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THE SOCIETY OF WRITERS TO HER MAJESTY'S SIG^N^ET

A HISTORY OF

THE SOCIETY OF WRITERS TO

HER MAJESTY'S SIGNET

WITH A LIST OF THE MEMBERS OF THE

SOCIETY FROM 1594 TO 1890 AND

AN ABSTRACT OF THE MINUTES

EDINBURGH

Printed for the Society at the University Press By T. (Sf A. Constable, Printers to Her Majesty

1890

LOAN STACK

KG(9 S3S&5

PREFACE

On 7th February 1887 a committee was appointed to examine the records with a view to preparing a short historical account of the society, and was further authorised to prepare a hst of all past and present members, with information as to the date of their joining the society, the length of their connection with it, and any other particulars of interest. The committee appoiated con- sisted of Messrs. John Clerk Brodie, C.B., LL.D., late deputy keeper, Charles B. Logan, fiscal, now deputy keeper, John T. Mowbray, LL.D., treasurer, John Cowan, present fiscal, James Stuart Fraser Tytler, LL.D., professor of conveyancing, John Cook, col- lector of the widows' fund, Thomas Graves Law, librarian, William Forbes Skene, D.C.L., LL.D., James Gordon, John Milligan, WiUlam Traquair Dickson, John P. Wood, Patrick W. Campbell, Charles Cook, J. W. Fraser Tytler, and Francis J. Grant. Mr. Campbell was appointed convener.

The work then undertaken has now been completed, and the thanks of the committee are due to Professor Fraser Tytler, Mr. W. Traquair Dickson, Mr. Charles Cook, and Mr. T. G. Law, for their labours in connection with the work, and to Mr. F. J. Grant, who has prepared the lists of office-bearers and members, and the index.

November 1890.

327

TABLE OF CONTENTS

I, HISTORICAL INTRODUCTION-

1. History of the Society,

2. The Library, .

3. The Finances, .

4. The Widows' Fund,

5. The Chair of Conveyancing,

XL LIST OF MEMBERS, .

III. LIST OF OFFICE-BEARERS, .

IV. ABSTRACT OF MINUTES, .

iz

Ixvi

Ixxxvi

xcvii

cvii

1

223

229

APPENDIX, INDEX,

455 461

ILLUSTRATIONS

Writers' Court, . Lower Hall, Upper Hall, The Tymmer Box,

fadng p. xliv „ Ixxii ,, Ixxvi „ cxxvi

HISTORICAL mTRODUOTION

THE SOCIETY OF WRITEES TO HER MAJESTY'S SIGNET

CHAPTEE I. HISTOEY OF THE SOCIETY.

rpHE Society of Writers to Her Majesty's Signet is an ancient -*- and honourable branch of the legal profession in Scotland. Long prior to the establishment of the court of session in 1532, the "wrytaris or clerkis to the signet" existed as a society, and they have formed part of the coUege of justice since its foundation.

The members of the society hold office under commission from the keeper of the signet, an officer of the crown, who is head of the society. The keeper usually acts by deputy ; that is, by a deputy keeper and a body of commissioners appointed by the keeper from among the members of the society. To the deputy keeper and com- missioners are intrusted the making of all acts and statutes for the good of the calling, the examination and admission of intrants, the trial and punishment of delinquent members, and the general administration of the aifairs of the society.

The writers to the signet are at the present time ordinarily employed as conveyancers, as agents practising in the court of session, as commissioners and factors on landed estates, and as confidential family "men of business," or legal advisers. But in virtue of their original profession, from which they derive

b

X THE SOCIETY OF WEITEES TO THE SIGNET

their title, it is still their exclusive office to sign all writs passing the signet, except those requiring the signature of a clerk of the court of session or of the clerk of teinds. They have also exclusively the right of expeding and carrying through crown writs, and of subscribing all notes, writs, and other documents relating thereto.

As members of the college of justice, writers to the signet of a certain standing are eligible, along with members of the faculty of advocates, for the office of principal clerk of session, and, moreover, are by the treaty of union eligible for the bench.

A society long and intimately connected Avith the procedure of the crown and the courts of law, and not a little concerned with the development of wealth and of liberal education in the country, should possess a record of interest at least to its own members. It is the object of the following pages to trace the origin and progress of the profession which has given to the society its distinctive name, to describe the various duties and privileges which have accrued to the body in the course of time, and to tell the history of its funds and its library, and its connection with the university of Edinburgh and other public institutions.

Origin of society. The precise origin of the society known as the writers to

Use o se . -j^qj. majesty's signet cannot be clearly ascertained, but was doubt-

less nearly coeval with the use of the royal seal or signet as the token of authority appended or affixed to documents issued in the name of the king. This custom was seemingly borrowed from the French, and the earliest tmces of it in Scotland date from a period some years after the Norman conquest of England. As is well known, before the art of writing became common, seals were used by both the king and his subjects as the sign by which they authenticated the various documents which passed between them and those with whom they dealt either in the affairs of state or in those of private life. Not only writs passing

HISTOllY OF THE SOCIETY xi

between sovereigns, but those used in commercial or private business were sealed ; and even in ecclesiastical transactions, although the clergy were the chief scribes, seals were used in place of, or in addition to, written subscriptions.

For the purposes of state, from a comparatively early peiiod Koyai seals used of Scottish history four seals were used. These were :

First, The great seal, which, so far as records inform us, appears to have been the earliest in use. It was used for authenticating royal grants of land in the form of charters and confirmations of dispositions by subjects. It was also adhibited to protections, summonses of treason, decrees of forfeiture by parHament and similar writs. From the time of king David i. it was vinder the care of the king's chancellor.

Second, The quarter seal, known also as " the testimony of the gTeat seal," frequently appended to precepts from chanceiy for infefting crown vassals in their lands, also to commissions and similar writs, which were likewise issued under the great seal. It does not appear to have been used much before the reign of king James iv.

Third, The privy SEAL, found in use in the reign of king David II., and probably of earlier date. It was attached to writs affecting persons, such as presentation to benefices, remissions for crime, gifts of escheat, etc. It also was under the care of a special officer, known as lord privy seal.

Fourth, The sionet, probably at first the king's own seal, worn on his finger, and adhibited by himself to his correspondence and other documents of a private nature. It came to be used , in more public matters, and for documents authorising writs to be passed imder the other seals. This seal was consigned to the care of a particular ofiicer of state known as the secretary or lord secretary.

