UJ 
 
{^/ 
 
.-^^ 
 
/* 
 
 TEARES 
 
 FOR THE 
 
 DEATH OF ALEXANDER 
 
 EARLE OF DUNFERMELING, 
 
 LORD CHANCELLAR OF JpCOTLAND. 
 
 EDINBURGH : 
 
 IMPRINTED AT THE BANNATYNE CLUlS^PRESS, 
 
 BY JAMES BALLANTYNE, 
 
 M.DCCC.XXIII. 
 
TO 
 
 SIR WALTER SCOTT, Bart. 
 
 OF ABBBOTSFORD, 
 AND TO THE OTHER MEMBERS OF THE 
 
 iSanttatgne Club. 
 
 THIS REPRINT 
 IS RESPECTFULLY DEDICATED 
 
 BY 
 
 JAMES MAIDMENT. 
 
 ?'£88?3 
 
THE BANNATYNE CLVB, 
 
 FEBRUARY MDCCCXXIII. 
 
 SIR WALTER SCOTT, Bart. 
 
 THOMAS THOMSON, ESQ. VICE-PRESIDENT, 
 
 THE LORD CHIEF BARON OF SCOTLAND, 
 
 THE LORD CHIEF COMMISSIONER OF THE JURY COURT, 
 
 LORD BANNATYNE, 
 
 SIR WILLIAM ARBUTHNOT, BART. 
 
 JAMES BALLANTYNE, ESQ. 
 
 ROBERT BELL, ESQ. 
 
 JOHN CLERK, ESQ. 
 
 HENRY COCKBURN, ESQ. 
 
 ARCHIBALD CONSTABLE, ESQ. 
 
 DAVID CONSTABLE, ESQ. 
 
 ROBERT DUNDAS, ESQ. 
 
 ROBERT GRAHAM, ESQ. 
 
 HENRY JARDINE, ESQ. 
 
 THOMAS KINNEAR, ESQ. 
 
 DAVID LAING, ESQ. 
 
 REVEREND DOCTOR JOHN LEE, 
 
 JAMES MAIDMENT, ESQ. 
 
 GILBERT LAING MEASON, ESQ. 
 
 JOHN ARCHIBALD MURRAY, ESQ. 
 
 ROBERT PITCAIRN, ESQ. 
 
 JAMES SKENE, ESQ. 
 
 GEORGE SMYTHE, ESQ. 
 
 PATRICK FRASER TYTLER, ESQ. 
 
MEMBERS ADMITTED 
 
 25th NOVEMBER, 1823. 
 
 THE EARL OF MINTO, 
 GEORGE CHALMERS, ESQ. 
 WILLIAM BLAIR, ESQ. 
 J. T. GIBSON CRAIG, ESQ. Jvv. 
 ANDREW SKENE, ESQ. 
 THOMAS MAITLAND, ESQ. 
 
PREFACE. 
 
 The Editor is inclined to suppose that the Author of this 
 Poem was John Lyoun of Auldbar, the only son of Sir Thomas 
 Lyoun, better known in Scottish History, by the appellation of 
 " The Tutor of Glammis," — and as the coadjutor of WiUiam, 
 Earl of Gowrie, at the " Raid of Ruthven." Whether he was 
 the offspring of Sir Thomas Lyoun's first marriage does not 
 appear. Wood, in his edition of Douglas's Peerage, has stated, 
 that John's cousin, the Honourable James Lyoun, obtained 
 these lands of Auldbar from his father, and that dying without 
 issue, they returned to Ann Murray, Coimtess of Kinghorn,' 
 and to John, Earl of Kinghorn, her son, (his brother-german ;) 
 as these parties had a charter to the Barony, dated 8th August, 
 1617. If this statement were correct, it would certainly throw 
 some doubt upon the claims of authorship, advanced on the part 
 of John Lyoun of Auldbar : — but, upon consulting the Index 
 of Retours, there seems to be great reason to doubt the accu- 
 racy of Douglas, — ^for, upon 6th May, 1642, John, second Earl 
 of Kinghorn, was served heir-male, ratione conquestus, to James 
 Lyoun of Auldbar, his brother-german, in this estate. It is, 
 therefore, abundantly evident, that if Earl John was in pos- 
 session of the property of the lands in 1617, upon charter and 
 sasine,that there could be no necessity for his service in 1642. 
 No doubt, the Countess of Strathmore and her son, might have 
 expede a charter to the barony of Auldbar in 1617 ; but this 
 
