Kay's Originals Vol. 1

All Books Kay's Originals Vol. 1 Kay's Originals Vol. 2 Memorials of Edinburgh in the Olden Time Edinburgh Past and Present Old and New Edinburgh Vol. I Old and New Edinburgh Vol. II Old and New Edinburgh Vol. III Old and New Edinburgh Vol. IV Old and New Edinburgh Vol. V Old and New Edinburgh Vol. VI

Go to: Kay's Originals Vol. 1 Title Pages Advertisement Introductory Notice to Original Portraits, Biographical Sketches I. Mr. John Kay II. A Triumvirate. The Daft Highland Laird, John Dhu, or Dow, alias Macdonald, and Jamie Duff, an idiot. III. Francis McNab, Esq. of McNab IV. Three Giants, with a Group of Spectators V. Lord Kames. Hugo Arnot, Esq. of Balcormo, Advocate. Lord Monboddo. VI. Contemplation VII. Lord Gardenstone VIII. Hugo Arnot, Esq., Advocate, and Gingerbread Jock IX. Dr. Glen and the Daft Highland Laird X. A Sleepy Congregation XI. Dr. James Graham going along the North Bridge in a High Wind XII. Dr. James Graham lecturing in Edinburgh XIII. James Macrae, Esq. XIV. Captain Page and Captain Vicars XV. The Three Captains of the City Guard. George Pitcairn, George Robertson, Robert Pillans. XVI. Provost David Steuart and Bailie John Lothian XVII. Alexander Hunter, Esq. of Polmood, and Roger Hog, Esq. of Newliston XVIII. Francis Grose, Esq., F.A.S. of London and Perth XIX. Captain Mingay, with a porter carrying George Cranstoun in his creel XX. Samuel McDonald and George Cranstoun XXI. Major Fisher XXII. Dr. Joseph Black XXIII. Dr. Joseph Black, Lecturing XXIV. Dr. James Hutton XXV. Philosophers XXVI. Dr. John Brown XXVII. Dr. Brown in his study XXVIII. Sir James Hunter Blair, Bart., Late Lord Provost of Edinburgh XXIX. Alexander Carlyle, D.D., Inveresk XXX. The Modern Hercules XXXI. Adam Ritchie XXXII. Angelo Tremamondo, Esq., Riding Master XXXIII. Lord Rockville Dr. Adam Smith, and Commissioner Brown XXXIV. Adam Smith, LL.D. And F.R.S. of London and Edinburgh XXXV. The Sapient Septemviri. King's College, Aberdeen. XXXVI. Vincent Lunardi, in his basket, ready to ascend. XXXVII. Marriage XXXVIII. A group of Aeronauts. XXXIX. The Right Honourable Colonel Lennox. XL. Colonel Hunter. XLI. The Rev. William Robertson, D.D., author of the History of Scotland and Charles V XLII. Dr. William Robertson, D.D., in his full clerical dress XLIII. Quartermaster Taylor XLIV. Cock-fighting Match between the counties of Lanark and Haddington XLV. James Donaldson XLVI. Mr. Alexander Thomson and Miss Crawford XLVII. Retaliation; or the Cudgeller caught XLVIII. Henry Viscount Melville and The Hob. Robert Dundas of Arniston XLIX. Bailie James Dickson and Bailie James Torry L. William Doyle, Samuel Sone, and William Foster LI. Sir Ralph Abercromby, K.B., giving the word of command LII. General Sir Ralph Abercromby, K.B., viewing the army, encamped on the plains of Egypt LIII. Lauchlan McBain LIV. Second print of Lauchlan McBain LV. Mrs. Siddons, Mr. Sutherland, Mrs. Woods, of the Theatre Royal, Edinburgh LVI. Captain George Gordon, Captain George Robertson, and John Grieve, Esq., Lord Provost of Edinburgh LVII. Rev. Hugh Blair, D.D. of the High Church, Edinburgh LVIII. The Honourable Henry Erskine, Dean of the faculty of Advocates LIX. James Bruce, Esq. of Kinnaird, and Peter Williamson LX. Courtship LXI. Mr. William Martin, Bookseller and Auctioneer in Edinburgh LXII. Mr. Thomas White LXIII. Mr. Henderson and Mr. Charteris, of the Theatre-Royal, Edinburgh LXIV. The Rev. Joseph Robertson Macgregor, First Minister of the Edinburgh Gaelic Chapel LXV. The Rev. James Lawson of Belvidere, The Job of Present Times LXVI. An Exchange of Heads. Hugo Arnot, Esq. - Mr. William Macpherson, and Roger Hog, Esq. LXVII. The Rev. John McLure, Chaplain to the Grand Lodge LXVIII. Mr. Alexander Wood, surgeon LXIX. Mr. Wood LXX. Captain Hind LXXI. Robert McQueen of Braxfield, Lord Justice-Clerk LXXII. George Pratt (The Town-Crier) LXXIII. The Rev. Dr. John Erskine, late of the Old Greyfriars' Church, Edinburgh LXXIV. Dr. Erskine LXXV. Dr. Henry Moyes, lectureer on Chemistry, etc. LXXVI. Sir William Forbes of Pitsligo, banker in Edinburgh LXXVII. Thomas Fraser (A Natural) LXXVIII. The Marquis of Huntly, afterwards Duke of Gordon LXXIX. Sir James Montgomery of Stanhope and David Stuart Moncrief, esq. of Moredun LXXX. Rev. Greville Ewing LXXXI. The Earl of Hopetoun LXXXII. Charles Hay, Esq., Advocate LXXXIII. Lord Newton on the Bench LXXXIV. The Earl of