It is from the last-named seal that the society takes its dis- Office of secretary : tinctive appellation, and its earlier members were those who writers to the signet.

xii THE SOCIETY OF WEITEKS TO THE SIGNET

acted as clei'ks in the office of the king's secretary. This officer was not, like his successors of later times, merely a secretary of state intrusted with political and executive business. He was the king's right hand at the pen, the issuer of the royal manuscript authority, whether for the ends of state policy, for transactions of law, or for private purposes. His clerks were engaged in conducting the public and private correspondence of the sovereign, and, as the signet was the badge of the secretary's office, his assistants came to be styled, and are styled in early records, " wryttaris to the king's singnet." Their duties. But the work of the writers to the king's signet was not confined to dealing with the royal correspondence, however im- ' portant that might be. It was their duty to prepare all warrants for charters or grants to be passed under either the great seal or the privy seal, such warrants being called from an early period " signatures," because they bore the signet of the king. In later times the clerks of the signet signed summonses and other writs pertaining to the supreme court of justice, which affected the person or estate of any of the king's lieges. All such documents ran in the form of letters from the king, and were addressed, in the case of signatures, to the chancellor or lord privy seal, and in the other cases, to officers of the law, or to faithful subjects. In this form all such writs were authenticated by the signet, and it became the exclusive privilege of the members of the society to prepare or sign them. A. D. 1532. Before 1532 the signet alone was the mark of the king's

authority, but after that date the writer was required to sign the writ, not to add weight to the royal signet, but to make him in- dividually responsible to the king for the use of it. When application was made by a subject for the issue of a writ against a fellow-subject for the recovery of a debt, or for the redress of a wrong, a writer to the signet, acting as the king's deputy, made due inquiry as to the justice or reasonableness of the

HISTORY OF THE SOCIETY xiii

demand. If he then deemed it proper, he issued the required letters in the king's name, and passed them under the signet, a privilege confined to the members of this society. The functions of a writer to the signet were therefore in early times entirely of an official nature, and so continued down to the beginning of last century.

It will be evident, however, from what has been said, that this Early notices society can claim a very ancient descent. The earliest recorded ° ^ *'^^ ' reference to the signet is in the year 1369, when Walter of Ward- law, who is the first office-bearer recognised by the society, was the "king's clerk" or secretary. Nevertheless the signet must have been in use some time previous to that period. Thus in 1369 and in 1371 parliament enacted that no minister of state should execvite any mandate directed to him under the great seal, the privy seal, or the private signet, if such mandate were in prejudice of any person, contrary to statute or common law.' On this, as on other points of Scottish histoiy, the scantiness of early records denies us full information. But whatever the date at which a royal signet began to be used in Scotland, the fact that the secretary was known as the king's clerk, and that the writers to the signet were his assistants, indicates that the members of this society are the professional successors of those officials who, in the earlier period of Scottish history, were known as the king's clerks.

The very first of these clerks on record, who has left his name on The king's the writ with an appellation foreshadowing the professional title of °^^ ' this society, is Grento, who wrote the earliest charter known to exist connected with Scotland. This is the charter granted in 1098 by king Duncan ii., son of king Malcolm Canmore, conferring certain lands in East Lothian upon the monks of St. Cuthbert." The authenticity of this writ, which was long disputed, is now fully admitted ; and in it, along with the royal seal and the crosses or

' Acts of the Parliaments of Scotland, vol. i. = Original among Coldingham charters at

pp. 535, 547. Durham.

xiv THE SOCIETY OF WEITEKS TO THE SIGNET

marks appended by the king and his nobles, is to be seen the mark " Grentonis scribtoris," of Grento the ivriter, who penned the charter, and who also wrote at their respective crosses the names of the granter and the witnesses.

The next notice of the king's clerks which can be cleai'ly proved is in the time of king WiUiam the Lion, 1165-1214, who had several " clerks." It may be asserted that these were ecclesiastics, 1)ut it would appear that all were not so, as we read of Michael, one of king William's clerks, who held the estate of Wymet or Woolmet, near Dalkeith, and he possessed also the small estate of Gilbert- ston, now rej^resented by the farm of Brunstane, near Joppa. Michael of Woolmet had several children, among whom his estates were divided.

King William's grandson, Alexander iii., had at least three clerks, one of Avhom was Thomas "de Carnoto," a prominent member of the family of Charteris, if not one of its direct ancestors. He was afterwards made chancellor, and has been claimed as the first layman appointed to that office.^

The troublous times of the next century deprive us of several links of the chain ; but from the time of king David ii. and of Walter of Wardlaw we meet with frequent references to the king's clerks. King James i. had several, but it does not appear that any of them were very distinguished. Sir John Rede In the time of king James iii., however, we find among

the clerks to the secretaiy, one who has left a pleasing character behind him, sir John Rede, popularly known as " Stobo," perhaps from the place of his birth, or because he Wiis vicar of that parish, which was a prebend of Glasgow cathedral. He is also described as rector of Kirkchrist, probably the parish in Galloway so called. He held oftice in the reign of king James ii., or prior to 1460, and in 1473 received from James iii. a recognition

^ Some uncertainty exists as to whether man, as the references to liiin are very inde- Thomas Charteris was a churchman or a lay- finite.

alias Stobo.

HISTORY OF THE SOCIETY xv

of his services in a pension of £20 a year. He is described as serving the king and his father in writing letters to the pope, and to various kings, princes, and magnates beyond the kingdom ; a statement which confirms the view taken of the work done by the earher clerks to the signet. It is interesting also to note that this pension was to repay his outlays for parchment, paper, red wax and white, and other expenses incurred regarding the documents written by him.'^ At a later date we hear of his being sent by king James iv. on a mission to England along with Walter Chepman, afterwards named. He was known as a poet, and is men- tioned by Walter Kennedy as a personal friend of William Dunbar, who, in the Lament for the tnakars, mourns that death

" hes tane last of aw, Gild gentill Stobo, and Quintyne Schaw."

A colleague of sir John Rede, more celebrated than he, was Walter Chepman, Walter Chepman, the founder of Scottish printing. He was a ' ''" '"^'" *"^' wealthy and influential merchant burgess of Edinburgh, but is also described as one of the clerks of the king's secretary, intrusted with the keeping of the signet. He is the first "writer to the king's signet," fonnally so styled. Chepman was high in the favour of king James iv., and in conjunction with Andrew Myllar, a bookseller in Edinburgh, embarked on a joint printing enterprise in the year 1507, under a patent of monopoly from the king. Myllar furnished the practical experience while Chepman supplied the capital. Their printing office was in the Cowgate, in a property belonging to Chepman, at the foot of Blackfriars' wynd. His own house stood in the High Street, just at the top of the same wynd.

In 1505 Walter Chepman bought the lands of Ewerland in the parish of Cramond ; and in 1509 he purchased, from James Ward- law of Riccarton the estate of Priestfield, now Prestonfield, near

' Exchequer Rollt, vol. yiij. p, 315.

\

xvi THE SOCIETY OF WEITEES TO THE SIGNET

Edinburgh. In 1514 and 1515 he was dean of guild of Edinburgh. He has left to our times a memorial of his piety and public spirit in the aisle which he built on the south side of St. Giles' church; in which also, in 1313, he endowed an altar dedicated to St. John the evangelist. In 1528, he likewise erected a chapel of the Holy Rood, at the foot of St. GUes' kirkyard, adjoining the Cowgate. This he endowed for masses to be said constantly for the repose of the souls of king James v., the founder (himself), his deceased wife Maviot Kirkettill, and his second wife Agnes Cockburne, but more especially for the souls of the late king James iv. and those who had fallen with him at Flodden. Chepman died about 1532, and was buried in his own aisle in St. Giles', where the late Dr. WilUam Chambers erected a tablet to his memory. His eldest son by his second wife, David, who predeceased his father, was a merchant and bookbinder in Edin- burgh. William Chepman, another of the family, was a writer to the signet.