VI PREFACE. 
 
 deed may have related to the superiority of Auldbar, with- 
 out any reference to the property ; as it is by no means impro- 
 bable that John Lyoun and his father, held these lands of the 
 head of the family. — Or John Lyoun may have sold the lands 
 in question to his relative. This last supposition, is probably 
 the more correct one ; as one thing is quite clear, that the Earl 
 of Kinghorn, or his younger brother, the Honourable James 
 Lyoun, could not have succeeded to the property, as heirs-at- 
 law, because John Lyoun had a sister married to Robert Sem- 
 pill of Belltrees, the author of the well-known Elegy on Habbie 
 Simpson, the piper of Kilbarchan ; — of which marriage, there 
 was issue. Possibly, there might have been an entail, limiting 
 the succession to heirs-male. If access could be obtained to the 
 title deeds of the property, the matter might be satisfactorily 
 explained. 
 
 John Lyoun of Auldbar, married a daughter of George Glad- 
 stones, Archbishop of St Andrews. He was served heir to his 
 father. Sir Thomas, upon 6th August, 1608, in the Barony of 
 Melgund, commonly called Auldbar ; and he was, at a later 
 date, (9th November, 1611,) served heir to his father, in the 
 Barony of Muirladderwood, &c. In the year 1612, he ob- 
 tained a Parliamentary ratification of an infeftment of the pa- 
 tronage of the Kirk of Roscobie. The period of his decease, 
 however, has not been ascertained. 
 
 It would appear from the dedication, that the author (who- 
 ever he was) was related to Lady Beatrice Ruthven, Lady 
 Cowdenknowes, daughter of the first Earl of Gowrie, and an- 
 cestress to the present Earls of Home ; but the Editor has been 
 unable, to trace the degree of relationship between the Ruth- 
 vens and the Lyouns of Auldbar, 
 
PREFACE. Vll 
 
 The Earl of Dunfermline, whose death forms the subject of 
 the Poem, was a man of considerable talent. In like manner 
 with the celebrated Sir Thomas Hamilton, his professional ex- 
 ertions as a lawyer, were the primary cause of his subsequent 
 elevation. Having been appointed an Ordinary Lord of Session, 
 he was afterwards promoted to the situation of President, — ad- 
 vanced to the Chancellorship, and to the rank of a Lord of Par- 
 liament, — and latterly, to the higher dignity of an Earl. He 
 died in his house at Pinky, in April, 1622, aged 67. In Mait- 
 land of Lethington's MS. History of the Family of Seatoun, 
 enlarged by Alexander Viscount of Kingston, (in the Advocates' 
 Library,) it is stated, that he " dyed with regret of all that knew 
 him, and the love of his countrie, and was interred at his bu- 
 riall-place in Dalgatty, the May thereafter, with great honour."* 
 His lordship was succeeded in his titles and estates by his son 
 Charles, who, during the earlier part of his life appears, from 
 the Decisions, collected by Gibson of Durie, to have been much 
 harassed with law-suits at the instance of his mother, Marga- 
 ret, sister of John, first Earl of Tweeddale, who afterwards 
 married James' first Earl of Callender. 
 
 Much cannot be said in favour of the poetical merits of this 
 Poem. The Editor admits, that it is characterized by that 
 quaintness, and disfigured by those conceits, which were the 
 fault of the age ; and that not a few of the verses are pretty to- 
 lerable examples of the art of sinking in poetry ; but, on the 
 
 * For farther particulars, regarding this distinguished lawyer, the Editor 
 may refer to « The Life of Sir Thomas Craig," by P. F. Tytler, Esq. Edin- 
 burgh, 1823, p. 229. 
 
Vlll PREFACE. 
 
 Other hand, he thinks he may venture to affirm, that some of 
 the lines possess vigoui', — that the versification is, in some places, 
 harmonious ; — and that there is, throughout, a degree of feel- 
 ing, highly creditable to the Author. The short poem, at the 
 end, is of a superior cast ; and as Headley justly observes of the 
 poetry of Southwell the Jesuit, there is to be found in it, " a 
 moral charm, that will prejudice most readers of feeling in fa* 
 vour of their author." 
 
