda- 
tioun, erectioun, eharteris, sesingis, giftis and vtheris evidentis and writtis 
quhatsumeuir quhilk he has presentlie in his handis or salhappin heireftir to 
obtene, with the rentallis, decreittis, and letteres concerning the said provestrie, 
college, and hospitall, and sail mak or renew the said dimissioun and resigna- 
tioun at quhat tyme or howoft he salbe requirit thairto. And the said Maister 
Robert is content and consentis that the saidis Provest, Bailleis, and Counsale 
sail enter presentlie to the possessioun of the said college, hospitall, place, castell, 
houssis, biggings, yairdis, and pertinentis of the samin ; with power to thame 
to mak and constitute bailleis, chalmerlains, factouris, maisteris of the hospitall, 
clerkis, seriandis, beddellis, and vtheris ofiicieris neidfull, and to bald courte and 
Courtis vpoun quhat place and als oft as thai sail think expedient ; and to in- 
tromett and vptak the teyndis, fructis, males, fermes, annualrents, and vtheris 
emolumentis and dewiteis pertening to the said provestrie and hospital presentlie 
and in all tyme cuming, begynnand the first intromissioun at the said xxvj day 
of Apprill instant ; and to do all vther thingis concerning the premissis, siclyke 
and als frelie as the said Maister Robert micht haue done bofoir the making of 
this present contract. For the quhilkis caussis, and for divers vtheris gude 
deidis, gratitudis and plesouris, done and schawin be the said Maister Robert 
for the Weill of the said Burgh, and to the effect he sail nocht be preiugeit nor 
hurt in the yeirlie dewitie that he ressauit of the said benefice, or at the least 
neir the valour thairof, the saidis Provest, Bailleis, and Counsale hes instantlie 



386 APPENDICES. 



pajdt and deliuerit to the said Maister Robert the sowme of thre hundreth 
merkis vsuale money of this realme in contentatioun for all gressumes, entres 
syluer, and vtheris casualiteis quhilkis he mycht haif ressauit of the said 
benefice during his liftyme ; of the quhilkis he haldis him weill content and 
payit and discharges thame thairof be thir presentis. And forder bindis and 
oblissis thame and thair successouris to content and thankfullie pay to the said 
Maister Robert yeirlie during all the dayis of his liftyme the soume of ane 
hundreth threscoir pundis money foirsaid at tua termes in the ycir, Witsounday 
and Martyraes in winter be equalc portiones, begynnand the first termes pay- 
ment at the feist of Martymes nixttocum. And for the mair suir and thank- 
full payment of the said yeirlie dewitie to the said Maister Robert, the saidis 
Provest, Bailleis, and Counsale, for thame and their successouris, bindis and 
oblissis thame within the space of ane moneth eftir the dimissioun of the said 
benefice, to infeft the said Maister Robert or ony vther he pleissis in his name, 
in ane annuelrent of ane hundreth threscoir pundis money foirsaid yeirlie, to be 
vpliftit during his liftyme at the termes foirsaidis, furth of thair commoun 
mylnis pertening to thair said toun of Edinburgh, sufl[icientlie be charter and 
sesing or at the leist be ane suflSeient sesing to be given thairupoun ; and to cans 
James Ros thair thesaurar present be actit in the commissaris buikis of Edin- 
burgh for yeirlie payment of the said annuell sa lang as he bruikis the said 
oflSce, and lykewyis thair thesauraris to cum within ane moneth eftir thair 
entre to the same actit as said is, to pay the said annuell during the tyme of 
thair oflSces bering respectiue and that during the said Maister Robertis liftyme. 
And the said Maister Robert binds and oblissis him to warrand and mak the 
yeirlie rent of the said benefice frelie to be worth yeirlie the said soume of ane 
hundreth threscoir pundis ; and incais the samin benefice salbe of les availl 
heirefter be ony occasioun of his fact and deed or his predecessouris, in that 
cais the said Maister Robert bindis and oblissis him to defalk samelyke yeirlie 
of the soume aboue specifiit quhilk the saidis Provest, Balleis, and Counsale ar 
oblist to pay to him as said is, according as thai sal happin to want of the 
rentall and yeirlie dewitie of the said benefice through occassioun of the said 
Maister Robert or his predecessouris as is aboue specifiit ; and siclyke to 
warrand the said dimissioun and resignatioun to be gude and sufl[ieient in the 
selflf to the efiBct foirsaid fra all richt and fact done be him in preiudiee thairof. 



CONTRACT AS TO PONT's RENUNCIATION. 387 

And for the mail- securitie, bayth the saidis pairteis ar content that tliir 
presentis be actit and registrat in the buikis of counsell, or commissaris, or 
townis buikis of Edinburgh, and thair autoritie to be interponit thairto with 
executorialis to be direct thairupoun in forme as efferis, and for the registering 
heirof makis and constitutis thair lauchfull proeuratouris in coni- 

■muni forma 'promittcndo de rato etc. In witnes heirof bayth the saidis parties 
hes subscriuit thir presentis with thair handis, day, yeir, and place foirsaidis, 
befoir thir witnesses, Alexander Borthuik of Nether lany. Patrick Logy. 

M. Robert Pont, prouest off the Trinitie College. 
Alexander Borthuik of Nethir lany. 



388 APPENDICES. 



XVII. 

Charter by King James VI. to the Provost, Bailies, and Council of the Burgh 
of Edinburgh, of the Provostry of Trinity College. Dunfermline, 
23d June 1585. 

Jacobus Dei gratia Rex Scotorum : Omnibus probis hominibus totius terre sue 
clerieis et laicis salutem : Sciatis quod nos et domini nostri secreti consilii 
divinum animi zelum Prepositi Balliuorum et Consulum Burgi nostre de 
Edinburgh pro propagatione et decoratione suorum hospitalium collegiorum et 
ludorum literariorum infra dictum Burgum fundatorum considerantes, et hoc 
pro sustentatione pauperum et instructione juventutis in virtute humanisque 
literis, animoque voluentes nostro quam sit necessarium vti ipsis cum quodam 
patrimonio annuoque censu supportemus. Igitur nos cum auisamento predicto 
dedimus concessimus et in perpetuum mortificauimus disposuimus et confir- 
mauimus tenoreque presentis carte nostre damus concedimus ac in perpetuum 
mortificamus disponimus et confirmamus dictis predilectis nostris Preposito 
Balliuis et Consulibus Burgi nostri de Edinburgh nunc presentibus et eorum 
successoribus totum et integrum benelicium prepositure Ecclesie Collegiate 

James, by the grace of God King of Scots : To all good men of his whole land clerics 
and laics, greeting : Know ye that we and the lords of our Privy Council considering 
the holy zeal of the Provost Bailies and Councillors of our Burgh of Edinburgh for 
the extension and decoration of their hospitals colleges and grammar schools founded 
within the said Burgh, and that for the sustentation of the poor and instruction of 
youth in virtue and polite literature, and also pondering in our mind how necessary 
it is that we should support them with a certain patrimony and yearly income. There- 
fore we, with advice foresaid, have given, granted, and for ever mortified, disponed 
and confirmed, and by the tenor of our present charter, give, grant, and for ever 
mortify, dispone and confirm, to our said lovites the present Provost Bailies and 
Councillors of our Burgh of Edinburgh, and their successors, All and Whole the 



ANOTHER CHARTEK BY KING JAMES VI. 389 

Trinitatis prope Edinburgh cum omnibus et singulis ecclesiis decimis garbalibus 
alijs decimis globis mausis edificiis pomariis hortis annuis redditibus aduoca- 
tionibus donationibus et jure patronatus prebendariorum et capellaniarum et 
donatione oratorum pauperum vocatorum vulgo beidmen et bedlyaris alior- 
umque ofRciorum dicte prepositure et Hospitalis CoUegii Trinitatis, prope 
eundem fundatorum spectantibus vnacum ecclesiis parochialibus de Sowtray et 
Lempetlaw aliisque ecclesiis ac decimis dicte prepositure annexatis cum loco 
pomario et horto vocato Dingwall Castell eidem spectantibus omnibusque aliis 
et singulis fructibus emolumentis juribus et casualitatibus proficuis devoriis 
tenentibus tenandriis et justis pertinentiis dicte prepositure spectantibus vbi- 
cumque infra regnum nostrum jacent ; per dictos Prepositura Balliuos et Con- 
sules eorumque successores pro sustentatione seniorum decrepitorum orphanorum 
et pauperum infra dicta hospitalia ac pauperum scolasticorum infra dictum 
collegium et scolas omni tempore futuro intromittendis colligendis vtendis et 
disponendis, prout Deo Omnipotenti in extremo judicio respondere voluerint ; 
Quodquidem benetlcium prepositure Collegii Trinitatis cum omnibus et singulis 
pertinentiis eiusdem suprascriptis dilecto nostro oratori Magistro Roberto Pont 

benefice of the provostry of the Collegiate Church of the Trinity near Edinburgh, 
with all and singular the churches, toind sheaves, and other teinds, glebes, manses, 
buildings, orchards, yards, annualrents, advocations, donations, and right of patronage 
of prebends and chaplainries, and presentation of poor orators, in Scots called beid 
men and bedlyaris, and other officers of the said provostry and hospital of Trinity 
College founded near the same ; together with the parish churches of Soltray and 
Lempitlaw, and other churches and teinds annexed to the said provostry, with the 
place, orchard, and yard called Dingwall Castle belonging to the same, and all other 
and singular fruits, emoluments, rights, casualties, profits, duties, tenants, tenandries, 
and just pertinents belonging to the said provostry, wheresoever they lie within our 
kingdom ; To be intromitted, ingathered, used, and disposed of by the said Provost 
Bailies and Councillors and their successors, for the sustentation of the aged, decrepit, 
orphans, and poor within the said hospitals, and of poor scholars within the said 
college and schools in all time coming, as they shall answer to God in the last judg- 
ment. Which benefice of the provostry of Trinity College, with all and sundry 
pertinents of the same above written, formerly belonged to our beloved orator Mr 
Robert Pont, the last provost and possessor thereof, and has been demitted and 
VOL. II. 3 D 



390 APPENDICES. 



vltimo preposito et possessori eiusdem perprius pertinuit, et per ipsum eiusque 
procuratores et patentes literas in manibus nostris ad effectum prescriptum per 
fustim et baculum apud Dunfermeling vicesimo tertio die mensis Junii instantis 
dimissum et resignatum fuerat ; ac totumjus et jurisclameum proprictatem et 
possessionem que et quas in eodem habuit habet seu quouismodo habere potuit 
omnino quiete clamauit in perpetuum. Tenendum et HABENDUM totum et 
integrum dictum beneficium prepositure Ecclesie Collegiate Trinitatis cum 
omnibus et singulis ecclesiis decimis garbalibus alijsque decimis glebis mansis 
pomariis hortis annuis redditibus aduocationibus donationibus et jure patron- 
atus prebendariorum capellaniarum et pauperum oratorum cum ecclesiis paro- 
chialibus rectoriis et vicariis de Soutra et Lempetlaw aliisque suprascriptis, 
dictis Preposito Balliuis et Consulibus eorumque successoribus ad effectum 
prescriptum in puram et perpetuam elemosinam de nobis et successoribus 
nostris in perpetuum per omnes rectas nietas suas antiquas et diuisas prout 
jacent in longitudine et latitudine, in domibus edificiis boscis planis moris 
maresiis viis semitis aquis stagnis riuolis pratis pascuis et pasturis molendinis 
multuris et eorum sequelis aucupationibus venationibus piscationibus petariis 
turbariis carbonibus carbonariis cuniculis cuniculariis columbis columbariis 
fabrilibus brasinis brueriis et genistis siluis nemoribus et virgultis lignis tignis 

resigned by him and his procurators and letters patent in our hands to the eiFect 
foresaid, by staff and baton, at Dunfermline, on the twenty-third day of the current 
month of June, and he has for ever entirely upgiven all right and claim of right 
property and possession in the same which he has, had, or could have in any manner 
of way. To have and to hold all and whole the said benefice of the provostry of 
the Collegiate Church of the Trinity, with all and sundry churches, teind sheaves 
and other teinds, glebes, manses, orchards, yards, annual rents, advocations, pre- 
sentations and right of patronage of prebends chaplainries and poor beadsmen, with 
the parish churches parsonage and vicarage of Soltray and Lempetlaw and others 
above written, to the said Provost Bailies and Councillors and their successors, to 
the effect foresaid, in pure and perpetual alms, of us and our successors for ever, 
by all their just ancient bounds and marches as they lie in length and breadth, 
in houses, buildings, woods, plains, moors, marshes, ways, paths, waters, ponds, streams, 
meadows, pastures, mills, multures and their sequels, hawkings, huntings, fishings, 
peats, turfs, coals, coal pits, rabbits, rabbit-warrens, doves, dovecots, forges, malt- 



ANOTHER CHARTER BY KING JAMES VI. 391 

lapicidiis lapide et calce, cum curiis querelis et earum exitibus herezeldis blude- 
witis adiudicamentis dictarumque curiarum escheatis, cum communi pastura 
libero introitu et exitu, ac cum omnibus aliis et singulis libertatibus commodi- 
tatibus proficuis et asiamentis ac justis suis pertinentiis quibuscunque, tam non 
nominatis quam nominatis tam subtus terra quam supra terram, procul et prope 
ad predietum beneficium prepositure antedicte cum omnibus et singulis eiusdem 
pertinentiis spectantibus seu juste spectare valentibus quomodolibet, in futurum 
adeo libere quiete plenarie integre honorifice bene et in pace, in omnibus et 
per omnia, sicuti dictus magister Robertus aut alii sui predecessores dicto bene- 
ficio gauisi sunt, absque reuocatione contradictione aut obstaculo quocunque. 
Faciendo inde annuatim dicti Prepositus Balliui Consules et Communitas dicti 
Burgi pauperesque dicti hospitalis scolasticique dicti collegii et scolarum eorum- 
que successores deuotas et humiles quotidianas preces Dei Omnipotenti pro 
preseruatione nostri successorumque nostrorum ac sustentando ministros curam 
dictarum ecclesiarum seruientes dicte prepositure spectantium eorumque succes- 
sores, vel soluendo tertiam partem fructuum dicte prepositure pro eorum sus- 
tentatione ad eorum optionem et electionem tantum : Insuper cum potestate 

kilns, breweries, heaths, woods, groves, thickets, firewood, timber, stone quarries, stone 
and lime, with courts suits and their issues, herezelds, bludewites, adjudgments and 
escheats of the said courts, with common pasturage, free ish and entry, and with 
all other and singular liberties, commodities, profits and easements and their just 
pertinents whatsoever, as well named as not named, as well above the earth as 
below the earth, far and near, belonging or that could justly belong in any manner 
of way, to the foresaid benefice of the foresaid provostry, with all and singular the 
pertinents of the same for ever, as freely quietly fully wholly honourably well and 
in peace, in all and by all, as the said Master Robert or others his predecessors 
enjoyed the said benefice, without revocation contradiction or obstacle whatsoever. 
Rendering therefore yearly, the said Provost Bailies Councillors and Community 
of the said Burgh, and the poor of the said hospital, and scholars of the said college 
and schools, and their successors, devout and humble daily prayers to God Almighty 
for the preservation of us and our successors, and sustaining the ministers serving 
the cure of the said churches belonging to the said provostry, and their successors, 
or paying the third part of the fruits of the said provostry for their sustenation, 
at their option and choice allenarly. Moreover, with power to our lovites Master 



392 APPENDICES. 



dilectis nostris Magistro Joanni Craig verbi Dei ministris eorumque 

alicui conjunctim et diuisim quatenus institutionem et possessionem dicte bene- 
ficii dictis Preposito Balliuis efc Consulibus dicti nostri Burgi de Edinburgh 
vel eorum certo actornato latori presentium secundum tenorem presentis carte 
nostra tradatis et deliberetis seu aliquis vestrum tradat et deliberet sine 
dilatione et hoc nullo modo omittatis. In cuius rei testimonium huic presenti 
carte nostre magnum sigillum nostrum apponi precepimus. Testibus, pre- 
dilecto nostro consanguineo et consiliario Jacobo Arranie comite domino Evane 
et Hamiltoun etc. cancellario nostro ; reuerendissimo ac venerabili in Christo 
patribus, Patricio Sanctiandree archiepiscopo, Waltero commendatario prioratus 
de Blantyre nostri secret! sigilli custode ; dilectis nostris familiaribus et con- 
siliariis domino Joanne Maitland de Thirlstane milite nostro secretario, Alex- 
andro Hay de Eister Kennat nostrorum rotulorum registri ac consilii clerico, 
Lodouico Bellenden de Auchnoule milite nostre justiciarie clei'ico, et Roberto 
Scott nostre cancellarie directore; Apud Dunfermeling vicesimo tertio die 
mensis Junij anno Domini millesimo quingentesimo octuagesimo quinto et regni 
nostri decimo octauo. 