John Chepman of " Schelis," a nephew of Waltei-, who succeeded to his uncle's estates in 1532, was also a member of the society. In 1537 he granted an annuity in supplement of his uncle's endowmeut of St. John's altar in St, Giles'. His wife's name was Isobel Henderson. Sir John Beiienden. Aiiothei' early member of the society, who is also particularly described as a writer to the king's si^et, was John Bannatyne or Beiienden, for the name is variously spelt. Iii 1528 he was secretary to Archibald, sixth earl of Angus, and after the death of king James v. was made justice clerk and director of chancery. Other names of writers about the same period, and up to the date when a formal list has been preserved, might be given. The most prominent however have been mentioned, and suffice to show that writers or clerks to the king's signet existed from a very early period of Scotland's official history. »,[

It is in the time of Walter Chepman, or about the years from 1490

HISTOKY OF THE SOCIETY xvii

to 1494, that we first meet with the term " writares of the singnet " applied to the clerks of the secretary's office as a body. The notices appear in the accounts of the treasurer of Scotland. In one case king James iv. orders gratuities to be given to the " wrytaris of the signete " for "thare drink siluer" for writing letters.

Community of calling fonned in the middle ages a great bond of union among those who pursued any employment requiring special knowledge or skUl. By it the trading guilds were bound together for common action and self-government. On the followers of the law it exercised a like power. Besides an acquaintance with general business, the calling of the writers to the signet required a knowledge of the forms of law and conveyancing, a mastery of the art of penmanship, and familiarity with the Latin tongue — at that time at least a living language. It was almost a necessity of the life of those times that fellow-workera thus associated should be united in a society or brotherhood. There is no authentic evidence of such an incorporation, but, however they were organised, the writers to the signet formed a little community to whose pens were intrusted many of the chief business affairs of the country. It is also worthy of note that while the followers of art, science, law, medicine, and the teaching profession still wore the priest's gown, in the "booths" of the early writers to the king's signet there began that lay professional life which bulks so largely in our modern world.

It is stated, in some of the proceedings of the society, that its The society »nd members in early times, in addition to their duties in the secretary's "^""'^ °^ session, office, acted as clerks in the old courts of judicature known as the lords of council, the lords auditors, the session and the daily council, as well as to the privy council. There is not, however, sufficient information extant to give an exact description of the connection which existed between the writers to the signet and these ancient courts; but in 1532, when, with the exception of the privy council, they were all superseded by the court of session, the relation of the

xviii THE SOCIETY OF WEITEES TO THE SIGNET

writers to the signet to the new judicature is more clearly defined. They henceforth formed a part of the legal establishment styled the college of justice, and the members of the society were called to the work of clerks in the new court. The lord clerk register, under the title of " clerk of the registrie, roUis, and of counsale," was made chief clerk of the session, and under him the writers to the signet became clerks of court. ^

The court met in the council hall in the old tolbooth of Edin- burgh. There was but one acting clerk at each sitting. He was designed the clerk of council, a title in which may be traced a survival of the defunct court of the lords of council, or perhaps a recognition of the writer's office as clerk to the king's secret council, of which that court was a branch. The clerk of council was chosen by rotation from among the writers to the signet,* and, in respect of that arrangement, the lord clerk register retained the right of nominating the clerks of session until 1728, when the patronage was first reserved in a commission then issued to Alexander, earl of Marchmont. A single survival of the connection of the clerks of court with the clerk register's office remains at the present time in the clerks of session being required to act as the lord clerk register's deputies at elections of Scottish representative peers.

While one member only of the society thus acted at a time as clerk of court, all writers to the signet were entitled to be present in court during the hearing and decision of causes. The importance of this privilege will be understood when it is remembered that the court of session, in early times, like the parliament of Paris, upon which it was largely modelled, did not admit the public to its meetings.^

' It may be noted that in 1524, owing to the appears Irom an act of the lords of council,

troubled state of politics in Scotland, the lord dated the 14th of February 1530, about two

clerk register was, for a time, made the cus- years before the new court was instituted,

todier of all the seals, including the signet, which orders that, "Fra tyme the chancelar

until proper officers were appointed, and lords entir in the tolbuth, yat na manner

' Mackenzie (1716), vol, i. p, 247 ; Bankton of man remane yrin hot advocats and sic able

(1752), vol. ii. p, 494. men to leir practik as sail pleiss the chancelare,"

' How strict the rule was on this subject "Yat the massers keips the counsale house

HlSTOllY OF THE SOCIETY'-'-' xix.

In the act of parliament by which the court of session was Regulations for established, there is no reference to the clerks of court or of the ^i^^et.^ *1532! signet, but in the first act of sederunt of the new judicature, passed on the 27th of May 1532, there are vai-ious provisions regulating the \i,u

working of the members of the society. Among other things, it ■'"'"'^* ** '" is enacted, " that all clerkis of the signet be sworne to exerse yair oflSces lauchfuUie and diligentlie, and nane of yame sail reveil nor mak manifest to ony man quhat they writt or dois for ane uther, bot sail keip all closs and secrete. Item, yat na clerk of ye signet tak mair for ye writtin of an bill bot aucht pennies, and for the writtin of an lettre apoun ane decrete of the lordis and deliverance bot, twentie pennies, nor for nane uther letter mair yan was usit in our soveran lordis tyme yat last decessit, quhome God assolze, under the pane of tinsale of his office. Item, yat nane fruster ane uther of his labours and proffit, yat everilk clerk of the signet yat writtis ony bills mark ye samin with his awin name in ye bill within."

In the thirty-ninth act of the fourth parliament of king James v., which met at Edinburgh on the 7th day of June 1535, "it is ordanit" anent justice ayres, i.e. justiciary cii'cuit courts, "yat in tymes cuming ye keipers of ye signet sail ansuer na lettres for calling of ony personis and parties to sic particvdar diettes bot gif ye samin be subscrivit with the clerk writer to the signet " (clerk of court) " and justice clerk and his deputes."

Lord Stair informs us that the writers to the signet " are every year publicly called and commanded to keep the accustomed

dure in yis manner, yat is to say, yat the dur to be wai'dit, and yreftir punist at our plessour,

stand oppin, and twa of yame, ane on ilk syde for thair disobedience."

at the uter dur, uyer twa, ilk ane of yaim at " Geif ony persoun forsaid, be toUerance of

ye iumest dur, and ane masser to be on the the chancellar and lords, remains within the

flure within, to call and do as the chaucelar counsale house in tyme yat ony mater is put

commands him. And that na man entir but in disputatioun, yat yai be sworn not to revele

leif of the chaucelar, fra tyme yat yai be ye oppunzeouns and arguments of ye lords

commandit to byde furth, under the pane of havand votis, and geif ye contrar be attendit

warding of thair personns, and geif yai dissobey, upon yaim, yai never to half entrens agace. "

ix

THE SOCIETY OF WRITERS TO THE SIGNET

Multiplicatiou of the signet.