Errol and the Right Honourable Lord Haddo. LXXXV. Voltaire, the French Philosopher, and Mr. Watson, an Edinburgh Messenger LXXXVI. Mr. William Smellie, Printer and Mr. Andrew Bell, Engraver LXXXVII. The Right Honourable David Earl of Leven and Melville LXXXVIII. The Right Honourable Lord Adam Gordon LXXXIX. Right Honourable Lord Adam Gordon and His Royal Highness the Count D'Artois, afterwards Charles X XC. John Dhu XCI. Sir William Nairne, Baronet, Lord Dunsinnan XCII. Mr. Ralph Rylance XCIII. Levelling of the High Street of Edinburgh XCIV. Mr. Moss in the character of 'Caleb' XCV. Mr. Robert Meikle XCVI. Mr. Thomas Neil, Wright and Precentor XCVII. Major Campbell of the 35th Regiment XCVIII. The Royal Edinburgh Volunteers. Mr. Archibald Gilchrist XCIX. John Davidson, Esq., and Lord Henderland. George Paton, Esq. Lord Monboddo and Dr. Hutton. C. David Ross, Lord Ankerville CI. Francis Home, M.D. CII. The Right Hon. the Earl of Haddington, Sir William Forbes of Pitsligo, Bart., and Sir James Hunter Blair, Bart. CIII. Dr. William Cullen CIV. Dr. Cullen in his study CV. William Brodie, Deacon of the Incorporation of Wrights and Masons, Edinburgh CVI. George Smith and Deacon William Brodie CVII. General Buttons, An American Officer CVIII. Mr. John Wright, Lecturer on Law CIX. John Wright, Edq., Advocate CX. The Rev. William Beat, Minister of Kilrenny CXI. James Marshall, Esq., writer to the Signet CXII. Rev. John Wesley CXIII. Sir James Grant of Grant, Bart. CXIV. Dr. Alexander Monro, Secundus, Professor of Anatomy CXV. Rev. John Kemp, D.D. CXVI. The Most Noble the Marquis of Graham, and The Right Hon. the Earl of Buchan CXVII. Henry Dundas, Viscount Melville CXVIII. Andrew Nicol CXIX. Three Legal Devotees. Andrew Nicol, Mary Walker, and John Skene CXX. Four Bucks. Dr. Eiston, Signior Stabilini, Captain McKenzie, and Macnab of Macnab CXXI. Dr. Andrew Hunter CXXII. Lord Craig CXXIII. Mungo Watson, Beadle of Lady Yester's Church, etc. CXXIV. James Robertson of Kincraigie CXXV. Thomas Muir, Esq. Younger of Huntershill CXXVI. Sir Archibald Hope of Pinkie, Bart. CXXVII. Robert Blair, Esq. CXXVIII. Robert Blair, Esq., Solicitor-General CXXIX. The Hon. Robert Dundas of Arniston CXXX. Captain James Justice of Justice Hall, and a Lady in the costume of 1790 CXXXI. Andrew Dalziel, A.M., F.R.S. CXXXII. Two Shadows. Lord Kames, and Hugo Arnot, Esq. CXXXIII. Neil Ferguson, Esq., Advocate, and the Little Polish Count CXXXIV. Dr. Alexander Hamilton, Professor of Midwifery CXXXV. Rev. Rowland Hill, A.M. CXXXVI. James Gregory, M.D. CXXXVII. Dr. James Gregory, in the uniform of the Royal Edinburgh Volunteers CXXXVIII. Alexander Osborne, Esq., and Francis Ronaldson, Esq. CXXXIX. Rev. Robert Walker CXL. Sir David Rae of Eskgrove, Bart., Lord Justice-Clerk CXLI. Mr. David Downie, Goldsmith in Edinburgh - tried for High Treason along with Robert Watt in 1794 CXLII. Mr. Thomas Blair, late of the Stamp-Office, Edinburgh CXLIII. Rev. William Moodie, D.D. CXLIV. Thomas Elder, Esq. of Forneth, Late Lord Provost of Edinburgh CXLV. The Right Hon. Lord Viscount Duncan CXLVI. Admiral Duncan on the Quarter-Deck CXLVII. Lord Hailes CXLVIII. Rev. Dr. David Johnston, Minister of North Leith CXLIX. Sir James Stirling, Bart. CL. Henry Dundas, and Sir James Stirling, Bart. CLI. Lord High Chancellor Loughborough, afterwards Earl of Rosslyn CLII. John Campbell, Esq., of Blythswood CLIII. The Hon. Basil Cochrane, and James Edgar, Esq., Commissioners of the Customs CLIV. Rev. Dr. Thomas Davidson, late of the Tolbooth Church, Edinburgh CLV. Colonel Patrick Crichton CLVI. George Fergusson, Lord Hermand CLVII. Mr. John Shiells, Surgeon CLVIII. Mr. Robert Johnston, and Miss Sibilla Hutton CLIX. Mr. John Bennet, Surgeon CLX. Three Officers of the Hopetoun Fencibles. Lord Napier, Major Pilmer, and Major Clarkson. CLXI. Mr. John Adams, Master of the Royal Riding Menage CLXII. Mr. William Scott, Mr. James Sibbald, George Fairholme, Esq., and James Kerr, Esq. CLXIII. Rev. William Paul CLXIV. Byrne, the Irish Giant, Mr. Watson, Mr. McGowan, Mr. Fairholme, and Geordie Cranstoun CLXV. Allan Macdougall, Esq. of Glenlochan, Alexander Watson, Esq. of Glenturkie, and Colquhoun Grant, Esq. CLXVI. Ensign Macdougal, of the Hopetoun Fencibles CLXVII. Mr. James Rae, Dr. William Laing, and Dr. James Hay CLXVIII. George Mealmaker, author of the 'Moral and Political Catechism of Man' CLXIX. Two Turks CLXX. The City Guard House. Corporal John Dhu Notes to Vol. 1 Index to the Portraits, etc. in Vol. 1 Index to the Names Incidentally Mentioned in the First Volume » Kay's Originals Vol. 2 » Memorials of Edinburgh in the Olden Time » Edinburgh Past and Present » Old and New Edinburgh Vol. I » Old and New Edinburgh Vol. II » Old and New Edinburgh Vol. III » Old and New Edinburgh Vol. IV » Old and New Edinburgh Vol. V » Old and New Edinburgh Vol. VI

