Series 5 > Miscellany [of the Scottish History Society] XIII

TWEEDDALE’S ‘RELATIONE', 1683
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encouraged & fomented by the Dutchess of Lawderdale, and the
Kings allowance therof upon very sinistrous & undue suggestions of
the Duke of Lawderdales procured, and the most considerable
pay[me]nt in the s[ai]d process which was confessed by the best
Law[y]ers to be in apicibus juris' determined by ane single Vot[e],
which was the Lord Pittrichies,2 the Duke of Lawderdales neer
Relation, being the last Vot[e] ever he gave in that house, dying the
day after, and brought to the house that day only in a chair for that
effect, when he was not in a condition to understand sense, as he
never was to understand law, much less the poynt in question. And
Drumeliar the Earles halfe brother was encouraged to enter in a
pursuit with the s[ai]d Earle, & supported to continue therein these 8
years past which was not put to ane end but with great loss &
damadge.3 And when the Duke of Lawderdale was last in Scotland the
winter before the west country expedition, the Duke of Lawderdale
himself awakened ane pursuit ag[ains]t the s[ai]d Earle for the teinds
of Pinkie, which all men thought to have been desyerted upon the
Earles produceing of Tacks from the Abbots of Dumfermling befor
the Reformation, wherof there was 2 liferents therof to run long befor
any right the Duke of Lawderdale could pretend to, and ane other
Tack from Queen Anna with consent of the King after the
Reformation ratifying the former tack of the Abbot whose right is by
many very judicious men & good law[y]ers thought to have been
better then the Duke of Lawderdales though he had got a dec[ree]t
a[gains]t my Lord Oxenfoord for his teinds of Causlon4 the s[ai]d
Viscount produceing ane tack from Queen Anna, which dec[ree]t had
been only suffered to pass by his tutors & Curators for their securitie,
the bussiness being transacted & compounded between the Duke of
Lawderdales Com[missione]rs & them, in which transaction the Earle
of Tweeddale was prin[cipal]ly instrumental!, though not in following
the process & dec[ree]t which he knew to be most rigorous & hard.
Yet the Duke being in Scotland & countenancing the pursuit by his
own presence at the bar, speaking to the judges in so loftie & insolent
1 Of a highly technical nature; according to the strict letter of the law: i.e., unfair.
2 Sir Richard Maitland of Pittrichie, in Aberdeenshire, who became a lord of session
in 1671. He died on 22 Feb. 1677.
3 In the original draft this phrase reads ‘these 5 years past which is not yet at an end’.
The 5 was written over to become 5; is becomes was; yet, pur, at, to; and the phrase
‘but with great loss and damadge’ is added. The suit was settled in 1681.
4 Robert Makgill, 2nd Viscount Oxfuird. His secondary title was Lord Makgill of
Cousland, which was in the lordship of Musselburgh.