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A46076 An impartial account of some of the transactions in Scotland, concerning the Earl of Broadalban, Viscount and Master of Stair, Glenco-men, Bishop of Galloway, and Mr. Duncan Robertson in a letter from a friend. Friend. 1695 (1695) Wing I65; ESTC R15762 20,378 32

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there is no retrieving For in what sad condition had Esther and the poor Jews been if Haman had conquered Mordecai And it had been better for Haman he had let Mordecai alone Upon which Considerations it were very advisable for Societies if they be any ways split in Parties to take the Wise Man's Advice before they Accuse or Prosecute and to consider three things First their Strength whom they Accuse Secondly the Enterprize and Merit of the Cause And Thirdly the Person or Persons they have to do withal and that in respect of their Superiours Equals or Inferiours c. For as no good Musick so no good Government or Society without Concord which cannot well be without bearing of Injuries And Epicurus said That Wise Men will bear with all Injuries Ardua res haec est where the Publick is concerned I will therefore conclude this Point with a Sentence of Seneca's when in an Epistle to his Friend he was condemning Anger and Choler he adds a But. But says he in case of exemplary and prostitute dissolution of Manners when Clodius shall be preferred and Cicero rejected when Loyalty shall be broken upon the Wheel and Treason shall sit Triumphant upon the Bench. Is not this a Subject to move the Choler of any Vertuous Man Now lest I should weary you too much with a simple Discourse yet knows it is to my Friend only I come to satisfie so much your Curiosity as is in my Power without Reflection or Byass Nam pacis mihi cura temendae Illud amicitiae Sanctum venerabile nomen Sed Dat veniam corvus vexat Censura Columbis Hoc Impedit c. As for the Bishop of Galloway being first in view In the Year 1686. The late King James having sent the Earl of Morray his High Commissioner to Scotland with Instructions to Repeal the Penal Laws against Papists the aforesaid Bishop stood firm to the Protestant Religion and though very infirm went every day to the Meetings of Parliament to give his Testimony against the Courses then in hand for which there was Evil Designs against him but that God removed him in great Age and Peace a little time after the Adjourning of that Parliament He being a Pious Hospital and Generous Man left his Lady being upwards of Eighty Years old but poor His Eldest Daughter was married to one Mr. Patrick Smith Advocate many Years before his Decease His Second Daughter was married to a Parson and the Third was Run away with a little time before his Death by the aforesaid Mr. Duncan Robertson without the Bishop's or any other Friend's knowledge the said Robertson judging her to be a great Prize the other two Daughters being married and she being then the only Child in Familia The aforesaid Mr. Duncan Robertson was a High-land Gentleman's Son bordering upon Athol and Lochquhaber bred up something to the Law at Edinburgh became a Sollicitor that way and practised that Employ when he Run away with and married the aforesaid Bishop's Daughter When the last Earl of Argile was forfeited in those days and his Children scattered here and there and the Estate being sequestred by the then Publick Authority and all Argile's Officers and Friends in his vast Dominions being laid aside he the said Robertson what by Money and Interest he made in those days stept into the Clerkship of the Sheriff-ship of Argile but upon the late Happy Revolution Argile being restored to his Estate the said Robertson was justly excluded from the said Office of Clerkship the same being Heritable in the Earl of Argile and his Families Gift past memory of Man The Lord Viscount Stair he is the Representative of the ancient Family of the Dalrymples of Stair a Barony in the County of Kyle in the West of Scotland he being educated in and endowed with all manner of Learning and Sciences of our Horizon was received into the faculty of Advocates in the year 1648. having before had when but very young a considerable Post in the Army verifying Ovid's Phrase in him Pace data terris ad civilia c. In the year 1650. he was made choice of by the then Parliament to be Clerk or Secretary to the Committee of the Parliament and Ministers went for King Charles II. to Holland where he not only gave great Satisfaction by his behaviour to the Committee of Parliament and all concerned in the said Transaction but likewise King Charles took particular notice of him c. Upon the Restauration of King Charles II. he was Created Knight and Baronet and advanced to be one of the Lords of Session at which time he began to observe and write the Decisions of the Lord of the Session and afterwards digested them with former and after Observations of his own and others in a System or Body these being Presidents or Rules to Decree by afterwards in parallel Cases In the year 1662. The Presbyterian Government being abolished and the Episcopal Government established in Scotland there was a Declaration formed abjuring the Presbyterian Government all its consequences and all the Oaths formerly taken Which Declaration he not being clear to take left the Bench travelled abroad and coming to Court after his Travels King Charles Excused and Restored him to his Place again dispatching a Letter to the Lords of the Session signifying that Sir James Dalrimple of Stair having given him full satisfaction in relation to the said Declaration required them to receive him again to the Bench without signing the same Thus I find it marked in the Books of Sederunt of the Lords of the Session Anno 1664. Then it was that he began to compose a System of the Civil Law intermixt with the Law of Scotland and Practises and Presidents of that Soveraign Court which makes the Law intelligible and known to all the King's Subjects there who can read English When Sir John Gilmor being then President of the Session was called up to Court to draw up the Contract or Articles of Marriage between the Duke and Dutchess of Monmouth the Lord Stair was chosen vice Praeses of the Session as he was several times afterwards when Sir John Gilmor turned infirme And all along when the said Lord Stair was a single Lord of the Session and sitting by turns on the Bench in the outer house where most of the Cases and Processes are heard and decreed in the first instance by a single Lord and where the Judges as to their parts Judgment Justice or Injustice are mostly known having none other of the Lords Votes to interfere with their Judgment He had the greatest Character of Dispatch and Justice of any Man that ever sat upon that Bench all Men being desirous to have their Cases brought and tried before him In the year 1670. he was one of the Lords who went up to Court about the Union designed then between England and Scotland at which time Sir John Gilmore the then President of the Session died