 The Editor does not know of any other copy of this Tract, 
 than the one, perhaps unique, (now in the possession of his friend 
 Robert Pitcairn, Esq.) which formerly belonged to Robert Milne, 
 writer in Edinburgh. He takes this opportunity of expressing 
 his regret, that so little has been discovered (to use the words of 
 Crawford) relative to " a person well known to be indefati- 
 gable in the studies of Scots antiquities," — and one to whom he 
 (Crawford) acknowledges himself to be much indebted, for ac- 
 cess to " his vast collection from the public records," which 
 were " frankly communicate" to him.* The period of his demise, 
 seems to have escaped the research of the accomplished Editor 
 of Lord Fountainhall's Chronological Notes. On accidentally 
 turning over the pages of the British Magazine, or London and 
 Edinburgh Intelligencer, for 1747, the Editor found the follow- 
 ing entry of his death : — " Robert Miln, writer, aged 103. He 
 enjoyed his sight and the exercise of his understanding, till a 
 little before his death, and was buried on his birth-day." Upon 
 referring to the Scots Magazine, the death of " Robert Milne," 
 is stated to have taken place on 21st December, 1747, in the 
 105th year of his age. 
 
 * Vide Preface to Genealogical History of the Family of Stewart, 1710. 
 
T E A R E S 
 
 For the neuer sufJicientlie be- 
 wailed death of the late right ho- 
 nourable and mqft worthie of 
 
 all honourable Titles, 
 
 ALEXANDER 
 
 E A R L E of Dumfermeling, Lord 
 Fyiiie^ and Vrquhart late 
 Lord ChanceUar o/* Scotland. 
 
 E D I N B V R G H, 
 
 Printed by the Heires of Andro Hart. 
 Anno dom. I622. 
 
L..„.m..« 
 
TO MY VERIE 
 
 Honourable and most respe- 
 cted good LADIE, 
 
 Dame Beatrix Ruthven, L a d i e 
 
 Coldenhioioes, &c. 
 
 Madam 
 
 S I condemne the vnnaturall cuflome 
 of the Auntient Thracians, who vfed 
 to weepe at the hirth of their Chil- 
 dren, and to rejoyce at the death of 
 their Parents, Kins-folke, and Friends : 
 So I can not hut commend your La- 
 dyships firm-jixt affection to your friends, 
 which (contrarie to the common cujlome 
 Iqf this time-feruing .Jge) Death doeth 
 not diminijh which your La. maJces manifejl at this time, for no 
 fooner had fame Jilled the eares of all, with the forrowfidl re- 
 port, of the neuer fufficientlie bewailed death of the late right 
 honourable Lord Chancellar: but your La. tojhow, that as in this 
 generall loffe your lojfe was more then commone, hauing loji so 
 honourable a Patrone,fofaithfidl a Friend, and so louing a Fa- 
 ther in all your affaires : fo you inforrow exceeded the moji for- 
 
 rmv- 
 
rowfuUi your La. repledgedjrom thejire^ this vnpolijbt ryme, to 
 the zvhich ( as vnworthie of the worlds view ) I condemned the 
 fame^ and caufd the fame to bee printed : to the which I con- 
 difcended^ willing rather topuhlijh mine owne impeiJxBions then 
 that your La. fcarce imitahle and vnfained affeSiion to that No- 
 ble Lordjhould bee cmicealed, accept then (Madam) in good part 
 thofe lines which by your owne procurment pajfes to the Prejfe and 
 astheybeare the badgesqfyour Ladijhips forrow for your fo great 
 a lojfe^ let them feme asjignes to show the wiUingnes I haue to 
 doe your Ladijhip all the seruice I can perjbrme^ to the which I 
 am tyed both by bandes of blood and nature^ and by your 
 Ladijhips manifold vndejerued courteous fauours to my 
 felfe^ hoping that the Title of your Ladijhippes 
 name Jhall feme as afufficient defence for all 
 the imperfeSiions of thofe vnperfeB 
 and vnpolijht lines, ki^ng 
 your Ladijhips hands I 
 re/i, andjhalleuer 
 remaine. 
 
