w ;i'^,
 
 Ex Libris 
 C. K. OGDEN 
 
 r 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 DOMESTIC DETAILS 
 
 SIR DAVID HUME 
 
 OF CROSSRIG, 
 
 ONE OF THE SENATORS OF THE COLLEGE 
 OF JUSTICE : 
 
 APRIL 28, M.DC.XCVIL— JANUARY 29, 
 M.DCC.VII. 
 
 EDINBURGH: 
 THOMAS G. STEVENSON, 
 
 87, PRINCES STREET, 
 M.DCCC.XLIII.
 
 IMPRESSION. 
 
 SEVENTY COPIES ON SMALL PAPER. 
 
 TWENTY-FOUR COPIES ON LARGE PAPER. 
 
 ONE COPY ON VELLUM. 
 
 ALF.X. LAUKIE & CO. PRlNTERf; TO HEE MAJESTY.
 
 
 PRELIMINARY REMARKS. 
 
 HE particulars relating to Sir 
 David Hume of Crossrig are 
 neither numerous, nor, as re- 
 gards pure history, important ; 
 but, scanty as they are, more may be de- 
 rived from the ensuing pages than from 
 any other source hitherto accessible. And 
 these exhibit, in a manner almost, if not 
 entirely, unique, the occupations of one 
 who, nearly two centuries ago, appears to 
 have had professional cares in his private 
 capacity as a gentleman, infinitely beyond 
 
 '\jbl6>C2 V
 
 IV PRELIMINARY REMARKS. 
 
 those which fell to him in his character of 
 a Judge of the Supreme Court. Were 
 we not assured to the contrary, we should 
 unquestionably view this " Accompt of 
 his Estate and Fortune" as the written 
 confession of a well-meaning, hard-plod- 
 ding attorney of a school, even yet, not 
 absolutely extinct. 
 
 When Mr. Hope (now Lord Justice 
 Clerk) presented as his contribution to 
 the Bannatyne Club, in 1828, Sir David 
 Hume's " Diary of the Proceedings in 
 the Parliament and Privy-Council of 
 Scotland, May 21, MDCC— March 7, 
 MDCCVH," he stated, that of its writer 
 he had " not been able to obtain much 
 information ;" and, indeed, what he did 
 obtain was, comparatively speaking, no 
 information at all. To the courtesy of 
 Captain Home, of her Majesty's 6th or 
 Royal 1st Warwickshire Regiment, we 
 are indebted for the manuscript, now for 
 the first time printed. All that previous-
 
 PRELIMINARY REMARKS. V 
 
 ly could be procured concerniog the diarist 
 is collected in Messrs. Brunton and Haig's 
 very useful " Historical Account of the 
 Senators of the College of Justice ;" but 
 it will be seen, that even that notice is 
 not altogether perfect. Mr. Hope incor- 
 rectly stated the orthography of the Sena- 
 tor : each page of this MS. Diary being 
 signed David Home." But, in accord- 
 ance with modern pronunciation and 
 spelling, the headline and title-page of our 
 little volume carries Hume. 
 
 As it is unnecessary here to recapitu- 
 late the information afforded by the Diary, 
 it may suffice, in correction of a mistake 
 in the work of Messrs. Brunton and Haig, 
 above referred to, to note that Sir David's 
 second wife was a grand-daughter of Sir 
 Alexander Swinton, and not a daughter^ 
 as there stated. See Diary, p. 28. 
 
 Sir David was the author of a small 
 volume, entitled " Advice to a Daughter, 
 in a Letter from Mr. David Hume, Edin.
 
 VI PRELIMINARY REMARKS. 
 
 burgh ; printed by J. Reid, for W. Gray, 
 Front of the Exchange, 1771," 12mo. 
 The identity of the author with Lord Cross- 
 rig is certified in the " Advertisement" 
 prefixed to it, and a manuscript note, on 
 the title-page of a copy belonging to Mr. 
 Charles Kirkpatrick Sharpe, informs us 
 that the Preface is by " Alex'' Belches, 
 Esq. Advocate." The letter of Consola- 
 tion to his Daughter, whose name does 
 not appear, is dated "Edin"" April 1701." 
 
 Mr. Sharpe is likewise in possession of 
 a portrait of Lord Crossrig, in his official 
 robes, painted by young Medina, son of 
 Sir John. This represents his Lordship 
 as a quiet, comfortable, cosi/Aooking per- 
 son, with the expression rather of a 
 country squire than of one " learned in 
 the laws." 
 
 It will be seen by his Diary, (p. 29,) 
 that he had a wooden leg. The nature 
 of the injury which produced this tran- 
 substantiation does not appear.
 
 PRELIMINARY REMARKS. Vll 
 
 Sir David Hume died April 13, 1707, 
 fft. 64. Laying out of view the hollow 
 panegyrics of venal scribblers, enough 
 may be gathered from his Diary and 
 " Occurrents" to mark his character as a 
 good, easy, friendly sort of man, distin- 
 guished rather for sound common sense 
 than for any superior intellect, and appa- 
 rently better qualified for the station of a 
 factor or arbiter than for that of a Lord 
 of Session. There have been many con- 
 temptible individuals on the Bench, as 
 well before as since the days of Lord 
 Crossrig; and that, perhaps, is a more 
 wholesome memory which his Lordship 
 has bequeathed to posterity, — the fame of 
 an honest, rather than of a talented man. 
 The following doggrels, printed on his 
 Lordship's demise, are extracted from 
 Mr. Maidment's singular and quaint Col- 
 lection of " Scotish Elegiac Verses," re- 
 cently published.* 
 
 * Edinburgh : T. G. Stevenson, 1843. 8vo.
 
 Vlll PRELIMINARY REMARKS. 
 
 ELEGY UPON THE MUCH TO BE LAMENTED 
 DEATH OF THE RIGHT HONOURABLE SIR 
 DAVID HUME OF CROSSRIG, ONE OF THE 
 SENATORS OF THE COLLEGE OF JUSTICE, 
 AVHO DEPARTED THIS LIFE APRIL 13, 1707. 
 
 True grace and virtue are such special things. 
 
 They sweeten gall, and blunt the pointed stings 
 
 Of death and hell, and other plagues that rage 
 
 'Gainst sinful man in this corrupted age. 
 
 The pious soul is perfectly secure 
 
 'Gainst all that's ill and all that can devour — 
 
 'Gainst wasting sickness and all tormenting pain ; 
 
 Yea ev'n against the whole infernal train 
 
 Of maladies and furies much enrag'd. 
 
 He rests in safety, being closely hedged 
 
 About with ramparts of Salvation strong, 
 
 No cross can harm, no plague can do him wrong, 
 
 When death in his most formidable hue 
 
 Arrests the just, requiring what's his due. 
 
 The pious patient with a smiling face 
 
 The ghostly Sergeant does with joy embrace. 
 
 Bids him proceed, and welcom do his will : 
 
 And the' he may the feeble body kill. 
 
 His better part is from his dint secure, 
 
 And shall on wings haste to a place more pure.
 
 PRELIMINARY REMARKS. IX 
 
 When it for ever shall with hallowed light 
 O're shaded be, and fill'd with all delight. 
 Why then should those who are the kindred near 
 Of just men, mourn to want their presence here .'' 
 Yea mourn, why mourn ? good cause they have to 
 
 mourn 
 For want of those who wroth away did turn 
 By fervent pray'r, and by whose counsel good. 
 And bright example ill they have withstood ; 
 But on this news which now doth reach our ears, 
 A more extensive cause of grief appears. 
 Not kindred only should this loss lament. 
 But all the nation may the same repent : 
 A person of a blameless holy life, 
 A friend of concord, enemy of strife, 
 Deny'd to worldly pleasures and to pelf, 
 Extreamly humble and deny'd to self; 
 Most zealous for the Church, kind to the poor. 
 Upright in j udgement, on decission sure. 
 Patient in crosses, meek in prosperity, 
 Of easy access, and much courtesy. 
 The Orphans friend, the Widows sure defence. 
 And without bribes he j ustice did dispence. 
 When such a one as he departs from hence 
 The loss is gen'ral, tho' to him great gain 
 To be above the pow'r of guilt and pain.
 
 X PRELIMINARY REMARKS. 
 
 As in the course of the Diary Sir 
 David repeatedly makes allusion to those 
 affairs of private individuals whereof he 
 had the management, and of the disas- 
 trous fire wherein so many writs perish- 
 ed, it has been deemed advisable to re- 
 print, by way of Appendix, the special act 
 passed in his favour for proving the tenor 
 of those writs. This will afford some idea 
 of the number of proceedings with which 
 his Lordship was concerned. 
 
 To these trifling introductory para- 
 graphs, a few notes are appended, ex- 
 planatory of individuals or incidents oc- 
 curring in the Diary. 
 
 mc. %. 13. m. ^. 
 
 Edinburgh, 25, Great King Strek;', 
 Eastek Monday, 1843.
 
 NOTES, 
 
 Page 5, line 13. — I entered hajin. — 
 In Principal Lee's distinct precis of the 
 History of Edinburgh College, prefixed 
 to "the Edinburgh Academic Annual," 
 — Edin. 1840, p. xxv, — this singular 
 word, as well as the system with which 
 it was connected, is explained as follows. 
 It is unaccountably omitted in Dr. Jamie- 
 son's Dictionary of the Scottish Lan- 
 guage. 
 
 " From the earliest time the regents 
 and other professors have been well se- 
 lected. It may not be unnecessary here 
 to explain the meaning of the term regent. 
 In the older Universities every student,
 
 Xll NOTES. 
 
 when he attained the dignity of Master 
 of Arts, acquired the faculty of teaching 
 the branches of learning which were known 
 by the title of the liberal arts. But 
 though all were understood to be quali- 
 fied to teach, and, in certain circumstances, 
 might claim the privilege, all could not 
 be selected to take charge of classes. 
 The practice varied in different Univer- 
 sities, and it would be a waste of time to 
 enter into the meaning of the distinctions 
 of magistri regentes and non-regentes, 
 regentes necessarii and regentes ad pla- 
 citum. The regents in Edinburgh and 
 other Universities of Scotland, were the 
 teachers who conducted the academical 
 youth through the entire course of philo- 
 sophical study, which it was necessary to 
 complete before they could become Mas- 
 ters of Arts. In Edinburgh, for instance, 
 there were four regents, every one of 
 whom had charge of a class, from the 
 period of its first enrolment till the ter-
 
 NOTES. Xlll 
 
 mination of the fourth session, and it was 
 his duty to teach in succession, the seve- 
 ral branches of Logic, Rhetoric, Moral 
 Philosophy, Natural Philosophy, and such 
 kindred studies as were most intimately 
 connected with these branches of learn- 
 ing. After the Reformation the study 
 of the Greek language was expressly re- 
 quired, and whereas no one was admitted 
 to enter on the study of dialectics, who 
 could not write promptly and congruously 
 in Latin verse, or at least in Latin prose, 
 to the satisfaction of the Dean of Faculty, 
 or other examiners, it was expressly 
 ordered that no books of philosophical 
 study should be used in any College, ex- 
 cept such as were written in pure Greek 
 or Latin, such as those of Aristotle, Plato, 
 Xenophon, and Cicero. The institution 
 of Professor of Humanity became neces- 
 sary, in consequence of the imperfect pre- 
 paration of many students for speaking 
 and writing correctly and readily in the
 
 XIV NOTES. 
 
 Latin tongue. The students of the first 
 year, who entered on the first of Octo- 
 ber, and prosecuted their studies eleven 
 months, having a vacation of only one 
 month, were called Bajans, an appella- 
 tion which has puzzled etymologists, some 
 of whom derive it from the French has 
 gens, and others from bee jaune. There 
 is no doubt that the word is derived 
 from the Latin pagani, rustics who re- 
 quired to be civilized, or humanized,* 
 though enlisted among the cives acade- 
 mice ; in the same manner as the name 
 pagani was anciently given to the Ro- 
 man conscripts, or raw recruits, before 
 they were allowed the honourable name 
 
 * The change of the P into B, in many similar 
 words, does not require to be pointed out. Thus 
 Ave have bedeUus (another academical title) formed 
 from pedeUus ( viator, or apparitor). In the 
 same manner, from parler we have the Scottish 
 word birlyman or barleyraan (an arbiter), and 
 children universally, when calling for a truce, say 
 a barley, instead of a parley.
 
 NOTES. XV 
 
 of milites, and to the lowest order of the 
 plebs urbana, before they rose to the ma- 
 ture dignity of citizens of Rome. The 
 students of the second year continuing 
 under the same regent, were called the 
 semi class, or the semi-bachelors* 
 Their session, and that of the following 
 year, were also of the duration of eleven 
 months. The regent of the third year 
 had the management of the same youths, 
 under the title of the bachelor class, be- 
 cause they might become bachelors of 
 arts, or determinantes, before the end 
 of that year ; and the fourth year they 
 reached the higher dignity of magis- 
 trandsy because they generally obtained 
 the title of magistri at the close of the 
 session, about the end of August. The 
 examinations for degrees were very strict, 
 and according to the proficiency of the 
 student, he might obtain higher or lower 
 distinctions. The attendance of the re- 
 gents on their respective classes was most 
 
 * Sometimes called the semi-bajan class.
 
 XVI NOTES. 
 
 assiduous, — and the hours of tuition were 
 as numerous in every such class as they 
 are generally in grammar schools. Every 
 regent required his scholars to take down 
 in writing, and commit to memory, his 
 dictates, or the general heads of his sys- 
 tem of instruction on every branch of 
 philosophy. At the time when RoUock 
 studied and taught at St. Andrews, the 
 Dialectics of Peter Ramus had in a great 
 measure superseded the Organon of A- 
 ristotle in that University, as it had about 
 the same time in the University of Cam- 
 bridge,* and Ramus cannot be acquitted 
 
 * In 1584 a work on the philosophy of Ramus 
 was published at Cambridge by William Temple, 
 who, about the same time, prefixed a Preface to the 
 Metaphysics of James Martin of Dunkeld, profes- 
 sor of Philosophy at Turin, In 1576, Roland 
 ]\Iakilmane, a Scotsman, had published the Dia- 
 lectics of Ramus at London. The Dictates of 
 Malcolm or Logic, as taught in St. Leonard's 
 College, prove, that about the year 1580, the sys- 
 tem of Ramus was introduced into that seminary, 
 while Rollock was Regent at St. Andrews.
 
 NOTES. XVll 
 
 of arrogance ; but he had the merit of ex- 
 posing and refuting many of the unsound 
 positions in the AristoteHan philosophy, 
 and introducing a freedom of discussion, 
 which few pubhc teachers had ever ven- 
 tured to practise till he set them the 
 example." 
 
 Page 6, line 19- — Mr. Lighton. — 
 Robert Leighton, subsequently Bishop 
 of Dumblane and Archbishop of Glas- 
 gow, temp. Car. II. He bequeathed his 
 library to the Cathedral of Dumblane, 
 for the use of the clergy of that dis- 
 trict. To a pretty account has it been 
 turned ! ! 
 
 Page 7, line 13. — I pointed the broad 
 de Quadratura Circuli. — This probably 
 means that he carried off the chief prize 
 in the mathematical class. But that bar- 
 barous species of scholastic slang, which 
 seems to have been current in the paltry 
 Scotch seminaries, passes all modern com- 
 prehension, 
 
 h
 
 XVlll NOTES. 
 
 Page 19, line 8-17. — / was happily 
 married — with power to dispose of 2000 
 mks. thereof. — There is much confusion 
 here, but the main difficulty may be thus 
 solved. Barbara Weir was neither more 
 nor less than Barbara Laurie. The fa- 
 mily of Weir of Blackwood terminated 
 in a female, who married a Laurie ; when 
 the latter name was sunk to preserve the 
 former. Singularly enough, a similar 
 termination occurred at a later period, 
 when the last of the Weirs or Veres 
 married one of the house of Hope. How 
 Sir David could dispose of 2000 merks, 
 when he had only half that sum, does 
 not very clearly appear ; but so it stands 
 in the MS. 
 
 Page 21, line 2. — George Dallas of 
 St. Martines. — He was a very eminent 
 conveyancer, and author of a " System 
 of Stiles, as now practicable within the 
 kingdom of Scotland : Begun in the 
 year 1666, and had its period dnno
 
 NOTES. XIX 
 
 1688." Edin. 1697, folio. In the dedi- 
 cation to John Earl of Tullibardine, Lord 
 Secretary of State for Scotland, Dallas 
 mentions that he had charge of the 
 Athol estates for many years. His col- 
 lection of styles was, for a century, in 
 general use, and even now may be con- 
 sulted with no small advantage. The 
 following particulars relating to his family 
 are extracted from the Session papers, in 
 a dispute as to the estate of North New- 
 ton, kindly communicated to the Editor 
 by Mr. Maidment. 
 
 George Dallas had a son, James, who 
 married Elizabeth Riddel. T|ie father 
 was a party to the marriage-contract, dated 
 21st February 1683, and bound himself 
 to infeft his son and the heirs-male of his 
 marriage in the lands of St. Martins, in 
 the shire of Cromarty. There was a de- 
 claration that this estate might be sold, 
 and the produce vested in " lands in the 
 South." The father thereafter sold St.
 
 XX NOTES. 
 
 Martins, and purchased the lands of 
 North Newton in the county of Stirhng. 
 Infeftment passed in favour of James 
 Dallas and his spouse. 
 
 Elizabeth Riddel having died, James 
 Dallas married in 1703 Barbara Cock- 
 burn, by whom he had issue. She ob- 
 tained a great ascendancy over him ; and 
 besides other, advantages, contrived to 
 make him execute an entail of North 
 Newton, 13th November 1733, " and of 
 a jewel worth £500, and a toadstone 
 ring." By this deed the rights of the 
 eldest son of the first marriage were 
 materially impaired. Not content with 
 this, on the 4th August 1740, he executed 
 a disposition of the toadstone ring and 
 the "great jewel," with all his mov^eables, 
 in favour of William, the oldest son of 
 the second marriage. He died shortly 
 thereafter. 
 
 George, the eldest son, married, and 
 had a son named James, who eventually 
 succeeded to North Newton.
 
 NOTES. XXI 
 
 The rental of the estate is represented 
 as being between £60 and £70 sterling, 
 prior to 1757. Until within these few 
 years, North Newton was in the posses- 
 sion of the descendant of old George. It 
 is now the property of other parties. 
 
 There was another son of the second 
 marriage named Stewart Dallas. 
 
 Page 28, line 18.— ilir. Thomas Pater- 
 son. — We are informed by Lord Foun- 
 tainhall, that Paterson and four other 
 parsons were deposed by the Bishop of 
 Edinburgh in December 1682, and their 
 effects escheated, " because they had 
 preached after the 1st of January 1682, 
 without taking the Fast, contrare to the 
 late Act of Parliament." — Historical Ob' 
 serves, Bannatyne Club edition, p. 84. 
 
 Page 34, line 6. — Polwart fled in the 
 Harvest. — This was Sir Patrick Home, 
 afterwards 1st Earl of Marehmont. See 
 the interesting narrative of his escape in 
 the Memoirs of his daughter. Lady Grizel
 
 XXll NOTES. 
 
 Baillie, by Lady Murray of Stanhope, 
 edited by Thomas Thomson, Esq. and 
 printed for private circulation, 8vo. Edin- 
 burgh, 1822. 
 
 Page 28, Hne 19- — Lord Kemney. — 
 Sir George Nicolson of Kemnay, raised 
 to the bench in 1682, in room of Sir 
 George Gordon of Haddo, appointed 
 Lord Chancellor in June of that year. 
 
 Page 47, line 1. — Lord CoUnton. — 
 Sir James Foulis of Colinton, a fine old 
 Cavalier, elevated to the bench in Febru- 
 ary 1661, presented to the office of Jus- 
 tice-Clerk in same month 1684. 
 
 Page 38, line 10. — Lord Carse. — Sir 
 Patrick Lyon of Carse, formerly Profes- 
 sor of Philosophy at St. Andrews. He 
 was deprived of office at the Revolution. 
 His Lordship collected the Decisions of 
 the Court from 1682 to July 1687, and 
 made some genealogical gatherings, still 
 extant in MS. in the Advocates' Library. 
 
 Page 49, line 17- — Lord Newbaith. —
 
 NOTES. XXIU 
 
 Sir John Baird of Newbyth, created a 
 baronet by K. Chas. II. appointed to 
 the bench in January 1667, in room of 
 Sir George Mackenzie of Tarbet, super- 
 seded. He collected the decisions of the 
 Court from November 1664 to February 
 1667, and '• Practicks" from 1664 to 
 1690. His MSS. are still in the Advo- 
 cates' Library. 
 
 Page 52, line 5. — Lord Presmennan. 
 — Robert Hamilton of Presmennan, ap- 
 pointed to the bench in 1689. 
 
 Page 54, line 2. — The fire happened 
 in the Meal-Market. — Of this disastrous 
 event, specially noticed in the Act of 
 Parliament printed in the Appendix, and 
 formerly referred to, the best account is 
 in the following letter from M"". Forbes, 
 to his brother Col. Forbes, 6th February 
 1700. Culloden Papers^ p. 27. Lord 
 Crossrig figures in it in an interesting 
 manner. His " happing" is explained 
 by p. 29 of the Diary.
 
 XXIV XOTKS. 
 