394 BIOGRAPHICAL SKETCHES. of parties married in England, was some years since handed about amongst the gentlemen of the long robe. It is a fair travesty of his style :- ‘I I am decidedly omhe opinion of Lord Meadowbank,’ and that the Commissaries were egregiously wrong. Will any man tell me that a stranger, without a domicile here, is to be refused justice for any guilt or crime done by him 0 Is a man who marries in England, and commits adultery in Scotland, to be out of the reach of the Scots law against adultery ? Such a man may turn his wife out of doors too-may even go farther against her and her children-and all with impunity, upon the feigned supremacy of the Zex loci contractus. In short, if a man comes to Scotland sine animo remanendi, and cum animo peccandi steals my horse, are we first to inquire into his domicile, and the laws of his country respecting theft ? Now, I am clearly of opinion that he ought to be hanged upon our own law ; and a decree of divorce, a vinculo matrimonii, ought equally to follow the commission of adultery here. “ But, secondly, should any of the English divorced parties be averse to our consistorial decree, he may, on his return to England, apply to a court of law, by recapitulating M ~ dTec ision, and get it altered to one a mensa et thoro; but when no such application has been made, the parties may truly marry without the risk of bigamy, or the insecurity of a new family, unless the English courts, of which I dinna know much, are senseless and absurd. Indeed, their decision a mensa et thoro is, like our Jack and the Bean, an absurd nothing, till Parliament, and 8 huge expense, commissary it (I may say) into our form, We must follow our own laws ; and should our southerns deem them improper, and have no remedy, let them procure an Act of Parliament, declaring that any person feeling hurt by the Scots decree may, within six weeks after his arrival in England, apply to a court of law there, and get the Scottish decree altered into an English one ; and should no application during that time be made, the party or parties may marry at pleasure, and their offspring be protected by law. If England requires much time and money to procure a parliamentary divorce, why should not our Scottish ‘good cheer and good cheap ca’ mony customers,’ as our proverb says ?” Of Lord Hermand‘s rather eccentric warmth on the bench, there are many anecdotes. The well-known but highly characteristic one of “ Keep him out,” and which has been retailed to the public in a variety of shapes, occurred in the Justiciary Court of Glasgow. The Court had been interrupted by a noise which annoyed him very much. “What is that noise 1” cried his lordship to one of the officers of the Court. “It’s a man, my lord.” “What does he want I” “ He wants in, my lord.” “Keep hirn out.’’ The man, it would appear, however, had got in: for in a short time the noise was renewed, when his lordship again demanded--“ What’s that noise there 2’’ ‘‘ It’s the same man, my lord.” “ What does he want now 2” “ Then keep hirn in- I say, keep him in!’” I‘ He wants out, my lord.” His lordship did not usually agree with his brother judge ; and many curious stories of his dislike to Lord Meadowbank used to be cumnt in the Parliament House. On another occasion, when presiding in a criminal court in the north, and the business of the trial, in which life and death were at stake, was proceeding with that solemnity which distinguishes our Justiciary Courts, a wag (for there are some characten who must have their joke, however solemn the occasion) entered the Court, and set a musical snuff-box a-playing Jack’s Alive upon one of the benches. In the silence of conducting the inquiry, the music struck the earn of the audience, and particularly the venerable judge, whose auricular organ was to the last most admirably acute ; and a pause to the business ww the immediate consequence. He stared for an instant on hearing a sound so unusual in a Court of Justice, and, with a frantic demeanour exclaimed, “Macer, what, in in the name of God, is that P” The officer looked around him in vain to answer the inquiry, when the wag exclaimed, “ It’s Jack’s Alive, my lord.” “Dead or alive, put him out this moment.” “We canna gmp him, my lord.” “If he has the art of hell, let every man assist to arraign him before me, that I may commit him for this outrage and contempt.” Every one endeavoured to discover the author of the annoyance, but he had put the check upon the box, when the sound for a