 Your Ladiships Cousen 
 most humblie devoted 
 to serue you 
 
 John Lyoim. 
 
TE ARE S 
 
 For the neuer sufficiently bewailed death 
 of the late right honourable and most 
 
 worthie of all honourable Titles, 
 
 ALEXANDER 
 
 E A R L E of Dunvfermeling, Lord 
 
 Fyuie, and Vrquhart late 
 Lord Chancellar q/" Scotland. 
 
 AH, mull my weake and care-benummed hand, 
 Paint out the forrowes of this forrowing Land : 
 How can my pen make others paffions knowne, 
 Which as they are, can not expreffe mine owne : 
 This publike loffe, which was a loffe too great, 
 Some heauen- taught Mufe were fitter to relate : 
 Yet whilfl the Learned (who in filence fit) 
 Frame loftie Lynes to feme as fignes of wit. 
 Sad care-croft Mufe vnto the world proclaime, 
 With wofuU notes this lamentable Theame : 
 And fing fo fadlie to each liftning eare, 
 That euerie eye for tribute pay a teare. 
 
 A Come 
 
( 2 ) 
 
 Come euerie Age, Eftate, and Sexe, come all, 
 
 Come and bewaile this ftatelie Cedars fall. 
 
 Come all wrong'd Orphanes, come bewaile your fyre, 
 
 Who did of late (but yet too foone) expyre. 
 
 Come woefull widowes, come you, weepe you faft, 
 
 Your Anchor, and your hope, your helpe is paft. 
 
 Rich Burgers you of whom hee once was chiefe. 
 
 With teares bewray vnto the world your griefe. 
 
 You at the Barre who pleade your clients caufe, 
 
 Mourne that ye want the ludge that judg'd your Lawes, 
 
 Graue learned Judges all burft foorth in mone, 
 
 Your Light, your Lanteme and your Guide is gone. 
 
 State-ruling Peeres, true pillers of the Crowne, 
 
 Fit for Bellona, or the peacefull gowne. 
 
 Helpe to be-waile that euer-famous Lord, 
 
 Whofe noble partes nobilitie decor'd : 
 
 The heauens themfelues as mumers doe prepare. 
 
 With fignes of forrow to increafe our care. 
 
 For when hee dy'd, the heuens on earth did powre, 
 
 Greiu'd at his death, of teares a liberall fhowre. 
 
 And ere hee dy'd, Latona's child fo bright 
 
 Crab-like retired from his Sphears chiefe hight. 
 
 As if hee would to euerie one bewray. 
 
 In humane fliape an heauenlie lightes decay. 
 
 For hee, as where his foolilh fonne did guide 
 
 The head-ftrong horfes hee was wont to ride, 
 
 Obfcures his rayes and hides his glorious eye. 
 
 Loathe on the earth, this woefull fight to fee. 
 
 Our Day did fet when wee expeded leaft. 
 
 Our Light, when fall and at the higheft, ceaft, 
 
 Our Summer ended, or it halfe was done, 
 
 For loe, it ended in the midft of lune. 
 
 For 
 
( 3 ) 
 For with his date, our joy es receiued theirs, 
 His dulefull death gaue life vnto our cares. 
 Speake tyrant Death, fliew if thou canft wherefore 
 Thou fpoil'd the Stone that did our ring decore ? 
 Did not of late each State a tribute pay ? 
 Did not each-where thy crueltie beare fway ? 
 Peeres, Church-men, ludges all did tribute giue, 
 And were content fo hee alone might liue. 
 But thou infatiate monfter who is gladde, 
 To see the worlde ftrooke with amazement fadde. 
 In this thou preaft thy powerfuU force to fliow, 
 Hurhng all States by giuing fuch a blow. 
 Yet doe thy worft, in fpite of Time and Thee, 
 His bell partes ftill fhall liue and neuer die. 
 His foule which from the Heauens to Earth defcended 
 Bake from the Earth is to the Heauens afcended. 
 There ftiU to liue with that great King of Kings, 
 Where Angels euer Hallelujah fings. 
 And heere on earth ftiU famous fliall remaine. 
 His famous Afts in fpight of Times difdaine. 
 No Marble, Porphire, Gold, Corinthiane Braffe, 
 Or Monument yet halfe fo lafting was. 
 Proud Pyramids of Artemifian frame, 
 Vaine Monuments of quicke decaying fame. 
 Will with their builders perifli and decay. 
 That where they flood fcarce comming time can fay. 
 But hee more wife hath built a Tombe more ftrong. 
 Which ftill Ihall lafl in fpight of Envies wrong, 
 Trueth, luftice, Mercie, Policie, and Peace, 
 Shall this rare Hero's Tombe with dicton grace. 
 For Trueth Ihall fay (and Trueth can neuer lie) 
 His rare true worth ynparalel'd Ihall bee. 
 