 " D". Brother, 
 
 I know not if this comes to yo' hand, 
 because it goes in the Aberdeen's Bag, 
 ther being none going off for Inverness 
 with the Mounday's post. My last was 
 with humbleng news, & this with news 
 more humbleng. Upon Saturday's night, 
 by ten a Clock, a fyre burst out in M^ 
 John Buchan's closet window, towards 
 the Meall Mercate. It continued whill 
 eleven a-clock of the day with the greatest 
 frayor & vehemency that ever I saw 
 fyre do, notwithstanding that I saw Lon- 
 don burne. 
 
 Ther are burnt, by the easiest compu- 
 tation, betwixt 3 and 400 familys ; all 
 the pryde of Eden'' is sunk ; from the 
 Cowgate to the High Street all is burnt, 
 & hardly one stone left upon another. 
 The Commissioner, President of the 
 Pari*, Pres* of the Session, the Bank, 
 most of the Lords, Lawyers, & Clerks, 
 were all burnt, & many good & great
 
 NOTES. XXV 
 
 familys. It's said just now by S' John 
 Cochran & Jordan- hill, that ther is 
 more rent burnt in this fyre then the 
 whole City of Glasgow will amount to. 
 The Parliament House very hardly escapt; 
 all Registers confounded ; Clerks Cham- 
 bers, & processes, in such a confusion, 
 that the Lords & Officers of State are 
 just now mett atRosse's Taverne,in order 
 to adjourneing of the Sessione by reason 
 of the dissorder. Few people are lost, if 
 any att all ; but ther was neither heart 
 nor hand left amongst them for saving 
 from the fyre, nor a drop of water in the 
 Cisternes : twenty thousand hands flitting 
 ther trash they know not wher, & hardly 
 20 at work. These babells, of ten and 
 fourteen story high, are down to the 
 ground, and ther fall's very terrible. 
 Many rueful spectacles, such as Corserig 
 naked, with a child under his oxter, hap- 
 ping for his lyffe ; the Fish Mercate, & 
 all from the Cow Gate to Pett Street's
 
 XXVI NOTES. 
 
 Close, burnt ; the Exchange, waults, and 
 coall cellars under the Parliament Close, 
 are still burneing. This Epitome of dis- 
 solution I send you, without saying any 
 more, but that the Lord is angry with us, 
 & I see no intercessor. Tell your 
 Wyffe her friends are weell ; & if this 
 come to hand, send it to my Wyffe how 
 soon you have read it. I bid you adieu, 
 and am, 
 
 Y' Lo^ bro^' to serve you, 
 
 D. Forbes. 
 
 Page 56, line 19- — Lord Mersington. 
 — Alexander Swinton, second son of 
 Swinton of that Ilk, appointed to the 
 bench June 1682, in room of Lord Ed- 
 monstone, superseded. He was found 
 dead in his bed, August 1700. He was 
 a fanatical presbyterian, and assisted at a 
 gross and sacrilegious outrage perpetrat- 
 ed by the vile rabble of Edinburgh, upon 
 the Abbey of Holyrood and the Catho-
 
 NOTES. XXVU 
 
 lies, at the time of the Revolution. See 
 Lord Balcarres' Memoirs, Bannatyne 
 Club edition, p. 16. 
 
 Page 60, line 16. — Commissar Dal- 
 rymple. — The celebrated Sir James Dal- 
 rymple, afterwards Lord Viscount Stair. 
 
 Page 61, line 21. — Sir John Home 
 of Renton, then Justice-Clerk. — This 
 gentleman was an eminent loyaHst, and 
 suffered severely in his estates for his 
 faithful adherence to King Charles I. 
 That prating puritan, Wodrow, whose 
 censure is highest praise, says of him 
 that " he was one of the greatest zealots 
 for the prelates in Scotland." 
 
 Page 62, line 22. — Linthill. — Thomas 
 Kincaidof Auchinreoch, Surgeon- Apothe- 
 cary in Edinburgh. He was proprietor, 
 among others, of the lands of Linthill in 
 Berwickshire. 
 
 Page 68, line 8.— i¥r. George Mel- 
 drum. — Mr. Meldrum was Professor of 
 Divinity in the College of Edinburgh,
 
 XXVlll NOTES. 
 
 and one of the city ministers. He died 
 18th February 1709, aged 75. A " Pin- 
 darick Ode" to his memory, was printed 
 by the heirs and successors of Andrew 
 Anderson, 1709, 4to, pp. 8. 
 
 From a statement in the address to the 
 reader, it would seem that he was Pro- 
 fessor of Philosophy in Marischal College, 
 Aberdeen, in the sixteenth year of his 
 age! ! 
 
 Like similar effusions the " Pindarick 
 Ode" is sad stuff. The anonymous 
 author concludes in the following strains. 
 
 Parewel, blest Saint, then adds the Muse, 
 
 My Verse like thee, 
 
 Shall never die; 
 But all the Title I can have to Immortality, 
 
 Is, that I did this Subject chuse. 
 
 For I shall live in thee. 
 
 Not thou in me ! 
 
 Page 72, line 18. — Camphire. — Camp- 
 vere. 
 
 Page 84, Hne 8. — My servant M\ Tho-
 
 NOTES. 
 
 XXIX 
 
 mas Buchannan. — rormerly the clerks 
 and apprentices of Judges, Advocates, 
 and Agents, were styled servants or ser- 
 vitors.
 
 AN ACCOMPT 
 
 OF 
 
 MY ESTATE AND FORTUNE, 
 
 (so FAR AS I CAN REMEMBER,) 
 EVER SINCE I HAD ANY. 
 
 BEGUN TO BE WRITTEN 
 WEDNESDAY, APRIL 28, 1697. 
 
 FOR MY OWN AND MY SUCCESSORS, INFORMATION.
 
 ACCOMPT OF MY AFFAIRS, 
 
 EDINBURGH, WEDNESDAY, APRIL 28, 1697- 
 
 Un Hallow even, being the last of Oct^ 
 1657, my father, the Laird of Blackader, 
 died, I being then past 14 years on 23d 
 May 1657, for I was born 23d May 1643. 
 
 There were left then my mother, who 
 had her jointure out of the west side of 
 Blackader town, Whitelaw, and the Loch 
 of Blackader, as the charter bears, dated 
 May 5, 1631. 
 
 There were of children my elder brother 
 John ; and sisters, — besides the Lady Ny n-
 
 4 DOMESTIC DETAILS BY 
 
 welles, then married to Nynwelles, named 
 Margarite, — unmarried, Katharin, Jean, 
 and Isabell. 
 
 Our father made a band of provision, 
 so as wherin he provided me to 10,000 
 merks, Katherin to 9,000 merles, Jean to 
 6,000 merks, Isabel! to 5,000 merks, 
 dated Sept^ 17, 1657, registrate in the 
 books of the Commissioners for adminis- 
 tration of Justice, Feb^. 3, 1659- 
 
 Katherin was married to Robert Home 
 of Kimmergheme in Sepf. 1659. Jean 
 died of a feavour at Blackader in May 
 1668. Isabell was married to Patrick 
 Cokeburn of Borthwick, in my mother's 
 house, and at my expenses, in June 1674. 
 
 The band of provision is payable the 
 first term after my father's decease, with 
 annualrent thereafter, and hath in it a 
 special clause of substitution, viz. — And 
 in case it shall happen any of my saids 
 four children to decease before their mar- 
 riage, that then, and in that case, the equal
 
 SIR DAVID HUME. 
 
 half of my saids childrens portion swa de- 
 ceasand, shall return to the said John 
 Home, my eldest son, (who is bound in 
 the band,) his heirs and successors what- 
 soever, and the other equal half thereof 
 to be equally divided amongst the rema- 
 nent of my saids children, particularly 
 above named, swa survivand. 
 
 I did never chuse curators. I had not 
 much adoe. My mother and brother 
 gave me, or debursed money, as I had 
 occasion. 
 
 In Nov^ 1657, I entered bajin in the 
 College of Edinburgh — had Mr. John 
 Wischart for my regent. 1 was boarded 
 with Isabell Edington, spouse to Matthew 
 Granns, and payed 50]b in the quarter 
 all that year. In my semie year 1 was 
 boarded in one Mr. Nisbet's, whose fa- 
 ther was a minister, and wrote on Peter. 
 I payed only 40lb in the quarter with 
 him, and all the rest of time I was at the 
 College.
 
 b DOMESTIC DETAILS BY 
 
 At this time, the 11th of March was 
 solemnly keeped by the semies, in going 
 to the foot-ball on the Borrow Moor, con- 
 trary to the orders of the College. I, 
 with some other semies, did foolishly 
 engadge my self with an oath, Ita me 
 Deus amet, to keep that custom of going 
 to the foot-ball ; and tho' 1 was most 
 earnestly entreated the night before by my 
 regent not to go, yet out of conscience 
 of my oath, (as I thought,) I went ; and 
 because I would not submitt to the disci- 
 pline by whipping in the class, I was forc't 
 to leave the College, and went to Black- 
 ader till the sitting down of the College 
 next year. 
 
 I had the favour procured me by Sir 
 Thomas Dundass of Arniston, my uncle, 
 his interest with Mr. Lighton, the Prin- 
 cipal of the College, to be admitted in 
 Nov"" 1659, and I entered again semie, 
 with Mr. Thomas Crawford, and was 
 boarded again with Mr. Nisbet as for-
 
 SIR DAVID HUME. / 
 
 merly, afterwards at Eupham Nicolson's, 
 allwayes at 40ft) in the quarter, being 
 during the vacance at Blackader. 
 
 I was laureate in anno 1662, by Mr. 
 Thomas Crawfurd. Our theses were 
 dedicated to the Duke of Lennox, and I 
 being president amongst the magistrands, 
 I had the honour to present the theses 
 to John Earle of Midleton, then his Ma- 
 jestie's High Commissioner. I defended 
 the theses at the laureation, and the 
 Viscount of Kingston was one that im- 
 pugned. I pointed the broad de Quad- 
 ratura Circuli. 
 
 My brother being married to his cousin- 
 german, Mary Dundass, daughter to Sir 
 James Dundass of Arniston, in April 1 660^ 
 and my mother being with them at Black- 
 ader, and not that friendship betwixt them 
 that should have been, my mother did, 
 before March 1662, come to Edin"", wher 
 she lived till the month of . . . 1678, 
 in which she died, and was buried in the
 
 8 DOMESTIC DETAILS BY 
 
 Grayfriars, besides the Earl of Morton's 
 tomb. 
 
 At Martimass 1657, it was agreed be- 
 twixt Blackader and his mother there 
 should be no difference made betwixt 
 their estates till Whitsunday 1658, and 
 it was that reasonable, that the three 
 sisters should quit a 3rd part of their 
 annualrents for that half-year, for defray- 
 ing the charges of the house-keeping. 
 As also it was advised the laird and his 
 mother should live together after Whit- 
 sunday 58. In order to which, the lady 
 and her daughters were to contribute 
 1300 mks. or at least 500 mks. and 3 ch. 
 8 bolls victuall for the lady, and 300 mks. 
 for the three daughters. 
 
 May 7, 1660. — There is an agreement 
 betwixt the lady and her son, whereby 
 she accepts of the third part of the house- 
 hold plenishing, and renounces all further 
 claim to a third (tho' not excluded from 
 it by her contract of marriage), and the
 
 SIR DAVID HUME. 9 
 
 laird obliges himself to warrant her at 
 the hands of his father's creditors. Like- 
 as the lady setts her jointure lands to 
 the laird, with the vicarage and person- 
 age teinds, during all the dayes of their 
 lives, conjunctim, secluding therefrae his 
 heirs, executors, or assigneyes whatsom- 
 ever, declaring his entry to the houses 
 and grass to have been at Whitsunday 
 1659, and to the arable ground after the 
 separation of the crept from the ground 
 that year 59. And the laird is to pay 
 yearly 1000 mks. at two terras, beginning 
 the first term's payment at Lam. 1660, 
 and yearly 7 chalders victual, 4 of bear, 
 3 of meal, with the measure he received 
 his farm meal, at least so much of it as 
 payed by the milns, beginning the first 
 term's payment of the victual betwixt 
 Yule and Candlemass, in the year 1661 ; 
 and the laird is to carry the victual to 
 Berwick, or any other place at no further 
 distance ; and the laird is obliged, for
 
 10 DOMESTIC DETAILS BY 
 
 the lady's more thankful pay of money 
 and farm, to grant assignations upon such 
 tennents as the lady shall demand, 6 
 weeks before each term, her acceptation 
 of an assignation freeing him for that 
 term. And it is declared by the laird, 
 that in case the lady shall depart this 
 life after the term of Whitsunday, that 
 the Lammass term's dutie of the seluer 
 rent, and the half of victual payable be- 
 twixt Yule and Candlemass thereafter, 
 shall pertain to her executors ; and if she 
 shall survive the Martimass, they shall 
 have right to the whole victual, and to 
 the Candlemass term's duty of the money, 
 with a clause irritant, in case one term 
 run into another unpayed. This contract 
 was drawn by direction of Arniston, who 
 was brother to the lady, and at that time 
 father- in-law to the laird. 
 
 My brother was in use for his conveni- 
 ency of the meal to his house to pay, and 
 my mother to receive, for several years
 
 SIR DAVID HUME. 11 
 
 thereafter, 60 bolls of oats for 3 ch. of 
 meal. As also I find an assignation by 
 him to her on George Hog, in East 
 Mains of Tichwick, for l6llb 2s. 2d, and 
 on Robert Lyle, in the said East Mains, 
 for 16 lib 2s. 2d ; bearing also that the 
 lady had granted him a discharge of 500 
 mks. for the term of Candlemass 1661, 
 dated Feb. 6, 1661. There is another 
 assignation on the same persons for the 
 like sums, bearing a discharge of 500 mks. 
 for Lam. 1661, dated August 8, 1661. 
 I find none other, and if there by, it will 
 appear by the discharge of the term's 
 rent in Blackader's charter chest. 
 
 I find at the Mart. 1663, my brother 
 was resting me of annualrents 608tb 3s. 
 8d. whereof I received, Dec^ 11, 1663, 
 2001b 2s., so as thereafter there was rest- 
 ing to me only 4081b Is. 8d., to which 
 adding the Whitsunday's annualrent 1664, 
 viz. 2001b, the most that could be owing 
 me then of annualrents was 608ib Is. 8d.
 
 12 DOMESTIC DETAILS BY 
 
 Being then major, I did count with my 
 brother, and can not be positive what was 
 resting, but that year I went to France. 
 
 Having looked out an old count-book, 
 both of my recepts of money from my 
 brother, and of my debursements, begin- 
 ning in Oct. 1661, I find that I went to 
 the lettren with Alexr. Leslie, writter to 
 the signet, and payed him lOOlb on Dec"". 
 15, 1662, and in that book will be found 
 my spending till the end of the year 1674. 
 By it I find that on the 29 Sept. 1664, 
 my brother was resting me of annualrents 
 at Whitsunday 1664, TOStb 5s., whereof 
 I then received 4081b 5s. and bond for 
 3001b. 
 
 On Sept. 30, 1664, I took journey for 
 France, and rode to Newcastle, went 
 thence by sea to London, and after a few 
 dayes stay there, rode to Dover, and em- 
 barked for Calais, thence in coche to Paris, 
 and in a few dayes went thence to Poic- 
 tiers, where I arrived Nov. ^-^ 1664,
 
 SIR DAVID HUME. 13 
 
 staid there, and was there till about Sept. 
 22, 1665. Then I came to Paris by Mes- 
 sagers, the way of Saumeur, Angiers, 
 Chartres, &c., where I arrived about the 
 beginning October, and continued there 
 at my studies till April 18, 1666 ; and 
 coming sooner out of France and from 
 my studies then I designed, because of 
 the war there proclaimed with England, 
 I arrived by Calais and Dover to London, 
 about the 22 or 23 of April, N. S. After 
 some times stay there I bought a horse 
 and came to Scotland, May 26, O. S. 
 I find my expenses during that time came 
 to above 24001b, and my annualrents, at 
 Whitsunday 66, making thereof 8001b, 
 and the 7081b due when I went away, 
 making in all 15081b, which being taken 
 off the sum spent, rests about 9001b, and 
 my brother only abated lOOOlb off my 
 portion, and forgave me the superplus, 
 extending to 2251b, or thereby. 
 
 My brother caused my Lord Mording-
 
 14 DOMESTIC DETAILS BY 
 
 ton grant me bond for 90001b provided 
 to me by my father's bond of provision. 
 This is the interest I still have in the 
 Lands of Chirnside. 
 
 My brother and two sisters, Jean and 
 Isabel, lived at Ed'" during my being 
 abroad. 
 
 My mother, it seems, has been in use, 
 without precept, to get payment of Ro* 
 Lile's part, the time I was in France, 
 from James Hog, who, it seems, has 
 taken Lile's room. I find James Hoge 
 has payed ill and has died in debt. I 
 have written to my brother of that, as 
 appeared by his answer, dated Nov"". 12, 
 1667, which I still have, and alledge that 
 whatever intake there was that way, should 
 be made up by Blackader, unless there 
 was an assignation and discharge conform 
 to the above mentioned contract. This 
 was never yet cleared. But it appears 
 by my brother's letter I have claimed it 
 for my mother.
 
 SIR DAVID HUME. 15 
 
 My sister Jean having gone to the 
 Merse, she fell in a feavour and died 
 about the 22 of May 1668. Hence the 
 substitution mentioned in my father's 
 band of provision above specified, took 
 place as to her portion, which was 6000 
 mks. The one half fell to my brother, 
 and he gave bond for the other half — 
 one of a 1000 mks. to Kimmerghame, one 
 to my sister Isabel, a third to me of 
 1000 mks. I told Kimmerghame in the 
 time, I judged he had no right to a 
 third ; but that the half of Jean's por- 
 tion should have been equally divided 
 betwixt me and Isabel. For the clause 
 of substitution, according to my inter- 
 pretation, is, To those swa survivand is 
 a relative to the deceasand. Now the 
 swa deceasand, whose half fell into my 
 brother, was those who deceast before 
 their marriage. Therefore the swa sur- 
 vivand, who were to succeed to the other 
 half, are those who survive unmarried ;
 
 16 DOMESTIC DETAILS BY 
 
 and the reason seems plain, for as none 
 of the substitutes was to have any inte- 
 rest in their portion who deceast after 
 their marriage, tho' in their minority, so 
 it seems just that the share of the younger 
 children should be only to them who are 
 unmarried, for encreasing their portions, 
 the married being already alocate and 
 provided for. The point I have never 
 yet consulted with any lawyer, and I 
 know not what to make of it. But it is 
 fitt to take advice in it, and if it be found 
 to be law, then Kimmerghame, who got 
 payment of 1000 mks., must pay back the 
 one-half of it with interest for 30 years 
 to me, and the other half to my sister 
 Isabel's daughter. It will be fitt to know 
 the nature of my discharge of my part of 
 Jean's portion, when I got bond for 1000 
 mks. from him. I have an extract of my 
 father's band of provision ; but it being 
 registrat at a time when principalis were 
 given back, I never had it, but it was
 
 SIR DAVID HUME. 17 
 
 kept in my brother's charter-chest, where 
 I suppose it may yet be found. 
 
 1 should have entered advocate after 
 my coming home, as Sir Patrick Home 
 did, who went abroad, and came home 
 about the same time ; but indeed I durst 
 not adventure on signing the declaration, 
 albeit I had spent some years further in 
 the study of the law, till at length I laid 
 it aside. 
 
 Judging it an undecent and evil thing 
 to be altogether idle, I resolved and did 
 enter into a trade with David Burnet in 
 the year 1672, who traded then in wine, 
 and this is the occasion of a part in my 
 ledger, whereby I charge him as resting 
 to me, as a ballance, the sum of . . . 
 never yet cleared. Also, in the year 1673, 
 I entered in a copartnery of a brewery, 
 which took from me 1000 mks. as my 
 fourth part interest, and which did not 
 thrive, whereupon I sold it to Baillie 
 Home for ... . Also, in Dec'. 
 
 2
 
 18 DOMESTIC DETAILS BY 
 
 1674, I had a -J-^ interest in a ship with Sir 
 John Nisbet, Sir John Baird of Newbaith, 
 Sir Peter Wedderburn of Gosford, Sir 
 Alex' Seton of Pitmedden, Baillie George 
 Home, &c. It coist me 569ft>, which 
 did not succeed neither, and which I sold 
 to the said George Home for ... . 
 This did occasion my borrowing a 1000 
 mks. from William Ker, uncle to the laird 
 of Greenhead, and was the beginning of 
 my debt. I likewise in those years drove 
 a trade in buying and selling of victual, 
 but it came to a small account. 
 
 My brother's wife, the Lady Black- 
 ader, a religious and most virtuous gentle- 
 woman, a kind wife and friend, died in 
 Dec. 1672, of a feaver after child-birth 
 of her daughter Katherine. My brother 
 did, in Sepf . 1673, go to France, leaving 
 a factory of his whole estate to John 
 Craw in Old Greenlaw, as also a factory 
 of the Mains of Blackader to Mr. Francis 
 Scot, and a commission to his friends,
 
 SIR DAVID HUME. 19 
 
 whereof the deceast Lord Arniston and I 
 were sine quihus non. At the same 
 time he made a testament, nominating the 
 same friends tutors, and the same sine 
 quibus non. This brought me upon my 
 brother's business. He came home again 
 in August 1674. 
 