John Craig ministers of God's word, and to any one of them conjunctly 

and severally, that ye give and deliver, or that any one of you give and deliver, 
institution and possession of the said benefice to the said Provost Bailies and 
Councillors of our said Burgh of Edinburgh, or to their certain attorney, bearer of 
these presents, according to the tenor of our present charter, without delay, and 
this in noways ye leave undone. In witness whereof we have commanded our 
great seal to be affixed to this our present charter. Witnesses our well beloved 
cousin and councillor James earl of Arran lord Evane and Hamilton etc., our 
chancellor ; the most reverend and venerable fathers in Christ, Patrick archbishop 
of St Andrews, Walter commendator of the priory of Blantyre, keeper of our privy 
seal; our beloved servants and councillors. Sir John Maitland of Thirlstane knight, 
our secretary, Alexander Hay of Easter Kennet, clerk of our rolls register and 
council, Louis Bellenden of Auchnoule knight, our justice-clerk, and Robert Scott 
director of our chancery; At Dunfermline, the twenty-third day of the month of 
June in the year of our Lord one thousand five hundred and eighty-five, and the 
eighteenth of our reign. 



CONFIRMING CHARTER BY KING JAMES VI. 393 



XVIII. 

Charter by King James VI., confirming his previous Charter of 23d June 
1585, and of new granting Trinity College and the whole endowments 
and property thereof, to the Provost, Bailies, Council, and Community 
of the Burgh of Edinburgh. Holyrood, 26th May 1587. 

Jacobus Dei gratia Rex Scotorum : Omnibus probis hominibus totius terre sue 
clericis et laicis, salutem : SciATis nos cum auisamento et consensu dominorum 
nostri secreti consilii quandam donationem dispositionem et mortificationem 
per nos factam per nostram cartam nostro sub magno sigillo de data apud 
Dunfermeling vicesimo tertio die mensis Junij Anno Domini millesimo quin- 
gentesimo octuagesimo quinto dilectis nostris Preposito Balliuis Consulibus et 
Communitati Burgi nostri de Edinburgh et eorum successoribus de toto et 
integro beneficio prepositure Ecclesie Collegiate Trinitatis prope Edinburgh 
cum omnibus et singulis ecclesiis decimis garbalibus aliis decimis glebis mansis 
edificiis pomariis hortis annuls redditibus advocationibus donationibus et jure 
patronatus prebendariorum et capellaniarum dicti Collegij, ac cum donatione 
oratorum pauperum vulgo vocatorum beidmen et bedlyaris aliorumque ofEci- 

Jamks, by the grace of God King of Scots : To all good men of his whole land, 
clerics and laics, greeting : Know ye that we, with the advice and consent of 
the lords of our Privy Council, have fully understood a certain gift, disposition, 
and mortification made by us by our charter, under our great seal, dated at Dun- 
fermline on the twenty-third day of the month of June, in the year of our Lord 
one thousand five hundred and eighty-five, to our lovites the Provost, Bailies, Coun- 
cillors, and Community of our Burgh of Edinburgh, and their successors, of All 
and Whole the benefice of the provostry of the Collegiate Church of the Trinity, 
near Edinburgh, with all and sundry churches, teind sheaves, and other teinds, glebes, 
manses, buildings, orchards, yards, annual rents, advocations, donations, and right 
of patronage of the prebends, and chaplainries of the said College, and with the 
presentation of poor orators, in Scots called beidmen and bedlyaris, and other officers 



394 APPENDICES. 



orum dicte prepositure et hospitalis Collegii Trinitatis prope eundem fundatorum 
spectantibus, vnacum ecclesiis parochialibus de Sowtray et Lempitlaw aliisque 
ecclesiis et decimis dicte prepositure annexatis, cum loco pomario et horto vocato 
Dingwall Castell eidem spectantibus, omnibusque aliis et singulis fructibus 
emolumentis juribus casualitatibus proficuis devoriis tenentibus tenandriis et 
justis pertinentiis dicte prepositure spectantibus, vbicunque infra regum 
nostrum jacent, de mandato nostro visam lectam inspectam et diligenter ex- 
aminatam, sanam integram non rasam non cancellatam nee in aliqua sui parte 
suspectam ad plenum intellexisse sub hac forma : — 

JACOBUS Dei gratia Rex Scotorum : Omnibus probis hominibus totius 
terre sue clericis et laicis, salutem [etc. as before, No. XVII., page 388] : 

QuAMQUlDEM donationem dispositionera et mortificationem in omnibus suis 
punctis et articulis conditionibus et modis ac circumstantiis suis quibuscunque, 
in omnibus et per omnia forma pariter et effectu vt premissum est, approbamus 
ratificamus ac pro nobis et successoribus nostris pro perpetuo confirmamus : 
Insuper nos pro bono fideli et gratuito seruitio nobis et nostris predecessoribus 
bone memorie per dictos Prepositum Balliuos Consules et Communitatem dicti 
nostri Burgi eorumque predecessores omnibus temporibus retroactis prestito et 

of the said provostry and Hospital of Trinity College, founded near the same, together 
with the parish churches of Soltray and Lempitlaw, and other churches and teinds 
annexed to the said provostry, with the place, orchard, and yard called Dingwall Castle, 
belonging to the same, and all other and singular fruits, emoluments, rights, casualties, 
profits, duties, tenants, tenandries, and just pertinents belonging to the said provostry 
wheresoever they lie within our realm, — by our command read, inspected, and dili- 
gently examined, whole, entire, not erased, not cancelled nor suspected in any part, 
in this form : — 

James, by the grace of God King of Scots : To all good men of his whole land, 
clerics and laics, greeting [etc. as be/ore, No. XVIII., page 388]. 

Which gift, disposition, and mortification in all its points, articles, conditions, 
and modes and circumstances whatsoever, and in all and by all, in the like form 
and effect as aforesaid, we approve, ratify, and for us and our successors for ever 
confirm. MOREOVER we, for the good, faithful, and free service rendered and per- 
formed to us and our predecessors of happy memory by the said Provost, Bailies, 
Councillors, and Community of our said Burgh, and their predecessors, in all time 



CONFIRMING CHARTER BY KING JAMES VI. 395 

irapenso ; Ac considerantes bonum et diuinum animi zelum quem erga susten- 
tationem ministrorum evangelii inde residentium habent et gerunt et [qui] 
postea Deo volente infra dictum nostrum Burgum remanebunt, ac etiam vt 
studia humanarum literarum infra idem florere et increscere possunt et quod 
per hospitalium sustentationem indigentes morboque laborantes confortari 
possunt ; super quibus diuinis respectibus et causis et alijs ad publicam honest- 
atem decorationemque dicti nostri Burgi tendentibus pro reipublice eiusdem 
propagatione burgum principale regni nostri existentis, vbi nos nostrique tres 
status regni sepissime residentiam habemus, dicti Prepositus Balliui Consules 
et Communitas magnas pecuniarum summas hactenus contulerunt, et absque 
nostro rationabili juvamine et supportatione suas diuinas animi intentiones per- 
ficere et complere non sunt habiles nee personas officia ministrorum collegii 
et ludorum literariorum gerentes cum pauperibus imbecillibus impotentibusque 
sustentare possimt ; Ideo nos nobiscum plene resoluti maturaque deliberatione 
et auisamento prehabita omnes fructus proficua et emolumenta dicti collegii 
Collegii Trinitatis nuncupati permutare tam ad prepositum quam ad preben- 
darios capellanos et alia eiusdem membra spectantia et pertinentia, seruitia pro 

bygone ; and considering the good and godly zeal which they have and bear towards 
the sustaining of the ministers of the gospel now residing, and who by the will of 
God shall afterwards reside, in our said Burgh, as also that the studies of polite 
letters may flourish and increase within the same, and that by the upholding of 
hospitals the poor and those labouring under disease may be comforted ; Upon which 
godly accounts and causes, and others tending to the public credit and decoration 
of our said Burgh, and for the advancement of the commonweal of the same, being 
the principal burgh of our kingdom, where we and the three estates of our realm 
very often reside, the said Provost, Bailies, Councillors, and Community have hereto- 
fore contributed great sums of money, and without our reasonable help and support 
they are not able to perfect and complete their pious intentions, nor can they sustain 
the persons filling the offices of the ministry, college, and grammar schools, with the 
poor, imbecile, and impotent. Therefore we, after mature deliberation and advice, 
being fully resolved with ourselves to alter the destination of the whole fruits, profits, 
and emoluments of the said College called Trinity College, as well those belonging 
and pertaining to the provost as to the prebendaries, chaplains and other members 
thereof the services for which these were formerly founded being now nowise necessary, 



396 APPENDICES. 



quibus hujusmodi fundate fuere prius nunc minime necessaria exisfcentia et 
casdem in usum ministrorum professoruni literarum et pauperum sustentationem 
transferre cum auisamento et consensu antedicto de nouo dedimus concessimus 
et mortificauimus tenoreque presentis carte nostre damus concedimus et inorti- 
ficamus prefatis Preposito Balliuis Consulibus et Communitati Burgi nostri de 
Edinburgh antedicti eorumque successoribus in perpetuum ad vsus subscriptos 
tantummodo, totam et integram predictam preposituram Trinitatis CoUegii cum 
omnibus et singulis ecclesiis decimis garbalibus ac aliis decimis glebis mansis 
edificiis poraariis hortis annuis redditibus aduocationibus donationibus ac jure 
patronatus prcbendariorum et capellaniarura dicti Collegii cum donatione 
oratorum pauperum vulgo beidmen et bedlyaris nuncupatorum, aliorumque 
officiorum dicte prepositure et Hospitalis dicti Collegii prope eandem fun- 
datorum spectantibus, unacum ecclesiis parochialibus de Sowtraw et Lempitlaw 
aliisque ecclesiis et decimis dicte pi-epositure annexatis cum loco pomario et 
horto vocato Dingwall eisdem spectantibus omnibusque aliis et singulis f ructibus 
emolumentis juribus casualitatibus proficuis deuoriis tenentibus tenandriis et 
JHstis pertinentiis dicte prepositure spectantibus vbicumque infra regnum 
nostrum ad burgum seu terras jacent. Ac cum omnibus et singulis ecclesiis 

and to transfer the same to the use of the ministers, the teaching of literature, and 
the sustaining of the poor, with advice and consent foresaid, of new have given> 
granted, and mortified, and by the tenor of our present charter, give, grant, and 
mortify to the said Provost, Bailies, Councillors, and Community of our said Burgh 
of Edinburgh and their successors for ever, for the uses underwritten only, All and 
Whole the foresaid provostry of Trinity College, with all and sundry churches, teind 
sheaves, and other teinds, glebes, manses, buildings, orchards, yards, annualrents, 
advocations, donations, and right of patronage of prebends, and chaplainries of the 
said College, with the presentation of poor orators in Scots called beidmen and bedlyaris, 
and other officers of the said provostry and Hospital of the said College, founded near 
the same, together with the parish churches of Soltray and Lempitlaw, and other 
churches and teinds annexed to the said provostry, with the place, orchard, and yard 
called Dingwall, belonging to the same, and all other and singular fruits, emoluments, 
rights, casualties, profits, duties, tenants, tenandries, and just pertinents belonging to 
the said provostry, wheresoever they lie within our realm, to burgh or to land, and 
with all and sundry churches, teinds, fruits, duties, emoluments, annualrents, and 



CONFIRMING CHARTER BY KING JAMES VI. 397 

decimis fructibus deuoriis emolumentis annuls redditibus et proficuis quibus- 
cunque ad omnia et singula prebendaria et capellania dicti Collegii aut ad 
singulos predietos prebendaries in communitate, seu alicui vni eorum in pro- 
prietate spectantibus, aut per ipsoa ipsorumve aliquem possessis antea, cum 
omnibus redditibus proficuis emolumentis terris et tenementis ad prefatum 
Collegium prepositura prebendarios et membra eiusdem vel ad sustentationem 
ecclesie domorum edificiorumque dicti Collegii fundatis et mortificatis, cum 
potestate dictis Preposito Balliuis et Communitati ac Consulibus eorumque 
successoribus leuandi recipiendi et intromittendi per seipsos eorum factores et 
procuratores eorum nomine omnes et singulos fructus proficuos et emolumenta 
predicta ac hujusmodi ad ministrorum sustentationem Collegii ludorum litera- 
rum et pauperum secundum eorum bonam discretionem super quam eorum 
conscientiam oneramus applicandi ; Necnon volumus et concedimus tenoreque 
presentis carte nostre decernimus et ordinamus quod prefati Prepositus Balliui 
Consules et Communitas eorumque successores ad aliquem prebendarium seu 
capellanum ad prebendaria seu capellania dicti collegij nunc vacantia seu que 
postea quando vacare contigerit aut contigerint aliquodve particulare titulum 
ipsis hujusmodi concedendum, minime astricti aut obligati erunt, quibusvis 

profits whatsoever belonging to all and sundry the prebends and chaplainries of 
the said College, or to each of the said prebendaries in common, or to any one of 
them in particular, or formerly possessed by them or any one of them, with all 
the rents, profits, emoluments, lands, and tenements founded and mortified to the 
foresaid College, provost, prebendaries, and members of the same, or to the upholding 
of the church, houses, and buildings of the said College. With power to the said 
Provost, Bailies, and Community, and Councillors, and their successors, to uplift, 
receive, and intromit with, by themselves or their factors and procurators in their 
name, all and sundry the foresaid fruits, profits, and emoluments, and to apply the 
same to the sustaining of the Ministers, College, Grammar Schools, and Poor, at their 
own good discretion, whereanent we burden their consciences. As also we will and 
grant, and by the tenor of our present charter decern and ordain, that the said Provost, 
Bailies, Councillors, and Community, and their successors, shall nowise be bound or 
obliged, any clauses contained in the said foundation notwithstanding, to present 
any prebendary or chaplain to the prebends or chaplainries now vacant, or that may 
hereafter become vacant, nor to grant to them any special title to the same ; which 
VOL. II. 3 E 



398 APPENDICES. 



clausulis in dicta fundatione contentis non obstantibus, quas tenore presentis 
carte nostre desoluimus et abrogamus vt hec presens nostra mortificatio validum 
effectum capiat, et quod predicta proficua simul inuicem collecta et congregata 
in vno rentale ad vsus prescriptas disponantur ; preterea nos cum auisamento 
predicto volumua et concedimus quod prefati Prepositi Balliui Consules et Com- 
munitas dicti nostri Burgi eorumque successores plenum jus propiietatis habent 
et omni tempore futuro habebunt in et ad omnes et singulas terras tenemen- 
taque ad predietum collegium prepositum prebendarios hospitalarios et membra 
eiusdem annexata seu spectantia, et similiter ad superioritatem omnium terrarum 
de ipsis eorumve aliquo tentarum, feodatarios et alios tenentes earundem in- 
trandi, firmas et deuorias per ipsos debitas leuandi, pro reductione reeognitione 
et nonintroitu citandi, simili modo sicuti aliqui alij superiores per leges nostri 
regni feeerunt seu facere possunt, et sicuti dicti prepositus prebendarii et 
hospitalares ratione eorum fundationis vel alias ullo tempore preterito feeerunt 
seu facere potuerunt, Et quia domus dicti hospitalis Trinitatis Collegii nun- 
cupati nunc ruinosa extat et absque magnis expensis minime reparari potest, 
et eiusdem reparatio nunc minime est necesse quia dicti Prepositus Balliui Con- 
sules et Comunitas hospitale magis idoneum in vna parte dicte Ecclesie Col- 
clauses we by the tenor of these presents annul and abrogate that this our present 
mortification may receive valid effect, and that the foresaid profits may be all collected 
and gathered together in one rental and disponed to the foresaid uses. Besides we, 
with advice foresaid, will and grant that the foresaid Provost, BaUies, Councillors, and 
Community of our said Burgh, and their successors, have and shall have the full 
right of property, for all time coming, in and to all and sundry lands and tenements 
annexed or belonging to the foresaid CoUege, provost, prebendaries, hospitallers, and 
members of the same, and likewise to the superiority of all the lands holden of them or 
any of them, of entering feuars and others tenants of the same, of uplifting the rents 
and duties due by them, and of summoning for reduction, recognition, and non-entry 
in the same manner as any other superiors by the laws of our kingdom have done or 
may do, and as the said provost, prebendaries, and hospitallers did or might have done 
by reason of their foundation or otherwise any time bygone. And because the house 
of the said Hospital called Trinity College is now ruinous and cannot be repaired in 
anywise without great expenses, and the repairing thereof is now in no wise necessary, 
because the said Provost, Bailies, Councillors, and Community have built and repaired 