First iniuutes, 1594. Com- mission by lord secretary.

styles."^ What this ceremony was it seems impossible to ascertain. Nor does it appear whether it was the court or the lord clerk register who gave this annual charge to the writera.

But though the writers or clerks to the signet were thus subject to the lord clerk register as regarded the business of the court of session, they stUl retained their relations to the Lord secretary, who was the original head of their body. An episode in the history of the signet in the year 1541 reveals the fact that this token of authority had been multiplied. In the beginning of that year a thief had misappropriated the royal signet, the seal used in the king's own business. To remedy this, king James v., in a letter passed under the privy seal, wrote to the secretary, stating the necessity of having three small signets for service in the session and justiciary courts, and for the king's " awne directionis," and desiring him to order a third signet to be made in place of the one that had been stolen, to be used in the king's work. He was directed also to "reform" or remodel the three other signets, great and small, by advice of the council. It is thus evident that the use of the signet was extended, and so also was the business of its officials. The institution of the college of justice, with all that had taken place affecting its proceedings and officials, was ratified by parliament in the year 1540, and since its foundation the writers to the signet have been members of the college. Among their privileges as such wei'e exemption from payment of certain taxes, and the right of suing or being sued only in the supreme court. The former right led in later times to many disputes between the society and the city authorities of Edinburgh.

Nothing specially important is on record bearing on the history of the society for the next half century, but in 1594 we are enabled to chronicle its doings by the aid of its own minutes, which are preserved from that date. They begin with the narrative of a commission granted by sir Richard Cockburne of

' stair's Institutions, iv. 3. 32.

HISTORY OF THE SOCIETY xxi

Clerkingtoun, lord secretary, in favour of Mr. John Layng, his depute, and keeper of the signet, and eighteen other members of the society appointed as commissioners. The lord secretary directs them, or any nine of them conjunctly (the depute keeper of the signet being always one), to convene whenever they think it ex- pedient, and to take order with "all abuses, falsities, and in- formalities in their vocation, committit or to be commit, by any ordinaiy member and brother thereof, master and servant," and they are to remedy all such. They are also " to conclude, determine, and sett doun all actis, statutis, and ordinancis necessare, under the panes of deprivatioune simpliciter of office, suspensioun, and pecuniall panes accordingly to the wechtiness of the offence." The commissioners are likewise to make and enforce all needful regulations concernmg the trial of the qualifications of such as shall be presented by the lord secretary for admission to the society, and to prescribe the manner of their admission. In the event of vacancies arising among the commissioners through death, or otherwise, their places were to be filled up by others " of the maist ancient and best qualified ordinare" writers to the signet. The commissioners also in that year specially " ratifies and appreives all and quhatsumevir acts maid of befoir in ony tyme bigane pre- ceiding the dais heirof be yair predicessouris and pi'omittis, to hald hand to ye observing zairof according to gude conscience."

Such are the main provisions of the earliest commission extant Evidence as to in the records of the society, and it is of special interest because the ^"go J" °****"''°° tenor of it is suggestive of an established style from which it is evident that the constitution and governing body of the society were then fixed virtually as they exist at present. The king's secretary, or lord secretary, was their recognised chief, and his depute was the acting head of the society, while the commissioners appointed by the secretaiy discharged the same duties towards the body as now. It appears also from the minutes that such commissions were renewed from time to time, or were ratified by successive lord

xxii THE SOCIETY OF WKITEKS Tp THE SIGNET

secretaries, generally about the date of their respective appointments. Thus in 1596 lord Menmure confirms the preceding commission ; in 1598 lord Balmerino ratifies the acts, and in 1610 sir Alexander Hay deals in the same way with the commission. In 1612 a new commission in like terms was granted by the famous sir Thomas Hamilton, afterwards first earl of Haddington ; again, an imperfect one was issued by him in 1626, perhaps left incomplete because of his retirement about that date. Other such writs by various secretaries are noted from time to time, but those above mentioned are sufficient to indicate the practice. The style of each was like that of its predecessor. • w

Bye-laws, 1594. The whole of the commissioners named by sir Richard Cockburn

in 1594 did not accept office, but those who did so drew up a set of bye-laws for the government of the society, called in the name of their chief, " my lord secretares injunctiones," but in part at least the result of their own deliberations. These bye-laws are deserving of careful study. It is specially noteworthy that they contain stipulations limiting the number of the society's members. Thus it is ordained that " no one shall be admitted to the signet nor to the use of the office thereof but by the decease of one of the brethren ordinary writers of the signet, and then to receive the son, servant, or apprentice of the person deceased." But this rule not appearing strict enough, the commissioners proceed to Umit the future number of members to twenty-four. In doing so they show an earnest desire for the welfare of the society ; they call to mind " the treuth and honestie of thair predecessouris, ordinary writtaris to the signet, quhilk proceidit upoun thair feu nummer, and now be the admissioun of ane multitude thair is drawin upoun the maist pairt of thaime povertie, and, be the said povertie [they] ar the reddier to be inducit to committ falsettis," for which reason the commissioners recommend a reduction of the number. The exceptions to this pro- vision in favour of those who were not held to be ordinary members, show us the offices held at that time by the members of the society.

HISTOEY OF THE SOCIETY ''• :'Tiri xxiii

"Undir this act sail nawyis be comprehendit the ordiner clerkis

befoir the sessioun, secretare, depute keipare of the signet, clerkis

to the justiciarie, and clerk depute of the secreit counsale." ^

In a letter from the lord secretary (sir Alexander Hay) to the

deputy keeper, read at a general meeting on the 8 th of November

1609, the same anxiety for the high standing of the society is

manifested. His lordship says : " The multitude of wryttaris to the

signet haffing bred amange thame selffis disordour, and thairwith

occasioned disdaine and contempt of that place, whiche in former

tymes wes in so muche credite, is a matter no les grevious unto me

than to thame who feillis more sensiblye the smart of it. The too

haistye desyre of many men to be maisteris hes maid sume of thame Jj

servanttes, and no doubt want of employment bringing with it

povertie wUl produce sone such errours to fall in thair handis as may

much disgrace the place." Accordingly it is to be the society's aim

to limit its membership, and thereby to protect alike the interests of

the public and the privileges of the favoured twenty-four members.

As a means towards this end, the secretary recommends the deputy

keeper and commissioners to use great strictness in dealing with

deUnquents, whom they are required to deprive or suspend. " Lett

not preposterous pitie heirefter," says he, "move ather you or

thame to spair or mitigate the punishment imposed, that so,

quhome dewtie can not move, feare sail inforce to walk warlie in

their calling."