 On the 28 April 1674, I was happily 
 married to Barbara Weir, relict of Wil- 
 liam Laurie of Ileidcastle, brother to the 
 laird of Maxwelton, and daughter to 
 William Laurie, tutor of Blackwood, and 
 Mr. William Colvil, Principal of the 
 College. I provided all I had then, 
 being 1000 mks. to the heirs or bairns of 
 the marriage, with power to dispose of 
 2000 mks. thereof, as appears by the con- 
 tract of marriage in my inventure. No. 6, 
 Art. 27. And she disponed her jointure 
 of 1000 mks. per annum, &c. ; but indeed 
 it never extended to above 900 mks. and 
 not that effective. 
 
 In January 1675, my brother living in
 
 20 DOMESTIC DETAILS BY 
 
 Edin'. with his children (of whom Jennet 
 and Mary staying at my mother's during 
 his being in France), took sickness of a 
 feaver, and died in the latter end of that 
 month, which obliged me to more trouble 
 and pains about his sons' affairs, which 
 continued and encreased extremely till 
 the end of the year 1689, that Sir John 
 Home came out of France. 
 
 On Dec^ 20, 1675, James Home of 
 Greenlawdean, my uncle, having a spe- 
 ciall kindness for me, did grant me a 
 band for 3000 mks., failing heirs of his 
 own body, with the burden of his debts, 
 to be found in my inventure of writs, 
 letter K, Art. 27. 
 
 Being informed in the spring 1677, that 
 my said uncle James Home was unwell, 
 and being again told he was dangerously 
 ill, I consulted with Sir George Lockhart 
 and Sir Alex'' Seton of Pitmedden sepa- 
 rately, who advised me to get a corrobo- 
 rative security from James Home ; which
 
 SIR DAVID HUME. 21 
 
 accordingly I did, by Pitmedden's advice, 
 employ George Dallas of St. Martines to 
 draw with my uncle's testament. Took 
 both out of town with me to be signed 
 by my uncle. 
 
 My uncle told me Kimmergheme had 
 been speaking of doing some thing for 
 him, and in order to that, moved the ante- 
 dating of some bands, but that he would do 
 nothing till I came, and had not told him 
 what he had done for me ; but further said 
 he inclined to do some thing for him. I 
 asked him what he designed. He said to 
 give him or his children about lOOlb st. I 
 told him he might do in that what he 
 pleased, and that 1 had brought out a cor- 
 roborative security to be signed by him. 
 Kimmergheme being acquainted with this, 
 I found him storm extremely to rudeness, 
 which was not suitable to his ordinary 
 way. He dealt with my uncle, and im- 
 portuned him till he brought him to grant 
 5000 mks. to his children, and me to grant
 
 22 DOMESTIC DETAILS BY 
 
 band for it, that he should have it out of 
 my uncle's effects, but freeing me of per- 
 sonal execution. Then my uncle signed 
 the corroborative security to me, and after 
 I came to Edin^ he signed a testament, 
 which I suppose Kimmergheme drew in 
 no good terms for me, and burdened with 
 legacies, which I would never have owned, 
 but in honour to so kind an uncle. 
 
 My uncle died about the 17 or 18 of 
 May 1677. I went to his burial at 
 Edrom, and found in his cloaths, as I re- 
 member, a list of debts owing to him 
 and owing by him, the latter very far 
 short of what 1 found it to be afterwards. 
 His debt was very great. Both his debt 
 and interest may be known from a red- 
 skin'd pocket-book with a flap, begun to 
 be entered there Dec^ 13, 1683, which 
 needs not be insert here. Some errors 
 are in that book in the account with cross- 
 ing, which have been amended since. 
 
 In the end of the year 1677, George
 
 SIR DAVID HUME. 23 
 
 Home, now of Kimmergheme, was mar- 
 ried to Jean Home, lady and heiress of 
 Aiton, and the marriage being clandes- 
 tine, and his father having been at great 
 fatigue therein, contracted a decay, where- 
 of he died in February 1678. 
 
 In May 1678, my kind mother died, 
 having given all the proof she could of 
 her singular kindness to me above all her 
 children, as she evidenced by an assigna- 
 tion and testament, both dated Oct. 12, 
 1669, and by another assignation, con- 
 taining a discharge, dated Dec. 9, 1674, 
 to be found in the bundle and inventure, 
 letter R. 
 
 Kimmerghame and my mother being 
 both dead, my Lord Arniston renewed a 
 motion he had formerly made of my going 
 to live at Blackader, and oversee my 
 nephew's affairs. I had formerly declined 
 it, because I could not leave my mother 
 at Ed', and she could not well be trans- 
 ported thither, nor did I think it so neces-
 
 24 DOMESTIC DETAILS BY 
 
 sary so long as Kimmerghame lived, who 
 understood countrey affairs better than I 
 did. But now I embraced the motion. 
 Only there was some difficulty occurred 
 in respect the house and yards of Black- 
 ader, and the medow at the water side, 
 betwixt the trees, and the grass of Stocka, 
 and on the north side of the water, were 
 set to the Laird of S win ton for 64tb of 
 rent, and he was unwilling to remove. 
 But after some letters, and an attempt of 
 diligence, he flitted at Whitsunday 1678 
 to Borthwick, and I with my wife and 
 three children removed from Edinburgh 
 to Blackader. Mary Chisholm having 
 been my mother's woman, there was some 
 ties owing to her, extending to 1061b, for 
 which, I being then scarce of money, gave 
 her a band, which was the beginning of 
 the debt I still owe her, having after- 
 wards borrowed more. 
 
 My wife, after about 6 weeks grievous 
 sickness and pain, died at Blackader,
 
 SIR DAVID HUME. 25 
 
 Nov. 5, 1678, the most wise, religious, 
 virtuous, pleasant spirited woman, and 
 kind wife, that ever man had. I bless 
 God she has two daughters left behind 
 her, who, I hope, shall walk in her steps. 
 Thus I, with my small fortune, was put 
 to great expenses in flitting, and in my 
 wife's sickness and death, which straiten- 
 ed me exceedingly. Yet I bless God my 
 affliction was to my great advantage. In 
 the vacance time that same year, Black- 
 ader, his brother, governour and servant, 
 were with me for the space of 4 or 5 
 weeks, which encreased my expences, 
 never having had any allowance for it, — 
 only I was free of the duty payed by 
 Swinton all the time I was there ; but 
 held cownt for every other thing I got, as 
 sheep, kain fowls, coal carriages, corns, 
 &c. being very confident when my nephew 
 came to his majority, he would consider 
 and reward my pains and expenses. 
 I forgott to mention, that in the year
 
 26 DOMESTIC DETAILS BY 
 
 1678, Kimmergheme and his lady were 
 conveened before the Council, and fined 
 for their clandestine marriage, conform 
 to the Act of Parliament, and also Nyn- 
 wells and Hellen were fined, and Kim- 
 mergheme and his lady were sent prison- 
 ers to the Castle for 3 months, and till 
 they payed their fines, there was then 
 3000 mks. borrowed from David Home of 
 Whitefeild, for which I and others be- 
 came bound, in which bond Kimmerghame 
 is not bound, but I got a band of relief 
 from him afterwards, which I gave to 
 Mr. Alex'. Dumbar, Writer to the Signet, 
 about 82 or 83, and which he said was 
 given in to M'Kenzie's Register ; but I 
 never got an extract of it. Of this sum 
 I payed to ... . Cairncross, mother to 
 George Home of Whitfeild 500 mks. in 
 anno 1687 or 88, and the rest is still 
 owing, and I pay yearly the annualrent 
 thereof. Kimmerghame hath granted a 
 bond of corroboration thereof to Whit- 
 feild.
 
 SIR DAVID HUME. 27 
 
 In harvest 1679, I went to Maxwel- 
 ton's house in Nidsdale, and cleared with 
 him, he discharging me of all he could 
 ask or crave of me or my deceast wife, 
 and I discharging him of all I could ask 
 or crave of him, and of Alex''. Laurie his 
 brother, as heirs of hue to William Laurie 
 of Red castle, by virtue of the contract of 
 marriage betwixt the said William and 
 Barbara Weir, thereafter my spouse, or 
 by virtue of a band granted by him to 
 her, or by virtue of his testament, a copie 
 of which discharge by me. Art. 34, as 
 also the discharge be Maxwelton, Art. 
 34, is in the inventure and bundle, letter 
 O. At the same time, Maxwelton grants 
 an obligement, that in case I shall be 
 found to have right to the rents of Reid- 
 castle, Waterside and Flanchlurg, payable 
 at the term of Martinmas 1678, my wife 
 having died Nov"". 6, 1678, to pay to me 
 the said term's rent. The reason why I 
 took this obligement was, that the rent 
 being then payed before hand, I supposed.
 
 28 DOMESTIC DETAILS BY 
 
 tho' my wife died before the term, yet 
 she should have right to the term as being 
 forehand }3ayment. But now I am apt 
 to think there is no ground for this pre- 
 tence. He also gave bond, since payed, 
 for lOOlb sterline. 
 
 On the 7th of Nov. 1679, I made my 
 first visit to Mrs. Smithe, relict of James 
 Smithe, merchant in Edinburgh, now my 
 wife. She was procreat betwixt Francis 
 Hepburn of Brinston and his spouse, 
 Katharin Swinton, daughter to Sir Alex'. 
 Swinton of that ilk. After some oppo- 
 sition made to the marriage by Robert 
 Hepburn, her brother, and some others, 
 we came to settle on terms, and being 
 thence proclaimed, we went out to Borth- 
 wick, and were married by Mr. Thomas 
 Paterson, minister there, upon Jan. 8, 
 1680. By the contract of marriage, I 
 provided the heirs and bairns of the mar- 
 riage to 13,000 mks. and the half of the 
 conquest during the marriage, my wife to
 
 SIR DAVID HUME. 29 
 
 liferent 600 mks. by year. I have of join- 
 ture with her, off her son, lOOOlb by 
 year. This appears by the saids two con- 
 tracts in bundle, letter M. Art. 37, 38. 
 
 In June 1680, we went out with our 
 family to Blackader. In the harvest, 
 Blackader, his brother governour, and 
 servant, were with me a considerable time 
 as formerly. 
 
 Jan. 9, 1681, my eldest son, by this 
 wife, was born in the morning early, 
 Margarite Lord, midwife. Was baptized 
 the Sabath after, at Edrom Kirk, by Mr. 
 George Trotter, then minister there. On 
 Munday thereafter I took journey for 
 London about an affair I had to do there, 
 and returned in February. On the 13th 
 April, having occasion at Berwick in my 
 return, I gott my hurt that occasioned 
 the cutting off my leg that year on June 
 1, and this occasioned a vast expense. 
 This year also in the harvest Blackader 
 was with me as formerly.
 
 30 DOMESTIC DETAILS BY 
 
 In the harvest 1682 they were also 
 with me, and Arniston came there, and 
 having considered John and James Craws 
 his sons cariage, his factory was dis- 
 charged, whereby he had 300 mks. per an- 
 nwn, and it was thought fit I should take 
 more special inspection, and employ John 
 Haitlie under me. What pains I was at 
 thereafter may, in some measure, appear 
 by the multitudes of books and scrols 
 written with my own hand, and many a 
 journey made I, both in the countrey and 
 to Edinburgh on Blackader's account, for 
 which I set nothing down of my expenses, 
 nor have I yet discharged with any thing 
 for my pains, tho' very much taken up 
 with that affair, except that I do not 
 charge myself with the kain fouls and coal 
 carriage as formerly, which, I must say, 
 is no suitable remuneration for my pains 
 and expenses. 
 
 In the spring 1683, Blackader being 
 done with the College, he came and staid
 
 SIR DAVID HUME. 31 
 
 with me. Then friends thought fit to 
 appoint a board for him and his man. 
 That I agreed to. He was with me till 
 about the 20 of May 1684. Then he 
 and Kimmerghame went for France. My 
 2d son David was born 17 May 1683. 
 Baptized at Edrom by Mr. Patrick Robi- 
 son. 
 
 It was about Pasch 1684, that Robert 
 Home of Crossrig required me to re- 
 ceave payment of the soum contained in 
 the wodset, and having made a simulate 
 consignation at the Kirk of Hutton on 
 Whitsun even, he raised a summonds of 
 declarator of redemption, and I raised a 
 counter declarator of the expiration of 
 the legal of Mr. Home's apprysing, where- 
 upon rose debates, wherein I cast his pro- 
 cess at that time. His design then was 
 to enter heir in general to his father's 
 eldest brother, and to cutt off all the 
 debts contracted by his father David 
 Home. But I discovered that his father
 
 3^ DOMESTIC DETAILS BY 
 
 had been formerly served heir to John 
 his brother, and so did cast his process as 
 heir to John, seeing he could not misken 
 his father, who had been served to John. 
 In this year at Whits. 1684, I removed 
 Thomas Dowglass, tenant of Crossrig, 
 who had possessed the lands by a tack 
 set by me, with consent of David Home 
 of Crossrig, wherein his son Robert is a 
 witness, for the space of 5 years from 
 Whits. 1679- He went off considerably 
 in my debt. He will be owing me still 
 near 1000 mks. with annualrent, for which 
 I have his bond ; but there are several 
 payments of his bonds, as appears by my 
 count books. He has still been so poor, 
 as also his cautioner, that I reckon it a 
 desperate debt. Then I entered to the 
 natural possession of the land, and kept 
 it for 5 years till Whitsunday 1689. I 
 found the ground was ill spoilt by Dow- 
 glass, and no body would take it almost 
 for any rent, which induced me to take
 
 SIR DAVID HUME. 33 
 
 it in my own hand to bring in the ground 
 again, to my great loss. 
 
 During Kimmerghame's marriage, I 
 used all the fair means to get payment or 
 security for the debts due by Aiton, but 
 in vain. So in the year 1680, I raised a 
 process against his lady and him, jure 
 mariti, which terminate in a decreet in 
 absence about the time of her decease in 
 anno 1684. Now, when he went to 
 France in 84, I did give him 1,000 mks. 
 to an account of sums due by my uncle, 
 which was payd of the sum I got from 
 Maxwelton. 
 
 It was this year 1684, that I perfected 
 the minute between Sir Patrick Home of 
 Polwart, now Lord High Chancellour, 
 and my uncle James Home. The ac- 
 count between him and me is stated in 
 the red skin'd book above mentioned, 
 and I disponed to him the lands of Green- 
 law Dean, and he cleared the prices of 
 15,200 mks. as is there stated, which fur- 
 
 .3
 
 34 DOMESTIC DETAILS BY 
 
 nished me with money to stock Crossrig. 
 That came to a very bad account at the 
 displenishing of it. 
 
 This was a sad year to the countrey 
 with circuit courts and imprisonments, 
 and Polwart fled in the harvest. Some 
 were tortured with the boots and thumb- 
 kins. A report came one day, when I 
 had gone to Berwick about Blackader's 
 business, to set his water fishings, that a 
 party was sent out to apprehend me. 
 This occasioned my lurking at Berwick 
 from Tuesday till Saturday, that I re- 
 turned again, finding the report did not 
 hold. The week thereafter the Earle of 
 Balcarass, Lord Yester and Drummallier, 
 were sent by the Council in circuit. AW 
 their heritors were required to attend 
 them, which strake terror into many, con- 
 sidering there had been a circuit at Jed- 
 burgh not long before, requiring all heri- 
 tors to take the test. But that was not 
 their errand at this time, but to procure
 
 SIR DAVID HUME. 35 
 
 a voluntary oiFer of cess by the countrey, 
 which was granted. The Merse did offer 
 two months cess, and were thanked for 
 their loyalty ; but the commissioners find- 
 ing Teviotedale so frank as to offer 5 
 months cess, caused cite the Merse heri- 
 tors to Kelso, that they might offer as 
 much. There was then a difference fell 
 out betwixt the Earle of Home and Lang- 
 ton, which last was forward to answer the 
 demand, the other as backward. I was 
 not so much concerned about the cess, as 
 lest there should be an entangling address, 
 having been well enough satisfied with the 
 working of the former, so I made a motion 
 to the Earle of Home, that since Langton 
 and his faction had departed from us, we 
 needed not join with them in their address 
 (which indeed I did more scruple to sign 
 than that at Dunse) ; but that we should 
 cause write over our own address, and in- 
 stead of 2 months make it 5 months, when 
 some parasits represented that I had been
 
 36 DOMESTIC DETAILS BY 
 
 active in opposing the commissioners, 
 which occasioned me to be cited the 
 winter following before the Council, for 
 harbour and recept conventicles, &c. (as 
 I had been in April to Kelso, before the 
 Laird of Mel drum, but got off by Pol- 
 wart's interest with Meldrum). In the 
 mean time King Charles 2d died in Feb. 
 1685, which put a stop to these kind of 
 processes, and many into a consternation. 
 I was in great doubt whether to leave the 
 country. But my family, and Blackader 
 and Kimmerghame's affairs, (who had both 
 given me factories), lay so near my heart, 
 that I resolved to stay and cast myself on 
 God's providence, who did indeed take a 
 special and wonderful care of me. 
 
 In this summer, 1685, King James call- 
 ed and held a Parliament at Edinburgh, 
 by William Duke of Queensberry. In 
 the mean time Argyle invaded the land 
 from Holland, where was in company with 
 him Sir John Cochran and Sir Patrick
 
 SIR DAVID HUME. 37 
 
 Home of Polwart, &c. They were [not] 
 come to any considerable head, yet the 
 country was called out. I went with the 
 Merse heritors to Lanton, near Jedburgh, 
 and was by order made prisoner, but used 
 with much discretion, and carried from 
 Jedburgh to Hawick, and put in the 
 hands of the Merse militia, and when 
 they marcht to the west, I was left with 
 the Earle of Lothian and Teviotedale 
 heritors. I was above 20 dayes a free 
 prisoner with Alex^ Home of the Abbey. 
 Then we were set at liberty, upon bond 
 and caution to appear when called for. 
 This occasioned extraordinary expenses, 
 but saved me from great fatigue, and 
 greater expenses that I would have been 
 put to if I had been with the rest of the 
 heritors. Argyle was routed and appre- 
 hended, and executed upon a sentence 
 against him in anno 1681, for a sense he 
 put on the test.
 
 38 DOMESTIC DETAILS BY 
 
 The Parliament made many severe 
 laws, called by the Claim of Right im- 
 pious laws. 
 
 In the year 1686, they who acted as 
 ravening wolves towards their Protestant 
 bretheren, do now act as lambs towards 
 the Papists. For we having a new Session 
 of Parliament, when the Earle of Mur- 
 ray, then Secretary, was Commissioner ; 
 the design of that Session was to repeal 
 the penal statutes against the Papists ; 
 but it pleased God, beyond all humane 
 expectation, so to animate the Parhament 
 as that it could not be obtained. 
 
 I having raised a process against Mr. 
 Charles Home, as heir of tailzie to Alton, 
 in this year, in February 86, (as I re- 
 member), my process being once and 
 again reported by my Lord Kemney, it 
 was rejected, because I had not first dis- 
 cussed the heirs of line, albeit I frequent- 
 ly urged the Ordinary to consider and re-
 
 SIR DAVID HUME. 39 
 
 port that that was a dilator proponed after 
 peremptor, which in form of process ought 
 not to be sustained. 
 
 This occasioned a motion of an ami- 
 cable settlement and submission, wherein 
 Mr. Charles took Coldinknows. I took 
 Mr. Thomas Skene, and we agreed onMer- 
 sington as oversman. We mett at Eye- 
 mouth in August 86, communed, I gave 
 in my claim, Mr. Charles his answers. 
 Mr. Charles offered me 3000 mks. I was 
 brought to condescend to accept of 5000 
 mks. The arbiters said they would have 
 moved me to accept of 4000 mks . But Mr. 
 James Daes of Coldinknows said to Mr. 
 Charles that he had other affairs adoe at 
 Edinburgh, it would be all one expense 
 tho' he plead with me. So the submission 
 brake up re infecta. Some blamed Cold- 
 inknows for it at the time, and very many 
 have done it since syne. That which 
 moved me then to be so condescending, 
 was not only my averseness to have pleas,
 
 40 DOMESTIC DETAILS BY 
 
 and scarceness of money to prosecute 
 them, but that I did not know my own 
 strength, not having then seen the tailzie 
 burdened with Aiton's debts, contracted, 
 or to be contracted in any time of his 
 hfe, whereby I did afterwards carry seve- 
 ral sums contracted, as was alledged, upon 
 death bed. 
 