and he was advanced to be President of the Session Upon this step some envied him The Lord President was sent for to Court in March 1676. to have some differences composed when he was offered to be Chancellour which he declined But seeing great Men turning into Factions and fearing the thing which came afterwards to pass intend to go abroad and to desert the Bench In Winter 1679. The Duke of York being sent to Scotland 't was thought by advice of the Duke of Lauderdale for his Safety the President would not adjourn the Session to meet him upon the Road towards Edinburg in Procession with all the Lords of Session as was expected and as most of the Nobility and Gentry of Scotland did giving for his reason in his Speech when he and the rest of the Lords of Session went in their formalities to wait upon the Duke as a Prince of the Blood at the King's Palace of Holyroodhouse the next day after his arrival that the Session could not adjourn themselves being a Constituted Soveraign Court instituted by King and Parliament without the King and Parliament which gave offence as did also another Expression in his said Speech against Popery and Bigotry the Duke then mask'd and not going publickly to Mass In the Spring 1681. the Duke of Rothes Chancellor dying when there was a Commission given by King Charles to the Duke of York to be his High Commissioner for Scotland 't was mightily talked then that the Lord President would be made Chancellor But in that Parliament 1681. the designing Party of the Nobility and Clergy flattering the Duke of York that all would be as he wished matters lookt with a very bad aspect the President could expect no good Yet as God said to the Prophet that there were 7000 in Israel who had not bowed their Knees to Baal there was some of the Clergy many of the Nobility and most of the Gentry who did fore-see the Torrent they laid aside their Private Heats and Emulations joined Hands to stop the Current and by Plurality of Votes though some things did pass current in that Parliament before that time would have been prevented if some Men had not been lull'd asleep they did stop more mischief For the President had drawn up a Test for preservation of Religion Liberty and Property too long to be inserted here made a Speech in Parliament to that purpose and though seconded by very many was thrown out but some of the then Court-Party drew up another Test to their purpose which was carried the very next Morning into the Articles and past current there At the Meeting of the Parliament that Morning the Court Test was presented and read whereupon the Duke of Hamilton the Earl of Argile Haddington c. The Bishop of Dunkell Bruce the Lord Stair President Sir George Lockhart Sir John Cunningham and many others of the several States stood up to oppose the said Test but would not do and all they could gain by the Arguments used was to get the Confession of Faith made concerning the Protestant Religion mentioned in King James the Sixth's Acts of Parliament insert in their Test The inserting of which Confession of Faith the Intriguing Party then not understanding the thing being fond to pass their own Test with any quality without Examination was the very thing made some of the Bishops Nobility and Gentry stand firm against taking away the Penal Laws in the Parliament 1686. They and all the Members of that Parliament having taken the said Test But when the Bishops and others of the then Court-Party after the Adjourning of the Parliament that Evening had met together and considered what they had done in Voting the said Whiggish Confession of Faith as they called it then and procured the Royal Assent thereto went in a Body to the Duke of York and exclaimed against the Lord Stair President as the only Man who had wheedled them in the matter by surprize but were told the thing could not be helped then being it was past the Royal Assent but that the Contrivers should be Animadverted upon and in some few days that Parliament being adjourned and the President in disgrace he retired to the Country sent his Son Sir John Dalrymple now Master of Stair to the Duke to signifie that seeing his Father was not pleasing to his Royal Highness he intended to go to Court and give up his Commission to the King his Master who gave it to him Upon the Delivery of which Message the Duke of York being surprized dispatched Coll. Graham then his Privy Purse Post to the King to give Account of the Lord President 's Behaviour which was the occasion the President had no Access to the King when he went to Court but the King desired to tell him that he might live at home privately under his Protection Upon which Assurance he went to his Country House in Scotland did not live there long without an Alarm which obliged him to repair privately to Edinburgh to advise his Safety nor was he long there when there was a Warrant to seize him upon which he went incognito to Holland For certainly his Fate had been the same which was the late Argile's if he had staid at home when in Holland there were Ruffians sent to seize him but by Providence made his escape to corners diverting himself there with the Conversation of the Schoolmen and Scholars of the two Famous Universities of Leyden and Vtricht and then writ a System of Natural Philosophy His Lady was harrass'd and forced to fly to Holland also His Houses made a Receptacle of Souldiers His Heritable Office taken from him and his Tenants spoiled The then Government raised Process of Treason several times against him But they could not reach his Estate by all the stretches of Law were made In the Year 1687. King James sent him a Remission to Holland which he slighted judging himself guilty of no Crime deserving a Remission and being safe under the Protection of the Prince of Orange and the States of Holland rested satisfied In November 1688. He the said President came over with the Prince of Orange now our Gracious King His Majesty being pleased to communicate his Resolutions to him as a Man fit to give and keep Counsel Sir George Lockhart being President of the Session when the King came over but being unfortunately murdered in March 1689. by a base Ruffian for pronouncing an Unjust Sentence against him as he alledged though no such thing my Lord Stair was re-established in the President 's Chair again In the Year 1690. he is created Viscount of Stair Lord Dalrymple and Glenluce And though this hath been an Age where meaner Men were ashamed to serve God in their Families I will add this one good Quality more to him that he besides his Private Devotion was never a day in the worst of Times but he read the Scripture and prayed himself twice in his Family were there never so