Another act, of 13th February 1613, has also a bearing upon the Regulations ■ status of the society, and is typical of others of the same character, bus^ess!^'^* It aims at limiting the writers to the signet to their own calling, and preventing their engaging in more general business, as, in earlier times, sir John Rede, Walter Chepman, and other members of the society had done. "My lord secretar and his commissioneris,

' On the 14th of November, in the following until the whole number of the society be year also, the lord secretary promises that he reduced to twenty-fouv. will nowise admit any person to the signet

strife.

xxiv THE SOCIETY OF WEITEES TO THE SIGNET

understanding that sindrie of the craftls of the burgh of Edinburgh ar burdening sum of the wryteris to the signet to becum thair clerkis, and to keip thair assemblies and meetingis, contrare to equitie and ressoun, and to the reputatioun of the saidis wryteris, quhais calling hes evir bene repute mair honourabill nor thairwith to becum clerkis to sic inferior callings," therefore " it sail nawyis be lesum " to the members of the society to accept any such clerkship, but they are " to attend and serve our soverane lordis lieges in the said vocatioun of wryting to the signet, quhairby the samin be not disgracit with the saidis base and unworthie clerkshipis, vmder pane of deprivatioun." Rules against Another point of interest in the regulations of 1594 is the care

taken to prevent any strife arising in the brotherhood, a character- istic feature of the old life of such societies. "The commissioneris, remembering the grite unitie and gude concord standing amangis the haill brethrene, ordinare writteris to the signet, (praisit be God,) and willing the samyn to incres and continew, thairfoir statutes and ordanis that gif ony of the brethrene being pursewit or accusit of ane uthir brother for contravenying of the actis sal happin to minass or injure utheris," by word or deed, he shall, for the first fault, be suspended " ay and quhill he have satisfeit the partie oflPendit, and forder induring the saidis commissioneris willis " ; and for the second fault he shall be deprived of his office " in all tyme cuming, but ony favour or restitutioun to be grantit to him thairfor," In 1656, likewise, a similar penalty of suspension was imposed on any brother threatening or injuring another, in addition to payment of a fine of £20 to the " box," or common fund of the society, and for every subsequent fault a second suspension with the fine doubled toties quoties. Offended parties also are required to carry their grievances to the commissioners for redress under a penalty of £10 to the " box." It is pleasing in this connection to note that although the writers to the signet grew, in the seventeenth century, to be a body of considerable size, the old feeling of brotherhood continued to be

HISTOEY OF THE SOCIETY xxv

loyally cherished, and any slight offered to a member was regarded as an offence against the society. Hence such acts as that passed in 1647, "that everie wryter being warnit to anotheris buriall, his wyff or chyldrene, and refuisand or being absent, sail pay 12s." There was also a due sense maintained of the dignity and interests of the calling. Thus, in 1610, the commissioners ordered that "no ordinary writer in time of session be found drinking in taverns." Again, in 1658, Patrick Wilson is suspended on confessing to " the exercesing of ane uther office and imployment at Kirkaldie, by being ane waiter." His chief offence, however, at that time of Enghsh domination was, perhaps, that he had received for his unprofessional labours a "sallarie" from "the Englishes." In the same year, John Alexander was suspended because of conduct injurious to the calling, in that he had carried on business " at ane feckless and unworthie pryce, below the ordinar rait of wry ting."

In the early minutes, with the same laudable end of keeping intrants, the society select, are many entries relating to the examination of intrants, and the testing of their knowledge and fitness for the calling. In 1594, it is provided that new members shall be admitted only "in public conventioun eftir examinatioun and try all." That this was carefully seen to would appear from the cautious finding given in on the 3d of November 1606, when the examinators report that Thomas Crombey "wes, in sum reasonabil maner, qualifeit to the office." In 1609, it is further appointed that intrants must receive the support of two-thirds of the com- missioners in order to render their election valid.

For a similar reason, and also for the public safety, the society Fraud, took many precautions to prevent fraud. Among other proposed remedies the brethren, in 1647, ordained "ane bulk to be maid quharin every wryter to the signet saU gif up the names of thair haill prenteissis and servandis, that thair names may be inroUit in that bulk, and ane lytill pateme of thair hand writt insert thairin, 1^0 be conferrit with thair letteris sent to the signet."

d

xxvi THE SOCIETY OF WEITEES TO THE SIGNET

These and several other entries in the minutes give us some idea from its own earliest extant records, of the internal economy of the The signet societj. Those poiuts of its history, however, which were affected

civii"war/ ^7 outside events are not unworthy of notice, and may be briefly touched upon until we reach the present century. It is observable that the minutes show scarcely any traces of the troubled times which came upon the country in the reign of king Charles i., or of the excitement which attended the ecclesiastical and political dispvites between that monarch and his Scottish subjects. But while the society records nothing of the matter, it may not be irrelevant to notice certain adventures which befell the badge of office from which it took its name, and which must have affected at least temporarily the society itself In 1640, we learn that the proper signet had been carried off to England, and some incon- venience was felt for the want of it. To meet the difficulty an act of sederunt was passed by the court of session, and ratified by parliament, declaring that all summonses, letters, charges, suspen- sions, signatures, or other writs which usually passed under the signet, were to be presented to Mr. George Halden, W.S., who should, at the place where the wax was placed, sign a wai'rant for the writ passing the necessaiy seals, though not signeted. For this the usual fee for the signet was to be paid and to be made forth- coming to the secretary, or, in his absence, to his keeper of the - signet. The act further prohibited, under penalties, the keeper of the signet from taking that or any seal furth of Scotland.^

At a later date, in 1644, we find that the signet was affected by the proceedings of the extreme covenanting party, who were then gaining power. Because William Hamilton, earl of Lanark, then secretary, had not signed the covenant, he was accounted "an enemy to religion," and the " benefite of the signet " was arrested or closed in the hands of Mr. Harry Maule, his depute, the result being that no writs could pass for the time.^ The earl, however, sQoft

> Acts of Parliamenf, vol. v. p. 269. ^ Ibid. vol. vi. part i. p. 89. oi

HISTORY OP THE SOCIETY xxvii

afterwards took the required oath, and the arrestment was removed. About the same time the secretary addressed a petition to parlia- ment, which narrates another adventure of the signet. He stated first that sir James Galloway (master of requests in England) had usurped his place as secretary ; alleging some difference between a secretary and a secretary of state, and had obtained letters from the king requiring the Scottish council to acknowledge sir James as secretary, which the coimcil found to be a gi-eat wrong and pre- judicial to the kingdom as interfering with the elections of officers of state. Lord Lanark declared that he was sole secretary of state for Scotland, appointed by the king (Charles i.), who had handed him the signet in open parliament. He stated further that while he Signet in open was in close prison at Oxford, the signet had been taken from him by the English secretaries and given to sir Robert Spottiswood, whose loyalty to the covenant was much suspected. The earl desired to have it affirmed that he was the secretary, which petition the parliament duly granted.^ The narrative of the presentation of the signet to its official custodier is of considerable interest, as, although this seems to be the only case recorded, the king probably followed a long-established precedent.