 The Parliament 1685 having forfaulted 
 Sir Patrick Home of Polwart amongst 
 many others, and he having withdraw in 
 1684, his creditors offered to do diligence 
 against him, but were stopped by the 
 publick, and raised diligence against his 
 cautioners, amongst whom Kimmerghame 
 was one. This put me to great trouble 
 and expenses in coming and staying at 
 Edinburgh to attend his business, to pre- 
 vent his creditors from doing diligence, 
 by either paying or becoming caution for 
 him to them, and so much the more, that 
 Blackader and he were engadged in mu- 
 tual cautionries for one another by their
 
 SIR DAVID HUME. 41 
 
 fathers' bonds, so that I concluded, if diH- 
 gence were carried on against Kimmer- 
 ghame, it would also be carried on against 
 Blackader at the instance of his own cre- 
 ditors, and thereby in eiFect both would be 
 ruined. I in my accounts with Kimmer- 
 ghame insert all the personal expenses I 
 remembered to have spent in company 
 with his creditors, but none for my com- 
 ing and staying at Edinburgh, nor for my 
 pains. Albeit, in anno 1684, when he 
 gave me a factory, he asked me what fac- 
 tory fee he should give me; I told him that 
 might be delayed till his return. He said 
 at that time I might make use of his dove 
 coat and kainfowle, and that he was not 
 to expect any annualrents from me till 
 his return ; which I understood his mean- 
 ing to be, that I was to have all this for 
 my factor fee : — and in contemplation of 
 this, after the old Lady Linton's death, 
 with whom his sisters, Isabel, Julian Home, 
 staid, and payed lOlb st. each of board 
 to her, I sent for them, and they staid
 
 42 DOMESTIC DETAILS BY 
 
 with me for the space of ten months, for 
 which I have not charged any board. I 
 had hkewise another occasion of staying 
 at Edinburgh for Kimmerghame, which 
 was a plea with Linthill ; and I commen- 
 ced the plea with Mr. Charles Home upon 
 the articles of agreement between him and 
 Kimmergheme. 
 
 In this year, or the year preceding, a 
 wofull accident befell Sir John Home at 
 Angiers, having in a scufle receaved a 
 wound in his head from a Frenchman 
 that had well nigh cost him his life, and 
 cost him great expenses in his cure, and 
 in vindicating the injury at law, to no 
 purpose ; and against the mind of all his 
 friends, Kimmerghame came to Scotland 
 in January 1687- 
 
 This year, 1687, produced a great al- 
 teration in the scheme of affairs. The 
 Papists were impatient of delayes, and 
 finding they could not work their point by 
 the Parliament, they perswade the King 
 to assume, and publickly assert, a dis-
 
 SIR DAVID HUME. 43 
 
 pensing power with the laws, in order to 
 a Hberty for them, free of all hazard. Fain 
 would they have debarred the Presby- 
 terians : and at first a proclamation, that 
 required the owning that dispensing 
 power by all such as should have liberty 
 thereby. But this not working their point, 
 in May (I think) 1687, there came out a 
 proclamation, dispensing with thetest,and 
 all other oaths and engadgements to any 
 in publick trust, and allowing every one 
 to worship God in houses after their own 
 way. 
 
 In June 1687 I had occasion to be in 
 Edinburgh, and finding the way clear, but 
 considering my self rusted in the study of 
 the law, so as I could not adventure to un- 
 dergoe the trial appointed for intrant ad vo- 
 cats, I advised with Blake woud, and he and 
 I went to Sir George Lockhart, then 
 president, who bad me give in a bill to 
 the Lords, which I did draw, and repre- 
 sented that I had studied the law at
 
 44 DOMESTIC DETAILS BY 
 
 Poictiers many years agoe, and had for 
 some considerable time been taken up 
 with affairs that hindered my close study- 
 ing of the law, that was necessary for 
 undergoing a trial, and craving their Lord- 
 ships would admitt me without such trial. 
 I gave in the bill to Killoch, who read it, 
 and I was called in and admitted, having 
 only given my oath de fideli. This was 
 in June 1687. I payed the 500 mks. to 
 the Faculty of Advocates, and gave bond 
 for another 500 mks., because of my ex- 
 traordinary entry. Within a few dayes 
 thereafter, Mr. James Scougall, now my 
 Lord Whitehill, entered in the same man- 
 ner, and Mr. Mathew M'Kill ; but this 
 last with some difficulty. 
 
 Having gone to the Merse, I returned 
 about a week thereafter, and attended 
 punctually all the summer session. The 
 first money I got was from Peter Gibson, 
 in Allanbank. I had some processes of 
 Blackader's, particularly Lammerton's,
 
 SIR DAVID HUME. 45 
 
 and James Scot's of Bristol, and some of 
 Nynwell's and Kimmergheme's. 
 
 On Hallow even my family came from 
 Blackader, my wife and children in Lan- 
 ton's coach, which I had borrowed to 
 Smeton all night, and next day to Edin- 
 burgh. 
 
 John and Ann Cokeburns, Borthwick's 
 children, having been recommended by 
 my sister, their mother on her death-bed, 
 to my special care, to train them up in 
 the fear of the Lord, Borthwick and his 
 lady having died in Oct. 1682, I took 
 them with me to Blackader, where they 
 stayed till I came to Edinburgh in the 
 year 1687 — full five years. I charged them 
 with 500 mks. a-year for their aliment, 
 with a servant. Lanton having served 
 him self tutor of law to them, I counted 
 with him afterwards, and he allowed me 
 2,000 mks. due by me to their father at 
 the Lammass 1682 immediatly before his 
 death, and I gave bond for lOOlb to Lan-
 
 46 DOMESTIC DETAILS BY 
 
 ton for the superplus which he has still. 
 This was ill payment of 500 mks. yearly 
 for meat and cloaths and drugs, educa- 
 tion, &c. 
 
 Before I came to Edinburgh with my 
 family, I wrote to Robert Hepburn, tutor 
 to George Suittie, signifying that whereas 
 he had allowed 500 mks. yearly for the 
 alimentof George and James Suittie's, now 
 that I was coming to Edinburgh with my 
 family, I would have 500 mks. yearly for 
 their board, and he behoved to provide 
 them in all other things on their own ex- 
 penses ; and if this did not please him, 
 he might dispose of them otherwise as he 
 thought best. He gave me no answer 
 to this, and after I came to Edin*". I was 
 in use, or my wife, to get money from 
 him, and hold count for any debursement 
 bestowed for them. 
 
 This year Robert Home having served 
 himself heir to his father, insisted again 
 in his process of declarator of redemption
 
 SIR DAVID HUME. 47 
 
 against me before my Lord Collinton, 
 whose servant, William Brown, was no 
 good instrument for me, and procured 
 minutes to be signed by my Lord for an 
 act of count and reckoning without my 
 knowlege, and without taking in my al- 
 ledgeances, but nothing was extracted 
 thereupon till this day. 
 
 I insisted in my process about Feb. 
 1688 before the Lord Carse against Mr. 
 Charles Home. The cause was debated. 
 Most part of the interloquitors were in 
 my favours. But the vacance coming on 
 before the minutes could be adjusted, I 
 got them not signed, no not before the 
 Revolution, but I can not now remember 
 what hindered it so long. 
 
 On Wednesday June 1688, came an 
 express with the news of the Queen's 
 being brought to bed of a son on the 
 tenth day. 
 
 This, and severall other things, occa- 
 sion the Prince of Orange (now our King
 
 48 DOMESTIC DETAILS BY 
 
 William 3d) to emitt a declaration, and 
 to come over from Holland with a navy. 
 He arrived at the Torbay, Nov*". 4, 1688, 
 and prevailed so far, that King James de- 
 serted England, went to France, and the 
 Prince and his Princess were proclaimed 
 King and Queen of England, Jan. 22, 
 1689, and in Scotland they were pro- 
 claimed King and Queenj April 11, 1689. 
 Lord's day, June 23, 1689, the Earle 
 Crawford, President of the Parliament, 
 having received a packet from Court, with 
 a nomination of the Lords of Session, 
 sent for me in the morning, and intimated 
 to me that I was named for one of them. 
 I had no hand nor knowlege of this, 
 only a few dayes before Will. Lockhart, 
 after Sir WiUiam Lockhart, [said] he had 
 seen my name in a list that was presented to 
 the King. I could never understand fully 
 how I came to be named, but I allwayes 
 reckon my self obliged for it to my Lord 
 Melvil, then Lord Secretary.
 
 SIR DAVID HUME. 49 
 
 It seems the business had gott wind, 
 and was talked some days before, for Mr. 
 James Nasemith, advocate, who was then 
 concerned for the Facultie's Library, 
 spoke to me to pay the 500 mks, I had 
 given bond for, when I entered advocate, 
 which I payed. It may be thought it 
 would not be so decent to crave me after 
 I was preferred to the bench. 
 
 We were all at first complement by 
 members of Parliament, and wished joy ; 
 but soon after there arose a storm, which 
 resolved into nothing. 
 
 After the Lords had mett, I applied 
 for an Ordinary in my cause against the 
 Earle of Home, representative of Alton, 
 and in course, I obtained the Lord Neu- 
 baith. This process continued several 
 years. A settlement moved and agried 
 to by me, which came to nothing. I ob- 
 tained a decreet in for o for some part of 
 my claim, and an act for the rest. Then 
 a decreit of suspension of the first de- 
 
 4
 
 50 DOMESTIC DETAILS BY 
 
 creit, and a decreit for the rest. I was 
 necessitate to arrest and take a decreit 
 of forth coming, as will appear by an ac- 
 count I have of charge and discharge 
 with the Earl of Home. 
 
 After all, when I could obtain nothing, 
 I adjudged and put in for the gift of the 
 Earle of Home's escheat. The Earle of 
 Annandale opposed me in this, tho' under 
 pretence of his setling with me, and in 
 the mean time he obtained, by the means 
 of Secretary Johnston, a gift of the Earle 
 of Home's escheat, tho' this Earle is not 
 owing him a farthing, under the pretence 
 of debts owing by the Earle of Home's 
 family to him or his predecessors ; and 
 Kimmerghame having also obtained a 
 gift under the King's hand, which he had 
 kept latent a long time, whereupon the 
 Earle of Annandale and Kimmergheme 
 divided the Earle of Home's interest be- 
 tween them. Kimmergheme gott the es- 
 tate of Alton, and the Earle of Home
 
 SIR DAVID HUME. 51 
 
 [Annandale ?] got the estate of Home, 
 and I was shaped off, and only putt in 
 the Earle of Annandale's back band to 
 the executors. 
 
 After many jars, wos and froes in my 
 business with Crossrig and the Earle of 
 Home, [it] came to a settlement after this 
 manner. 
 
 But before I proceed to these, seing 
 my main design is to represent my in- 
 terest as to money matters, I shall tell 
 here, 
 
 1. That a Lord of Session's sallary is 
 about 2000tb st. per annum, tho' it has 
 been less by virtue of the retention of 
 annualrents, their sallary being out of 
 annualrents of sums due to them, except 
 20,000tb Scots, yearly payed out of the 
 customs. The way how they are payed, 
 is this, — The annualrents and customs 
 due at Martimass, payes for the moneths 
 of November, December, and Januarv : 
 and the annualrents due at Whitsunday,
 
 52 DOMESTIC DETAILS BY 
 
 payes for their service, February, June, 
 and July ; and they received payment 
 according to the dayes they have sitten, 
 as was found after the Viscount of Stairs 
 and Lord Presmennon's death. Pres- 
 mennon hved about ten or eleven dayes 
 of November, and Stair lived about 26 
 dayes, and were excused till their dying 
 day, (which is equivalent to their sitting,) 
 and they were accordingly payed. 
 
 2. The same hand that procured me 
 to be a Lord of Session, obtained my 
 being made a Commissioner of Justiciary. 
 Each of us have lOOib st. a-year, payed 
 by precept of the Lords Commissioners 
 of the Thesaury on the cash-keeper. 
 This is not so punctually payed as the 
 sallary of the Lords of Session. 
 
 Blackader and some others are cau- 
 tioners to the Lords of Session for 
 23,000 mks. due by the Earle of Home. 
 I use in my payment from Mr. James 
 Elphingston, our collector, to allow what
 
 SIR DAVID HUME. 53 
 
 is due on this said, as payment to grant 
 a discharge for all due to me, and to 
 take a discharge for the said annualrent 
 in part of payment. I have severall of 
 these discharges lying by me. They are 
 to John Haitlie, Factor appointed by the 
 cautioners for uplifting what they have 
 for their relief. I have gotten several 
 payments, but I granted alwayes recepts 
 to John Haitlie for what I gott, and re- 
 turned the discharges to him till clearing, 
 so that the cautioners are my debtors for 
 all contained in the discharges. I have 
 by me granted by Mr. John El- 
 phingston to them and John Haitly, ex- 
 cept what John Haitlie has my recepts 
 for. 
 
 3. Also, I have an interest in the 
 bank of SOOOtb Scots, whereof in cash, 
 I have in it SOOlb. 
 
 4. Item, I have an interest in the 
 African Company of lOOOlb sterl. where- 
 of in cash.
 
 54 DOMESTIC DETAILS BY 
 
 3. Feb. 1700. J had proceeded thus far only when 
 the fire happened in the Meal Market, on 
 3d Feb. 1700, whereby a number of Me- 
 morials of ray Transactions were burnt, 
 so that I must now credit my memory 
 with several things. 
 
 5. There was a ^ month's cess grant- 
 ed by the Parliament to the Lords of 
 Session for two years, in anno 1698, 
 whereof there is some part still resting 
 to me. 
 
 To return to my business with Robert 
 Home of Crossrig. This process against 
 me, and mine against him, sleeped till 
 the year 1697, when he wakened his pro- 
 cess, and I wakened mine, and they being 
 both inroUed in Nov' or Dec"" 1697, the 
 young Laird of Wedderburn came to my 
 house, and pretending to act as a common 
 friend to me and Robert Home, proposed 
 an accommodation. I answered, I never 
 had a plea with any but I was ready to 
 settle amicably, and as much with Robert
 
 SIR DAVID HUME. 55 
 
 Home, being my cousin, as any ; but my 
 cause being in the roll, I had no mind it 
 shall sist on any account. Nay, sayes he, 
 if we did enter into a commoning, I could 
 not insist in my process, for it would be 
 objected we were under commoning. I 
 told him I was for plain dealing, and not 
 for chicane ; but I would not enter on 
 terms of commoning to stop my process. 
 But seeing he was going home, and Robert 
 Home was out of town, if he would send 
 him in I should talk with him. He under- 
 took to do it, and in some dayes sent him 
 to town. 
 
 When Robert Home came to me, he 
 spoke of a commoning. I said that com- 
 monings had seldom a good effect, but 
 sisted process for a time ; but to let him 
 see I had no mind to take any legal ad- 
 vantage of him, but was much inclined 
 to a legal settlement, if he would enter 
 into a submission, I was willing to sign a 
 submission. He insisted on commoning.
 
 56 DOMESTIC DETAILS BY 
 
 I refused it, but desired [him] to think 
 if he would submitt, and advise and give 
 me an answer. 
 
 Some dayes after he came to me, and 
 having again insisted on a commoning, 
 and I refused it, he said he was content 
 to enter into a submission to any two 
 countrey gentlemen. I told him country 
 gentlemen would never end our business, 
 for they could not stay in town at such 
 times as I could be at leisure to attend 
 them, and I could not be so long in the 
 country, nor carry all the papers out with 
 me that would be necessary to have in 
 clearing that affair. But if he pleased 
 to take his own Advocate, Mr. John 
 Grant, I should take Mr. Thomas Skene, 
 my Advocate, and we should take my 
 Lord Mersington, Ordinary, before whom 
 our processes depend, for oversman. After 
 a struggle for countrey gentlemen to be 
 arbiters, at length he condescended, and 
 we entered into a submission to Mr.
 
 SIR DAVID HUME. 57 
 
 Thomas Skene and Mr. John Grant as 
 arbiters, and my Lord Mersington as 
 oversman, and we signed the submission 
 on the back, and they signed their ac- 
 ceptance on the back upon Feb. 18, 1698, 
 which was afterward prorogat till August 
 1698. 
 
 In time of vacance, Robert Home 
 came to my house, and we sate close at 
 our accounts, and I stated my charge, 
 which I carried on till Whitsunday 1672 
 or 73, at which time the 2 lands of Hil- 
 ton were sold, and did protest that my 
 condescending to count might be but 
 prejudice to my right of proper wodset 
 and right of apprysing at Mr. Robert 
 Home's instance, late minister of Craw- 
 ford-John, to which I had right by pro- 
 gress. Also, 1 condescended to compt 
 as a tennant during my possession, but 
 prejudice as aforesaid. The said [Robert 
 Home] stated his discharge, and where 
 there was any controversy, either of any
 
 58 DOMESTIC DETAILS BY 
 
 article of the charge or the discharge, all 
 said on both sides was fully set down and 
 written by Al. Chrystie, my servitor, 
 writer of the account, and remitted to 
 the determination of the arbiters, and 
 blanks left to them to insert their inter- 
 loquitors, and so proceeded to a new 
 charge and discharge, till the day of our 
 coumpting, and the debates insert, and 
 blanks left as aforesaid. And all the de- 
 bateable points were laid before the arbi- 
 ters, and they gave and signed their in- 
 terloquitors, my Lord Mensington being 
 present, and interposing when there was 
 need. The accounts extended to about 
 eight sheets of paper. Euery page was 
 signed by the said Robert Home and 
 me, before the said Alex"* Chrystie and 
 Thomas Arnot, my servants, and I reck- 
 oned the ballance extended as due to 
 me in above 160001b Scots, whereof 
 Alex'- Chrystie has still an abstract. But 
 the arbiters restricted it to 12, 8281b, for
 
 SIR DAVID HUME. 59 
 
 which they pronounced their decreit ar- 
 bitral on July 19, 1698, and decerned 
 the said Robert Home to ratify my right 
 of apprysing, to discharge all process at his 
 instance against me, to discharge the re- 
 version of the wodset granted by his grand 
 mother and uncle to Sir John Home of 
 Blackader, in anno 1636, and of new, to 
 dispone to me the lands of Crossrig and 
 4 lands in Edrom ; as also to assign me 
 to the mails and duties, and to old Wed- 
 derburn's obligation in Nov'* 1678, and 
 to young Wedderburn's backbond, nar- 
 rating a disposition be the said Robert 
 Home to him, of the lands of Crossrig 
 and 4 lands of Edrom, with the bygone 
 rents of Crossrig since ann. 1670, for 
 onerous causes, and declaring the true 
 cause thereof, was for money advanced 
 and to be advanced to the said Robert 
 Home for carrying on the plea with me, 
 and obliging him, upon repayment, to 
 denude himself in favours of the said 
 Robert Home and his heirs.
 
 60 DOMESTIC DETAILS BY 
 
 The said Robert Home did, in obe- 
 dience to the said decreit, grant a dispo- 
 sition to me on 26 of July 1698, and a 
 discharge, as I think, of the same date 
 of the reversion of the wodset, which I 
 caused registrate in the general register 
 of reversions. 
 
 On the other part, I was ordained by 
 the arbiters to discharge the said Robert 
 Home of all personal! diligence, and to 
 allow him the annualrent of the 4 lands 
 of Edrom by way of aliment during his 
 life, which I performed accordingly. 
 
 As to the Earle of Home, as represen- 
 tative of Aiton, I had a long while a great 
 strugle, and having emploied Commissar 
 Dairy mple, my advocate, after he came 
 to be President of the Session, he inter- 
 posed to aggree us. I gave in my 
 charge, the balance whereof came to near 
 23,000 mks. In end, we settled for 
 14,000 mks. for which I should have had 
 annualrent from Whitsunday 1698. But
 
 SIR DAVID HUME. 61 
 
 it appears by the band granted, and still 
 extant since the fire, that they do not 
 all bear annualrent from that term. On 
 the 4 of March 1699, we exchanged 
 papers. I assigned and disponed all my 
 writts to George Home of Whytefeild, 
 conform to an inventure signed by him 
 and me. Here I would consider, if I 
 have reserved my decrets, in so far as 
 concerns the relief of cautioners, which 
 was not commoned on at all, and which, 
 if it be not, I doubt not the Earle of 
 Home will be so just to me either to re- 
 lieve me, or to oblige himself and Whyte- 
 feild to do it. The bands given to me 
 are all wrott down in my book of inven- 
 tares, written since the fire. 
 
 James Earle of Home, father to Charles, 
 now Earle of Home, having had a plea 
 with Sir Robert Sinclair of Lonformagus, 
 and Sir John Home of llenton, the Jus- 
 tice Clerk, he did, about the year 1666, 
 enter into a transaction with Sir Robert
 
 62 DOMESTIC DETAILS BY 
 
 Sinclair, where he was to give to Sir 
 Robert 16,000 mks., for which several of 
 the Earle's friends became bound to Sir 
 Robert, whereof Al. Home of Aiton, Sir 
 Hary Home of Herding, and James Home 
 of Greenlaw-dean, my uncle, were bound 
 to Sir Robert in a bond for 6000 mks., 
 of which James Home's proportion was 
 lOOOtb, all payed to Sir Robert by Aiton, 
 and James Home payed his proportion 
 back to Aiton, as appears by Alton's dis- 
 charge, yet extant, with consent of Will. 
 Nisbit of Eyemouth, and registrate in the 
 sheriff court books of Berwickshire. The 
 Earle took right to Sir Robert Sinclair's 
 right, in name of the then William Lord 
 Mordington, who was infeft in the estate of 
 Coldinghame, and gave back band, not to 
 denude till the Earle's friends were re- 
 lieved of the said 16,000 mks. ; and in the 
 mean time obliged him to pay the annual- 
 rents. This backhand, Linthill, one of the 
 friends concerned and bound for part of
 
 SIR DAVID HUME. 63 
 
 the 16,000 mks., did put in the register at 
 Lauder, I think in the commissar court 
 books, but should have been rather put 
 in the register of reversions. This is 
 still a claim I have against the Earle of 
 Home's family. 
 