 A 2 luftice 
 
( 4 ) 
 luftice and Mercie fitting for a ludge, 
 Hee wifelie mixt, and in his breaft did ludge : 
 luftice to none hee neuer did refufe, 
 Yet did fterne Law with mercie oftimes vfe, 
 That Pylian Sage, of whom his Ruler faide, 
 Troy could not ftand if but ten fuch hee had, 
 Might well bee fpar'd, did hee in Counfell fit, 
 Whofe ripned Judgment led each younger wit. 
 And as on Hybla or Hymetus Hill, 
 The hony Birdes the flowrie mountaines fill. 
 Searching from grafle to graffe from flower to flower, 
 To bring their fweete foode to their fweetned Bower. 
 Looke to the trauell of his younger yeares, 
 And like to thofe his policie appeares : 
 For loe, hee Bee-like paft from place to place, 
 Knowledge to gaine which might his Countrie grace, 
 Paines, trauell, hazard, hee efteemed nought. 
 To gaine the wifli'd for knowledge which hee fought. 
 Loire, Seine, and Rhine, with Tiber, Arne, and Poe, 
 Their Bankes hee paft to make his learning growe. 
 And as the Bee from euerie flower doth take, 
 The fweeteft juice his pleafing food to make. 
 Wherewith frill fraught hee haftes him to his Hyue, 
 Where Drones decay, but thriftie Bees doe thryue. 
 So in his trauels with judicious eye, 
 Hee did the beft of forraine partes efpie, 
 And what in vertues Gardens hee found rare, 
 Hee brought them home and made them flourifli faire. 
 Which made liis Prince (true ludge of noble parts, 
 Sole cheriflier of vertue, worth and arts) 
 To raife this Lord vpon the Stage of State, 
 To fliow his wit in Judgements higheft feate. • 
 
 Where 
 
( 5 ) 
 Where whilfl hee fpake with judgement, wit, and Art, 
 Hee ravifh\l euerie eare, and euerie heart : 
 His wife graue fentences fo each man mou'd, 
 Hee was of all admir'd, of all belou'd. 
 That fcarce this envious world affoorded one. 
 That for his greatneffe greeu'd, e'er gaue a grone. 
 O wonder rare ! mofl wonderfuU to fee, 
 A States-man great, and welbelou'd to bee : 
 Yet hee his greatneffe manag'd with fuch Ikill, 
 As hee heap''t vp huge treafure of good-will. 
 Which now is knowne, for now each one may fpye. 
 What fecret thought, in euerie breaft. did lye, 
 For loe, the State grieues at this publike loffe, 
 Each priuate man thinkes this a priuate croffe. 
 That greatneffe gone (which as fome man did thinke, 
 Might make hid malice in fome bofome Ihrinke) 
 There*'s none that lines, or breathes this common aire. 
 But for his death feemes ouercome with care. 
 And reafon would it that it fhould bee fo. 
 Since publike good did from his greatneffe grow. 
 His chiefe defignes were for the Common-good, 
 Which who fo croft his counfell ftill with-ftood. 
 Yet Princes fauour, honour, vertue, loue, 
 Could not fterne Death to mild compaflion moue. 
 O blind and deafe infatiate monfter Death, 
 Had thou had feene when as thou rob'd his breath, 
 His Ladies beautie or her carefull cryes. 
 Had pearc't thine eare, or mou'd thine hood-winkt eyes, 
 His friendes complaints, his Childrens ruthfuU teares. 
 Did plead for pittie at thy deafned eares. 
 Yet nought could stay thine hand from fuch a deed. 
 As makes our heartes with woefull wounds to bleed. 
 