The earl of Lanark remained secretary until his loyalty to king The civil war. Charles and the defeat of the army of the " Engagement " drove him from office and then from the kingdom. His place was taken, in March 1649, by William, earl of Lothian. Previous to his appoint- ment, and after the death of king Charles i., the signet, with other seals, had been placed in the chancellor's custody, and parliament ordered the signet of the late king to be used in his successor's reign. Afterwards, in open parliament, it was handed to the marquis of Argyll on behalf of the new secretary, who, however, did not hold it long. The success of the English invasions in 1650 and 1651 led to a complete overturn of the government of Scotland, and the office of lord secretary and keeper of the signet

' Acta (if Parliament, vol. vi. part i, p. 182.

xxviii THE SOCIETY OF WRITERS TO THE SIGNET

fell into abeyance. The country had no longer a separate and independent administration, and there was no place for many of the old officials. In 1652 the court of session was set aside, and in its stead came the commissioners for the administration of justice in Scotland, a body appointed by the EngUsh executive, and holding office during pleasure. Several Scottish lawyers of eminence, one or two of whom had been lords of session, were placed upon the commission, but its number was made up by the appointment of Englishmen, whose chief qualification seems to have been a firm adherence to the new government. The court, which had no president, was modelled upon a different system from that which it H had superseded. The college of justice became for the time a tradition

rather than a reality, and the society could no longer be designed as the writers to his majesty's signet. The constitution of the court of the commissioners was foreign, arbitrary, and subversive of the ancient traditions and liberties of the land, yet it has left behind it a good reputation for industry, and for the fairness of its decisions, due probably to the upright character of some of its leading members. Commissioners The Commissioners of justice issued a commission in 1654

theT*'?!*"'^ appointing as deputy keeper of the signet an Englishman named Samuel Mosley, who seems to have been a kinsman of Edward Mosley, one of their own number. Evidently the office had lain for some time vacant, or at least dormant, as appears from an entry requiring writers who have been admitted since 1652 to pay Mr. Mosley the casualty belonging to his place, which " his pre- decessors, keepers of the signet, were in use to receive of befoir." In 1655 the salary of the keeper was reduced from £140 to £100. A new commission, recorded in 1657, proceeds from sir WUliam Lockhart, younger of Lee, one of his highness' council in Scotland.^ By it, sir William's brother, Mr. John Lockhart, afterwards lord Castlehill, was appointed keeper, and a letter

' Sir William Lockhart was a well-known Protector, whose niece, Robina Shouster, he friend and political adviser of the Lord married.

HISTOKY OF THE SOCIETY xxix

of acceptance from him is recorded along with the commission. In 1658 a new name appears, that of Mr. James Crawfurd. He is always called deputy keeper, although there does not seem to have been any principal keeper between lord Lothian and the duke of Lauderdale, who was appointed in 1660.*

There is no mention in the minutes of sir Peter Wedderburn, The society afterwards lord Gosford, whose commission as deputy keeper was restoration, dated 28th August 1660. On the 17th of November following, a commission was produced, granted by John, earl of Lauderdale, principal secretary of state for Scotland, appointing " Mr. WilUam Schax'pe keeper depute of his majesty's signet."^ The first proceeding of the new deputy keeper was to cause the society's officer to be admitted of new to his post, evidently on the ground that all proceedings which had been taken during the former administration wei'e invalid. The officer, having been sworn, was forthwith ordered " to warn James Allan, late treasurer, Mr. George Cruickshank, late clerk, and William E,os, late proctirator fiscal to the commissioners, writers to the signet in the time of the late usurpers, to appear before the commissioners on Monday the 19th inst., and the said clerk to produce the book of register in his custody." At a meeting, held two days later, the clei'k, treasurer, and procurator fiscal compeared as commanded. Mr. George Cruickshank was then discharged from office, and declared to be no longer clerk ; the fiscal was dealt with in the same way ; and James Allan received a new appointment as treasurer " and keeper of the public box." Thus all the office-bearers were summarily deprived of their old appointments. The officer was next ordered " to warn all writers to the signet, and all others pretending to be so dimng the late usurpation, to be at

' Incidental notices of the signet during this - Mr. William Sharp was brother of Mr.

period inform us that in 1655 a signet for James Sharp, minister of Crail, who a month

Scotland was engraved by an English artist, after this date was appointed archbishop of

Thomas Symous, and sent north in 1656 with St. Andrews, the other seals.

XXX THE SOCIETY OF WEITEES TO THE SIGNET

the meeting of the commissioners to-morrow, at ten o'clock, in the parliament hall." On the following day, the 20th of November, the commissioners met again, and with them a great number of other writers, " and also of those pretending they had liberty to be writers to the signet during the usurpation." Mr. Sharp then required them all to exhibit to him their warrants of admission, upon either of the two following days, discharging all those not lawfully admitted by the lords' secretaries for the time," or by such " as had power from his majesty, or his royal progenitors, from exercising the office of writer to the signet, at their peril." Those writers who had been admitted between 1608 and 1650 produced their commissions on the 21st and 2 2d of November, which were then mmuted and returned. There appear, however, to have been about twenty-five members of the society, admitted after 1650, whose commissions were now declared void by reason of failure to have them formally renewed. In the course of the following year, eighteen of these members were admitted of new, the minutes stating that they had been formerly apprentices to such and such a member of the society. Upon paying their fees a second time they received new commissions. Regarding the other writers who were deprived by these proceedings, the minutes give us no information.^ The society On the 12th of January 1663 a special meeting of the college

of justice, that is to say, of the advocates, clerks of the session, and writers to his majesty's signet, was held in the inner parliament house, to authorise payment of a tax by the members of the college who held land in Edinburgh. The " English usurpers " on a former occasion had fixed the tax at " one in the hundred," on the valued rents, and this proportion was now to be paid — partly for behoof of the lords of session and partly for the benefit of the king's revenue. At this meeting also, the keeper of the parliament house was required

' It may be noted that, for some reason, the it was 0{)ened by parliament for inbringing signet had been closed at this time. In 1661, the king's rents. - ^d)

taxed in 1663.

HISTORY OF THE SOCIETY xxxi

to show his warrant, which, if it was from the magistrates only, was to be null. He had been appointed by the provost and council of Edinburgh during " the late cessation of administration of justice," whereas the real power of appointment lay only with the lords of session. Incidentally we learn that a deputation was appointed to wait upon the dean of guild and town council of Edinburgh to desire that " the backseats in the loft of the lords of session, in the new kirk of St. Geilles," might, as of old, be reserved for the advocates and writers only.

Two subsequent meetings of the college of justice were held SaieofLeith on the 11th and 16th of September 1663, convened by the dean of " * ^' faculty, to obtain the consent of the society, along with that of the faculty of advocates, to the sale of the citadel of Leith, by the earl of Lauderdale, on behalf of the crown, to the magistrates of Edinburgh. The purpose of the proposed sale is said to be for obviating of the detriment which would arise to the burgh of Edinburgh through the inhabitants " by the said citadel," trafficking and holding ^lal•kets there.

In a letter presented to the commissioners, on 29th October 1663, lord Lauderdale undertook to limit the number of writers to the signet to three-score. The commissioners thanked his lordship for the letter, but it does not appear that anything more came of it.