 I stand engadged for cautioner for se- 
 veral persons, as to whom I have bands 
 of relief that will speak for themselves. 
 But I am engadged in several sums for 
 Sir John Home of Blackader, as for 6000 
 mks. to Robert Lord Jedburgh, now as- 
 signed to Cavers Ker, and 6000 mks. to 
 Sir Alex". Seton of Pitmedden, for which 
 I think I have no bands of relief, possibly 
 for more. As also I apprehend I am en- 
 gadged for Kimmerghame for the sum of 
 to the kirk-session of Inneresk, 
 for which I suppose I have not gottin 
 band of relief. 
 
 I was curator to this Nynwells' father, 
 of which I, with Linthill, &c. are dis- 
 charged. I was curator to this George
 
 64 DOMESTIC DETAILS BY 
 
 Home of Kimmerghame, then designed 
 of Alton, of which the Earle of March- 
 mont, chancellour, has the discharge. I 
 was tutor and curator to Sir John Home 
 of Blackader, and am discharged, the dis- 
 charge registrate in the books of Council 
 and Session, in Sir James Dalrymple's 
 chamber. But I having given band to 
 him to hold compt for my intromissions 
 at the time of that discharge, he hath, since 
 the fire at the Meal Mercat, sent me back 
 my bond, with a discharge on it. I was 
 curator to George Seuttie, my son in-law, 
 and have his discharge, also registrate I 
 think in the sheriif or commissar court- 
 books of Edinburgh. 
 
 About the year 1692, the Laird of 
 Lanton having fallen in ill circumstances, 
 who had gotten himself served tutor-of- 
 law to my nephew, John Cokeburn, and 
 had taken the keeping of him and his 
 sister from Nov'. 1677, that I came to 
 Edin'. with my family. I was much im-
 
 SIR DAVID HUME. 65 
 
 portuned by several friends not to let 
 Ann Cokeburn, only survivor, to stay 
 with a broken man, whereupon I applied 
 to the Privy Council. On end, after some 
 opposition, obtained a warrant to get her 
 from Lanton, and got him by the Lords 
 removed from being tutor, and a gift of 
 tutory to my self, which cost me a con- 
 siderable sum of money before ever I 
 fingered any of her money, which I can 
 not now be special in, but, as I conjecture, 
 might have been about 12lb st. or there- 
 
 by- 
 
 When Ann Cokeburn came to my 
 house, I did within a short time put her 
 to Mrs. Shiens, mistress of manners, she teiis 
 where she was, as I remember, about ^^^^st^ree 
 two years at 5lb st. in the quarter, be- y^^^^- 
 
 . 1 , Home. 
 
 Sides presents. 
 
 Thereafter she staid with me some 
 years, and then she was boarded, first 
 with the Lady Harveston, then after with 
 Waleford, where she still is, at 3lb st. 
 per quarter. 
 
 5
 
 66 DOMESTIC DETAILS BY 
 
 I have payed many annualrents for her, 
 and accounts to merchants, taylors, shoe- 
 makers, &c., given her money, and de- 
 bursed on other accounts for her ; but my 
 compt books and instructions are all burnt. 
 I reckoned, that at the time of the fire 
 when they were burnt, I was nothing in 
 her debt, except it may be some thing on 
 account of the money I had last received 
 out of Ladykirk. For I can not now be 
 positive if I had expended as much for 
 her as that came to, and I incline to think 
 not, but my memory serves me not to 
 condescend on a quota, but inchne to 
 think it was considerably less then that 
 sum then received. 
 
 At the said fire all my nieces papers 
 were burnt, except what still I have, by 
 which I purpose to make them up at the 
 Parliament. 
 
 I must take notice of a notable occur- 
 rence that happened by the fire. 
 
 I had for several years observed the 
 growth of profanity in this place, and
 
 SIR DAVID HUME. 6? 
 
 that it was come to a great hight. I did 
 exceedingly regrat it, and the lukewarm- 
 ness of many who in the dayes of suffering 
 had shewed some zeal, and if any in those 
 dayes, what have foretold them what they 
 are become now, would have said as Ha- 
 zael to Elisha, What, am I a doge ? This 
 did much raise my spirit, and remember- 
 ing that in the late evil times, while I 
 lived in Edinburgh I had been a member 
 of a societie that mett every Mundayes 
 afternoon for prayer and conference, I 
 did often regrate to some of that societie 
 yet alive, that there were not now such 
 meetings. 
 
 It happened some years agoe, that I 
 understood, by the flying post, there were 
 societies set up in England for reformation 
 of manners, and that there was an account 
 of them coming out. This was very plea- 
 sant news to me, and I was very desirous 
 to see such a book. 
 
 In the month of Sept", (as I remember)
 
 68 DOMESTIC DETAILS BY 
 
 1699, 1 was in Mrs. Ogston's shop, where 
 I fell on a book with that title, recom- 
 mended by many Lords Spiritual and 
 Temporal and Judges of England. The 
 book I bought, and read with great satis- 
 faction. 
 
 Some weeks thereafter, in Oct. 99, Mr. 
 G. Meldrum, minister, being at my house, 
 occasion having fairly offered it self, I told 
 him there were societies in England for 
 reformation of manners; that I had a book 
 that gave account of them, and I wished 
 there were such societies in Scotland, and 
 I would be satisfied to join in them. He 
 did heartily wish the same, and having 
 heard of the book, desired a loan of it, 
 which I did give him. I told him, if he 
 knew any willing to join, I wished he 
 might be active in exhorting them to it, 
 and said he had a nephew, Mr. Francis 
 Grant, who, I supposed, might join, and 
 wished him to acquaint him therewith, 
 which Mr. Meldrum undertook to do, and
 
 SIR DAVID HUME. 69 
 
 within a week or so sent Mr. Grant to 
 me with the book. We conferred to- 
 gether on the proposal, to which he did 
 aggrie, and undertook both of us to speak 
 with some others, which resolved in a 
 meeting at my house, on Friday, Nov'. 
 3, 1699, where were present, Mr. Francis 
 Grant, Mr. Robert Alexander, clerk, Mr. 
 William Brodie, advocate, Mr. Mathew 
 Sinclair, and Mr. Alex". Dundass, physi- 
 tians, and I think James Row of Chesters, 
 and Baillie Hugh Cunninghame. We con- 
 ferred some time, and appointed next 
 meeting the morrow forenoon, at Mr. 
 Meldrum's lodging, where having con- 
 ferred again about qualifications of mem- 
 bers, and of acquainting other ministers 
 of the town, we appointed next meeting 
 to be at my house, on Saturday, Nov'. 11, 
 at 4 a clock afternoon, and so on every 
 Saturday, till we had our rules put in a 
 dress, and approven of by the ministers. 
 There was a book of 3 or 4 quares of
 
 70 DOMESTIC DETAILS BY 
 
 paper, in which the rules and monitory 
 was insert, and which was signed by all 
 of us on the 3 of Feb. 1700, the same 
 night in which the fire happened. 
 
 This is the thing I remark as notable, 
 which presently was a rebuke to some of 
 us for some fault in our solemn engadge- 
 ment there, and probably Satan blew that 
 fire to witness his indignation at a societie 
 designedly entered into in opposition to 
 the Kingdom of Darkness, and in hopes 
 that such an occurrence should dash our 
 societie in its infancy, and discourage us 
 to proceed therein. However, blessed 
 be our God, all who then mett have con- 
 tinued stedfast ever since, and our num- 
 ber hath encreased, except only that Dr. 
 Sinclair, several weeks before the fire, did 
 forbear to come to us, and we have had 
 many meetings since that time, even dur- 
 ing the three months that I lived at the 
 Earle of Winton's lodging in the Canon- 
 gate, and more frequently since I came
 
 SIR DAVID HUxME. 71 
 
 again to dwell in the city, except where 
 the meetings of Parliament have fallen 
 on the days of our meeting. Likeas, 
 there are several other societies of the 
 same nature set up in this city ; and we 
 have received the encouragement of the 
 General Assembly and commission there- 
 of, tho' in general terms. Thus I may 
 say, God hath carried on his own holy 
 designs, maugre the mahce of Satan, as 
 in the case of Job. 
 
 Thus I have insert a passage of my 
 fortune as they speake, or rather of the 
 providence of God towards me as to 
 spiritual affairs, which I reckon my most 
 concerning affairs. To return more to 
 my worldly affairs. 
 
 The house I dwell in, and to which I 
 entered at Whitsunday last, I took at 
 430 mks. for the first year, and 400 mks. 
 yearly thereafter, so long as I please to 
 stay in it. I have also taken a cellar not 
 belonging to this lodging, at lift Scots 
 yearly.
 
 72 DOMESTIC DETAILS BY 
 
 On the 27 of August, my sons, James 
 and Francis, sailed for Holland, and 
 Burgh of Burntisland's ship. 
 
 Francis was suddainly sent away with 
 James Wellwood, who said, if I would 
 lett him go with him, he was going to 
 buy a ship for which he had a commis- 
 sion not exceeding 7000ft> Scots. He 
 should take care of him, and if I would 
 bind him with him, it should not cost me 
 a farthing till he returned back. I sent 
 him, and signed the commission for a ^\ 
 part. But Mr. Wellwood has failed first 
 in that. I have payed a guinea of fraught 
 to Mr. Burgh for Francis next, in that 
 upon his desire, I have given him a letter 
 of credit be my son, Mr. Russel, on his 
 brother, John Hamilton at Camphire, for 
 100 geld, and in that I have accepted a 
 bill drawn by him on Mr. Nimmo for 
 5001b Scots, which is more then my 16 
 part of 7000ib Scots for the ship. 
 
 The Parliament having mett 29 of
 
 SIR DAVID HUME. 73 
 
 Oct'' last, I did some dayes thereafter 
 give in a petition for making up my 
 papers burnt in the fire Feb. 3, 1700. 
 This being remitted to the Committee 
 for revising the minutes, viz. the Vis- 
 count Tarbet, Lord Fountainhall, and 
 Mr. David Dalrymple, I have had seve- 
 ral meetings of the committee, when they 
 have taken the depositions of many wit- 
 nesses. Seem several writes and inven- 
 taries preserved. Seem several books of 
 register ; and I have prepared the state 
 of the probation yesterday, being the 11 
 Dec"* 1700, and I expect some few meet- 
 ings will make the report ready. 
 
 I have likewise given in a petition of 
 the like nature for Ann Cokeburn, which 
 is remitted to the same committee, and 
 I hope a litle time will also bring that 
 affair to a conclusion. 
 
 Thus far I have brought a sommary 
 of my affairs unto this day, and resolve 
 henceforth, when any memorable thing 
 occurrs therein, to set it down here.
 
 74 DOMESTIC DETAILS BY 
 
 I have only one thing considerable to 
 set down here. In considering the papers 
 I had burnt, I remembered that Robert 
 Home of Crossrig having, in Dec''. 1696, 
 disposed the lands of Crossrig and 4 
 lands of Edrom to George Home, younger 
 of Wedderburn, he did at that time grant 
 a back-bond to Robert Home, narrating 
 that tho' the said disposition be irredeem- 
 able and absolute, yet that the true cause 
 of granting of the disposition was for 
 money advanced, or to be advanced to 
 Robert Home for carrying of the plea 
 with me, whereof he being repayed, 
 and of all he should expend for him, he 
 obliged him to denude in favours of the 
 said Robert, and the heirs lawfully to be 
 procreate of his body. Having taken 
 out a diligence to cite witnesses and havers 
 of writs, I wrote to Wedderburn that I 
 had necessary occasion for citing him for 
 proving the said back-band, unless he 
 would sign the declaration sent to him, 
 (which was sent him by George Renton,
 
 SIR DAVID HUME. 75 
 
 writer of the backhand, and a witness 
 insert and signing, and which I never 
 saw.) I was informed that he having 
 gotten notice of my letter by one from 
 his brother Frank, when Mr. Alex'. 
 Cokeburn, Reselaw's brother, whom 1 
 employed to deliver my letter, came to 
 Wedderburn, that the laird caused deny 
 himself, whereupon Mr. Alex', caused 
 leave a copy of the diligence at his house. 
 And on Saturday was 8 dayes, he sent 
 his brother to me, to shew me he would 
 have signed the declaration sent him if 
 he had not been cited ; and now that he 
 is cited, he would come in and depone 
 according to his memory. I told Frank 
 that I had written to him that he should 
 not be cited if he would depone accord- 
 ing to a copy of the letter I have kept by 
 me. Frank said farder, that his brother's 
 lady was lately brought to bed before the 
 time, and desired to be excused for some 
 days, and that he expected him in town
 
 76 DOMESTIC DETAILS BY 
 
 on Tuesday next. Well, I said I would 
 be loath to straiten him if his lady was in 
 the least hazard ; but withall, told him 
 I would not have used a Turk so, to re- 
 fuse to sign a paper so lost as mine was, 
 which I had signed before. On Satur- 
 day last, Frank told me his brother wrote 
 to him he was content to sign the said 
 declaration, yet he has not sent it in 
 signed. O but friendship, candor, and 
 justice be rare things in the world, yet I 
 fancy this passage is much rarer then any 
 of them ! 
 
 Tuesday, Dec^ 31, 1700, having had 
 many treaties with Sir James Cokeburn 
 of that Ilk, who, by Providence, came to 
 me the last of August last, and offered 
 to dispone his right to an apprysing which 
 he had adjudged from the representation 
 of Mr. Al. Spotswood, led against the 
 Laird of Wedderburn and his estate in 
 anno 1673, as also a right of wodset to 
 the said Mr. Al. Spotswood to the lands
 
 SIR DAVID HUME. 77 
 
 and Miln of the East Miln of Kimmer- 
 ghame. This he proposed as convenient 
 for Kimmerghame to treat for. I being 
 to go out of town, he gave with me a dis- 
 position drawn, to understand the affair 
 by. He told me he had been in terms with 
 Sir Patrick Home about it, but they had 
 given up, and Sir Patrick bad him do for 
 himself, and he and Wedderburn would 
 do for themselves. 
 
 After consideration of the disposition, 
 and having upon my return from Wale- 
 ford considered the apprysing that com- 
 prehends the eight lands of Crossrig, 
 and having read over the adjudication at 
 Sir James's instance, I find that the ori- 
 ginal debt was a bond be old Wedderburn 
 to Mr. Al. Spotswood in anno 1668 for 
 1283tb or thereby, for which Mr. Spots- 
 wood led an apprysing in anno 1673, 
 and Cokeburn adjudged the same par- 
 ticularly in anno 168-. I considered two 
 difficulties, — one was the old apprysings
 
 78 DOMESTIC DETAILS BY 
 
 against the estate of Wedderburn at Mr. 
 Ninian Lows of Merchiston's instance, 
 and some others, as Sir Lawrence Scot's. 
 To this it was said that they were all 
 payed by the sale of the lands of Wed- 
 derburn's estate, and they were con- 
 veyed in the person of Mr. Robert Dick- 
 son of Bughtrig, who gave back-band not 
 to dispose thereof, but by consent of Pol- 
 wart, Blackader, Prestongrange, and Sir 
 Walter Seton, and thereafter conveyed by 
 Mr. George Dickson, Mr. Roberts, bro- 
 ther to Beaton of Blebo, who married 
 Wedderburn's sister, and it's like had it 
 in security of his Ladie's portion, by him 
 conveyed to Sir Patrick Home, whose 
 daughter is married to young Wedder- 
 burn. Mr. David Dalrymple says the 
 trust may be proven, and he having right 
 to an apprysing at . . Wilson's instance 
 has raised a process for discovery thereof. 
 The next difficultie is Cokeburn's credi- 
 tors, who I'm affraid may trouble me, but
 
 SIR DAVID HUME. 79 
 
 I find not any of them have adjudged this 
 right, except Kimmerghame Mihi. Also, 
 Cokeburn being found bankrupt, it seems 
 straitning that he can do nothing in pre- 
 judice thereof. But considering my in- 
 terest of Crossrig is much in Wedder- 
 burn's reverence, and that I am assured 
 Sir Patrick Home offered to end on the 
 same terms, I have agreed with him. I 
 have this day settled and received a dis- 
 position to the said apprysing and adjudi- 
 cation, and to the mails and duties rest- 
 ing owing unpaid, which comprehends the 
 teinds of the Mains of Crumstane, &c., ex- 
 tending, yearly, to 12 bolls bear and 24 
 b. oats, for crept 97, 98, 99, 1700. And 
 he has delivered to me the registrate band 
 Wedderburn to Mr. Al. Spotiswood, the 
 apprysing at his instance, the adjudication 
 at Sir James his instance, decreet of sus- 
 pension against Wedderburn, 1685 ; two 
 captions against Wedderburn, and he is 
 to deliver what other papers he has or can 
 obtain concerning the said affair. On the
 
 80 DOMESTIC DETAILS BY 
 
 other part, I have given him this day in 
 bank notes, 420lb Scots, and my obliga- 
 tion to pay him, against Whitsunday next, 
 383ft». 4s., with the teind cropt 1700 & 
 1701, as they shall fall due. Mr. James 
 Leslie, Lord Advocate, has the trust of 
 Cokeburn's lands in his name, to be minded 
 in case of 
 
 On . . . 1701, I gote my Act of 
 Parliament passed for making up my burnt 
 papers, and since have extracted it : But 
 could not obtain my nieces read. 
 
 Sir George Nicolson of Kemnay hav- 
 ing used an order of redemption against 
 my niece, as having right to the reversion 
 of the Mains of Ladikirk, he has entered 
 into a contract with her to pay her 12,100 
 mks. at Mart, next, and she is to make 
 over a right to him of her wodset right 
 by proving the tenor of her writs, or by 
 transumpts, wherein he is to be assisting 
 to her, and he, by the president's advice, 
 inclines rather to have the process before 
 the Session, as before the Parhament.
 
 SIR DAVID HUME. 81 
 
 August 20, 1701, I having payed 500 
 lb upon a bill drawn by James Wellwood, 
 skipper, upon me, upon the reason men- 
 tioned supra at the foot of p. 33 [72], and 
 he having failed to get the ship, I got him 
 bound for the sum, and this day he has 
 given me the following papers for my se- 
 curity, whereof I have granted the recept 
 of this dayes date in my own security in 
 the first place, and then for James llus- 
 sel's my son-in-law, viz. — 
 
 Ticket David Mather to 
 
 Dudgeon, indorsed to 
 
 him for . . 80 7 6 
 
 Precept Margarite Dow- 
 glass on the Africa 
 
 Company, indorsed for 
 
 Wellwood, and be him 
 
 to me, . . 120 
 
 Band James Livingston 
 
 for . . . 74 16 
 
 Band Ro'. Dick for . 79 1 
 
 6
 
 82 DOMESTIC DETAILS BY 
 
 Band Al. M'Ritchie for 50 
 Item, Heritable band be 
 
 for . 500 mks. 
 
 With Seasine, . . 333 6 8 
 
 This business is now cleared, with an 
 abatement granted to Wellwood, June 
 11, 1706. 
 
 Having, in prosecution of my bargain 
 with Sir James Cokeburn, sent up a sig- 
 nature to Court, for changing the holding 
 of the lands of Crossrig from simple to 
 tax ward of the Queen, and ratifying 
 and confirming all my other rights, by 
 Mr. Ro*. Home's apprysing the wodset 
 right, and an adjudication against Black- 
 ader, as lawfully charged to enter heir, 
 the same was signed by the Queen, 11 
 May 1706, and sent down to me, which 
 I have taken out, and payed 7ft 10s. st. 
 for the secretaries' dues. I did observe 
 lately, in a debate before the Lords, that 
 there was an objection against an apprys-
 
 SIR DAVID HUME. 85 
 
 ing, that it was led since Sept. 6, 1672, 
 when the Parhament discharged comprys- 
 ings to be led of lands, or other rights, 
 which are not already comprysed, but 
 prejudice alwayes of any apprysing led 
 before the date of this act, or to be de- 
 duced of lands or other rights already ap- 
 prysed, whereof the legal is not expired, 
 which are to have course, conform to the 
 laws and acts formerly made thereanent. 
 It was answered, there were former ap- 
 pry sings. It was replied, that other ap- 
 prysings [were] not good, unless it were 
 alledged their legal was not expired at 
 the date of the said 19 act, viz. on the 6 
 Sept. 1672. This debate seemed so near- 
 ly to concern me, that 1st I looked the 
 date of Mr. Al. Spotswood's apprysing, 
 and find it was led and allowed 1 March 
 1673, which I noticed to be after the date 
 of the said Act of Parliament. This gave 
 me occasion to suspect my right was not 
 good, yet considering that Mr. Al. Spots-
 
 84 DOMESTIC DETAILS BY 
 
 wood was a lawyer, and the apprysing led 
 but about half a year after the Act of Par- 
 liament, it was not possible that he would 
 have led an apprysing and not an adjudi- 
 cation, unless he had known that there 
 were prior apprysings, whose legal was 
 then current. Therefore I ordered my 
 servant, Mr. Thomas Buchannan,to search 
 the register of allowances of apprysings 
 as far bade as an. 1663, and accordingly 
 I find these following apprysings. 
 
 Feb. 28, 1668, fol. 289. Apprysing 
 Al. Home of Linthill ag. G. Home of 
 Wedderburn of the lands of Wedderbum 
 and others, wherein are contained the 
 eight lands of Crossrig. 
 
 March 28, 1672, fol. 242. Apprys. Sir 
 Robert Sinclair of Longformagus, advo- 
 cat, against George Home of Wedder- 
 burn, of the lands of Wedderburn, &c. 
 wherein are the eight lands in Crossrig. 
 