CONFIRMING CHARTER BY KINO JAMES VI. 399 

legiate situatum magis aptum et conueniens quain dictum vetus hospitals fuit 
construxerunt et reparauerunt, ac illud cum sufEcienti furnitura et necessariis 
pro asiamento pauperum et morbis laborantium in eadem recipiendorum, nos 
pro nobis et sucessoribus nostris volumus et concedimus quod licebit prefatis 
Preposito Balliuis Consulibus et Communitati eoruraque successoribus tot 
pauperes infra Hospitale per ipsos nuper reparatim sustentare, ut per eos 
super redditibus dicti hospitalis Trinitatis Collegii conuenienter sustentari 
possunt, pro quibus tenore presentis carte nostre obligati et astricti erunt; 
necnon dictum uetus ruinosum Hospitale quocunque profitabili vsui ipsis magis 
videbitur expediens applicare; Tenendam et Habendam totam et integram 
predictam preposituram Trinitatis Collegii cum omnibus et singulis ecclesiis 
decimis garbalibus et aliis decimis glebis mansis edificiis pomariis hortis annuis 
redditibus aduocationibus donationibus et jure patronatus prebendariorum et 
capellaniarum dicti Collegii cum donatione oratorum pauperum vulgo beidmen 
et bedlyaris nuncupatorum aliorumque officiorum dicte prepositure et Hospitali 
dicti Collegii prope eandem fundatorum spectantibus vnacum dictis ecclesiis 
parochialibus de Sowtray et Lempitlaw aliisque ecclesiis et decimis dicte pre- 



a more suitable Hospital, situated in a part of the said Collegiate Church, more fit and 
convenient than the said old Hospital was, and have provided the same with sufficient 
furniture and necessaries for the relief of the poor and those labouring under disease 
to be received into the same, we, for us and our successors, will and grant that it shall 
be lawful to the said Provost, Bailies, Councillors, and Community, and their successors 
to sustain as many poor within the Hospital lately repaired by them as may be con- 
veniently maintained upon the rents of the said Hospital of Trinity College, for which, 
by the tenor of this our present charter, they shall be obliged and astricted ; as also 
to apply the said old ruinous Hospital to whatever profitable use shall seem to them 
most expedient. To hold and have all and whole the foresaid provostry of Trinity 
College, with all and sundry churches, teind sheaves, and other teinds, glebes, manses, 
buildings, orchards, yards, annualrents, advocations, donations, and right of patronage 
of prebendaries, and chaplains of the said College, with the presentation of poor orators 
in Scots called beidmen and bedlyaris, and other officers of the said provostry and 
Hospital of the said College, founded near the same, together with the said parish 
churches of Soltray and Lempitlaw, and other churches and teinds annexed to the 



400 APPENDICES 



positurc annexatis cum prenominato loco poraario et horto vocato Dingwall 
Castell eidcm spectantibus, omnibusque aliis et singulis fructibus emolumcntis 
juribus proficuis deuoriis tenentibus tenandriis ac justis pertinentiis dicte pre- 
positure spectantibus vbicunque infra dictum regnum nostrum ad burgum seu 
terras jacent, ac cum omnibus et singulis dictis deuoriis decimis fructibus 
ecclesiis emolumentis annuls redditibus et proficuis quibuscunque ad omnia et 
singula dicta prebendaria et capellania dicti CoUegii aut ad singulos predictos 
prebendarios in communitate seu alicui eorum vni in proprietate spectantibus, 
aut per eos ipsorumque aliquera antea possessis, cum omnibus redditibus pro- 
ficuis emolumentis terris et tenementis ad predictum Collegium prepositum 
prebendarios et membra eiusdem vel ad sustentationem ecclesie domorum 
edificiorumque dicti Collegii fundatis et mortificatis, prefatis Preposito Balliuis 
Consulibus et Communitati dicti nostri Burgi de Edinburgh eorumque succes- 
soribus, ad vsus et eO'ectum suprascriptos solummodo, de nobis et nostris 
successoribus in pura et perpetua elemosina in perpetuum per omnes rectas 
metas suas antiquas et diuisas prout jacent in longitudine et latitudine in 
domibus edificiis boscis planis moris maresiis viis semitis aquis stagnis riuolis 
pratis pascuis et pasturis molendinis multuris et eorum sequelis aucupationibus 

said provostry, with the forenamed place, orchard, and yard called Dingwall Castle, 
belonging to the same, and all other and sundry fruits, emoluments, rights, profits, 
duties, tenants, tenantries, and just pertinents belonging to the said provostry, whereso- 
ever situated within our kingdom, to burgh or to land ; and with all and sundry the 
said duties, teinds, fruits, churches, emoluments, annualrents, and profits whatsoever 
belonging to all and sundry the said prebends and chaplainries of the said College, 
or to each of the foresaid prebendaries in common, or to any one of them in particular, 
or previously possessed by them or any of them ; with all the rents, profits, emoluments, 
lands, and tenements founded and mortified to the said College, provost, prebendaries, 
and members of the same, or to the maintenance of the church houses and buildings 
of the said College to the foresaid Provost, Bailies, Councillors, and Community of our 
said Burgh of Edinburgh, and their successors, to the uses and effect above written 
only, of us and our successors in pure and perpetual alms for ever, by all their just 
and ancient marches and divisions as they lie in length and breadth, in houses, build- 
ings, woods, plains, moors, marshes, ways, paths, waters, ponds, streams, meadows, 
pastures and feeding grounds, mills, multures, and their sequels, hawkings, huntings, 



CONFIRMING CHARTER BY KING JAMES VI. 401 

venationibus piscationibus petariis turbariis carbonibus carbonariis cuniculis 
cuniculariis columbis columbariis fabrilibus brasinis brueriis et genestis siluis 
nemoribus et virgultis lignis tignis lapicidiis lapide et calce cum curiis et earum 
exitibus herezeldis bludewitis et mulierum marchetis cum communi pastura 
liberoque introitu et exitu ac cum omnibus aliis et singulis libertatibus com- 
moditatibus proficuis et asiamentis ac justis suis pertinentiis quibuscunque, tam 
non nominatis quam nominatis tam subtus terra quam supra terraui procul et 
prope ad predictam preposituram cum vniuersis et singulis ecclesiis decimis et 
deuoriis antedictis cum suis pertinentiis partieulariter prescriptis spectantibus 
seu juste spectare valentibus quomodolibet, in futurum libere quiete plenarie 
integre honorifice bene et in pace absque ulla reuocatione contradictione impedi- 
mento aut obstaculo quocunque ; Faciendo inde annuatim dicte Prepositus 
Balliui et Communi tas dicti nostri Burgi pauperesque dicti hospitalis scolas- 
ticique dicti collegii et scolarum eorumque successores deuotas et humiles 
quotidianas preces Deo Oranipotenti pro preseruatione nostri successorumque 
nostrorum ac sustentatione ministrorum curam dictarum ecclesiarum seruien- 
tium dicte prepositure spectantium eorumque successores, vel soluendo tertiam 
partem fructuum dicti prepositure pro eorum sustentatione ad eorum optionem 

fishings, peat and turf, coals, coal pits, rabbits, rabbit-warrens, doves, dovecots, forges, 
malt kilns, breweries, heaths, woods, groves and thickets, firewood, timber, stone 
quarries, stone and lime, with courts and their issues, herezelds, bludewites, marchets 
of women, with common pasturage, and free ish and entry, and with all other and 
singular liberties, commodities, profits, and easements, and their just pertinents whatso- 
ever, as well not named as named, as well below the earth as above, far and near, 
belonging or that could justly belong in any manner of way to the foresaid provostry, 
with all and sundry churches, teinds, and duties aforesaid, with their pertinents 
particularly before written, freely, quietly, fully, wholly, honourabi)', well and in peace 
in all time coming, without any revocation, contradiction, impediment, or obstacle 
whatsoever. Giving therefor annually the said Provost, Bailies, and Community of 
our said Burgh, and the poor of the said Hospital, and scholars of the said College 
and Schools, and their successors, devout and humble daily prayers to Almighty God 
for the preservation of us and our successors, and the sustaining of the ministers 
ser\'ing the cure of the said churches belonging to the said provostry, and their 
successors, or paying the third part of the fruits of the said provostry for their 



402 APPENDICES. 



et electionem ; Ac preterea quod prefafci Prepositus Balliui Consules et Com- 
raunitas eorumque successores omnes fructus annuos redditus et proficua pre- 
scripta ad vsus predictos impensare efc conferre astricti et obligati erunt; et 
quod nobis et successoribus nostris pro hujusmodi computabiles existent quan- 
docunque requisiti fuerint; reseruando nihilominus totis prebendariis dicti 
Collegii adhuc viuentibus tantas deuorias annuatim ut vnusquisque eorum 
recipere consueuit, de quibus deuoriis prefati Prepositus et Balliui illis res- 
ponderi facientur durante eorum vita tantum. In cuius rei testimonium huic 
presenti carte nostre confirmationis magnum sigillum nostrum apponi pre- 
cepimus : Testibus, predilectis nostris consanguineis et consiliarijs Joanne 
domino Hamiltoun etc. comendatario monasterii nostri de Abirbrothok, Archi- 
baldo Angusie comite, domino Dowglas Dalkeyth et Abirnethie, reuerendissimo 
ac venerabili in Christo patribus Patricio Sancti Andree archiepiscopo, Waltero 
priore de Blantyre nostri secreti sigilli custode ; dilectis nostris familiaribus et 
consiliariis domino Joanne Maitland de Thirlstane milite nostro secretario, 
Alexandro Hay de Eister Kennat nostrorum rotulorum registri ac consilii 
clerico, Lodouico Bellenden de Auchnoule milite nostre justiciare clerico, et 
magistro Roberto Scott nostre cancellarie directore : Apud Halierudehous 

sustenance, at their option and choice. And, moreover, that the foresaid Provost, 
Bailies, Councillors, and Community, and their successors shall be bound and obliged 
to lay out and expend all the foresaid fruits, annualrents, and profits to the foresaid 
uses ; and that they shall be accountable to us and our successors for the same when- 
ever they shall be required ; Reserving nevertheless to all the prebendaries of the 
said College at present living so much of the said duties yearly as each of them was 
in use to receive, for which duties the said Provost and Bailies shall be made answerable 
to them during their lifetime only : In witness whereof we have commanded our great 
seal to be affixed to this our present charter of confirmation : Witnesses, our well 
beloved cousins and councillors, John lord Hamilton, etc. commendator of our monastery 
of Arbroath, Archibald earl of Angus lord Douglas Dalkeith and Abernethy ; the most 
reverend and venerable fathers in Christ, Patrick archbishop of St Andrews, Walter 
prior of Blantyre, keeper of our privy seal ; our beloved servants and councillors. Sir 
John Maitland of Thirlstane knight, our secretary, Alexander Hay of Easter Kennet, 
clerk of our rolls register and council, Louis Bellenden of Auchnoule knight, our justice 
clerk, and Master Robert Scott, director of our chancery : At Holyroodhouse, the 



CONFIRMING CHARTER BY KING JAMES VI. 403 

_^ s 

vicesimo sexto die mensis Maij anno Domini millesimo quingentesimo octua- 
gesimo septimo et regni nostri vicesimo. 

twenty-sixth day of the month of May, in the year of our Lord one thousand five 
hundred and eighty-seven, and the twentieth of our reign. 



404 APPENDICES. 



XIX. 

Charter by King James VI., confirming his Charter of 23d June 1585, and 
of new granting to the Provost, Bailies, Council, and Community of the 
Burgh of Edinburgh, the whole revenues of Trinity College. Holyrood, 
29th July 1587. 

Jacobus Dei gratia Rex Scotorum : Omnibus probis hominibus totius terre 
sue clericis et laicis, salutem : Sciatis quia nos post nostram perfectam et 
legitimam etatem viginti vnis annorum completam in parliamento nostro de- 
claratam, et generalem reuocationem nostram in hujusmodi faetam, nunc moti 
ardenti zelo et diuina intensione Prepositi Balliuorum Consulum et Coramuni- 
tatis Burgi nostri de Edinburgh in suorum ministrorum euangelii prouisione 
infra dictam nostram Burgum seruientium qui nulla certa aut constituta 
stipendia ex nostris tertijs beneficiorum habent ; et quod ipsi magnas pecuni- 
arum summas pro edificatione vnius hospitalis vbi Collegium Reginale vulgo 
the Quenis College perprius stetit pro pauperam et miserabilium personarum 
sustentatione contulerunt, et quod preterea Collegium infra dictum nostrum 
Burgum nuper erexerunt in quo bone litere scientieque professe sunt pro regni 
commoditate et ad publicam honestatem et decorationem dicti nostri Burgi pro 

James, by the grace of God King of Scots : To all good men of his whole land, clerics 
and laics, greeting : Know ye that we, after our perfect and lawful age of twenty-one 
years complete declared in our parliament, and our general revocation made in the 
same, now moved by the ardent zeal and godly purpose of the Provost, Bailies, Coun- 
cillors and Community of our Burgh of Edinburgh in providing for their Ministers of 
the gospel serving within our said Burgh who have no certain or ascertained stipends 
out of our thirds of benefices ; and that they have contributed large sums of money 
for the building of an Hospital where the Queen's College formerly stood, for the 
sustentation of poor and miserable persons ; and that besides they have lately erected 
a College within our said Burgh, in which polite letters and sciences are taught, for 
the benefit of the kingdom, and for the public credit and decoration of our said burgh. 