The privy council's action against the holding of conventicles The society and caused some trouble to the society. At a meeting on the 21st of December 1676, a list is ordered to be drawn up of all such aa " keep chambers in the burgh of Edinburgh, either as notaries or unfreemen," who have not yet taken the test, in terms of the act. On the 14th of February 1678, the deputy keeper, sir William Scharpe,^ summoned the writers to the signet to a special meeting,^ and informed them that he had received special instructions from the lords of session to bring them together, and to direct their

' be had been knighted in 1669. out a formal excuse were fined a rex dollar

^ ^lethren absent from tl^t meeting with- each.

xxxii THE SOCIETY OF WRITEES TO THE SIGNET

attention to the act of regulation passed by the lords of the privy council on the 11th of the same month. That act prescribed a bond to be signed by all members of the college of justice, lords of session, advocates, clerks, and writers to the signet, as well as by " heritors, liferenters, and masters for their tennents and othei-s." This bond having been read over and considered, the society, " in regard to the great importance thereof," deferred further action until another meeting appointed to be held four days later in the " inner house of the parliament or new session house of Edinburgh." To that meeting the brethren "wer all dewlie wairned be the officer, with certification to such as wer absent, and not excused, that each of them should be unlawed."

When the society met again, on the 18th of February, sir WUliam once more produced the act and " the bond of regularities," and, after " serious consideration," the bond was subscribed by " the commissioners and remanent bretheren." The bond is in the follow- ing terms : — " We under subscry vers, deput keiper of, and writters to his majistie's signet, doe faithfuUie bind and oblige ws that we, our wifes, bairnes, and servants respectivelie shall no wayes be present at any conventicles and disorderlie meittings in tyme comeing, bot shall live orderlie in obedience to ye law, under ye penalties contained in the acts of parliament made yranent. As also, we bind and oblige ws that our whole tennents and cottars respectively, yr wifes, bairnes, and servants shall lykewayes refraine and abstaine from the saids conventicles, and other illegall meittings not owtherized by the law, and that they sail live orderlie in obedience to the law, and further that we nor they sail not resett, supplie or commoun with forfitted persones, intercommouned ministers, or vagrant preachers, bot sail doe our outmost endeavors to apprehend yr persones. And in caice our said tennents, cottars, and yr forsaids saU contravein, we shall tak and apprehend any persone or persones gviilty yrof and present ym to the judge ordinar that they may be fined or imprisoned therefor as is provydit in the acts of parliament made yranent.

HISTORY OF THE SOCIETY xxxiii

Otherwayes we shall remove ym and their families from off our grand. And if we sail faillie yeirin, we shall be lyable to such penalties as the said delinquents have incurred by the law," etc.

The murder of archbishop Sharp in 1679 was followed immedi- The college of ately by the rising in the west country, which began with defiance of foot." of the ruling powers at Rutherglen, and the defeat of Claverhovxse at Drumclog. These events threw all adherents of the government into serious alarm, and the college of justice was laid under warlike requisition. The writers to the signet along with the advocates "and certain clerks of session, met accordingly on 13th June 1679," in the parliament house, where they "elected, nominat, and choysed" the officers of the " coUedge of justice there companie of foote, to be putt out be them for his majesty's service" against the insurgent covenanters. The officers chosen were sir Andrew Birnie, advocate, dean of faculty, captain ; sir William Sharp of StonyhHl, knight, keeper of his majesty's signet, lievi- tenant ; and Mr. James Grahame, advocate, ensign. On the 20th of June following, Hugh Wallace, W.S., was elected "ayd lieve- tennent " to the company.

On 15th June the rising was brought to an end by the Taxing the bills, battle of Bothwell brig, and, in the following February, we find the commissioners of the signet somewhat troubled about the expenses in which the raising of the company had involved the society. They consider several articles charged for "to be very high," and they desire information from the dean of faculty as to where the colours and liveries " ar secured, to be made furthcoming when use sail be of them upon any future occasion." We learn fi:om a later minute that the society's share of the expenses of the fitting out of the college of justice company of foot was two hundred merks, being one-third of the whole cost. It would be interesting to know what became of the arms, colours and uniforms here referred to.

In the early part of the year 1688, it was proposed by the

xxxiv THE SOCIETY OF WEITEES TO THE SIGNET Apprentices and government of king James the seventh, that the writers to the

anti-popery riots.

Signet should be held bound "for their apprentices and servants, that they shall live peaceably and obediently to the laws." The occasion of this action on the part of the authorities was the

■r, occurrence of a serious riot at Holyrood, excited by the fitting up

of the royal chapel there as a Eoman catholic place of worship. This seems to have been the first of a series of outbreaks preceding the revolution. The society, on 11th February 1688, appointed a deputation to consult with the lord president and dean of faculty on this subject, and to represent that the members were in a difierent position from other employers, in respect that their apprentices were, in many cases, but little under their control, and further, that it could not be alleged that any of the writers' apprentices or servants had been engaged in the late tumult.

The revolution. The fact of the revolution in 1688-9 is passed over in silence

by the minutes, although the change of government had the efiect for a time of closing the signet. It was opened by royal proclama- tion on 10th July 1689, but only fourteen days later it was again closed by parliament in consequence of a dispute between that court and the king as to the right to nominate the lords of session. The signet was reopened on 15th October 1689, while letters of horning bearing date between the arrival of kmg William in Britain and the period of reopening were declared to be null.^ But despite this silence as to the change of monarch, we find the society some years later, on 18th April 1696, entering into a bond of association for support and defence of his majesty king Wilham's " most sacred per- son and government," and of the protestant religion, "against the late king James and the pretended prince of Wales and all their agents." We do not wonder, after this, to find a like zeal shown by the society regarding members of its own body, and when, on the

• There is a slight reference to passing events slone of the revolutione and confusiones in the in a minute of 7th December 1692, where it is countrie, there has not been a full meetting of stated "that this long tyme bygane by occa- the wry tters. "

HISTORY OF THE SOCIETY ^±iit

5th of April 1697, the commissioners were told that John Alexander, An alleged

" late wryter to the signet, one of ther pensioners," had " turned W'^^^* '° ^^^

papist," the payments to him were stopped " untill he declair

under his hand that he is not papist, and renounces the principles

thereof." The poor man, however, seems to have been unjustly 1

accused, as, on the 24th of November following, a committee

appointed for this matter was able to report that John Alexander

had "renounced and disowned all popery, and principles thereof,

and that he never maintained the same, and that it was a calumnie

against him." His pension was accordingly at once restored.

In the same year George Dallas of St. Martin's, W.S., presented J^^Uas' to the society for the use of its members, his " Book of Styles," which seems to have been the first book owned by the writers to the signet as a body.^

Incidentally it may be noted that in 1697, John Cheisley, a son, John Cheisley. or possibly a nephew, of John Cheisley of Dairy, the notorious assassin of lord president sir George Lockhart of Lee, was admitted a writer to the signet. He seems to have been possessed by something of the extraordinary disposition and obstinate temper which characterised the ill-fated laird of Dairy, and his well-known daughter, Kachel, lady Grange. John Cheisley was but ten years a member of the society, yet his name occurs seventeen times in the minutes — a prominence due to his frequent irregularities and malversations, which, in the end, led to his being deprived of his commission.

On 1st December 1701, the society approved of an address for Death of king presentation to king William, " upon this junctier," by which term '""*^ they evidently mean the recent death of king James vii. The address was signed by " the wholl body of the wreitters present."

By the treaty of union in 1707 it is enacted that vacancies tuo union.