 By these two apprysings it appears Mr. 
 Spots wood's apprysing was led warrant-
 
 SIR DAVID HUME. 85 
 
 ably, conform [to] the said Act of Par- 
 liament, tho' after the date thereof. 
 
 Jan. 29, 1707. On Saturday was 8 
 dayes, Mr. John WiUiamson, minister of 
 Inveresk, came to me and told me there 
 was a band by me, Sir Ja. Home of 
 Blackader, and G. Home of Kimmer- 
 ghame, granted to the poor's box of In- 
 veresk, which he doubted not was for 
 Kimmerghame's behove, he having all- 
 wayes payed the annualrent, and desiring, 
 in respect of Blackader and Kimmer- 
 ghame's deaths, that the bond may be 
 corroborated by their sons. I told him 
 I thought that could not be done. 
 
 27th Instant. Mr. George Pitcairn, 
 doer for the said Kirk Session, spoke of 
 the same, Munday last, and sent me the 
 date of the bond, and yesterday I re- 
 ceived from him the following note. 
 
 Bond granted by Sir David Home of 
 Crossrig, one of the Senators of the Col- 
 lege of Justice, Sir John Home of Black-
 
 86 DOMESTIC DETAILS BY 
 
 ader, and George [Home] of Kimmer- 
 ghame, conjunctly and severally, their 
 heirs, executors, and successors, to the 
 deceast Mr. Richard Thomson, minister 
 at Inneresk, and John Duncan, then 
 Kirk Thesaurer, and their successors in 
 office, in name of the Session, and for the 
 use and behove of the poor of the parish 
 of Mussleburgh, covering annualrent from 
 date, viz. 2. Feb. and 27- August 1698, 
 and payable at the term of Lam. then 
 next, with 600 mks. of liquidate expenses 
 and annualrent, yearly, monthly, and 
 proportionally thereafter, during the not 
 payment. 
 
 Mr. Ja. Dickson tells me this is Kim- 
 merghame's debt, and that he payed the 
 annualrents. But I cannot find a bond 
 of relief, which makes me think it was 
 burnt in the fire 3 Feb. 1700, with many 
 other papers relating to Kimmerghame, 
 but no doubt it will be found in his diary 
 . of the said date, and probably there will
 
 SIR DAVID HUME. 
 
 87 
 
 be found amongst Sir John Home's 
 papers a bond of relief by Kimmerghame 
 to him thereof.
 
 APPENDIX. 
 
 ACT FOR PROYEING THE TENOR OF SOME WRITS IN 
 FAVORS OF SIR DAVID HOME OF CROSSRIG. 
 
 OUR SOVEREIGN LORD with advice and consent 
 of the Estates of Parliament Considering that upon 
 ane Petition given in by Sir David Home of Cross- 
 rig one of the Senators of the Colledge of Justice to 
 His Majesties High Commissioner and the Estates 
 of Parhament Mentioning that it was not unknown 
 to His Grrace and that high and honourable Court 
 how that on the third of February last there broke 
 out in the meal mercat of this City a most dreadfull 
 Conflagration to the destruction in a few hours of 
 the most beautifull fabricks thereof The said Sir 
 David haveing his lodgeing immediately above M' 
 John Buchan''s house where the fire began and where 
 it had made such progress before he knew thereof 
 that the first thing he saw after his advertisement 
 was the flames comeing out at M' John Buchan's 
 windows so that he had scarce time to escape with 
 
 7
 
 90 APPENDIX. 
 
 the lives of his familie many of them being in bed 
 Whereby he hath sustained a great loss not only of 
 his furniture and liberary but in the destruction of 
 his own papers and other papers of his friends and 
 relations whereof he had the Custody And seeing 
 there are still extant some Inventars of papers then 
 destroyed and that the said Sir David and his authors 
 have been in the immemorial and uninterrupted pos- 
 session of the Lands of Crossrig and that he pro- 
 duces a Disposition granted since the fire by Robert 
 Home sometime of Crossrig now deceased makeing 
 mention of a former disposition made by him to the 
 said Sir David as the result of an submission And 
 seeing the original Writs were all lately seen and 
 considered at an Consultation conform to an Inven- 
 tary and Information produced And that in paralell 
 cases that honourable Court hath been in use to find 
 out expedients for supplieing writs spoiled or destroy- 
 ed by fire or otherwayes particularly since the Revo- 
 lution in the Case of Sir Thomas Burnet Doctor of 
 Medecine who had several of his writs burnt by the 
 fire which began in his own house and of Sir James 
 Stuart his Majesties Advocat and others And there- 
 for Craveing that His Majestie and the honourable 
 Court of Parliament would be pleased to commit 
 this afair to some of their number to take tryal of the 
 matters of fact represented and others to be repre- 
 sented to the Committie and to grant Diligence, and 
 upon their report to give such remedie as his Majes- 
 tie and that honourable Court should think fit as the
 
 APPENDIX. 91 
 
 samen Petition more fully proports Ane Commission 
 was accordingly given to the persons therein men- 
 tioned being one of each state vig. The Viscount of 
 Tarbat Sir John Lauder of Fountainhall Knight and 
 M' David Dalrymple Advocat three of their number 
 And that the saids Commissioners haveing given in 
 and returned their report of their proceedings and 
 judgement concerning the premisses Bearing that 
 they haveing diverse times met and conveened by 
 vertue of the said remit and haveing Examined 
 sundry famous Witnesses concerning the Inventars 
 aftermentioned and Writs therein contained and 
 other Writs aftermentioned And haveing likewayes 
 considered the Inventars themselves and haveing 
 compared several Writs extant relative to the Writs 
 lost in the late fire and mentioned in the said Inven- 
 tars with the surpriseing loss and occasion of burn- 
 ing the said Writs They are of opinion that the 
 Causa amissionis or manner how the said Writs 
 were lost is sufficiently proven in so far as it is not- 
 tour and proven by the testimonies of the Witnesses 
 that upon the third of February last there broke out 
 a fire in the lodgeing immediately under the Lord 
 Crossrigs lodging in the meal mercat of Edinburgh 
 while part of his familie were in bed and his Lord- 
 ship going to bed and that the allarum was so sud- 
 den that he was forced to retire in his night deaths 
 with his children half naked and that when the peo- 
 ple were sent in to his closet to help out with his 
 Cabinet & papers the smoak was so thick that they
 
 92 APPENDIX. 
 
 only got out a small Cabinet with great difficulty 
 But albeit his papers were lying on the floor or hung 
 about the walls of his closet in pocks yet they durst 
 not stay to gether them tho they were desired to do 
 it So that that Cabinet and Alexander Christie his 
 servants lettron which stood near the door of the 
 lodgeing with some few other things was all that was 
 got saved and the rest even to his Lordships wear- 
 ing cloths were burnt As to the Writs awanting they 
 are of opinion that there are several pregnant gene- 
 ral presumptions and evidences as to the most ma- 
 terial parts of the writs for evinceing that such 
 Writs did exist and were of the ordinary tenor of 
 such Writs and several evidences which relate to 
 particulars The general presumptions are these 
 Primo a tract of acts of property and possession by 
 the said Lord Crossrig and his authors for upwards 
 of fourty years as registrat wadsets, backtacks, tacks 
 to tennents, decreets in processes betwixt the pro- 
 prietors wadsetters and tennents and discharges of 
 few duties Secundo It appears the principal rights 
 in the Lord Crossrigs person were a wadset granted 
 by his authors the Homes of Crossrig in favors of 
 Sir John Home of Blackadder convoyed by progress 
 to the Lord Crossrig with a discharge of the rever- 
 sion of the said wadset by Eobert Home of Crossrig 
 And sicklike an Appriseing at the instance of M' 
 Robert Home Minister at Craufordjohn also con- 
 voyed by progress to the said Lord Crossrig And 
 farder his Lordship being Creditor to Robert Home
 
 APPENDIX. 93 
 
 designed of Crossrig in several sums of money con- 
 tained in bonds granted by the said Robert and 
 David Home his father and convoyed to the said 
 Lord Crossrig And there haveing arisen some ques- 
 tion bet\\'ixt the said Lord Crossriff and the said 
 Robert Home whereon mutual processes did ensue 
 the whole matter was settled by submission and de- 
 creet arbitral pronunced by the deceast ]\P John 
 Frank and M"" Thomas Skeen Advocats arbiters and 
 the Lord Mersingtoun oversman whereby the said 
 Robert was Decerned to Dispone of new and Ratifie 
 his Lordships rights All which is clearly adminiculat 
 by a disposition granted by the said Robert Home 
 designed of Crossrig now deceased dated the twelvth 
 of February last recently after the fire narrating the 
 premises and that he had granted a former disposi- 
 tion in implement of the decreet arbitral of the like 
 tenor And which is farder adminiculat by the testi- 
 mony of Alexander Christie one of the Witnesses 
 adduced and \Yriter of and Witness to the first dis- 
 position who depones upon the tenor of the first dis- 
 position and Exhibit the scroll of the samen as it 
 was amended and which is marked by the said Coni- 
 mittie As also by the testimony of Sir John Home 
 of Blackadder who depones that he and the said 
 Alexander were Witnesses to the first disposition 
 and that the said Alexander was the Writer of it 
 and he the said Sir John saw it subscribed and 
 heard it read Which Adminicles by \\Tit and AVit- 
 nesses as they conceive are sufficient to make up the
 
 94 APPENDIX. 
 
 tenor of the material Writs wanting Tertio there 
 are seven Inventars produced which contain the 
 whole Writs to be made up except two or three 
 which are otherwayes pregnantly asstructed Of these 
 Inventars five are wTitten by the Lord Crossrigs own 
 hand and were taken from the papers then extant in 
 his own hands long before the fire And for clearing 
 that the Inventars were writ long before the fire It 
 is proven by concurring testimonies that upon the 
 allarum of the fire the said Lord Crossrigs Cabinet 
 was carried out of his house from one lodgeing to 
 another as the fire pursued and threatned untill at 
 last it was lodged in the house of WiUiam Hamilton 
 of Wishaw at the head of the West-bow and that it 
 was put in the said Wishaws own closet and that 
 the said Lord Crossrig went from his own lodgeing 
 to Young Walliford's, where he continued until the 
 Wednesday after the fire and then he went up to 
 Wishaw's lodgeing where his Cabinet was brought 
 out and Wishaw Declared that it had not been seen 
 by any body since it was put in And then the said 
 Lord Crossrig did open the Cabinet in presence of 
 Wishaw young Walliford M' Charles Binning Ad- 
 vocat his brother the said Alexander Christie and 
 James Marshall nottar publict And there is a note 
 subjoyned to every one of the said Inventars sub- 
 scribed by the said Witnesses bearing that the In- 
 ventars were taken out of the Cabinet which is at- 
 tested by James Marshall nottar publict and de- 
 poned by the said James and three other of the
 
 APPENDIX. 95 
 
 Witnesses Which Inventars written by the said 
 Lord Crossrig's hand who is a person of unquestioned 
 probity and reputation They do conceive are very 
 pregnant Adminicles for making up such of the 
 Writs contained in the Inventars as are awanting 
 The sixth Inventar marked by David Denhohn and 
 WilHam Innes Writers in Edinburgh containing the 
 progress of the most material Writs is clearly ad- 
 miniculat First by the forsaids five Inventars men- 
 tioning the most of these Writs Secondly by the 
 concurring testimonies of the saids David Denholme 
 William Innes and Alexander Christie whereby it is 
 evident that the Lord Crossrig haveing entered into 
 a Communeing with Alexander Trotter in Press 
 for the sale of the Lands of Crossrig the said Alex- 
 ander Christie did deliver the Writs contained in 
 the said sixth Inventar written by the said Alexan- 
 der Christies own hand to David Denholme agent to 
 the said Alexander Trotter who carried them to M' 
 Thomas Skeen to consult the progress and that 
 M"" Thomas did di-aw an Information upon the said 
 progress which is likewayes produced \vritten by 
 William Innes the said M' Thomas his servants hand 
 After which the Writs were dehvered again by the 
 said David Denholme to the said Alexander Christie 
 and by him returned to my Lords closet before the 
 fire So that these Inventars give mutual light and 
 testimony to one another and both clear the Exist- 
 ence and general tenor of the Writs awanting The 
 seventh Inventar is of the Writs given out in process
 
 96 APPENDIX. 
 
 by the Lord Crossrig against Robert Home designed 
 of Crossrig which is adstrueted by the testimonies 
 of Alexander Christie who wrote the Inventar and 
 took it from the Writs themselves and gave it out 
 to M' John Frank's man signed by M'' Thomas 
 Skeen and by the testimony of the said William 
 Innes who produces a note of the process taken re- 
 lateing to the whole Inventar And depones that the 
 process was given out to M' John Frank and by a 
 registrat Inhibition on the foresaid process which 
 narrats the whole debts contained in the Inventar 
 Lastly the Writs contained in the forsaids Inventars 
 and which are awanting are strongly adminiculat 
 First by the Books of Registers which they have 
 seen & compared and wherein they find such of the 
 Writs as are mentioned in the said Inventars to be 
 registrat are Recorded and agrie with the Inventar 
 as to the tenor and dates except where the Registers 
 are not compleat The Decreet Arbitral is specially 
 adminiculat First by the Disposition of Robert Home 
 of Crossrig narrating the tenor of it Secondly by the 
 testimony of Alexander Christie who was Clerk to 
 the submission and wrote the Decreet Arbitral who 
 produces for clearing his causam scientise the forsaid 
 scroll of the first disposition mentioning likewayes 
 the tenor of the Decreet Arbitral subscribed before 
 the fire with a note of the account relative to the 
 Minuts of the submission Thirdly by the oaths of 
 David Denholme and William Innes and Inventars 
 marked and exhibit by them wherein the said Sub-
 
 APPENDIX. 97 
 
 mission and Decreet are expressly contained 
 Fourthly by the discharge of the reversion above- 
 mentioned granted by the said Robert Home to the 
 said Lord Crossrig before the. fire and registrat in 
 the General Register of reversions &c. Item as to 
 the backhand granted by Wedderburn younger to 
 the said Robert Home relative to an disposition 
 made by him in the said Wedderburn''s favours It 
 is the opinion of the Oommittie that the tenor of the 
 same is sufficiently proven and that thereby Wed- 
 derburn did acknowledge that albeit the disposition 
 granted by Robert Home of Crossrig to him was ab- 
 solute yet he oblidged himself to denude in favors of 
 the heirs of the said Roberfs body when existing and 
 required Reserveing the said disposition for security 
 of the Expenses wared out by him in the said Robert 
 Homers affair and that George Rentoun was writer 
 of the disposition and Halyburton and he witnesses 
 And that by the testimonies and dispositions of the 
 said George Home of Wedderburn and of the ^^Titer 
 and witnesses therein And lastly as to the bond 
 gi'anted by James Home of Greenlawdean to the said 
 Sir David for the sum of Thirty thousand merks and 
 dated the twenty day of December I™ vj'' and seven- 
 ty five years They are of opinion that the same is 
 sufficiently adminiculat First by a disposition grant- 
 ed by the said James Home of Greenlawdean to the 
 said Sir David narrating the date and tenor of the 
 said bond and Secondly by an decreet of adjudica- 
 tion following upon the said bond likewayes narrat-
 
 98 APPENDIX. 
 
 ing the date and tenor thereof And seeing it is not- 
 tour that the said Sir David Home is a person of 
 eminent and unquestionable integrity so that it can- 
 not be doubted but that the whole writs contained 
 in the said Inventars were extant when he made 
 and writ the Inventars thereof with his own hand 
 Therefore and for supplying the want thereof It is 
 their opinion that there be an Act of Parliament 
 made wherein the saids Inventars should be verbatim 
 insert and which should be the tenor after mentioned 
 of this present Act And His Majestie and Estates of 
 Parliament haveing taken to their consideration the 
 said report and grounds thereof Therefor His Ma- 
 jestie with the advice and consent of the said Estates 
 of Parliament has Allowed and Approven and by 
 thir presents Allow and Approve the report forsaid 
 And for supplieing the want of the said Lord Cross- 
 rig''s Writs and Evidents burnt and lost upon the 
 occasion forsaid His jNIajestie with advice & consent 
 forsaid has Declared Statute and Ordained and be 
 thir presents of certain knowledge upon and for the 
 Causes and Considerations forsaid after mature deli- 
 beration Declares Statuts and Ordains the forsaids 
 Inventars (whereof the tenor follows and are here- 
 after verbatim insert) or an Extract of this present 
 Act to be as valid effectual and sufficient authentick 
 and forcible and to make as great faith in judge- 
 ment and outwith the samen in time comeing in so 
 far as the words of the said Inventars proports for 
 Intenting of pursutes Founding of Exceptions and
 
 APPENDIX. 99 
 
 other alleadgeances thereupon Instructing of services 
 satisfying of productions in reductions and improba- 
 tions and in all other actions and to all other effects 
 ends and purposes as if the principal Evidents were 
 extant of the dates tenor and contents mentioned in 
 the said Inventars And which haill writs are to be 
 understood and presumed to be of the usual stile and 
 tenor of such writs and to contain all the clauses 
 used and wont to be insert by the usual conception 
 of such writs. August 13. 1684, INVENTAR of 
 the debts payed by Sir John Home of Blackadder 
 for Crossrig with the within wTitten writs. 1, Bond 
 Home of Crossrig and his Cautioners to Kathrine 
 Wilson and her son for the sum of one thousand 
 merks of principal dated the tenth of November, 
 1627, arent from the date ten in the Hundreth. 
 2, Assignation of the said bond by Patrick Ruch- 
 head and his mother to M' Allan Lundie and of aU 
 the bygone arents dated the twenty fifth of June 
 jm yjc ^^fi thii-ty four. 3, Bond Robert Hume of 
 Crossrig to William Ker portioner in Huttoun for 
 five hundred merks dated the twenty ninth of 
 May I™ v'f thirty three registrat in the books of 
 Council 24 June 1636, arent from the date at ten 
 per Cent. 4, Assignation of the said bond arents be 
 the said William to M' Allen Lundie tenth of No- 
 vember I™ \'f and thirty five. 5, Band John Home 
 of Crossrig to M"^ Allan Lundie for one Hundred 
 merks thirty first December I™ vj** and thirty four 
 arent from Whitsunday I™ vj" and thirty five. 6.
 
 100 APPENDIX. 
 
 Bond Elizabeth and John Homes to ]\P Allan Lun- 
 die for two hundred eighty three pound twenty first 
 of May I™ vj** and thirty four arent at Whitsunday 
 jm yjc g^Q(j thirty five at ten per Cent. 7, Assigna- 
 tion of the said haill bonds and assignations and 
 certain other debts of AP Allan Lundie to Sir Jolin 
 Home of Blackadder first of March 1™ vj** and thirty 
 nine. 8, Band Elizabeth and John Homes to John 
 Lundie for one hundred & four pounds ten shillings 
 the twenty seventh day of I™ \'f and 
 
 thirty four arent at Whitsunday thirty five at ten 
 per Cent. 9, Assignation of the said bond to Black- 
 adder first of March 1°^ vj*' and thirty nine. 10, 
 Bond Biobert Home of Crossrig and his Cautioner 
 to Archbald Fish for 600 merks 29 May 1618 with 
 a note of receipt on the back of it and an assignation 
 to Sir John Home of Blackadder twenty ninth of 
 March I" vj** and fourty one without arent. 11, 
 Band John Home of Crossrig to the said Archbald 
 Fish for one hundred and twenty pounds first De- 
 cember I™ vj** and thirty-six with an note of recept 
 on the back of it to Blackadder and an assignation 
 twenty ninth of Marchl™vj° and fourty one arent from 
 the Eighteenth May V^ vj'' thirty seven. 12, Tran- 
 sumpt of a bond Robert Home of Crossrig to Mr. 
 Alexander Kinneir parson of Whitsom against John 
 Home of Crossrig bond dated twenty fourth of De- 
 cember I°* vj** and twenty four Transumed twenty 
 sixth of March I™ vj'' and fourty with an note of re- 
 cept on the back of it and assignation to Blackadder
 
 APPENDIX. 101 
 
 twenty first of December I" vj'' and fourty without 
 arent. 13, Bond John Home of Crossrig to John 
 Home his natural brother for five hundred sixty 
 two merks eleventh November I" vj° and thirty 
 nine with a note of recept and assignation thereof 
 to Blackadder on the back of it tenth August I™ vj'' 
 and fourty arent from the date. 14, Bond Elizabeth 
 and John Homes to George Thomson in Dunce for 
 one hundred and eighteen pounds thirteen shilling 
 fifeteenth July I™ vj" and thii'ty five arent from 
 Martinmas I"" vj" and thirty five at eight per Cent. 
 
 15, Assignation thereof and two years arent to 
 Blackadder thirtieth April I™ \'f and thirty eight. 
 