CHARTER OF KING JAMES VI. CONFIRMING PREVIOUS ONE. 405 

re[i]publice eiusdem propagatione burgum principale huius nostri regni ex- 
istentis vbi nos nostrique tres status regni sepissime residentiam habemus ; Qui- 
quidem ministri hospitale et collegium antedicta absque nostro rationabili 
juvamine et supportatione minime bene svistentari possunt iion obstantibus 
magnis expensis tarn de communi bono dicti nostri Burgi quam de particulari 
contributione ex his qui ad juvanem et supplementum dicti diuini operis se 
prebuerunt per predictos Prepositum Balliuos Consules et Communitatem 
hactenus desuper confecti. Et considerantes nos nostramque quondam charis- 
simam matrem diuersas terras redditus decimas et annuos redditus ad sustenta- 
tionem dicti ministerii hospitalis et collegii dotasse concessisse et mortificasso 
quas volumus cum prefatis Preposito Balliuis Consulibus Communitati et eorum 
successoribus in perpetuum remanere, Et intelligentes easdem minime sub 
annexatione terrarum ecclesiasticarum nostre corone comprehendi, et quod e 
nostra general! reuocatione nuper facta excepte sunt ; ideo ratificauimus appro- 
bauimus ac pro nobis et successoribus nostris pro perpetuo confirmauimus 
tenoreque presentis carte nostre ratificamus approbamus ac pro nobis et suc- 
cessoribus nostris pro perpetuo confirmamus donationem infeofamentum et 
raortificationem per nostrum quondam charissimam matrem in sua per facta 

for the advancement of the commonweal of the same, being the principal burgh of 
this our kingdom, where we and the three estates of the realm very often reside ; 
which Ministers, Hospital, and College foresaid could not be well sustained without 
our reasonable help and support, notwithstanding the great expenses, as well from the 
common good of our said Burgh, as from the particular contributions of those who have 
devoted themselves to the support and aid of the said pious work thus far executed 
thereanent by the said Provost, Bailies, Councillors, and Community. And considering 
that we and our late dearest mother have given granted and mortified divers lands, 
rents, teinds, and annualrents for the sustentation of the said Ministry, Hospital and 
College, which we wish to remain with the said Provost, Bailies, Councillors, Com- 
munity, and their successors for ever. And understanding the same not to be compre- 
hended in the annexation of the church lands to our Crown, and that they are excepted 
from our general revocation lately made. Therefore, we have ratified, approved, and 
for us and our successors, confirmed for ever, and by the tenor of our present charter, 
ratify, approve, and for us and our successors confirm for ever the gift, infeftment, and 
mortification made, given, and granted by our late dearest mother in her perfect age 
VOL. II. 3 F 



406 APPENDICES. 



etate factam datam et concessam predictis Preposito Balliuis Consulibus et 
Communitati dicti nostri Burgi et eorura successoribus pro miiiistrorum et 
pauperum infra idem supportatione ct juvamine, de omnibus et singulis terris 
tenementis annuis redditibus alijsque proficuis et emolumentis quibuscunque 
jacentibus infra dictum nostrum Burgum et libertatem eiusdem que quouismodo 
perprius pertinuerunt ad quascunque capellanias collegia prebendaria fratres 
cuiuscunque ordinis aliasque personas beneficiatas, prout dicta donatio et morti- 
ficatio de data decimo tertio die mensis Martij anno Domini millesimo quingen- 
tesimo sexagesimo tertio i sub magno sigillo dicte nostre quondam charissime 
matris latuis proportat. Necnon aliam donationem et dispositionem prefatis 
Preposito Balliuis Consulibus et Communitati dicti nostri Burgi et eorum 
successoribus per nos nostro sub magno sigillo factam datam et concessam de 
Ecclesia Collegiata Trinitatis vulgo the Trinitie College nuncupata cum eisdem 
cimiterio mansionibus domibus ct liortis, cum hospitale Hospitalis CoUegii 
Trinitatis nuncupato et horto eiusdem, sic ut dicti Prepositus Balliui et Con- 
sules vnum hospitale desuper construere et erigere possunt pro sustentatione 
pauperum honestorum seniorum et indigentium personarum infra dictum 

to the foresaid Provost, Bailies, Councillors, and Community of our said Burgh and 
their successors, for the support and help of the Ministers and Poor within the same, 
of all and sundry lands, tenements, annualrents, and other profits and emoluments 
whatsoever lying within our said Burgh and the liberty of the same, which formerly 
belonged in any manner of way to any chaplainries, colleges, prebends, friars of whatso- 
ever orders, and other beneficed persons, as the said gift and mortification, of date the 
thirteenth day of the month of March in the year of our Lord one thousand five 
hundred and sixty-three,^ under the great seal of our said late dearest mother more 
fully sets forth. As also another gift and disposition given and granted by us under 
our great seal, to the said Provost, Bailies, Councillors, and Community of our said 
Burgh and their successors, of the Collegiate Church of the Trinity commonly called 
the Trinity College, with the cemetery, mansions, houses, and yards of the same, with 
the Hospital called the Hospital of Trinity College and yard of the same, so that the 
said Provost, Bailies, and Councillors may construct and erect an Hospital thereupon 
for the sustentation of honest, poor, aged, and indigent persons within the said Burgh, 

1 Should be 1566. 



CHARTER OF KING JAMES VI. CONFIRMING PREVIOUS ONE. 407 

Burgum, prout dicta donatio et dispositio de data duodecimo die mensis 
Novembris anno Domini millesimo quingentesimo sexagesimo septimo similiter 
latius continet ; Et etiam aliam donationem mortiiicationem et annexationem 
prepositure dicti Collegii Trinitatis cum omnibus terris redditibus proficuis et 
emolumentis, ac cum aduocatione et donatione oi'atorum pauperum vulgo lie 
beidraen et bedlaris dicti hospitalis, et omnibus aliis juribus et preuilegiis dicte 
prepositure speetantibus prout in dicta mortificatioue de data vicesimo tertio 
die mensis Junii anno Domini millesimo quingentesimo octuagesimo quinto 
latius continetur : VNACUM nostra confirmatione et nova donatione dicte pre- 
positure cum singulis terris proficuis et emolumentis eidem ac prebendariis et 
capellanis eiusdem collegii in proprietate sou communitate speetantibus, prout 
dicta donatio et noua dispositio de data vicesimo sexto die mensis Maii anno 
Domini millesimo quingentesimo octuagesimo septimo latius proportat. Nec 
NoN annexationem archidiaconatus Laudonie cum terris redditibus decimisque 
garbalibus eidem speetantibus ad prefatum collegium infra dictum nostrum 
Burgum pro juventutis instructione nuper erectum annexatis et mortificatis 
prout hujusmodi de data quarto die mensis Aprilis anno Domino millesimo 

as in the said gift and disposition, of date the twelfth day of the month of November 
in the year of our Lord one thousand five hundred and sixty-seven, is likewise more 
fully contained. As also another gift, mortification, and annexation of the provostry 
of the said College of Trinity, with all lands, rents, profits, and emoluments, and with 
the advocation and presentation of poor orators, in Scots called beidmen and bedlaris 
of the said Hospital, and all other rights and privileges belonging to the said provostry, 
as in the said mortification, of date the twenty-third day of the month of June in the 
year of our Lord one thousand five hundred and eighty-five, is more fully contained. 
Together with our confirmation and gift of new of the said provostry, with singular 
lands, profits, and emoluments belonging to the same, and to the prebendaries and 
chaplains of the same college, in particular or in common, as the said gift and dis- 
position of new, of date the twenty-sixth day of the month of May in the year of our 
Lord one thousand five hundred and eighty-seven, more fully sets forth. As also the 
annexation of the archdeaconry of Lothian, with the lands, rents, and teind sheaves 
belonging to the same, annexed and mortified to the foresaid College lately erected 
within our said Burgh for the instruction of youth, as the same, of date the fourth 
day of the month of April in the year of our Lord one thousand five hundred and 



408 APPENDICES. 



quingentesiino octuagesimo quarto proportat ; Vnacum decreto dominorum 
nostri consilii et sessionis jjer quod decernitur et declaratur quod dicti 
Prepositus Balliui Consules et Communitas jus ad decimas fructus emolu- 
menta rectorie ecclesie de Dunbarny habent pro rationibus et causis in dicto 
decreto contentis, de data deeimo nono die mensis Martii auno Domini 
millesimo quingentesimo octuagesimo tertio, in omnibus et singulis punctis 
capitibus et clausulis ac circumstantiis in eisdem particulariter et respective 
contentis. Insuper nos de nouo dedimus disposuimus et mortificauimus 
tenoreque presentis carte nostre damus concedimus disponimus et mortificamus 
prefatis Preposito Balliuis Consulibus et Communitati dicti nostri Burgi de 
Edinburgh eorumque successoribus pro ministrorum et pauperum sustentatione 
ac pro intertenemento dicti coUegii per ipsos nuper erecti, omnes et singulas 
terras redditus decimas aliaque proficua et emolumenta de particularibus in 
dictis superioribus donatiouibus et mortiticatiouibus contenta ac in prefato 
decreto per dictos dominos consilii promulgato de data antedicta cum ipsis pro 
usibus in liujusmodi specificatis et contentis et non aliter, juxta formam et 
teuorem earundem in perpetuum remansura. Prouiso quod dicti Prepositus 
Balliui Consules et Communitas et eorum successores tenebuntur sustentare 

eighty-four sets forth. Together with the decree of the Lords of our Council and 
Session, by which it is decerned and declared that the said Provost, Bailies, CouncLllors, 
and Community have right to the teinds, fruits, and emoluments of the parsonage of 
the church of Dunbarny for the reasons and causes contained in the said decree, of date 
the nineteenth day of the month of March in the year of our Lord one thousand five 
hundred and eighty-three, in all and singular the jioints, chapters, and clauses, and 
circumstances in the same particularly and respectively contained. Moreover, we of 
new have given, disponed and mortified, and by the tenor of this our present charter, 
give, grant, dispone, and mortify to the said Provost, Bailies, Councillors, and Com- 
munity of our said Burgh of Edinburgh and their successors, for the support of the 
Ministers and Poor, and for the upholding of the said College by them lately erected, 
all and sundry lands, rents, teinds, and other profits and emoluments, particularly 
contained in the said former gifts and mortifications, and in the foresaid decree pro- 
nounced by the said Lords of Council of the date aforesaid, to remain with them for 
ever for the uses therein specified and contained, and not otherwise, according to the 
form and tenor of the same. Pro\'iding that the said Provost, Badies, Councillors, 



CHARTER OF KING JAMES VI. CONFIRMING PREVIOUS ONE. 409 

ministros apud suas ecclesias pro presenti ibidem seruientes, et similes qualifi- 
catas personas [qui] in liujusmodi curas in posterum ordinati erunt deseruire, 
secundum tenorem donationum et mortificatiouura dietis Preposito Balliuis 
Consulibus et Communitati eorumque successoribus perprius ad hunc effectum 
factarum vt premissum est. In cuius rei testimonium huic presenti carte 
nostre magnum sigillum nostrum apponi pi-ecepimus, Testibus etc. apud Haly- 
rudehous vicesimo none die mensis Julii anno Domini millesimo quingentesimo 
octuagesimo septimo, et regni nostri vicesimo primo. 

and Community, and their successors, shall be held bound to support the ministers in 
their churches serving there at present, and similar qualified persons who shall be 
ordained to serve in the same cures for ever, according to the tenor of the donations 
and mortifications to the said Provost, Bailies, Councillors, and Community, and their 
successors, formerly made to this eflfect as is premised. In witness whereof we have 
commanded our great seal to be affixed to this our present charter. Witnesses etc. 
At Holyroodhouse, the twenty-ninth day of the month of July, in the year of our 
Lord one thousand five hundred and eighty-seven, and the twenty-first of our reign. 



410 



APPENDICES. 



XX. 



EXCERPTS from Volume of Accounts of Trinity Hospital, 1716-52. 

Thomas Gairdner, Merchant in Edinburgh, his Account as Treasurer to 
Trinity Hospital from 1st November 1734 to 1st November 
1739, viz.:— 

Pursuant to Act of Council, dated 11th August 1734, part of the estate of Dean was 
purchased from the Commissioners of Dean at a pubhc roup, for the behoof of 
Trinity Hospital, for the sum of X44,108, 8s. lOd. Scots, or £3675, 14s. 0|d. 
sterlg., the Hospital to have right to crop 1734, and the price to bear interest 
from Whit. 1734. Being purchased at 22 years of the following rental, viz. : — 

Barley. 



James Brown, for the enclosure 
called the Broadlach, 

Richard and John Cleghorns, 
for Maidencraig, Black- 
craig, Longrig, and some 
acres to the north of 
Nisbet Parks, 



B. F. P. L. 



Wheat. 
B. F. P. L. 



71 1 2 U 



51 2 1 3 25 3 3i 



123 



Oh 



Charles Sawers, for Hungrierigg, 

Do., for carriage of 3 carts of coals yearly : — 

B. F. P. L. 
123 Oi Barley, at £6, 5s. per boll, is 
25 3 U Wheat, at £7, 10s. per boll, is 

Amount of the yearly rent, 

Which at 22 years' purchase amounts to ... . 

By the articles of roup the following sums were to be allowed out of 
the price, viz. : — 

To James Brown, Tenent, 24 bolls barlie in 3 years, 

which at £6, 5s. per boll is . . . £150 

But in regard he was to get this allowance only in 
3 years, viz., 8 bolls p. ann., and that the whole is 
allowed to the Hospital at once, there is to be 
deduced from said £150 of progressive @ rent, . 19 8 



Money. 
£ a. d. 



380 19 2 



100 

561 9 

768 16 
193 10 8 

£2004 14 10 sterlg. 
' " T £3675 14 



Of 



£130 12 



165 



Remains, 
As also for the teinds of 2 rigs and 5 butts of land, 
payable to Revelstoun, at £7, 10s. Scots, which at 
22 years' purchase amounts to . 



Remains of nett price payle. by the Hospital, 



£295 12 





is 24 


12 


8 








Hospital, 


£3651 


1 


4| 



EXCERPTS FROM TRINITY HOSPITAL ACCOUNTS. 



411 



Which sum has been paid to tlie following Creditors on the Estate, purst. to three several Warrants of 
the Commissrs., and the grounds of their respive. debts assigned by sd. Creditors to the Hospital. 
As the Hospital has right to crop 1734, the interest of these debts incurred from and after Whit. 
1734 is chargeable on the Hospital : — 



Time when 
Paid. 


No. 


Creditors' Names. 


Assigtiers. 


Principal 
Sums Paid. 


Annual 
Eeuts Paid. 














£ s. 


D. 


£ s. 


D. 


£ s. n. 


£ S. D. 




f 1 


To Captain Lewis Lerinont 


Dr John Lermont 


105 





5 5 











2 


To Mr Thomas Moubray 


Himself 


55 11 


U 


2 15 


6j 








3 


To Wm. Robertson 


Himself 


105 





5 5 











4 


To Capt. James Douglas 


Himself 


200 





10 











5 


To the Assignees of Dirleton 


Alex. Innes 


150 





7 10 











6 


To the Baxters of Edinr. 


Their Box Mr. 


138 17 


9J 


6 18 


103 








7 


To Janet Oswald 


James Stuart 


80 





4 











8 


To Mary Bell 


John Young 


111 2 


2S 


5 11 


H 








9 


To Sr. James Nicolson 


Mr George Buchan 


122 14 


7i 


6 2 


H 








10 


To James Crokat 


Geo. Arbuthnott 


111 2 


2j 


5 11 


n 






1735, 






( Mrs Jeau, Agnes, "j 
\ & George Lock- - 
[ hart J 














Whitsunday 


11 


To John Chancellor 


55 11 


H 


2 15 


6§ 


























12 


To John Carli-sle 


Himself 


100 





5 











13 


To Wm. Richardson 


Himself 


111 2 


2j 


5 11 


u 

6| 








14 


To James Crokat 


Himself 


65 11 


n 


2 15 








15 


To Alex. Douglas 


Himself 


111 2 


n 


5 11 


u 
ll 








16 


To James Thorntouu 


Himself 


111 2 


25 


5 11 








17 


1 To Mr Wm. Brown of Lind- \ 
\ saylands / 


Himself 


111 2 


2s 


5 11 


H 








18 


To Thom.as Hamilton, Esq. 


Himself 


138 17 


9^ 


6 18 


m 








.19 


To Sr. Wm. Stuart 


Hugh Sommervail 


55 11 


H 


2 15 


6| 


2029 7 li; 


101 9 4§ 




'20 


To Margaret Gallaway 


Robt. Pratt 


166 13 


4 


10 8 


4 




21 


To Helen Paterson 


Herself 


100 





6 5 











22 


To Elizabeth Muir 


Wm. Veitch 


111 2 


n 


6 18 


10| 
5| 








23 


To Mr John Crichtoun 


Mr Alex. Monro 


55 11 


H 


3 9 








24 


To Mr Wm. Grant 


Himself 


83 6 


8 


5 i 


2 








25 


To Janet Thomson 


Herself 


55 11 


u 


3 9 


H 






Lammas 


!26 
127 


To Hannah Pearson 
To Mary Pershaw 


Herself 
Her.self 


150 
55 11 




n 


9 7 
3 9 


6 
5^ 








28 


To James Maul, Esq. 


Wm. Maul 


150 





9 7 


6 








29 


To James Scott 


Himself 


38 6 


8 


2 7 


in 








30 


To James Watson, Esq. 