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BIOGRAPHICAL SKETCHES. 395 In private life, and especially at the convivial board, Lord Hermand was “ The prince of goad fellows and king of old men.” He possessed a rich store of amusing stories, and a vein of humour peculiar to himself, which never failed to render his company entertaining and much courted, especially by the junior members of the profession. His personal appearance was no less striking, particularly in his latter years. Age had rendered his features more attenuated ; but the vivacity of his countenance, and the expression of his powerful grey eyes, defied the insidious hand of time. His dress also partook of the peculiarities of his character ; and, on the streets of Edinburgh, it would have puzzled a stranger to decide whether the lawyer or farmer most predominated in his appearance. His deep “ rig-and-fur,” black-andwhite- striped woollen stockings, and stout shoes, at once denoted that he had other avocations than those of the Parliament House. Like most of the old lawyers, he was an enthusiastic agriculturist, and always spent his vacations among his fields at Hermand, which he improved with much skill and at considerable expense.‘ We have heard several anecdotes illustrative of his lordship’s rustic habits during the vacation. He had a large Newfoundland dog, named Dobhin, which used to accompany him on all his excursions-even to the church on Sundays. There the sagacious animal, seated beside his master, with his immense paws placed on the book-board, would rest his head as calmly and doucely as any sleepy farmer in the congregation. So much did this church-going propensity grow upon the animal, that, in the absence of his master, he regularly went himself; and what was still more extraordinary, if there happened to be no sermon in the parish church, he was liberal enough to attend the dissenting meeting-house. Lord Hermand generally walked with a cane in his hand, to which he had a kind of bill-hook affixed, for the purpose of switching down any obnoxious weed he might find in his rambles. One Sunday, as he and Dolphin were proceeding as usual to West Calder, his lordship found so many weeds to cut down on his way through the policies, that by the time he emerged from the avenue he found the people returning from church. “ Dear me ! is’t a’ ower time ceased, and the macer informed his lordship that the peixon had escaped, The Judge was indignant at this ; but not being able to make a better of it, the trial proceeded, when, in about halfau- hour, sounds of music again caught the ears of the Court. “ Is he there again ?” exclaimed his lordship “ By all that’s sacred, he ehall not escape me this time ; fence, bolt, bar the doors of the Court j and, at your peril, let a man, living or dead, escape.” All was now bustle, uproar, and confusion ; but the search was equally vain as before. His lordship, who had lived not long after the days of witchcraft, began to imagine that the sound was something more than earthly, and exclaimed, “This is a deceptio aud; it is absolute delusion, necromancy, phantasmagoria ;” and to the hour of hiu death, nwer understood what had occasioned the annoyance that day to the Court. His lordship was a keen adherent of the Pitt administration. When the “talents” were ejected, the news reached him on his way to the Parliament House ; and, whilst going along the Mound, which at the time had its usual array of caravans, containing wild beasts, he, totally forgetful of where he was, exclaimed aloud-“ They are o u b b y the L-d, they are all out, every mother’s son of them.” A lady who was passing at the time, thinking these ejaculations applicable to the wild beasts, to his utter amazement, seized him in her arms, screaming oud“Good God, we shall then be all devoured.”

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