 16, Bond Elizabeth and John Homes to M"" John 
 Home Provost of Dunglass for two hundred and 
 twenty pounds eight May I™ vj** and thirty four with 
 a note of recept and assignation on the back to 
 Blackadder seventeenth June I™ vj" and fourty arent 
 from Whitsunday I™ vj*' and thirty four at ten per 
 Cent, 17, Another bond the said parties to the 
 said M"" John for two hundred merks tenth March 
 I™ v'f and thirty six with a note of recept and as- 
 signation on the back to Blackadder twelvth Janu- 
 ary V^ vj*^ and fourty one arent from Whitsunday I™ 
 yj" and thirty six at Eight per Cent. 18, Discharge 
 of few duties to Whitsunday I™ vj** thirty eight Laird 
 of Wedderburn to Blackadder being the sum of Sixty 
 five pounds and there are several discharges since, 
 This discharge is dated the twenty eight June I™ vj° 
 and thirty eight. 19, Bond John Home of Crossrig
 
 102 APPENDIX. 
 
 to George Bell in Dunce for Eighty nine pounds 
 tenth May I™ vj° fourty one with an other little ac- 
 count of Eleven pounds eleven shillings subscribed 
 by the said John Home arent from Martinmass I™ 
 vj*' and fourty one. 20, Assignation of two bonds 
 Robert Home of Crossrig to John Home brother to 
 Patrick Home of Broomhouse the one of one hun- 
 dred and ten merks the Sixteenth of December I™ 
 vj** and fourty seven the other of Sixty three pounds 
 dated the Eighteenth of JNIarch V^ \'f and twenty 
 nine Which assignation is made to Rodger Armour 
 in Berwick fifth of September 1°^ vj** thirty four. 21, 
 Discharge Sir John Home of Blackadder and John 
 Home of Crossrig to John Fish farmer in Crossrig 
 for four years rent vig. for ]\Iartinmass I™ vj** and 
 thirty six Whitsunday and Martinmass I™ vj° and 
 thirty seven Whitsunday and JNIartinmass I"" v'f and 
 thirty eight Whitsunday and Martinmas I™ vj® and 
 thirty nine Whitsunday I™ vj*' fourty containing an 
 particular account of many sums depursed for Cross- 
 rig to be Considered whether they will affect the re- 
 version or can prescrive dureing the not redemption 
 seeing there are severals of them besides the sums 
 contained in the wodset and subscribed inventar of 
 debts dated sixteenth May V^ \'f fourty. 22, In- 
 ventar subscribed by the said Sir John Elizabeth 
 and John Homes of the debts Entituled thus At 
 Blackadder place twenty sixth May I™ vj° fourty 
 Compt of the debts and burdens upon the Lands of 
 Crossrig wherewith Sir John Home of Blackadder
 
 APPENDIX. 103 
 
 knight is bound to pay and has payed and is to give 
 reversion upon be vertue of the Clause and Condition 
 of reversion contained in the first Contract. 23, 
 Discharge M*^ Allan Lundie to Sir John Home of a 
 quarters arent of the said three thousand and fourty 
 nine merks for Whitsunday and Martinmass V^ \'f 
 and thirty seven. 24, Recept Rodger Armour in 
 Berwick to John Fish of Seven hundred merks in 
 part of payment I™ x'f and 
 
 thirty seven It is torn. 25, Bond the said John 
 Home to the said Sir John for one hundred merks 
 payable at the redemption of the Wadset to Sir 
 John and the Successors of the Wadset thirteenth 
 June 1°* vj" and fourty. 26, Compt of the sums for 
 which the Wadset of Crossrig were granted extend- 
 ing to Six thousand and ninety seven merks three 
 shilling ten pennies. 27, Discharge a part M' Alex- 
 ander Kinneir to Sir John Home of Blackadder, &c. 
 of the sums contain, supr. N. 12, dated second De- 
 cember 1^ \'f and fourty Registrat twenty fifth 
 January 1°* vj*^ and fourty three It put in with that 
 transumpt. 28, Wadset Elizabeth and John Homes 
 to John Bowie of Priestrig for two hundred and 
 fifty merks in anno I™ vj° and thirty four. 29, Dis- 
 charge John Bell in Dunce to John Fish farmourer 
 in Crossrig of one hundred and six pounds thirteen 
 shilling four pennies as Cautioner for Elizabeth 
 Home of Crossrig second May I"^ vj*' and fourty. 
 30, Inhibition John Home and others contra Eliza- 
 beth Home I"" \'f fifty nine. August 15, 1684. IN-
 
 104 APPENDIX. 
 
 VENTAR of the Wadset on the Lands of Crossrig 
 and Writs following thereupon. 1, The Wodset 
 itselfe dated second August I™ vj" and thirty six 
 regrat in the books of Council and Session 10 Fe- 
 bruary 1642. 2, Tack Elizabeth Home of Crossrig 
 and John Home her son to Sir John Home of Black- 
 adder of the Lands &c. of Crossrig to run dureing 
 the Wadset and for payment of the few duties to 
 the superior fifeteenth October I™ vj" thirty six. 3, 
 Inhibition Sir John Home contra Elizabeth Home 
 Archibald Broun of Berriehill her spouse and the 
 said John Home for security of the sums in the 
 Wadset and Implement of the Wadset Signet 27 
 November, 1639, executed personally against them 
 all fourth January 1640 and at the mercat Cross of 
 Dunce the said day Registrat in Dunce fifth June 
 jm yjc j^j-j(j fourty. 4, Assignation Sir John Home 
 to James Home his son of the Contract of Wadset 
 and of the Lands of Crossrig eighteenth September 
 I™ vj" thirty nine registrat in the books of Council 
 and Session eight of October I™ vj** and fourty. 5, 
 Assignation the said Sir John to his said son of the 
 tack sup : N. 2. dated second January I™ vj*' fourty. 
 6, 7, Charter a me et de me of the said Lands of Cross- 
 rig Elizabeth Home &c. to Sir John Home and his 
 son James Home sixteenth May V^ \'f fourty Con- 
 firmed on the back of the Charter and seasine a me 
 by Sir David Home of Wedderburn superior of the 
 said Lands dated fifteenth March I™ vj° fourty two. 
 8, Seasine to the said Sir John Dame Kathrine
 
 APPENDIX. 105 
 
 Home and their son James in the said Lands under 
 the hands of George Todrig nottar pubHct dated 
 twenty ninth June 1™ vj" and fourty Registrat 
 in the general Register of seasines twentieth July 
 I™ vj° and fourty M' Francis Hay. 9. Tack Dame 
 Kathrine Home Lady Aitoun to David Home of 
 Crossrig and Isobell Home his spouse the long- 
 est liver of them two of the said Lands of Cross- 
 rig houses manner place &c. from Whitsunday I™ 
 vj" and fourty four to Whitsunday 1™ vj" and 
 fourty seven for the sum of Eight hundred and 
 fifty merks to be paid to the Lady her heirs Ex'* 
 or assigneyes she freeing the said David and his 
 spouse of the few duties and the said David pay- 
 ing the parsonage and viccarage teinds with fourty 
 merks failgie toties quoties And in caso the tack 
 duty run over unpayed be the space of any one of 
 the years then the tack to be void so as it shall be 
 liesum to the Lady and her foresaids to enter again 
 without any peril of Ejection Litrusion or other 
 danger of the Law whatsomever as if the said tack 
 had never been made or granted Which tack is 
 dated twenty eight June I™ vj*^ fourty four. 10, 
 Another Tack the said Dame Kathrine Home for 
 her self and takeing burden on her for her said son 
 James to the said David and Isobel Homes of the 
 said Lands and teind shaves for the space of other 
 three years beginning from Whitsunday I™ vj° and 
 fourty nine to last till Whitsunday I™ y'f fifty two 
 whereby David and Isobel are bound to pay yearly 
 
 8
 
 106 APPENDIX. 
 
 three hundred fifty five pound thirteen shilling four 
 pennies as tack-duty Beginning the first terms pay- 
 ment at Martinmass 1™ vj^ fourty nine and to relieve 
 the Lady and her son their heirs Exe" and assigneyes 
 of all taxations impositions annuities monethly main- 
 tenance outreiking of horse and foot souldiers and 
 other burdens whatsomever imposed or to be imposed 
 dureing the space abovespecified with 
 
 of liquidat Expences in care of ilk terms 
 failgie Which tack is the date of the twenty third 
 of June I™ vj*' and fourty nine. 11, Decreet of Ab- 
 solvitor John Fish tennent in Crossrig against Eliza- 
 beth Home, and Her husband Archibald Broun in 
 respect of the production of the abovespecified Con- 
 tract of Wadset whereby the maills and duties were 
 assigned to Sir John Home This Decreet is before 
 the Sheriff tenth April I'" vj'^ and fourty three. 12, 
 About the same time there was ane precept obtained 
 from the Sherif at the instance of the Lady Aitoun 
 against the said John Fish dated twenty seventh 
 March I™ vj° and fourty five Executed Indorsed sum- 
 monds Lady Aitoun elder against John Fish. 13, 
 Mutual Discharge Dame Katherine Home and David 
 Home of Crossrig and Issobell Home his spouse nar- 
 rating a tack by the Lady to them of the Lands of 
 Crossrig and that notwithstanding thereof the Lady 
 is content to compt and reckon with them for the 
 rents furder nor payes her termly the arent of Six 
 thousand merks Therefore deduceing an account in 
 the said discharge she discharging the said David of
 
 APPENDIX. 107 
 
 the arent of the said sum for Whitsunday and Mar- 
 tinraass I™ vj'' and fourty six And considering the 
 said David has received payment of the superplus 
 therefor he discharges the Lady of her haill Intro- 
 missions for Martinmass I"* vj" and fourty five Whit- 
 sunday and Martinmass l*" vj** fourty six and of all 
 other sums of money that he may ask of her dated 
 twelvth February I*" vj° and fourty seven, 14, An- 
 other Discharge be the said David Home to the 
 Lady Aitoun of her intromissions tenth June I™ vj° 
 fourty five. 15, Instrument of Resignation the said 
 Elizabeth Home of the Lands of Crossrig by her 
 Baillie Mark Home son to Sir John Home of Cold- 
 ingknows in the hands of Sir David Home of Wed- 
 derburn and John Home younger of Blackadder su- 
 periors of the saids Lands in favors of Sir John Home 
 of Blackadder but prejudice of the Reversion in fa- 
 vors of John Home of Crossrig Which Instrument is 
 under the hands of M' George Trotter writer dated 
 sixteenth September I™ vj** thirty seven, August 1 8, 
 1G84. Inventar of the Recepts of the few duties of 
 Crossrig and of the valued teinds, 1, Recepts of few 
 duties for years I" vj" and thirteen I"^ vj** and four- 
 teen 1°* vj" fifteen 1^ y'f sixteen 1™ vj** and seventeen 
 jm yjc jj^j^jj eighteen I"" vj*' and twenty I™ vj° and 
 twenty two 1°^ vj° and twenty four I™ vj" and twenty 
 five I™ vj*' and twenty six I™ \'f twenty seven I™ vj° 
 and thirty seven in with the grounds of the Wadset 
 I™ vj" and thirty nine and I™ vj° and fourty Dis- 
 chargeing all preceedings, Two for 1° vj° and fourty
 
 108 APPENDIX. 
 
 one, Two for I™ vj'= & fourty two, Two for I™ vj** and 
 fourty three, Two for I™ vj** fourty four, Two for 
 jm yjc g^jjjj fourty five, Two for 1™ vj° and fourty 
 six, Two for I™ vj" and fourty seven. Two for I™ vj* 
 and fourty eight. Two for 1™ vj*' fourty nine Dis- 
 chargeing all proceedings. One for 1°^ vj° and fifty 
 and Whitsunday I™ vj" and fifty one, One for Mar- 
 tinmas I™ vj" and fifty one and Whitsunday 1™ vj" 
 and fifty two. One for Martinmass 1™ vj** fifty two 
 Whitsunday and Martinmass I™ vj*' and fifty three. 
 One for Whitsunday and Martinmass 1™ vj*' and 
 sixty three discharging all proceedings. One for 
 Whitsunday and Martinmass I™ vj*' and seventy five 
 Dischargeing all proceedings. 2, Recept Laird of 
 Wedderburn and M"" George Dickson of Buchtrig of 
 one hundred and twenty pounds in satisfaction of all 
 bygone few duties and in part of payment of the 
 composition to be made for receiveing M' David 
 Home his vassall Which Recept is dated twenty 
 first of July I™ vj" seventy seven This and the thr 
 following are now put in with the other papers cf 
 the debts due by Crossrig Letter H. 3, Agreement 
 betwixt Wedderburn M"" David Home and Crossrig 
 subscribed be Wedderburn sixteenth November I™ 
 vj° and seventy eight. 4, Recept Harvistoun to M' 
 David Home in pursuance of the said agreement for 
 the sum of three hundred merks thirty first October 
 1°* vj* and seventy nine. 5. Bond Harvistoun to 
 M' David Home for three hundred merks till per- 
 fiteing the said agreement thirty first August I™ vj°
 
 APPENDIX. 109 
 
 and eighty. 6, Two Instruments James and David 
 Homes contra the Laird of Wedderburn the one 
 upon offer of the few duties in anno I™ vj'' sixty six the 
 other in anno 1™ vj" and sixty seven. 7, Recept of Dis- 
 charge of the teind of Crossrig Cropts I" vj'^ and thirty 
 nine I™ vj*^ fourty 1™ vj*^ fourty one 1™ vj** and fourty 
 two I™ vj'' fourty three 1™ vj" fourty four I™ vj" and 
 fourty five I™ vj** and fourty six I™ vj"^ and fourty 
 eight I™ vj*^ fourty nine and I"" vj" and fifty. 8, Re- 
 cept for five and six terms taxation for Crossrig anno 
 jm yjc gjj^ thirty three. 9, Discharge by EUzabeth 
 Home of Crossrig for the annuity agreed to be payed 
 to her by the Contract of Wadset and for the years 
 jm yjc thirty six I"^ vj" thirty seven 1™ vj*^ and thirty 
 eight V^ vj° and thirty nine I™ vj" and fourty I™ vj" 
 and fourty one 1°^ vj" and fourty two I™ vj** and fourty 
 three 1™ \'f and fourty four I™ vj** and fourty five 
 jm ^jc fourty six I™ vj'' fourty seven and I™ vj° and 
 fourty eight. 10, Discharge for her annuity I"* vj*' 
 and fourty nine due at the Whitsunday containing 
 a Discharge of all preceedings and Discharge and 
 Renunciation of the said annuity in all time comeing 
 dated fifth of June I™ vj° fourty nine Registrat in 
 the books of Council and Session the thirtieth of 
 June 1™ \'f and fourty nine. August 20, 1684, In- 
 ventar of the Writs gotten from M*' Robert Home 
 Minister at Crafordjohn &c. 1, A Contract betwixt 
 John Home of Crossrig on the one part and George 
 Bowmaker and JeanBowmaker his spouse on the other 
 part Whereby the said John a(jknowledges the recept
 
 110 APPENDIX. 
 
 of five hundred marks Scots and grants a Wadset in 
 the Lands of Crossrig for sixty merks yearly Which 
 Contract is dated the eight of January I™ \'f and 
 ninety Transferred against Thomas Home brother 
 to the said John Home of Crossrig sixteenth June 
 I™ vj** and ninety seven In presence of the Lords of 
 Council and Session. 2, Assignation the said George 
 Bowmaker to M' James Home parson of Dunbar of 
 the said sum and Contract Which Assignation is 
 dated I™ vj° and three Eegistrat 
 
 in the books of Council and Session the first of Oc- 
 tober I™ vj° and thirty. 3, Decreet of Adjudication 
 M' John Home Lesmahagow against James Home 
 as lawfully Charged to enter heir to the said M' 
 James Home his father whereby the said sum is ad- 
 judged to the said M' John of the date the twenty 
 second of November I™ vj° and thirty six But this 
 Decreet I have not seen though I have sought dili- 
 gently for it and therefor it most be Extracted out 
 of the Registers. 4, Translation the said M' John 
 Home in favors of M' Robert Home Minister of 
 Craufordjohn of the said sum and haill papers above- 
 mentioned first of October I"* vj** and sixty one. 5, 
 Inhibition the said James Home against Elizabeth 
 Home of Crossrig on the said grounds signet the 
 tenth of March I™ vj° and thirty two Execute 
 against her personally apprehended the seventeenth 
 of April I™ vj** thirty two and at Dunce and Green- 
 law the eighteenth day Register in the General 
 Register both Letters and execution the fifeteenth
 
 APPENDIX. Ill 
 
 May I'" vj" and thirty two. 6, Decreet the said 
 M' Robert Home against the said EHzabeth con- 
 stituteing the debt against her which did then 
 amount to five hundred merks of principal and to 
 three thousand one hundred and eighty merks of 
 arents Which Decreet is in foro contentiosissimo 
 before the Lords second of January I°* \'f and sixty 
 three. 7-. Decreet EHzabeth Home against Robert 
 Home her tutor in anno V^ vj° & twelve Adduced 
 by M"" Robert Home to prove the passive titles 
 against her. 8, Charge to enter heir in special to 
 Thomas and John Homes of Crossrig M' Robert 
 Home contra the said Elizabeth signet the ninth of 
 January I™ vj" and sixty three Execute be Robert 
 Home messenger the twelvth of January V^ vj** and 
 sixty three. 9, Letters of Appriseing the said M' 
 Robert against the said Elizabeth Home and the 
 Lands of Crossrig Hiltoun and Edrem signet the 
 twenty first of February I™ vj" and sixty three. 10, 
 Executions of the said Letters of Appriseing where- 
 by it appears the messenger Robert Home did on 
 the fourth and fifth dayes of March I"^ vj*' and sixty 
 three pass to the dwelling house of the said Eliza- 
 beth Home in Lambdean and to the ground of the 
 several Lands and as well within her dwelling 
 house as on the ground of the Lands &c. diligently 
 searched and sought respective the said Elizabeth 
 her readiest goods and geir moveable &c. but the 
 messenger has forgot to set down Witnesses to the 
 searching of her moveables at her dwelling house.
 
 112 APPENDIX. 
 
 11, Decreet of Appriseing the said M' Robert against 
 the said EHzabeth Appriseing the Lands of Crossrig 
 Hilltoun and Edrem which appriseing is of the date 
 the twenty fourth of March I"* y'f and sixty three 
 for Three thousand six hundred and eighty merks 
 principal one hundred and eighty four merks of 
 sherif fie in all three thousand eight hundred and 
 sixty four merks. 12, Charge against the superiors 
 \ig. The Earl of Home and Lairds of Wedderburn 
 & Hiltoun to receive the said M^ Robert Home as 
 a vassal signet the eight of April I™ vj** and sixty 
 three. 13, Executions thereof by Robert Home 
 messenger against the Earl of Home personally 
 against Wedderburn and Hiltoun at their dwelling 
 houses dated the fourth and fifth dayes of May 1"* 
 vj° and sixty three. 14, Disposition and Assigna- 
 tion the said M*" Robert Home to James Home of 
 Greenladean of the said Decreet of Appriseing haill 
 grounds and warrands thereof the seventh of August 
 jm yjc g^jj^j sixty five. 15, Disposition James Home 
 of Greenladean to M' David Home of all his rights 
 &c. dated the tenth of April I™ vy seventy seven 
 registrat the twenty fourth of April I" vj" and 
 seventy nine. 16, Seasine the said M' David Home 
 in the Lands of Crossrig and others under the hand 
 of James Trotter nottar seventeenth of May I™ vj*= 
 seventy seven Registrat in the General Registers the 
 ninth of June I" vj*^ seventy seven. 17, Decreet of 
 Maills and Duties M' David Home against David 
 and Robert Home of Crossrig for the maills of Cross-
 
 APPENDIX. 113 
 
 rig Whitsunday and Martinmass I"^ vj*' and seventy 
 seven Whitsunday I™ \'f and seventy eight at nine 
 hundred merks per annum in absence at Dunce the 
 six of June I™ vj** and seventy-eight. 18, Decreet 
 of removeing said M' David Hoflie against said 
 parties of the said date. 19, Precept of Poinding 
 on the first Decreet of the said date. 20, Precept 
 of Ejection upon the said Decreet of the said date 
 This is at present in Eobert WhilHs's hand to be 
 called for. 21, Tack M' David Home with consent 
 of David Home and his wife Issobell to Thomas 
 Douglas of five years at nine hundred and fifty 
 merks yearly with Oasualities and the Tennent to 
 pay viccarage and parsonage teinds, twenty fourth of 
 March I™ \'f and seventy nine. 22, Horning the 
 said M' Robert Home contra Elizabeth Home for 
 the principal sum of thousand merks 
 
 haill bygone arents and arents of the said arents con- 
 form to the Act of Parliament signet the ninth of 
 January I™ vj'= and sixty three execute against her 
 personally apprehended the twelvth of January 1"° 
 vj*^ sixty three Denunced at Dunce the third of Fe- 
 bruary I™ vj*^ and sixty three and the Letters and 
 Denunciation regrat in the General Register the 
 twelvth of February I™ vj*^ and sixty three. August 
 20, 1684, Inventar of the Writs containing debts be 
 David and Robert Homes of Crossrig to James and 
 M' David Homes. 1, Band David Home of Cross- 
 rig for one thousand eight hundred and eight pounds 
 to James Home of Greenladean dated the third of
 