Himself 


100 





6 5 











31 


To John Murray 


Mary Murray 


175 





10 18 


9 








32 


To Janet Foulis 


Herself 


55 11 


1} 


3 9 










.33 


To Thomas Pringle 


Janet Pringle 


55 11 


n 


3 9 






















1352 4 5.1 


84 10 3S 


Martinmas, 
















17-36, 


34 


To Mrs Jean Baird 


Capt. Robt. Baillie 










160 2 li 


12 IJ 


March 27 


35 


To Captn. James Muirhead 


Alex. Muirhead 


55 U 


n 


5 s' 


n 






Do. 


36 


To Christian & Agnes Brouns 


Themselves 


53 15 


9| 


5 


44 


109 6 11 ' 


"io "4 b'i 






3651 1 4f 


208 3 lOJ 



412 APPENDICES. 



By sundry incidents disbursed on account of the purchase and first year's crop of 

these lands, viz., crop 1734 : — 

£ s. d. £ s. d. 

To Mr Archd. Murray, advocat, of consultation about the 

security of the purchase, and to his servant, . . 2 9 6 

To his servant for the search into the registers, . . 2 19 6 

To Mr Archd. Stewart p. rect. for cess before the hospital 
lands were disjoined in the cess books from Shore of 
Dean, . . . . . . . 5 U IJ 

To Ditto for drawing the hospital's discharge to the 
commissrs. of Dean, for his clerk's dues and for 
stampt paper, etc., p. order of the council, p. rect., . 6 9 6 

Charges and incidents at many meetings of the governours 
with the commissrs. of Dean and others anent the 
purchase, . . . . • . 2 15 2 J 

— — 20 7 10 

By the charge of inclosing 52 acres of the hospital's purchase at Dean, divided into 
three parts, built round with stone walls harled and copped with stone and 
lime, as also the highway towards the Q'ferry Road, built with a wall of stone 
and Ume. The charge of wmning stones, cartage, building, lime, sand, gates, 
doors, batts, lands, ifec, being included, viz. : — 

£ s. d. £ s. d. 
To John Fergusson, mason, undertaker p. acct., . . 404 7 8 

Deduce overcharged in the article of coping, . .97 



395 



To his acct. of incident charges not provided for by the 

contract with him by the council, . . . 3 15 6 

To the charge of blowing all the great stones in the said 
52 acres, and carrying them off the ground, and for 
powder, &c., for gathering and cartage of the small 
stones, ifcc, p. acct., . . . • . 37 8 4| 

By sundry accts. of smith work, viz. : — 
To John Craig, for work at the quarry, p. acct. dis- 

I 1736 Dec. 15. 
charged, j I737 pg^. 23- 

To Alex. Cleghorn for batts and bands, p. do. July 1 9, 
To John Craig for do. and quarry, p. do. Dec. 5, . 

To Colin Alison, wright, for gates, doors, p. accts., . 8 18^ 

To the charges of casting a ditch for carrying off the 
waters from damaging the dykes to John Douglas and 
others, p. acct., . . . • . 2 14 



2 


15 7 


2 


16 5 


3 


7 lU 


9 


18 lOi 



41 3 lOJ 



18 18 10 



10 15 8^ 



Carry forward, 465 18 5 



EXCERPTS FROM TRINITY HOSPITAL ACCOUNTS. 413 



£ s. d. 
Brought forward, 465 18 5 
Tho the accomptant was authorised by the council to uplift 
£544, 13s. st. contd. in Sr. James Johnston's hereble bond to 
the hospital to replace the above charge which, as it was well 
secured, and the interest duly paid, he judged it more for 
the interest of the hospital to uplift only the sum due by 
Mr John and Mr Charles Cockburn, their bond being £200 stg., 
and the meantime to advance the rest himself, . . . 200 



Balance due to him on acct. of the inclosing, . 265 18 5 

An abstract of the foregoing accts. shewing the amount of the payments made by 
Thomas Gardner, treasr. to Trinity Hospital, to the several creditors on the estate 
of Dean, in full of the price payable by the hospital, with the interest paid to sd. 
creditors incurred after Whit. 1734. As also his other payments of incidents in relation 
to the purchase, &c., and charge of inclosing 52 acres of the hospital's ground. Shew- 
ing also the several prinl. sums due to the hospital uplifted by order of the council 
towards paying the price of the purchase, <&c., charge of inclosing, with the rent of sd. 
lands, crop 1734, also applied for .said purpose, all stated in acct. apart, examined by 
a committee and approved of by the council the 10th May 1738. 

Dr. Or. 

£ s. d. £ s. d. 
Thomas Gardner, treasurer to Trinity Hospital : — 
To the following principal sums uplifted at Whitday. 
1735, viz. — 
Thos. Dundas of Lethems, bond for . £166 13 4 
One of the city of Edinburgh's bonds 

for .... . 1950 

2116 13 4 

By 19 prinl. sums paid to creditors on the estate of Dean 

at Whity. 1 735, as p. preceding page, . . 2029 7 11^ 

To the following prinl. sums uplifted at Lamm. 1735, viz. — 
Russel & Nasmith's bond for . .£55 11 IJ 

Sr. James Cuninghame's bond assigned 

to . . . . . 300 

3 bonds of the city of Edinr. for . . 511 2 2| 

Part of B. John Hay's bond for £200, . 166 13 i" 



1033 6 8 



By 14 prinl. sums paid to creditors on Dean (as p. 

particulars on preceding page) at Lam. 1735, . 1352 4 5^ 

To the following prinl. sums uplifted at Marts. 1735, 

viz. — 



Carry forward, 3150 3381 12 4| 
VOL. n. 3 G 



414 APPENDICES. 



John Erskine of Balgownie's bond 

assigned to . . . . £200 

Messrs Chapman & Cumming's bond 

for . . . . 60 



£ s. d. £ s. d. 
Brought forward, 3150 3381 12 4J 



260 





100 2 1> 




109 6 11 


200 




33 6 8 





By one prinl. sum pd. at Marts. 1735 to a creditor on 

Dean, as p. preceding page, 
By 2 prinl. sums pd. 27 March 1736 to creditors on do. 

as p. do., ...... 

To John Hogg of Cammos, bond uplifted at Wlutday. 

1736 for 

To the remains of B. John Hay's bond uplifted at Lamm. 

1736 for 200, ..... 
By interest paid to the foresaid creditors on the estate, 

incurred from Whit. 17.34 till they were paid, . 208 3 10^- 

To the rents of the lands purchased, crop 1734, applied 

towards paying said a'rents as p. particulars 

on page, . . . . . . 1 70 1 8f 

By incident disbursemts. on accot. of the purchase and 

crop 1734, as p. particulars on the preceding 

page, . . . . . . . 20 7 10 

By charge of enclosing 52 acres of the foresaid ground 

divided into three parts, as p. do., . . 465 18 5 

To Messrs John and Charles Cockburn's bond uplifted 

at Cand. 1737, towards paying in part the said 

charge of inclosing, .... 200 

Balance due to Thomas Gardner on the foresaid accot., 

which, by the committee's report dated 10th May 

1738, he is allowed to borrow, to bear interest 

at 4i p. cent, from Whitday. 1738, . . 332 3 1^ 



4345 11 6 4345 11 6 



Note. — The foresaid suras exclusive of the balance are carried to Abstract pages 29 and 30. 



EXCERPTS FROM TRINITY HOSPITAL ACCOUNTS. 



415 



Thomas Trotter, Merchant in Edinburgh, — his Accounts as Treasurer to 
Trinity Hospital, from 1st November 1739 to 1st November 1749, 
being for crops 1739, 1740, 1741, 1742, 1743, 1744, 1745, 174G, 1747, 
and 1748. 

Charge from \st November 1743 to 1st November 1744. 



Conversion 
of Victual. 



Money 
Rent. 



Total. 



To amount of tack duties on farm rents crop 

1743, the fiars of barley said crop being 

9s. 4d., of wheat, 10 shill. p. boll, at which 

prices the following quantities of victual 

for this crop, both tack and feu-duties, are 

convented. 
John Pew, maltman in Leith, in right of James 

Henderson, mercht. p. tack, . . .£70 14 5i £4 4niL£74 19 4^ 

Lilias Anderson, or Alex. Sheels, for Nether 

Quarryholes, p. tack, . . . 57 6 11 

Richd. and John Cleghorn, at Dean, p. tack, 

viz. — 
For Maiden Craig, Blackrig, and Longrig, &c., 

after deduction of 2s. 4d. for 15 falls ground, 24 1 81 
I 51 2 1 3 For 23b. 3f. Op. 3|1. wheat for said lands, . 12 18 0| 
For Broad Latch without tack, . . 6 16 6 
14 2 2 



Barley. 
B. p. p. L. 



151 2 3 
122 3 2 Oi 



10 111 57 17 101 



4 4 



£43 16 3 



Charles Sawers, at Bellsmill, for the lands of 
Hungrierig and at Dean, p. tack, 

Willm. Henderson and John Edington, for 
the three new parks on the west of Dean 
p. tack, .... 

Rents of houses and gardens from Mart. 1743 
to Mart. 1744, as p. particulars page 2d, 

40 The heirs of James Henderson, mert., p 
charter for 10 acres ground, to which Wn 
Mitchell, mert. in Leith, had right disponed 
by him to David Ramsay, shipmr. in Leith 
the 6th Decemr. 1742, 



£8 4 


4 


52 


7 


46 15 


9 


46 15 


9 


89 5 





89 5 





10 10 





10 10 






18 13 4 



^80 2 2 21 



Carry forward. 



£18 13 4 £331 8 6= 



416 



APPENDICES. 



Barley. 

B. F. P. L. 

380 2 2 2^ Brought forward, 

113 2 2 Sh The heirs of Thomas Mercer, p. charter, for 40 



£18 13 4 £331 8 



H 



acres J fall, 
494 112 And in money, 



£53 
3 






£56 1 OS 



18 

6 

11 



15 

8 
9 
6 



6f 





n 

8 



The creditors of Jasper Brown, wright, viz., Wm. Mitchell 
and James Milroy, merchts. ; Eliz. Crokat and Thos. 
Young, brewer ; John Watson, solater ; Patrick 
Jameson, mason ; and James Veitch, glazier, for one 
acre, part of Lilias Anderson's tack, per charter, dated 
14th Decemr. 1743, ..... 

James Reid, merchant in Leith, for six acres of said 
ground, being part of sd. tack, . 

John Carnegie, vintner in Edinr., for 2 acres 1 rood 6 falls 
of sd. ground, being part of Do., , 

Feu-duties of houses, park, &c., from Mart. 1743 to Mart 
1744, as p. particulars page 3d, . 

To interest incurred on the following principal sums due 

to the hospital, viz. — 
Of £1725 7 8 J contained in the Marquis of Annandale's 
bond from Cand. 1743 to Lamm. 1744, 
at which term the prinl. sum was dis- 
charged as p. act of council, dated 1 
Aut;t. 1744, . . . .£129 8 Of 

Of 1250 thereof for 20 days from 2nd to 22 
Augt. 1744, for which Ronald Crawford, 
writer, gave security, . . .380 

Of 475 7 8i the remains of sd. principal for 3 
months from Lam. 1744 to Mart. 

1744, 5 18 10 

Interest at 4 p. cent, of £500 of sd. money 
lent to sd. Ronald Crawford from 8 Sepr. 
to Mart. 1744, . . . .£3 10 1 

At 4 p. cent, of £520 of do., lent to the City 
of Edinburgh, from 8th Sept. to 3rd Deer. 
1744, . . . . .503 

At 4 p. cent, of £450 of do., lent to Provost 

Stewart from 8 Septr. to 18 Deer. 1744, .501 



Of £135 18 li Resting of Glenbervie and Scotscraig's 
bond, from 11 April 1743 to Mart. 1744, 

Of 30 due by B. Thomas Heriot, p. bond, from 
11 Septr. 1743 to do., . 



13 10 4 



10 14 llf 



1 15 



Over £165 18 



U 



113 14 21 



Carry forward, 



£164 15 21 £445 2 



9« 



EXCERPTS FROM TRINITY HOSPITAL ACCOUNTS. 



417 



;i64 


15 


21 


£445 


2 


n 


6 


18 


lOf 








27 


4 


n 


198 


18 


83 



Over £165 18 IJ- Brought forward, 

Of 138 17 91 Resting of Hugh Cleghorn's bond, for 

one year to do., . 
Of 544 13 due by Sr. James Johnston's heritable 

bond for said years, 

600 Lent to Mr Jas. Baillie, Writer to the Signet, on 
herble. security, wherein B. Rod. Baillie, his son, is 
personally bound with him, p. act of co., 28th Nov. 
1744, bearing int. from Mart. 1744. 
1800 Lent to Joseph Douglas, of Edrington, purst. to act 
of council, dated 5th Deer. 1744, out of which Mr 
Douglas is to pay £1000 st. to John Mackenzie, 
Writer to the Signet, for which he has an heritable 
bond affecting his lands, and to procure an assigna- 
tion thereof, and of the sasine by Mr Mackenzy in 
favor of the hospital, and thereupon Mr Douglas is 
to grant an heritable bond upon his whole lands for 
said £1800, corroborating the heritable bond, infeft- 
ment, and assignation thereof granted by Mr 
Mackenzy to the hospital. The new herble. bond 
is dated and bears int. from 18th Deer. 1744. 

To interest received on mortified money, &c., lent during this account, 
viz. : — 

Of tVi rl f / ^^ ^ ^ from Wm Douglas, writer. 

( 166 13 4 from Dr James Penman, . £6 3 6 



£175 

Of the donation of £200 from Mr Wightman to 

15th May 1744 at 4 p. cent., . . .£10 

Of £100 thereof from 15th May to 11th Novr. 
1744, at 4 p. cent., the other £100 having 
been applied to pay the like sum borrowed 
of Alex. Johnston, . . . .25 



Of £145 of interest received from the Marq. of Annandale 
from 27th June to the 16th Decemr. 1744, 



3 5 4 
2 15 6 



Received for dead members' effects during the foresaid 5 years, viz.: — 
An old tenant left £5, viz., Janet Johnston, Mrs Peacock, 

£1, Is. 5d., . . . . . .£615 

Mrs Selkirk and Mrs Cuninghame, their effects sold 

together, . . . . . . .993 

Alex. Hutton £3, 7s., Mrs Davidson £5, 10s., . .8170 

Mrs Walker £2, 10s. 6d., Mrs Skirving 16s., . . .366 



12 4 4 



Carry forward, 



£27 14 2 £656 5 10,% 



418 APPENDICES. 



Brought forward, £27 14 2 £656 5 lOi 

Mrs Little £2, Mrs Murray £2, 15s., . 
Mrs Sclioller and Mrs Melvine, 
Adam Rae and Mrs Carmichael, 

40 19 9 
All the rest of the members who have died were buried at their 

friends' expence, some of them having died out of their house. 
To charges decerned against Robert Douglas in Leith, p. decreet 

before the sheriffs, . . . . .£800 800 

To ditto against William Mitchel at Saw Mill, p. do. 



£27 14 


2 


. 4 15 





. 3 2 


4 


. 5 8 


3 



£705 5 7« 



To principal sums uplifted, viz. : — 

1743. April 11. From William Forbes, writer, of dividends payle. out of the estates of Drummuir, 

Glenberrie, and Scotscraig, as p. page 6th, £97, 13s. 2Jd., whereof applicable to the 
principal, charged page 6th, £58, 19s. 6jd. 