 A 3 For 
 
( 6 ) 
 For Heauens decree this judgment giues to all, 
 That Prince and Peafant both by Death fhall fall : 
 Since Deathes ftraite doome can be efchew''d of none, 
 VVhy for his death fhould wee figh, weepe, and grone ? 
 For wee did knowe when as he was moft hye, 
 That hee was mortall, and was borne to dye. 
 And thus to grudge againft Iehovahs will, 
 May bring on vs a farre more greater ill. 
 And well wee know, hee dy'de to Hue againe, 
 His death was but a period to his paine. 
 Wee grudge not gainst the Archite^l of wonders, 
 Whose fearfiill voyce fpeakes in the mids of thunders. 
 Wee onelie waile to teftifie our loue, 
 For his perfe^ons did affeftion moue. 
 Thofe peerelefle parts hee lining did inherite, 
 Now beeing dead, this at our hands doth merite. 
 That as our bakes this badge of mourning beares, 
 Wee fliould to Griefe pay tribute with our teares. 
 But ah my Mufe breake off and come away, 
 Thou {howes too much of this our fad decay, 
 Let brauer wits this deepe talke vnder-goe, 
 To waile his want and manifeft our woe. 
 
 Ltfes 
 
( 7 ) 
 
 Lifes vncertaintie. 
 
 BEhold vaine man how fraile a thing thou art, 
 Proud of a puffe, of foone confumed breath : 
 Which with a blaft will fuddenlie depart, 
 
 When thou art cited by devouring death. 
 
 Thy Pride, thy State, thine Honour, Blood, h Gold, 
 Can not Deaths ftroak one minuts fpace with-hold. 
 
 Count from thy Cradle euen vnto thy Tombe, 
 
 And thou flialt find Life but a Mappe of cares. 
 
 For when thou firft comes from thy Mothers wombe. 
 
 Thy lifes firft minut it is fpent in teares, 
 
 As if when borne thou did perfedlie know 
 That thou waft borne to beare a birth of woe. 
 
 And if moe yeeres thou happen to attaine. 
 
 Thy griefe Ihall grow ftill as thy yeeres increalTe, 
 
 The moe thy dayes, the more Ihall be thy paine, 
 
 Few dayes shall pafTe without a new diftrefle, 
 
 Friends, Parents, Children, Kins-folk, credits loffe. 
 Or fome fuch care fliall ftill increafe thy woes. 
 
 Yea, if the World would poure into thy lappe. 
 
 Her richeft treafures in a liberall Ihoure, 
 
 Yet thinke not much of this imagined happe, 
 
 Which may be fpent, or perifh in an houre. 
 
 Earths flying joyes are like a fummer field, 
 Whofe blolTomes muft to flower-quell winter yield. 
 
 Imagine this (which to bee found is rare. 
 
 Thy joyes were neuer interrupt with griefe, 
 
 Thy life-time fpent without a dram of care. 
 
 Yet at the laft Death like a fubtill Thiefe 
 
 Will 
 
( 8 ) 
 
 ^Vill fteale thy joyes which is a fading treafure, 
 To make thee know how perifhing is pleafure. 
 Life which the ^Vorldlings doe fo much adore : 
 Is like a dreame, a blaft of wauering wind, 
 A ihade, a fpan, a finoake, an. airie ftore, 
 A gulfe of griefe, where few contentment find. 
 A fea of forrows and a fhip of toyes, 
 Fraught full of certaine cares, vncertaine joyes. 
 Since life is fuch, then let vs leame to die, 
 That wee by death a better life may gaine, 
 Let vs this Scilla this Charibdis flee, 
 Haste to the port and flee the troubled Maine, 
 
 Where wee fhall find contentment and till then, 
 No true contentment is to mortall men. 
 
 FINIS. 
 

i-T. yoian. J oHti. supposed author t_ 
 Teares foi the" death oi 
 Alox gi nrif ^ rjft H r l Q of Tnm- - 
 
 fermeling 
 
 7288r^ 
 
 L991 
 
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 728872 
 
 UNIVERSITY OF CALIFORNIA UBRARY