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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