1744. Aug. 3. From Ronald Crawford, writer, as doer for the Marquis of Annandale, upon the 

magistrates and Council their signing disposition and conveyance in favours of 

Chariot ta, Marchioness of Annandale, and Simon Mitchell of Gray's Inn, ingrossed 

in the hospital's minutes the 1st instant, . .£1725 7 8J £1725 7 8» 

To donations or mortifications received to be added to the hospital's 

stock, viz. : — 
1744. Oct. 31. From Wm. Douglas, writer in Edinburgh, a donation of £100 Scots, 

for which the accomptant granted bond of this date, obUging him 

and his successors in office to pay to Rod. Douglas, brother-german 

to said William, for his alimentary use allenarly, the interest thereof 

during his life, p. act of council, dated 2d Novr. 1743, which sum 

falls to the hospital after said Rod. Douglas's decease, £8 6 8 

1744. Feb. 2. From Dr James Penman, late surgeon-major Giberalter 

(whose grandfather, B. John Penman, A'- 1677 or 

1680, mortified £83, 6s. 8d. st. to the hospital), a 

donation of £166, 13s. 4d. st. to have a presentation 

at large during his life, his heirs or assignees to have 

the privilege only of two vices, or times of presenting 

at large, but for the 3d vice restricted to present a 

burgess, or the child or widow of a burgess, and from 

presenting till year and day are elapsed from the death 

of the person last presented, as p. acts of council, dated 

2d. Novr. and 21st December 1743, . . .166 13 4 

1744. March 28. From Catharine Campbell, relict of John Wightman 

of Maulslie, late provost of Edinburgh, a donation of 

£200 St., for which she, her heirs and successors, are 

allowed a presentation in terms of the statutes, the 

person to be presented not to be received till six 

Carryforward, £175 £1725 7 8" 



EXCERPTS FKOM TRINITY HOSPITAL ACCOUNTS. 



419 



Brought forward. 



£175 £1725 7 86 



months after payment of said sum, and the lapse of 
year and day thereafter from the death of the person 
last presented, as p. act of council, dated 8th February 
1744, . . . . . . . 200 

To other donations applicable to the hospital's revenue, viz. : — 
From the Incorporation of Goldsmiths for admitting 

James Cockburn, son to James Cookburn, goldsmith, 

a member, p. act of council, dated 23d March 1743, . £10 
From Mary Sinclair, daughter to the deceased Oliver 

Sinclair, merchant, for being admitted a member, as p. 

act of council, dated 18 Janry. 1744, . . . 30 



By act of council of this date John Moodie, mert. in London, son to 
Moodie, wigmaker, burgess of Edr., on his paying to the 

accomptant £100 st., was ordered to be admitted a member. 
By act of this date Susanna Broun, daur. to the deceased James Broun, 

mert., burgess, was ordered to be admitted a member on her paying 

to the accomptant 400 mks. 
Note. — The two last sums were not paid to the accomptant, because 

the sd. two members were not admitted in virtue of the foresaid 

acts. 



375 



40 



1743. April 8. 
1744. 

1742, July 14. 

1743. March 23. 



Thomas Trotter, Merchant in Edinburgh, — his Accounts as Treasurer to 
Trinity Hospital from 1st November 1739 to 1st November 1749 ; 
being for crops 1739, 1740, 1741, 1742, 1743, 1744, 1745, 1746, 1747, 
1748. 



Discharge from 1st November 1743 to 1st November 1744. 

By principal sums lent on heritable security, vizt.. To 
Mr James Baillie, Writer to the Signet, p. heritable 
bond on his lands of Petletbie, in Fife, wherein his 
son B. Robt. Baillie, Mercht. in Edinr., is personally 
bound with him, dated 23d Nov., bearing interest 
from Marts. 1744, ..... £600 

To Joseph Douglas of Edrington, p. heritable bond on 
his whole estate, dated and bearing interest from 
18th December 1744, with an infeftment following 
thereon, ... . . 1800 



£2400 



420 APPENDICES. 



Thomas Trotter, Merchant in Edinburgh — his Account as Treasurer to 
Trinity Hospital, from 1st November 1739 to 1st November 1749, 
being for Crops 1739, 1740, 1741, 1742, 1743, 1744, 1745, 1746, 1747, 
and 1748. 

Charge from 1st November 1742 to 1st November 1743, viz. :— 

To amount of the tack duties or ffarm rents, crop Conversion Money Total. 

1742. The fiars of barley, said crop being of Victual. Rent. 

lOmks. orlls. l^d. ; p. of wheat, 11 sh. p. £ s. d. £ s. d. £ s. d. 
boll, at which prices the following quanti- 
Barley. ties of victual, for this crop, both tack and 

B. F. p. L. ifeu duties are converted : — 

151 2 3 John Pen, maltman in Leith, in right of James 

Henderson, mercht., p. tack, . . 84 3 10 4 4 lljV 88 8 9j-V 

122 3 2 OJ Lilias Anderson or Alexander Sheels, for 

Nether Quarry Holes, p. tack, . . 68 5 4J 10 llf 68 16 3f 

In money, as per last year's account, £18 10 Hi 
Deduce ffewed thereof on the 1st, 
as p. Act of Council, dated Sth 
April 1741, to the following per- 
sons, who are to enter at Mart. 
1741, viz.: 
To James Reid, mercht. 
in Leith, 5 acres 2 
roods, at £2 6 8, . £12 16 8' 
To John Carnegie, vint- 
ner in Edinr., 3 acres, 
at£l 14 51, . 5 3 4, 



18 



Remains payable by sd. Lilias 

Anderson, . . . £0 10 lU 

Richd. and John Clegliorn, at Dean, p. tack, viz. : 

51 2 1 3 For Maidencraig, Blackrig, and Longrig, after 

deduction of 2s. 4d. for 15 falls of ground, 

For 25 b. 3 f. p. '2\ 1. wheat for said lands 

14 2 2 For Broad Latch without tack. 



340 2 2 2i Carry forward, . 216 9 2\^ 



, 28 13 51 
, 14 3 101 

,826' 


8 4 4 


50 19 10 8 4 4 
Carry forward. 



59 4 2 



EXCERPTS FROM TRINITY HOSPITAL ACCOUNTS. 



421 



F. P. L. 



113 2 2 3| 



Brought forward, 
Charles Sawers, at Bellsmiln, for the lands of 

Hungrierig, &e., at Dean, per tack, 
William Henderson and John Edingtown, for 

the three new parks on the west of Dean, p. 

tack, ....... 

Rents of houses and gardens from Marts. 1742 

to Marts. 1743, as p. 4 particulars page 2d, 

Feu-ddties, Crop 1742, viz. : — 

Tlie Heirs of James Henderson, p. Charter, to which 

Wm. Mitchell, mercht. in Leith, has right for 10 

acres of land, ..... 

The Heirs of Thomas Mercer, p. Charter, for 40 acres, 

and i fall, . . . . £63 3 1| 

And in money, . . . .30 0^% 



The Heirs of Jasper Brown Wright, for one acre, part 
of LUias Anderson's tack, .... 

James Reid, merchant in Leith, for 6 acres of sd. ground, 
lying on the east side of the walk to Leith, whereof 
2 acres, at £3 st. each, is £6 ; 2 acres, at £3, Is. Od. 
each, is £6, 2s. Od. ; and 2 acres at £3, 3s. Od. each, 
is £6, 6s. ; in all, £18, 18s., p. Act of Council, dated 
8th April 1741 ; he is to relieve the hospital of cess 
and publick burdens, at the rate of £.5 Scots of 
valuation for each acre, if the hospital sliall be found 
lyable in cess ; if two terms ffew duty run into the 
third unpaid, the ffew right is to be ^oid. And he 
is to grant bond binding him, his heirs, &c., to pay 
and perform the whole conditions of the articles of 
roup ; which ffew duty commences from his entry 
at Marts. 1741, and is pay"'"- at Whit, and Mart, 
yearly, the first term at Whit. 1742. The duty of 
an heir is 5 mks. p. acre, and of a singular suc- 
cessor one year's real rent, .... 

John Carnegie, vintner in Edinr., for 2 acres 1 rod 6 
falls of sd. ground, fewed to him at the said time 
and on the same terms, at 51 mks., or £2, 16s. 8d. 
st. p. acre, ...... 

Feu-Duties of Houses, Parks, &c., from Mart. 1742 to 
Mart. 1743, as p. particulars on page 3d, 



Money „ , 

Rent. •^°""- 

£ s. d. £ s. d. 
216 9 2ii 



46 15 9 

89 5 

10 10 

22 4 51 

66 3 \\l 



2 15 6| 



46 15 9 

89 5 

10 10 
362 19 llii 



18 8 



Carry forward. 



VOL. II. 



6 


9 


n 




11 


6 


8 


127 7 .5f\ 








, 


490 7 51 








3h 



422 



APPENDICES. 



Brought forward 
To Interest incurred on the Bonds due to the Hospital, 
\4z. : — 

Due by the Marquis of Annan- 
dale from Cand. 1742 to Cand. 
1743, .... 

Resting of Douglas of Glen- 
berrie's Bond, from 22d April 
1742 to nth April 1743, 

Due by B. Thos. Heriot, from 
11 Sept. 1742 to 11 Sept. 174.3, 

Resting of Hugh Cleghorn's Bond, 
from Mart. 1742 to Mart. 1743, 

Due by Sir Jas. Johnston, p. 
her'"'"- bond, from do. to do., 



On £1725 7 Si 



194 17 8 



30 





138 17 


9^ 


544 13 






Applicable 2633 16 If 

to Prinl. The remains of Glenberrie and Scotscraig's registered 
£58 19 6| bond and adjudication, delivered to Alex. Young, 

Int. 38 13 7h writer, is . 

Interest thereof from 22d April 1739 to 11th April 1743, 
charged above, and preceding three years, is 



'ard, 


• 


£ s. d. 
490 7 5^ 


£ s. 
86 5 


d. 




9 9 







1 10 







6 18 


lOf 




27 4 


H 


131 7 10| 



£97 13 2^ 



194 17 
38 13 



H 



Whereof received by the accomptant, 1743, April 11, 
from Mr Wm. Forbes, writer, as the dividend pay'"' 
out of the estate of Paterson of Downmuir, when 
sold, of the prinl. of £200 st., and bygone 
a'rents, ..... £8.5 4 
Interests of sd. £85, 4s. 4|d., from Whit. 

1741 to Cand. 1743, . . .791^ 

Received further as the share of sd. £200 
and interest, pay"", out of 

Glenberrie's Estate, £2 12 Oi 
Scotscraig's Estate, 2 7 8|^ 

4 19 81 



233 11 3,V 



. 58 19 61"/ 



97 13 2i 



Remains of sd. prinl., bearing interest from lltli April 
174.3, . . . . . 



135 18 11; 680 14 1010/ 



EXCERPTS FROM TRINITY HOSPITAL ACCOUNTS. 



423 



Thomas Trotter, Merchant in Edinburgli — his Accounts as Treasurer to 
Trinity Hospital, from 1st November 1739 to 1st November 1749, being 
for crops 1739, 1740, 1741, 1742, 1743, 1744, 1745, 1746, 1747, and 1748. 

Charge from \st November 1747 to \st November 1748. 



Barley. 
B. F. P. L. 

To amount to tack duties or farm rents, crop 

1747. The fiars of the barley being 
lis. 2d., and of the wheat 1.3s. 8d. p. 
boll, at which prices the following 
quantities of victual, both tack and feu 
duties, are converted, viz. : — 

John Pen, maltman in Leith, in right of 
218 1 1 James Henderson, merchant, 

Lilias Anderson, relict of Alex. Sheels, for 
122 3 2 Oi Nether Quarry holes, per tack, . 

John Cleghorn, at the Dean, for Blinkbonny, 
&c., p. tack, aud Broad Latch, without 
66 3 3 tack, . . 

Ditto for 25 b. 3 f. p. 3^ 1. wheat at 13s. 8d. 
p. boll, ..... 

Charles Sawers, at Bells Miln, for Hungryrig, 
&c., at Dean, p. tack, 

Wm. Henderson and John Edington, for the 
three parks on the west of Dean, p. tack, 

Rents of houses and gardens from Mart. 
1747 to Mart. 1748, as p. particulars on 
page 2", £10, 10s., 

Mrs Ann M'llwraith, midwife, having on 
the 20th Oct. 1733 disponed to the 
Hospital a home at the foot of Peebles 
Wynd, reserving her own liferent, and 
of her niece, Anne Lumsden, in which 
the Hospital is infeft, being insured, and 
the premium paid Mrs Lumsden for one 
year's rent thereof to Whitday 1748, 



107 1 2 Oi 



Conversion 


Money 


of Victual. 


Rent. 


£ s. d. 


£ S. 



121 17 3« 



68 12 2i» 



36 19 7* 



17 12 8 



5 4 58 



10 11« 



4 4 



46 15 9 



89 5 



10 10 



245 1 



8 



2 



162 10 6= 



407 12 3>o 



424 APPENDICES. 



Barley. 




B. F. P. 

407 1 2 
40 


L. 

Oh 



46 3 3 


H 



Rent. 






S. d. 


£ s. 


d. 




407 12 


310 



Feu-Duties, Crop 1747, viz. :■ 

Ci)nversion 
of Victual. 

£ s. d. 
Brought forward, 
The heirs of James Henderson, now David 

Ramsay, shipmr. in Leith, for 10 acres 

of ground, .... 22 6 8 

The heirs of Thomas Mercer, for 1-5 acns 34 

falls of ground, . . . . 26 4 4^ 2 

494 112 The creditors of Jasper Browu, for part of 

Lilias Anderson's ground, p. charter, . 2 

James Reid, mert. in Leith, for 6 acres of 

sd. ground, .... 18 

The herds of John Carnegie, vintner, for 2 

acres 1 rood and 6 falls of sd. ground, . 6 9 7*' 

Feu duties of houses, parks, ifec, from INTart. 

1747 to Mart. 1748, p. particulars 

page 3", . . . • 






6^ 


ir, 


6S 


8 






11 6 



26 4 49 63 7 05 



To interest incurred on the Hospital's bonds in the year to Mart. 

The treasurer' having received of interest on Mr Douglas of Edrington's 
bond of £1800 incurred preceding Mart. 1747, £262, 10s., and 
there being only charged on him iu the preceding three years to said 
term £260, 17s. 6d., the difference is here stated, being, . £1 12 6 
The foresaid prinl. sum being paid up by Edrington, at Mart. 
1747, was lent out by the treasr. from 20th Novr. 1"^" 
to Cand. 1748, at 4 p. cent., . . ■ . 15 J 8 

Of £2000 lent to the city of EdiBburgh pursuant to 
Act of Council, dated 7th Jany. 1748 on 
the citie's bond, payle. out of their duty on 
ale bearing 4 p. cent, interest from Cand. 
1748, is to Mart. 1748, J year, . . 60 

£77 2 2 

Of 600 due by Mr James Baillie, writer to the 

signet, p. heritable bond, wherem Mr 

Robert Baillie, his son, is personally 

bound for 4 to Mart. 1748, . . 30 

544 13 due by S'- James Johnston, p. heritable 

bond for said year, . • . 1.7 4 7 



89 11 52 



_£3144 13 Carry forward, . £134 6 9^ 497 3 9 



EXCERPTS FROM TRINITY HOSPITAL ACCOUNTS. 425 



£ s. d. £ .s. d. 
£3144 13 Brought forward, .134 6 9^ 497 3 9 

Of 138 17 9^ only resting of Hugh Cleghorn's bond for 

6000 mks., . . . . 6 18 108 

135 18 1^ only resting of Glenbeme and Scotscraig's 

bond for £200 sterl., . . .6 15 lO'" 

30 due by Mr Thomas Heriot, p. his bond, . 1 10 

149 11 72 

£3449 8 10^ 



646 15 42 

To the foresaid principal sum jiaid up by Mr Joseph Douglas of Edrington 
at Mart. 1747, for wliioh the treasr. granted him a discharge and 
renunciation of the Hospital's heritable debt, . . . 1800 



Carried to Abstract, page 39th, . . 2446 15 4^ 



Thomas Trotter, Merchant in Edinburgh, — his Accounts as Treasurer to Trinity 
Hospital, from 1st November 1739 to 1st November 1749, being for crops 
1739, 1740, 1741, 1742, 174.3, 1744, 1745, 1746, 1747 and 1748. 

Charge from 1st November 1748 to 1st November 1749. 

