Genealogie of the Hayes of Tweeddale

108 APPENDIX TO THE
from the King's troop, and ordered to find security for his future good
behaviour. Fountainhall, in noticing the trial, remarks, — " This is not
" enough to repress the soldiers' insolence : the punishment of Hame-
" sucken, which they certainly were guilty of, is death. 11 With great
deference to his Lordship, the sentence was hard enough, for the soldiers
proceeded on " a warrant they had from Murray, the Lieutenant of the
" King's troop, to come and force corn and straw ;" and altho' acting
illegally, were not aware that they were doing so, — the proper party for
severe punishment was Murray, who gave the warrant, and not the poor
ignorant soldiers, — foreigners, too, in all probability, — who, in the firm
belief of its validity, executed it. No proceedings seem, however, to have
been adopted against the real culprit.
Chiesly lived unhappily with his wife, and their disputes were the in-
direct cause of the horrid murder, for which he afterwards so justly suf-
fered. He left two sons, Walter and Thomas, besides daughters, one of
whom, Rachel, married Lord Grange, and procured a celebrity from her
mysterious abduction, which she probably would not otherwise have at-
tained. The eldest son, Walter Chiesly, was, upon the first of January
] 696, served heir to his father in the east half of the lands of Dairy, call-
ed the " Villa de Dairy," with the mansion-house, — containing a hun-
dred and forty-seven acres of arable land or thereby, lying within the
parish of St. Cuthberts ; as also, in the lands of Gorgie, within the same
parish, and the teinds thereof. He held the lands of Reidhall, with the
mills, in warrandice of the last-mentioned lands. Walter, who is gener-
ally designed Major Chiesly, died shortly afterwards, and was succeeded
by his brother, Thomas, who got involved in a lawsuit with his uncle,
Sir Robert, the ex-provost, relative to the bond for 10,000 merks, granted
by Thomas's grandfather to the latter.* The particulars will be found in
Fountainhall.t The estate of Dairy having been sold by the Major to
* See preceding page. -j- Decisions vol. ii, p. 121.