 114 APPENDIX. 
 
 December I™ vj*' and sixty two. 2, Band the said 
 David Home as principal and James Home as cau- 
 tioner to Robert Watson indweller in Eccles for the 
 sum of six hundred and sixty six pounds thirteen 
 shilhngs four pennies dated the fifeteenth of Febru- 
 ary I™ vj*^ sixty six Begistrat in the books of Coun- 
 cil and Session the thirteenth of March I"^ vj*^ seventy 
 two. 3, Letters of horning at the said R.obert''s in- 
 stance against the said parties on the said bond 
 signet the fourteenth of March I™ vj'= and seventy 
 two. 4, Executions of the said horning the twenty 
 first of March I"" vj"^ and seventy two by George 
 Watson messenger. 5, Inhibition the said Wat- 
 son against the said parties signet the thirteenth 
 of March 1°* vj*' and seventy two. 6, Executions 
 against the said parties Execute personally against 
 David twenty first March I°* vj*^ and seventy two 
 and at the Cross of Dunce and Greenlaw and 
 against the said James personally apprehended the 
 twenty eight of March I™ vj*^ and seventy two as also 
 at the said Crosses the twenty third of April I"" vj" 
 and seventy two. The Letters and Executions re- 
 gistrat in the General Register the twenty sixth of 
 April I™ vj*^ and seventy two. 7, Assignation the 
 said Robert Watson to the said James Home of the 
 principal sum of one thousand merks and haill 
 arents thereof whilk was resting owing since the 
 date of the said bond dated the twenty second of 
 July I™ vj* and seventy four. 8, Bond Robert 
 Home of Crossrig and Issobell Home his mother to
 
 APPENDIX. 115 
 
 Charles Ormistoun for one hundred and seventy 
 seven pounds four shilhng dated the sixteenth of 
 January I™ vj*^ & seventy two Registrat in the books 
 of Council and Session the tenth of September I™ 
 vj*^ and seventy two. 9, Letters of horning upon the 
 said bond signet the twenty fourth of September I™ 
 vj*' and seventy two. 10, Execution thereof ag* both 
 persons personally apprehended on the fifth of Octo- 
 ber I™ vj*^ and seventy two by George Watson mes- 
 senger. 11, Assignation of the said sum and bond 
 to James Home of Greenlawdean the thirty first of 
 January I"* vj'^ and seventy three. 12, Precept of 
 poinding by the Commissar of Lauder upon bond 
 granted by David Home of Crossrig and his wife to 
 James Johnstoun for one hundred and nine pounds 
 eighteen shilling Scots dated the seventh of June I™ 
 vj'= and sixty seven regrat in the books of Lauder 
 the twenty third of April I" vj'= and seventy two. 
 13, Assignation the said James Johnston to James 
 Home of the sum of eighty six pounds eighteen 
 shilling Scots with the arents from Whitsunday I™ 
 vj*^ and seventy three of the foresaid one hundred 
 and nine pounds eighteen shilling contained in the 
 abovespecified band the ninth of May I"" vj*= and 
 seventy four, 14, Precept M"^ Charles Home and 
 Recept Alexander Martin to M' David Home of 
 Sixty four pounds which was due (tho not so worded) 
 for the nonentries of Crossrig's Land of Hiltoun that 
 held of the King January the fourth I™ vj'= and 
 seventy eight. 15, Account and recept of the Ex-
 
 116 APPENDIX. 
 
 pences of my decreet of maills and duties and de- 
 creet of removeing against Crossrig the sum of four- 
 ty two pounds four shilling subscribed by the Clerk 
 Alexander Martin. 16, Discharge of thirty six 
 pounds in part of payment of the arents of four hun- 
 dred and fifty merks due by David Home of Crossrig 
 as principal and James Home of Greenladean as 
 cautioner to John Fairlie received from M' David 
 Home the tvi^enty ninth of April I™ vj"^ and eighty. 
 Vid. other discharges since that time in the bundle 
 of Discharges. 17, Discharge of few duties Wedder- 
 burn to James Home for Martinmass I"* vj*^ and se- 
 venty four and proceedings thirteenth of June I™ vj*^ 
 seventy four. Vide Inventar, 0. E. for other Re- 
 cepts of few duties. 18, Account of depursements 
 for the Expedeing of the rights of the Lands of Hil- 
 toun not yet compleated. 19, Disposition of move- 
 ables David Home of Crossrig to James Home where- 
 in he acknowledges he is resting to the said James 
 certain great sums of money which will exceed the 
 worth and value of his lands and heretadges &c. the 
 first of December I"* vj'^ and seventy four. 20, Se- 
 veral Cess tickets for the Cess of Crossrig vig. for 
 the fifth sixth seventh eighth ninth & tenth terms 
 supply payable by act of Convention and for the first 
 and second terms supply payable by Act of Parlia- 
 liament. 21, Four Excise tickets The first from 
 first August I" vj*^ and eighty to the first of May 
 I" vj'^ and eighty one The second from the first of 
 May I" vj*^ and eighty one to first of November I™ vj*=
 
 APPENDIX. 117 
 
 and eighty one The third from first of November I™ 
 vj* and eighty one to first of May I™ \'f and eighty 
 two. The fourth for Excise proceeding first of May 
 I"* vj*' and eighty four. 22, Precept by M"^ David 
 Home on Thomas Douglas and Recept Robert 
 Home of Crossrig to him for six pounds Scots the 
 fifth of September I™ vj*= and eighty two. 23, Pre- 
 cept the said M"^ David on Thomas Douglas aud 
 Recept John Home Schoolmaster at Huttoun the 
 twenty fifth of December I™ vj*^ and eighty two. 24, 
 Precept on the said Thomas and Recept Issobell 
 Home Crossrig's relict for two Dunmonts at six shil- 
 lings sterling three pounds twelve shilling the nine- 
 teenth of February I™ vj*^ and eighty three. 25, 
 Recept William Nisbit of Six pounds eight shilling 
 for timber to the house of Crossrig twenty seventh 
 July I"* vj'= and eighty three. 26, Recept Robert 
 Home of Crossrig to Thomas Douglas on a precept 
 of my Wifes for two hundred pounds the eleventh 
 of December I™ vj*^ and eighty two. 27, Recept 
 David Home of Crossrig to Thomas Douglas of five 
 rix dollars upon a precept by M' David Home the 
 tenth of August I™ vj*^ and eighty one. 28, To 
 Jolui Home Schoolmaster of Huttoun two years an- 
 nuities to Whitsunday I™ vj'= eighty four per his re- 
 cept the seventh of July I" vj*= and eighty four. 29, 
 Two doubles of bills of suspension the said David 
 Home of Crossrig contra M"^ David Home charger 
 and the said M' David's answers in anno I™ vj'= and 
 seventy eight. 30. Minut subscribed betwixt David
 
 118 APPENDIX. 
 
 Home of Orossrig M' David Home and Henry Car- 
 michael anent the sale of the four Lands of Edrem 
 for the sum of four thousand merks dated at Chirn- 
 side the twenty fourth of May I™ vj*^ & seventy nine. 
 31, Note of agreement betwixt George Carmichael 
 of Edrem and the said Orossrig whereby it is agried 
 that they pass hinc inde from the above written Minut 
 dated the seventeenth of November I™ vj'= and eighty 
 one but not subscribed by agreement. 32, Disposi- 
 tion of the said four Lands unsubscribed. 33, Five 
 doubles of the Account Charge and Discharge with 
 Crossrig. 34. Note of an order on Edrem to pay to 
 Crossrig one hundred and thirty one pounds twelve 
 shilling and six pennies Which day lent to the said 
 David Home of Crossrig one rix dollar, 35, Renun- 
 ciation John Dauy to Robert Home of Crossrig of 
 three aikers in Hiltoun. 36, Crossrigs Charge till 
 Whitsunday I"^ vj*^ and seventy six wi'itten be James 
 Home himself. 37, Some Letters. 38, These papers 
 are here which are in the other Inventar in with 
 this vig. the twelvth, thirteenth, fourteenth, fifeteenth 
 sixteenth, seventeenth, eighteenth, nineteenth, twenty 
 first, twenty second, twenty third and twenty fourth 
 articles. 39, Cess Tickets for Martinmass I™ vj'^ and 
 eighty four Whitsunday and Martinmass l"" vj"= and 
 eighty five for the University of Saint Andrews se- 
 cond September I"* vj*= eighty five Whitsunday and 
 Martinmass I"* vj'= eighty six and an Excise Ticket 
 to first of September I™ vj*= eighty five. 40, Two 
 Recepts be the reader of Huttoun for Whitsunday
 
 APPENDIX. 119 
 
 jm yjc eighty five and eighty six. 41, Recept John 
 Hastie measen for twelve pounds fourth of Novem- 
 ber I"* vj*^ and eighty six. 42, Contract betwixt 
 David Home of Crossrig and his mother I™ vj*^ and 
 fifty seven. 43, Inventar of the Writs received by 
 Archibald Fish from Blackadder I™ vj*^ and fourty 
 one concerning Falconers Land in Ey mouth. 44, 
 Ticket by Issobell Home goodwife of Crossrig to the 
 Lady Aitoun anent the allowance of some quarterings 
 to her fourth of February I™ vj'^ fourty eight. In- 
 ventar of the Writs relateing to the Lands of Cross- 
 rig. 1, Charter granted by George Ogilvie of Dun- 
 lugus to Thomas Home in Crossrig and Elizabeth 
 Home his spouse the longest liver of them two in 
 life rent which failgieing to John Home eldest law- 
 full son to the said Thomas of his part of the Lands 
 of Crossrig with the pertinents dated the twenty eight 
 of December I™ v'= and seventy six. 2, Seasing fol- 
 lowing on the said Charter dated the twenty sixth 
 of February the said year. 3, Charter by Robert 
 Logan of Restalrig to the said Thomas and Elizabeth 
 Homes of his part of the forsaid Lands of Crossrig 
 extending to a four merk Land dated the fifeteenth 
 of April I™ v"^ and seventy nine. 4, Instrument of 
 seasine following on the said Charter dated sixteenth 
 of April I™ v*^ and seventy nine. 5, Precept of Clare 
 Constat by the said George Ogilvie of Dunlugus to 
 Thomas Home as heir to the deceist John Home his 
 uncle in his part of the forsaid Lands of Crossrig 
 dated the thirty first of December I™ v*= and ninety
 
 120 APPENDIX. 
 
 six. 6, Instrument of seasine on the forsaid precept 
 of Clare Constat dated the twenty third of March 
 I"" v*^ and ninety six. 7, Precept of Clare Constat 
 by the Laird of Wedderburn to Elizabeth Home as 
 heir to her uncle John dated twenty sixth of March 
 jm yjc j^jj(j gjj. Instrument of seasine on the forsaid 
 precept dated twenty sixth of April I™ vj*= and 
 six Instrument of seasine on the forsaid precept 
 dated twenty sixth of April I™ vj*^ and six. 9, 
 Precept of Clare Constat the said Laird of Wed- 
 derburn to the said Elizabeth Home as heir to 
 Thomas Home dated twenty sixth of March I™ vj*^ 
 and six. 10. Instrument of seasine following there- 
 on dated twenty sixth of April I™ vj*^ and six. 11, 
 Contract of Wadset betwixt Sir John Home of 
 Blackadder on the one part Elizabeth Home of 
 Crossrig with consent of Archibald Broun of Ber- 
 riehill then her future spouse on the second part 
 and John Home her son on the third part of the 
 date the second of August I™ vj*^ and thirty six, 
 registrat in the books of Councill and Session upon 
 the tenth of February I™ vj*' and fourty two. 12, 
 Assignation be the Laird of Blackadder in favors of 
 his spouse and James his son of the forsaid Contract 
 of wadset dated the eighteenth of September I™ vj*^ 
 and thirty nine Registrat in October 1™ vj*^ and 
 fourty. 13, Charter Elizabeth Home of Crossrig 
 and John Home her son to the said Sir John Home 
 of Blackadder and his spouse and son of the Lands 
 of Crossrig dated the sixteenth of May I™ vj'= and
 
 APPENDIX. 121 
 
 fourty. 14, Another Charter of the said lands be 
 the said EHzabeth and John Homes in favors of 
 the said Sir John Home his said spouse and son 
 dated the Sixteenth May I"" vj'^ and fom-ty. 15, In- 
 strument of seasin on the forsaid Charter dated the 
 twenty ninth of June I™ vj*^ and fourty Registrat in 
 the General Register of Seasines keept at Edinburgh 
 upon the twentieth of July the said year, 16, Dis- 
 position by the said James Home therein designed 
 of Greenladean to Sir David Home of Crossrig of 
 the forsaid Lands of Crossrig dated the twentieth of 
 April I™ vj*= and seventy seven Registrat in the 
 books of Session upon the twenty fourth of April the 
 said year. 17, Special Retour David Home of Cross- 
 rig as heir to his brother John dated the fourteenth 
 of April I™ vj*^ and seventy four. 18, General Re- 
 tour Robert Home as heir to his uncle John dated 
 the twenty seventh of March I" vj*^ and eighty three. 
 19, General Retour the said Robert as heir to his 
 father David dated the second of July I™ vj*^ and eighty 
 seven. 20, Letter of reversion in parchment grant- 
 ed by Sir John Home of Blackadder in favors of 
 John Home and his heirs dated the thirteenth of 
 January I" vj*= and fourty one Registrat on the 
 twenty seventh of January the said year. 21, Sub- 
 mission and Decreet Arbitral betwixt the said Sir 
 David Home and the said Robert Home dated the 
 eighteenth of February I"" vj* and ninety eight. 22, 
 Principal Disposition by the said Robert Home in 
 favors of the said Sir David Homo dated the twenty 
 
 9
 
 12^ APPENDIX. 
 
 sixth of July I" yj*^ and ninety eight, Inventar of 
 the Grounds of the Summonds at the Instance of 
 the Lord Crossrig against Robert Home of Crossrig 
 Imprimis Principal Summonds and an Execution for 
 first and second diets Item principal bond by the 
 deceast David Home of Crossrig and Issobell Home 
 his spouse to the deceast James Home of Greenla- 
 dean therein designed lawfull son to Sir John Home 
 of Blackadder for the sum of one thousand eight 
 hundred and five pounds Scots money of principal 
 bearing arent and expences Which bond is of the 
 date the third and dayes of December 
 
 I"* vj*^ and sixty two years, Item Band by the said 
 deceast DaAad Home as principal and the said de- 
 ceast James Home as Cautioner to Robert Watson 
 indwellar in Eccles for the sum of one thousand 
 merks Scots of principal with arent and penalty 
 dated the fifeteenth day of February I"** vj" and 
 sixty six years and registrat in the books of Council 
 and Session upon the thirteenth day of March I" vj* 
 and seventy two Item principal assignation by the 
 said Robert Watson to the said deceast James 
 Home of the forsaid bond principal sum arent and 
 penalty therein contained which is dated the twenty 
 second of July I™ vj*^ and seventy four Item bond 
 be the said Robert Home son to the said David 
 Home and Issobell Home of Crossrig to Charles 
 Ormistoun merchant in Kelsoe for the sum of one 
 hundred three score seventeen pounds four shil- 
 ling Scots of principal with arent and penalty of the
 
 APPENDIX. 123 
 
 date the sixteenth day of January I™ vj" and seventy 
 two years Registrat in the books of Council and Ses- 
 sion upon the tenth of September the said year : 
 Item principal assignation by the said Charles Or- 
 mistoun to the said deceast James Home of the for- 
 said bond principal sum arent and penalty which is 
 of the date the thirtie first of January I"" v'f and 
 seventy three years Item band be the said deceist 
 David Home of Crossrig and Issobell Home his 
 spouse to James Johnstoun for the sum of one hun- 
 dred and nine pounds eighteen shilling Scots of prin- 
 cipal, with arent and penalty of the date the seventh 
 of Jvme I™ vj" and sixty seven years Registrat in the 
 Commissar Court books of Lauder upon the twenty 
 third day of April I"* vj* and seventy two years 
 Item principal assignation be the said James John- 
 stoun therein designed servitor to the Laird of Keanis 
 to the said James Home of the forsaid bond princi- 
 pal sum arent and penalty therein contained of the 
 date the ninth day of May 1°* vj' and seventy four 
 years Item an account of fourty seven pounds money 
 forsaid payed by the said deceast James to the Laird 
 of Kimmergem for seed bear and pease to the said 
 David Home Item an account of nineteen pounds 
 lent to him by the said deceast James Home Item 
 an account of sixty four pounds Scots money payed 
 by the said deceast James Home for the said deceast 
 David Home to M' Charles Home Sheriff depute for 
 what was due to him at the sale of the Lands of 
 Hiltoun Item Principal Disposition by the said de-
 
 124 APPENDIX. 
 
 ceast James Home of Greenladean to the said Lord 
 Crossrig pursuer of all and sundry his goods geir 
 debts sums of money and others pertaining to him 
 the time of his decease which is of the date the 
 twenty day of April I™ yj*' and seventy seven Item 
 Principal bond by the said deceast David Home as 
 principal and the said deceast James Home of Green- 
 ladean as cautioner to John Fairly indweller in 
 Edinburgh for the sum of four hundred and fifty 
 merks with arent and expences which bond is of the 
 date the twenty first of April I™ vj" and seventy six 
 Item Disposition be the said John Fairlie to Thomas 
 Kincaid Chirurgeon Apothecary Burgess of Edin- 
 burgh to all and sundry his goods geir debts sums 
 of money bonds and others pertaining to him the 
 time of his decease which disposition is dated the 
 sixteenth of December I™ vj*^ and eighty two and 
 registrat in the books of Council and Session upon 
 the sixteenth day of December I™ vj*' and eighty four 
 Item Instrument of publication of the said disposi- 
 tion at the mercat Cross of Edinburgh which is of 
 the date the said sixteenth day of December I" vj° 
 and eighty two Item Principal translation of the 
 haill premises by the said Thomas Kincaid in favors 
 of the said Lord Crossrig pursuer dated the nine- 
 teenth of December I"* vj"= and eighty four Item An 
 account of fourty two pounds Scots money payed by 
 the said Lord Crossrig pursuer for a decreet of re- 
 moveing and decreet of maills and duties before the 
 Sheriff of Berwickshire against the said deceast 
 
 /4.
 
 APPENDIX. 125 
 
 David Home Item Account of other fourty two 
 pounds payed by the said pursuer of Expences to 
 Robert Watson Charles Ormistoun and James John- 
 stoun and for a summonds of transferring at his in- 
 stance of a summonds of removeing at the said 
 James Home's instance all against the said David 
 Home Item Precept drawn by the said pursuer on 
 Thomas Douglas tennent in Orossrig to give to the 
 said deceast David Home five rix dollars Item Re- 
 cept the said deceast David Home to the said Thomas 
 Douglas on the foot of the forsaid Precept Which 
 Recept is dated the tenth of August I™ vj" and eighty 
 one Item Recept by the said Robert Home to the 
 said Thomas Douglas for ten shillings sterling on the 
 foot of a precept drawn by the said pursuer on him 
 Which receipt is dated the first of September I"* vj" 
 and eighty two Item Recept by Issobell Home re- 
 lict of the said deceast David Home to the said 
 Thomas Douglas for two Chaser sheep at six shilling 
 sterling the two upon the foot of the said pursuers 
 precept drawn on him for that effect Which recept 
 is dated the nineteenth of February I™ vj'^ and eighty 
 three Item Recept the said Robert Home of Cross- 
 rig of the sum of two hundred pounds Scots money 
 as the expences of his fathers funerals on the foot of 
 the said pursuer's Lady's precept drawn on Thomas 
 Douglas Which recept is dated the twenty fifth of 
 December I"* vj'^ and eighty two Item An account 
 of two hundred and fifty pounds sixteen shilling and 
 four pennies of Expences depursed by the said de-
 
 126 APPENDIX. 
 
 ceast James Home of Greenladean for the said de- 
 ceast David Home of Crossrig for the Expedeing of 
 the rights of some Lands in Hiltoun Item Factory 
 and Commission by the said David Home to the 
 said deceast James Home for procureing him infeft 
 in the two Lands in Hiltoun which is dated the 
 thirteenth of January I™ vj*^ and sixty one Item 
 These papers aftermentioned which were never In- 
 ventared whose tenors are made up in manner afore- 
 mentioned vig. Backhand granted by George Home 
 younger of Wedderburn to Robert Home of Cross- 
 rig relative to an disposition made by him in the 
 said Wedderburn's favors whereof the tenor is suffi- 
 ciently proven that thereby Wedderburn did ac- 
 knowledge that albeit the said disposition granted 
 by Robert Home to him was absolute yet he obliged 
 himself to denude in favors of the heirs of the said 
 Roberts body when existing and required Reserveing 
 the said disposition to him for Security of the Ex- 
 pences waired out by him in the said Roberts affairs 
 Which backhand is of the date the day of 
 
 years Item Bond granted by the de- 
 ceast James Home of Greenladean to the said Sir 
 David for the sum of thirty thousand merks dated 
 the twentieth of December I™ vj" and seventy five 
 years And lastly Our Sovereign Lord with the ad- 
 vice and consent forsaid Declares that this present 
 Act shall be and is hereby Excepted furth of and 
 from any Act Salvo to be past in this Session of 
 Parliament.
 
 UNIVERSITY OF CALIFORNIA LIBRARY 
 
 Los Angeles 
 This book is DUE on the last date stamped below. 
 
 THE LIKKAKT 
 
 ONIVERSITV <*^ < ALIFORNU 
 LOS AMGELfiS
 
 DA 
 
 C8A14.
 
 r^^'lmi' 
 
 \(V 
 
 
 m 
 
 /■^■ 
 
 ^^oii 
 
 ^'i^Ai 
 
 'fsm: 
 
 49 
 
 AUk 
 
 tmj,