To Interest incurred on the Hospitals Bonds for one year to Mart. 1749, viz. of: — 
£2000 due by the City of Edinburgh, at 4 per 

cent., ..... £80 
600 due by Mr James Baillie, Writer to the 
Signet, p. heritable bond, wherein Mr 
Robert Baillie, his son, is personally 
bound, . . . . 30 

544 13 due by Sr. Jas. Johnston, p. heritable 

bond,. . . . . 27 4 78/ 

138 17 9^ only resting of Hugh Cleghorn's bond for 

6000 merks, . . . . 6 18 lO^/ 

135 18 1^ only resting of Glenberrie and Scotscraig's 

bond for £200 sterling, . .6 15 lOi"/ 

30 due by D. Gild Thomas Heriot, . . 1 10 

£152 9 52 

£3449 8 107 



426 APPENDICES. 



Thomas Trotter, Merchant in Edinburgh, — his Accounts as Treasurer to Trinity 
Hospital, from 1st November 1739 to 1st November 1749, being for crops 
1739, 1740, 1741, 1742, 1743, 1744, 1745, 1746, 1747, and 1748. 

Discharge from 1st November 1747 to 1st November 1748. 

By Ccash lent to the City of Edinburgh, pursuant to Act of Council dated 
7th January 1748, the principal sum paid up at Mart. 1747 by Joseph 
Douglas of Edrington, being £1800, with ,£200 more of the Hospital's 
revenue as p. the Council's bond dated 3d February 1748, payable to 
the accountant and successors in office, out of the Citie's duty on ale, 
bearing interest at 1 per cent, below the legal, from Candl'' 1748, . £2000 



Thomas Trotter, Merchant in Edinburgh, — his Account as Treasurer to Trinity 
Hospital, from 1st November 1749 to 1st November 1752, being for crops 
1749, 1750, and 1751. 

Charge from 1st November 1749 to 1st November 1750. 

To Interest for one year to Lammas 1750 incurred on the following Bonds, <fec., due to 

the Hospital, viz. on — 
£2000 due by the City of Edinburgh, interest at 

4 p. c, . . . £80 

600 due by the deceased Mr James Baihe, p. 
heritable bond, wherein Mr Robt. 
Bailie, his son, is personally bound, 
at 5 p. cent., . . . . 30 

544 13 due by Sir James Johnston, p. heritable 

bond at ditto, . . . 27 4 7*/ 

138 17 9*/ only resting of Hugh Cleghorn's bond for 

6000 merks at ditto, . . . 6 18 10^ 

135 18 P/ only resting of Glenberrie and Scotscraig's 

bond for £200 sterling, . .6 15 lO'"/ 

£3419 8 106/ £150 19 5^/ 



EXCERPTS FROM TRINITY HOSPITAL ACCOUNTS. 427 



Thomas Trotter, Merchant in Edinburgh, — his Account as Treasurer to Trinity 
Hospital, from 1st November 1749 to 1st November 1752, being for crops 
1749, 1750, and 1751. 

Charge from 1st November 1751 to 1st November 1752. 

1752. Nov. 23. N. S. — To cash from Sir James Johnston for his grandfather's 
heritable bond to the Hospital (see Discharge, page 12th, 
where this sum and £5, 7s. more, in all £550, is lent to the 
City of this date), .... £54413 



Thomas Trotter, Merchant in Edinburgh, — his Account as Treasurer to Trinity 
Hospital, from 1st November 1749 to 1st November 1752, being for crops 
1749, 1760, and 1751. 

Discharge from 1st November 1751 to 1st November 1752. 

1752. Nov. 23. — By cash lent the City of Edinburgh, bearing interest at 1 per cent, 
below the legal, from this date, for which the Council has 
granted bond, dated 13th December 1752, . £550 



Thomas Trotter, Merchant in Edinburgh, — his Account as Treasurer to Trinity 
Hospital, from 1st November 1749 to 1st November 1752, being for crops 
1749, 1750, and 1751. 

Discharge in the Abstract of the Accounts from 1st November 1749 to 1st 

November 1752. 

By five principal sums contained in bonds due to the Hospital, as per charge trans- 
ferred to next accompt, . .... £3424 15 10"/ 



428 



APPENDICES. 



XXI. 

EXCERPTS from Volume of Accounts of Trinity Hospital, 1752-64. 



Thomas Trotter, Merchant, Edinburgh, — his Accounts as Treasurer of Trinity 
Hospital, from 1st November 1752 to 1st November 1754, being for Crops 
1752 to 1753. 

CHAEGE on Thomas Trotter, Treasfiirer to Trinity Hospital — continued. 



Dates when 
Uplifted. 



1753. Aug. 24. 
Dec. 24. 



Aug. 24. 



„ Dec. 27. 



1754. Nov. 28. 



To Principal Sums Uplifted darmg this 
Accot., viz. 



From Mr Robert Baillie, merchant, for his, and 
Mr James Baillie his deceased father, p. their 
heritable bond for ...... 

From the heirs of Hugh Cleghorn for the re- 
mains of his bond of 6000 merks. 

Total carried to General Abstract, page 1 3th, 

PoUows Mr Trotter^s discharge, viz. — 
By principal sums lent during thi.s account 

viz. — 

To the city of Edinburgh, be.iring interest 
at 4 p. cent, from this date, for which 
the Council granted bond p.^yable to the 
Treasurer and his successors in office for 
behoof of the Hospital, dated 12th Sep- 
tember 1753, for ..... 

To Mr Robert Baillie, merchant, and Mr 
George Baillie, of Haddington, his brother, 
p. their conjunct bill of this date, payable 
15th November 1753, for £200 St., vvhereof 
£100 St. is proper to stock, and £100 
proper to revenue, ..... 

To the city of Edinburgh, bearing interest 
at 4 p. cent, from this date, for which 
the Council granted bond payable as above, 
dated 16th January 1754, for . 

To the said city, paid into the city's cash 
account of this date, being John Gordon's 
legacy charged on the preceding page, 
for which no bond was granted by the 
city, being repaid to the Treasurer, to- 
gether with the foresaid £150, at Whit- 
sunday 1755, with the interest incurred 
on both to said term, .... 

Jfote. — If the above £100 had not been 
charged on preceding page, it ought 
not to htive been discharged here, as 
it comes not properly within the 
period of this account. 

Carried to General Abstract, page 14, . 



In the Year to Lam. 



£738 17 9V 



£600 
138 17 9V 



£500 



200 



150 



100 



£9.50 



ToTii.. 



LORD COCKBURN ON TRINITY HOSPITAL. 429 

XXII. 

The late LORD COCKBURN on Trinity Hospital.* 

At the east end of what was formerly " Tlie Physic Garden " — the low flat 
ground between the North Bridge and Loith Wynd, stand two venerable relies 
— Trinity Church, the best, and almost the only, ancient Gothic edifice in 
Edinburgh; and Trinity Hospital, a very curious place. 

More than fifty years ago, this Garden was the favourite open-day haunt 
of the literature and polite flirtation of Edinburgh. But, in those days the 
Assembly-room was in a close (still called the Assembly Close) in the High 
Street; St Cecilia's Hall was in the Cowgate; the Canongate was occupied 
by the nobility and gentry ; the ploughed fields now covered by the New 
Town were no more thought of than the fields of Fife. Ever since the Physic 
Garden was removed to Leith Walk — where it was called the Botanical, and 
from whence it has made another move to its present situation at Inverleith, 
the old place has been gradually falling every year into a more neglected and 
squalid condition. Although probably the North Loch, with its bad drainage 
and burghal sediments, was seldom an inoflfensive neighbour, yet in spite of its 
lowness this must have been rather a good site originally, when there were 
no buildings to the north or east. The Calton Hill, with its rockiest face, 
stood right in front on the north ; the sea must have been visible on the east ; 
the Castle rose on the west ; and the ridge of the Old Town bristled up to 
the south. Holyrood had not a better position. 

The Hospital is for the benefit, not of common paupers, but of old men 
and women once in the prospect of a better fate. A few of them are presented 
by the heirs of donors. All the rest must be burgesses of Edinburgh, or of 
burgesses' families; and they are selected by the Town Council. There are 
generally about thirty-five or forty in the house, and many more out of it. 

* Memorials of His Time, by Henry Cockburn, pp. 435-44. Edinburgh : Adam and 
Charles Black, 18GG. 

VOL. II. . 3 I 



430 APPENDICES. 



The institution was founded in 1462 by Mary of Gueldres ; but the building 
underwent considerable alteration about 1587. It would not be easy to produce 
anything meaner than its outside. It consists merely of a respectable common- 
place house, at right angles to which there runs a long, thin, two-storied build- 
ing like a long granary — all cased in a dingy rough-east, without any attempt 
at ornament or proportion. There is a bit of garden about a hundred feet 
square ; but it is only turf, surrounded by a gravel walk. An old thorn and 
an old elm, destined never to be in leaf again, tell of old springs and of old 
care. And there is a wooden summer-house, which has heard many an old 
man's crack, and seen the sun soften many an old man's wrinkles. 

But the door is no sooner opened, than antiquity is seen standing within 
it. Narrow stone stairs, helped out by awkward bits of wooden ones; oak 
tables of immovable massiveness; high-backed carved chairs with faded 
tapestry on their seats and elbows; a few strong heavy cabinets; drawers, 
and leaves, and bolts, and locks, and hinges, once the pride of their inventors, 
and now exciting a smile at ancient carpentry ; passages on miscalculated 
levels ; long narrow halls, and little inaccessible odd-shaped rooms ; these and 
other vestiges of the primary formation arrest and delight the visitor. All 
the apartments except four are very small. 

Of these four, one seems to be their academic grove. It is a long place, 
apparently for mere lounging ; for it contains nothing except a large shelved 
press, which is the library. This library consists, so far as I can guess by the 
eye, of about 500 or 600 volumes. Many of them are suitable for the readers ; 
many not. There are several beautiful books of tlie sixteenth and seventeenth 
centuries. These, some think, it would be no disrespect to the ancient donors 
to sell for the purchase of more useful works. The chaplain, however, with 
a just pride in his antiquities, is shocked at the proposal; and he is right. 
There is sometimes a good deal of reading among these aged students; at 
present very little. It comes in fits like other fashions. A second of these 
long apartments is used as a chapel and banqueting room. There are two 
long tables, with chairs, and a passage between the tables. The pensioner's 
position is the same, whether he is at dinner or at sermon. An old low pulpit 
stands at the end of the room ; and before the pulpit there is a black article, 
said to be positively "John Knox's sacramental table." The third of these rooms 



LORD COCKBURN ON TRINITY HOSPITAL. 431 



seems to extend the whole length of the building. It is about ninety or a 
hundred feet long, and was originally about thirty or thirty-five feet wide. 
But its width has been contracted by operations, which have converted it 
into a city for human beavers. Along one side a range of ten wooden cabins 
projects into the room. It is just a range of wooden boxes, placed on the floor, 
along one side of the wall. Each box is about seven feet square, detached 
from its neighbour, and with its own door and window — all the windows 
looking into the room. These cabins, each of which houses a pensioner, narrow 
the room to the extent of their own depth, on the one side. On the opposite 
side, it is narrowed by a partition reaching from the floor to the ceiling. 
Between this partition and the outer wall there are two rows of cabins, one 
above the other. The lower row is entered by doors opening into the long 
room. The upper row is reached by neat wooden stairs. There are five of 
these stairs ; and most picturesque they are. They project into the room, all 
to the same extent — probably three feet, and all with the same curve to the 
left, not unlike outer stairs to hay lofts. Each of the five leads to a small 
landing place, off which are two cabins. 

There are thus thirty cabins in that room ; ten in the form of boxes, on 
the floor, on one side ; and twenty within the partition on the opposite side, 
ten of which are below and ten above; these last ten reached by the five 
outside wooden stairs. And between these lines of pigmy palaces there is a 
space of about fifteen or eighteen feet left free, along the whole length of 
the room. These human pigeon-holes have immemorially been termed " arks " 
— a name which, holding ark to mean chest, describes them very correctly. 
Each ark contains the bed, chair, table, and little mirror, of its single inhabit- 
ant, and any other article of comfort or decoration that the occupier may 
happen to have. They are all neat and comfortable. Several contain chests 
of drawers ; and some are gay with ornament. One duenna had her cupboard, 
with her own books, and her umbrella hanging from a brass hook, and every 
"coigne of vantage" graced by shells, and human figures, and trees, and 
animals — all cut by herself, out of pasteboard, and gloriously painted. Several 
others have carried with them into these sad though kindly retreats similar 
articles; plainly once the pride of their better days. 

The fourth long apartment is lined on one side by another row of cabins 



iH'I APPENDICES. 



and there is space for an opposite row if required. Besides these roosts, which 
being both tlie parlour and the bed-chamber are truly the ark of each occupant, 
there are common rooms, with fires and carpets, where the inmates repair 
when they want talk, heat, or a social doze. The walls of the chapel are 
entirely covered with wooden tablets, containing inscriptions in gilt letters 
on black grounds, immortalizing the memories of the various donors of merks 
or pounds Scots. The name of many a citizen, illustrious in his day, is there ; 
the title of many a family, once green bay trees, now dead roots. I observe 
one donation in 1632 ; and, no doubt, there are some still older. 

The community is presided over by a chaplain and a governess. The 
chaplain spends most of his day there, and may reside constantly if he pleases. 
However, he can never be long absent ; for besides worship twice a day, he 
has to ask a blessing on all their meals. His drawing-room is scarcely ten 
feet square. But it is dignified by old chairs, an old table, an old desk, an 
old mirror, besides books and prints. The little cheerful round incumbent 
talks 'so happily of his own position, and so affectionately of every individual 
pensioner, that a bishopric, nay even a Scotch kirk, could scarcely increase his 
delight. The elysium of the queen is fully as tiny, and as old, and as nice. 
Besides being graced by various achievements of her own needle, it is enlivened 
by a blue parrot, on a bright perch, and a canary in a brass wire cage with 
doors and windows like a cathedral. On my last visit she insisted on my 
entering her bedroom — smaller than even the parlour; but what a coverlet 
of patch-work ! Cheerfulness beamed from her face, and pride elated her 
heart. How cruel that, with such a pair, celibacy is the law of the place. 

The subjects of these two sovereigns seem to be as happy as age, when 
combined with final destitution and with the recollection of more hopeful days, 
can probably ever be. They are decent in their apparel, clean in their 
domicile, and, so far as a stranger can discover, are kindly used, and kindly 
thought of. That they are followed into the last asylum that can ever shelter 
them by grateful recollections, and even by some friendships, as well as by 
discontent, jealousy, quarrels, and all other passions that cling to the still 
beating heart, is certain. They are human. They doubtless have their 
magnates, their disputed principles, their wrongs, intrigues and factions. 
The dulness of their day is, no doubt, relieved by occasional dissention and 



LORD COCKBURN ON TRINITY HOSPITAL. 433 

ingratitude. But there is as little of this, I understand, as generally enlivens 
hospitals. And certainly their bodies are not ill cared for. Everyone seems 
proud of his own ark. They sit in these retreats, and come out, and go in — 
opening and shutting their own front doors, as if each felt that it was he 
who had got the state room.* 

One of the present female pensioners is ninety-sis. She was sitting 
beside her own fire. The chaplain shook her kindly by the hand, and asked 
her how she was. "Very weel — just in my creeping ordinary." There is 
one Catholic there — a little merry woman; obviously with some gentle blood 
in her veins, and delighted to allude to it. This book she had got from Sir 
John Something; her great friend had been a Lady Something Cuningham ; 
and her spinet was the oldest that had ever been made ; to convince me of 
which she opened it, and pointed exultingly to the year 1776. Neither she, 
nor the ninety-six year old, was in an ark, but in an ordinary small room. 
On overhearing my name, she said that she was once at Miss Brandon's board- 
ing school in Bristo Street, with a Miss Matilda Cockburn, a " little pretty 
girl." I told her that I remembered that school quite well, and that that 
girl was my sister ; and then I added, as a joke, that all the girls at that 
school were said to have been pretty, but all light-headed and much given to 
flirtation. The tumult revived in the vestal's veins. Delighted with the 
imputation, she rubbed her hands together, and giggled till she wept, and 
exclaimed, and protested, and giggled more, and appeared to force back 
recollections that made her blush. She said she liked her fellow pensioners, 
" but no' their religion ; an' they dinna like mine." Of the last fact I had a 
tolerable proof, on going into a room where several of the women were. One 
of them asked me if I could tell them the name of a bird they had just got, 
and which was in a cage there. I told them it was a cardinal. On which 
the presbyterian sybils burst out into a jocular, but not ill-natured, roar — " A 

* Aruot (History of Edinburgh, p. 563) gives a bad account of their conduct in his day. 
Restates that in 1778 their mutinies, dishonesty, and dirt had "aroused the attention "of 
the Governors. I understand that this is all quite inapplicable to their present state. If 
the attention of the Governors was quietly kept up, instead of requiring to be aroused by great 
excesses, things would generally go on better. 



434 APPENDICES. 



caardinal ! hear that ! a caardinal ! od ou' maun send it doon to the Caatholic ! " 
This is Trinity Hospital. Time, in its course over Edinburgh, has left no other 
such picturesque deposit.* 

* In a short time, the place sliall know it no more ! But the public will be gratified by 
a railway station. Trinity College Cliurch too — the last and finest Gothic fragment in 
Edinburgh, though implored for by about four centuries, will disappear for the accommoda- 
tion of a railway ! An outrage by sordid traders, virtually consented to by a tasteless city, 
and sanctioned by an insensible Parliament. I scarcely know a more curious instance of 
ignorant insensibility than the apology that is made for this piece of desecration. It is said 
that the edifice is to be replaced, exactly as it is, in some better situation. And it is really 
tliought that the Pyramids would remain the Pyramids, or Jerusalem Jerusalem, provided 
only their materials were replaced in London. Oxford would be Oxford, though in Manchester 
if its stones were preserved. These people would remove Pompeii for a railway, and tell us 
they had applied it to a better purpose in Dundee. 



ANCIENT SCOTTISH POOR LAWS. 435 



XXIII. 
ANCIENT SCOTTISH LAWS 



BEOARDIKa 



POOR PEOPLE, SORNERS, BEGGARS, ETC.* 



KING JAMES I. 

FiKST Parliament — xxvj. of Maij 1424. 

Sec. 7. Sornares or Companies ouer-lyand the Kingis Lieges, suld he 
arreisted, and satisfie the King and partie. 

ITEM, The Parliament statutis, and the King forbiddi.? ; That na com- 
panies passe in the Countrie, to lye [live] vpon ony the Kingis Lieges ; or 
thig or sojourne horse, outher on Kirk-men or husbands of the land. And 
gif onie complaint be maid of sik trespassoures to the Schireffe of the land ; 
that he arreist sik folk, and challenge them, and taxe the Kingis skaith vpon 
them: and gif they be convict of sik trespasse, that they be punished, and 
tinde burrowes till assyith the King and the partie complainand. And gif 
sik persones takis ony skaith in the arreisting of them, it salbe impute to 
them selfes. And in case that na complaint be maid to the Schireffe, the 
Schireffe sail inquire at ilk head court that he haldis, gif ony sik faultoures 
be within his Schireffedome. And gif onie beis founden, that they be punished, 
as is before written. 



* The Laws and Acts of Parliament, maid be King Iames the First, and His 
SvoEssovRs KiNQES OP SCOTLAND. At Edinburgh, Imprented be Egbert VValde-graue, 
preiiter to the Kinges Majestie, 15. Martii, anno dom. 1597. 



436 APPENDICES. 



Sec. 25. Of the age and rwarhe of Beggers, and of Idle men. 

THE KING hes statute be consent of the haill Parliament ripelie advised, 
that na Thiggeres be Thoiled [permitted] to beg, nouther to Burgh nor Land- 
wart, betuixt fourteene and three-score ten zeires, bot they be seene be the 
councelles of the Tounes, or of the Lande, that they may not winne their 
living vther waies. And they that salbe thoiled to beg, sail haue a certaine 
taken [token] on them to Land-wart of the Schireffe : And in the Burrowes, they 
sail haue takin of the Alder-men, or of the Baillies. And all vther persones 
hauand na takins, nouther of lande, nor of Burgh, salbe charged be open 
Proclamation, to labour and passe to Craftes, for winning of their living, vnder 
the paine of burning on the cheike, and banishing of the Countrie. . . . (Sec. 42) 
And that in euerie Burgh out throw the Realme, the chalmerlaine sail enquire 
in his aire zeirlie, gif the Alder-men and Baillies, hes keiped the act, and the 
forme of the statute. And gif they haue broken it, they sail be [fined] in fiftie 
shillings to the King. Item, the Schireffe failzieng of the keeping of the said 
act, to be punished in likewise. 

Third Parliament — xj. of March 1425. 

Sec. 6C. That euerie Tnan tliat hes nocht of his awin, sail labour for 

his liuing. 

ITEM, The King, with consent of his Parliament, hes statute and ordaned, 
that ilk Schireffe of the Realme, within his Bailliarie, inquire diligentlie, gif 
onie idle men, that hes not to Hue of their awin, be receiued within his boundes : 
after the quhilk inquisition the Schireffe sal gar arreist sik idle men, and gar 
keepe them in fastnesse quhill it be knawin quhairupon they liue. And that 
the Countrie salbe vnskaithed of them : Thereupon the Schireffe sail receiue 
gude and sicker burrowes. After the quilk burrowes founden, the Schireffe 
sail assigne fourtie dales to sik idle men to get them Maisters, or to fasten 
them to lawfull Craftes. And they fourtie dales beand gane, gif they be 
founden mair idle, the Schireffe sail arreist them againe, and sende them to 
the Kingis prison, to abide and be punished at the Kingis will. And that this 
be done alsweill in Burrowes, as on lande throw all the Realme. 



ANCIENT SCOTTISH LAWS REGARDING THE POOR, ETC. 437 



Seventh Pakliament— First of March 1427, 

Sec. 103. Of Beggers. 

ITEM, The King hes statute, with consent of his hail Parliament and 
Councell, and eiked to the Statutes maid in his Parliament of Beggers, the 
Chalmerlaine in his air ilk zeir sail inquire, gif the Alder-men and Baillies 
haue keeped the Statute : And gif they haue broken it they salbe [fined] in 
fourtie shillinges to the King. 

KING JAMES II. 

Sext Parliament — xix. of lanuar 1449. 

Sec. 22. Of the away putting of Sornares, feinzied fooles, and vagabondes. 

ITEM, It is statute and ordaned, for the away putting of Sornares, ouer- 
lyars, and maisterful beggers, with horse, houndes, and vther guds, that all 
officiares, baith Schireffes, Barronnes, Alder-men, Baillies, alsweil within the 
Burgh, as outwith, tak ane inquisition at ilk courte that they hald of the 
foresaid things: And gif ony sik be founden, that their horses, houndes, or 
vther gudes, be escheit to the King, & their person put in the Kinges waird, 
quhill the King haue said his will to them. And alswa that the said Schirefl'e, 
Baillies, and Officiares inquire at ilk court, gif there be onie, that makis them 
fuiles, and are bairdes, or vthers sik like rinnares about. And gif onie sik be 
funden, that they be put to the Kings waird, or in his irones, for their trespasses, 
als lang as they haue ony gudes of their awiu to Hue vpon, that their eares 
be nailed to the Trone, or till ane vther tree, and their eare cutted off, and 
banished the cuntrie. And gif thereafter they be funden againe, that they 
be hanged. 

Elleuenth Parliament — iiij. of August 1455. 

Sec. 45. Sornares siild he punished to the death. 

ITEM, Quhair euer Sornares be ouertane in time to come, that they be 
delieured to the Kingis SchireSes, and that foorthwith the Kingis lustices do 
Law vpon them, as vpon a thief rieuer. 

VOL. II. 3 K 



438 APPENDICES. 



KING JAMES III. 

Tenth Parliament — vi. of August 1477. 

Sec. 77. Of Beggers and Sornares. 

ITEM, For the stanching of maisterfull-beggers and sornares, that dailie 
oppressis and herryis the Kings Lieges: It is statute and ordained, that the 
auld statute made of before in our Soveraine Lordis time, King lames the 
First, be put to sharp execution, but favoures : That is to say, quhair euer ony 
commoun sornares beis ouer-tane in time to cum, that they be arreisted and 
delivered to the Kingis Schireffes. And that they be foorth-with brocht to 
the Kingis justice, to do and execute the law on them, as on a commoun thiefe 
and riever. And that dittay be tane thereof zeirly, and punished, as said is, 
in the justice aire. 

KING JAMES IV. 

Sext Parliament — xj. of March 1503. 

Sec. 70. Anent Beggers and their Qualities. 

ITEM, Anent beggers, that the statute of King lames the First maid vpon 
starke beggers, be observed and keiped. And that the Schireffes, Provestes, 
Baillies within Burrowes, baith of Koyaltie and Regalitie, Spiritualitie and 
Temporalitie, see that this act be execute and keiped : And that they thoil 
nane to beg within them, except cruiked-folke, seik-folke, impotent-folke, and 
weak-folke, vnder the paine of payment of ane mark, for ilk vther begger, 
that beis foundin. 

KING JAMES V. 

Fourth Parliament — vij. of June 1535. 

Sec. 21. All Beggers suld begge within their awiyi Paroch, and haue 

the marke thereof. 

ITEM, For refraining of the multitude of maister-full and Strang beggers : 
It is ordained, that the acte maid therevpon of before be King lames the First, 



ANCIENT SCOTTISH LAWS REGARDINa THE POOR, ETC. 439 

apprieved and ratified be vthers our Soveraine Lordis Predecessoures, be 
observed, keiped, and put to scharpe execution in all poyntes, with this 
addition : That na baggers be thoiled to beg in ane Paroehin, that ar born in 
ane vther, and that the headesmen of ilk Paroehin make takinnes (tokens, 
medals, or badges) and giue to the beggers thereof, and that they be susteined 
within the bounds of that paroehin, and that nane vthers be served with almous 
within the bounds of that paroehin bot they that bearis that takinne allanerlie, 
vnder the pains conteined in the said act. And that the Justice Gierke make 
inquisition and take dittay herevpon at every iustice-aire. And als ordainis 
letters to be direct to command and charge the Provest and Baillies of 
Edinburgh, ajid all vthers Provestes, Baillies of Burrowes, SchirefFes, and 
vthers OfBciares of the Kingis, to put this acte to execution in all poyntes, and 
the samin to be published at all places neidfull, swa that nane sail pretend 
ignorance, or alleage they knew not the samin in time to-cum. 

KING JAMES VI. 

Sext Parliament — xx. of October 1579. 

Sec. 74. For Punischment of Strang and Idill Beggers, and Reliefe 
of the Pure and iTnpotent. 

FORSAMEIKLE as there is sindrie lovabill Acts of Parliament maid be 
our Soveraine Lords maist nobill Progenitours, for the stanching of maisterful 
and idle beggers, away putting of sornares, and provision for the pure : Bearing, 
that nane sail be thoiled to beg, nouther to Burgh nor to land, betwixt 14. and 
70. zeires. That sik as makes themselues Fules and ar Bairdes, or vthers sik- 
like runners about, being apprehended, sal be put in the Kingis Waird or irones, 
sa lang as they haue ony gudes of their awin to Hue on. And fra they haue not 
quhairvpon to Hue of their awin, that their eares bee nayled to the Trone, or to 
an vther tree, and their eares cutted off, and banished the countrie, and gif 
there-after they be found againe, that they be hanged. 

ITEM, That nane bee thoiled to begge in ane Paroehin, that ar borne in 
ane vther. That the heades-men of ilk Paroehin, make takinnes, and giue to 
the beggares theirof, that they may bee susteined within the boundes of that 



440 



APPENDICES. 



Vagabound3 and 
idle beggars suld be 
punished. 



Parochin. And that nane vther bee serued with almes, withiu that Parochin, 
but they that beares that takinne allanerlie, as in the Actes of Parliament maid 
their-anent, at mair length is conteined. Quhilkes in time bygane, hes not 
bene put to dewe execution, throw the iniquitie and troubles of the time by- 
past, and be reassoun that there was not heir-to-foir ane ordoui- of punischment, 
sa speciallie devised, as nede required, bot the saidis beggares, besides the vthers 
inconvenientes, quhilks they daylie produce in the commoun wealth, procures 
the wrath and displeasure of GOD, for the wicked and vngodlie forme of living, 
vsed amangs them, without mariage or baptizing of a great number of their 
baimes. THEREFOIR now, for avoyding of the inconvenients, and eschewing 
of the confusion of sindrie Lawes and Actes, concerning their punischment, 
standing in effect. And that sum certaine execution, and gude ordour may 
follow their-anent, to the great pleasure of Almichtie GOD, and commoun 
Weill of the Realme. IT IS thocht expedient, statute and ordaned, asweil for 
the vtter suppressing of the saidis Strang and idle beggers, sa contageous enimies 
to the commoun weill : As for the charitabill releeving of aged and impotent 
pure peopill, that the ordour and forme following bee observed : That is to say, 
that all persones, being aboue the age of fourtene and within the age of three- 
scoir and ten zeires, that heirafter ar declared and set foorth be this Acte and 
ordour, to be vagaboundes, Strang and idle beggars, quhilkes sail happen at ony 
time heirafter, after the first day of lanuar nixt-tocum, to bee taken wandering 
and misordering themselues, contrarie to the eifect and meaning of thir pre- 
sentes, salbe apprehended, and vpon their apprehension be brocht befoir the 
Provests and Baillies within the Burgh, and in everie Parochin to Landwart, 
befoir him that salbe constitute lustice be the Kingis Commission, or be the 
Lords of Regalitie, within the samin to this effect : And be them, to bee com- 
mitted in waird, in the commoun prison, stokkes or irons, within their iurisdic- 
tion, there to be keiped, vnlatten to libertie, or vpon bande or sovertie, quhill 
they be put to the knawledge of ane Assise, quhilk salbe done within sex dayes 
thereafter. And gif they happen to be convicted, to bee adjudged to be scourged 
and burnt throw the eare, with ane hote irone : The processe quhairof salbe 
registrate in the Court buikes. Except sum honest and responsall man, will 
of his charitie, bee contented then presentlie, to Act him-selfe befoir the ludge, 
to take and keip the ofiender in his service, for ane haill zeir nixt following 



ANCIENT SCOTTISH LAWS REGARDING THE POOR, ETC. 441 

vnder the paine of twentie pound, to the vse of the pure of the Toun or Parocliin. 

And to bring the ofFendour to the head Court of the jurisdiction at tlie zeires of him quha flyes fra 

end, or then gude pruife of his death, the Gierke taking for the said Acte, ^'' '"'"""'' "'"'°^- 

twelue pennies onely : And gif the offender depart and leaue the service 

within the zeir, against his will that receiuis him in seruice: Then being 

apprehended, he sail be of new presented to the ludge, and be his command, 

scourged and burnt throw the eare, as is foirsaid. Quhilk punischment, being 

anis received, hee sail not suffer againe the like, for the space of three scoir 

dayes there-after, bot gif at the ende of the saidis Ix. dayes, hee be founden to 

be fallen againe in his idle and vagabound trade of life : Then being apprehended 

of new, he sail be adjudged, and suffer the paines of death as a thief. 

And that it may be knawen, quhat maner of persones ar meaned to bee idle Quha suld be 
and Strang beggares, and vagabounds, and worthie of the punischment befoir andldie'blelars""''^ 
specified. IT IS declared, that all idle persones, ganging about in ony Countie 
of this Realme, vsing subtill, craftie, and unlauchfull playes, as luglarie, Fast- 
and-lous, and sik vthers. The idle peopill calling themselues Egyptians 
[gypsies, tinkers, or muggers] or any vther, that f einzies them to haue knawledge 
or Charming, Prophecie, or vthers abused sciences, quhairby they perswade the 
peopill that they can tell their weirdes, deathes, and fortunes, and sik vther 
phantasticall imaginations : and all persones being haill and starke in bodie, and 
abill to woorke, alledging them to haue bene berried or burnt, in sum far pairt 
of the Realme, or alledging them to be banished for slauchter, & vthers wicked 
deides : and vthers nouther hauand land nor Maisters, nor vsing ony lauchfull 
merchandice, craft or occupation, quhairby they may win their livings, and can 
giue na recko