^ In 1706, also, the society showed its revise " a parcel] of styles," which the author, interest in legal literature by appointing a, Mr. John Spotswood, advocate, submitted for committee of the writers to consider and the purpose, prior to publication.

xxxvi THE SOCIETY OF WRITERS TO THE SIGNET

Episcopal clergy.

Precautions

against

Jacobites.

among the lords ordinary in the court of session, in the filling up of which there had previously been no restriction, should hence- forward be filled by the appointment of advocates or writers to the signet only.

In 1711 and 1712 events outside the society are noticed by occasional collections among its members for the rehef of those ministers who, refusing to conform to presbytery, had been re- duced to great straits. On the 27th of November 1712, a general meeting " haveing considered a petition given in by the episcopal clergie, doe appoint master James Baillie, present thesaurer, to pay to their collectors a sum not exceeding ten pounds sterling of charitie, and that with his first conveniency." This is from " the box " ; but, at the same time, it is " resolved that a voluntar contribution be collected from all the members of the societie." In supplement of the above donation, directions are given also that a report be presented to the first general meeting setting forth "how the said money is applyed." Other voluntary contributions for this purpose were frequently made from this time onwards till 1751, In 1745 the collection amounted to ,£20, 2s. 6d.

We find evidence of the disturbance of the political atmosphere in 1715, in the minute of the 9th of November in that year, which relates that the members of the society were " advertised that they should take care what persons they take into their chambers as prentices or servants, and that they should entertain none but those who should be well afiected to the government, and make no disturbance in the place." On the 17th of the same month, Chai-les Chalmers of Portlethin, a member of the society, but not in legal practice, was killed at Sheriffmuir, fighting for the chevalier.

The rising of 1745 was joined by John Hay of Eestalrig, W.S., who had held office as fiscal, treasurer, and substitute keeper of the signet. He was appointed treasurer to prince Charles, and ultimately fled with him to France. In 1746 he was attainted on a charge of treason. Mr. Colquhoun Grant, W.S., also joined the

HISTOKY OF THE SOCIETY xxxvii

army of the chevalier. At the battle of Prestonpans he particularly distinguished himself.^

On the 18th of June 1746, on a request from the lords of The duke of session, the society agreed to join the other divisions of the Cumberland, college of justice in waiting " in their formality s, attended by their clerks," upon the duke of Cumberland, on his return from the north after CuUoden.

In 1759 the society, in view of a threatened French invasion, French in vasior unanimously voted a hundred guineas "as an encouragement to persons to enlist themselves in his majesty's service, for the defence of their country." In 1778 a sum of five hundred guineas was War with voted towards raising in Edinburgh a regiment for service in the '"^'^"'*' American war. ;.

In 1779 an address was presented to king George iii. by the coUege of justice and the court of exchequer " upon the present situation of public affairs," which appears to refer to the war then going on against America and Fx'ance. It is signed for the college of justice by the heads of the several bodies, judges, advocates, and writers to the signet. In 1792, the society, having evidently in view the contest in which the country was involved with the French revolutionaiy government, resolved unanimously " that the members, feeling themselves free and happy under the present excellent and unrivalled constitution, held it their duty and their interest to support and defend it, and that at the hazard of their lives and fortunes." On the 12th of February 1798, two hundred guineas were subscribed towards the support of the state " at the present crisis of affairs," and it was further resolved that, if government should require additional aid, the society would, from time to time, come " cheerfully forward and give every assistance in their power." On the 10th of July following, the members assessed

' The prince, at the first levee held by him himself as a mark of personal esteem. See at Holyrood-house, publicly thanked Mr. Grant, Kay's Portraits, vol. i. pp. 418, 419. and presented him with a small profile cast of

xxxviii THE SOCIETY OF WKITERS TO THE SIGNET

themselves for a year at the rate of two per cent, on their valued rent for the relief of the wives and families of soldiers engaged in the French war. In 1814 there is a minute of an address presented to the prince I'egent, signifying the satisfaction of the society at the happy state of public affairs, and the prospect of peace, arising from the close of the war and the surrender of Paris. The war broke out anew in the following year, but the long peace which followed the campaign of 1815 not unfitly represents the state of the society during the same period. Its external history thenceforth is mainly the history of the library, the new buildings for which were completed in 1815.

In 1822 the society's attention was turned towards the opening up of swifter communication between Edinburgh and London. A committee appointed for this purpose, having considered several proposed alterations of the road, reported in favour of one by which the mail should " run from Catterick Bridge by Hexham, crossing the waterfall, and thence to Edinburgh by Jedburgh." This route, they found, would save thirty-three miles, and, allowing for five stoppages, could be travelled in forty-two hours, so that letters might be delivered in the one city on the second day after theii' despatch from the other.

The minutes contain various notices of the society's share in the reception of king George iv., on his visit to Edinbvirgh in that year. In 1842 also there are similar entries referring to the first visit of queen Victoria and the prince consort to Scotland.

In 1838 the society petitioned parUament in favour of Mr. Eowland Hill's scheme of postal reform.

In 1859 some traces of the old military spirit of the society appear in a minute which provides for the embodying of a writers to the signet company of the city of Edinburgh rifle volunteer corps.

In August 1871 the writers to the signet joined with other public bodies in celebrating the hundreth anniversary of the birth

HISTORY OF THE SOCIETY xxxix

of Sir Walter Scott, who was the son of a writer to the signet, and himself an apprentice.

No better conclusion of its history can be found than one of Her majesty's

1 . , p jubilee.

the last entries in the minutes for the year 1887, which refers to an address to queen Victoria congratulating her majesty on the completion of the jubilee of her glorious reign.^

The society has passed through many varied experiences, and some of these have wrought their changes upon the working Hfe of its members. Nevertheless, the outstanding mark of their calling remains as of old, that they write to her majesty's signet; and the loyalty of the writers to the queen tinder whom they now serve is quickened by the memory of the society's time-honoured connection with the long line of the Scottish monarchs. ,,

In addition to the general history of the society, a few parti- culars of what may be called its more personal history, may now be noticed. These are more easily treated separately from the main narrative. Among such particulars, a brief reference to the deputy keepership claims the first place.

OFFICE OF THE DEPUTY KEEPEE.

The ancient dignity of lord secretary or secretary for Scotland was abolished in 1746, and the keepership of the signet thus became vacant. Thenceforth till 1817 the keeper of the signet was appointed as a separate officer. In 1817 the office was united to that of lord clerk register, and it is still held by that official. The restoration in 1885 of the Scottish secretaryship of state revived

' In honour of the same occasion the society keepers of the signet during the past fifty years

also erected in the upper hall of the signet of her majesty's reign ; and of Colin Mackenzie

library, a stained glass window, bearing along of Portmore, Richard Mackenzie of Dolphinton,

with the royal arms and the arms of the society, James Hope, John Clerk Brodie of Idvies, and

the arms of James Andrew, marquis of Dal- Charles Bowman Logan, deputy keepers during

housie, sir William Gibson Craig of Biccarton, the same period. bart. , and George Frederick, earl of Glasgow,

deputy keeper.

xl THE SOCIETY OF WEITEES TO THE SIGNET

only a part of the powers of the lord secretary, and did not revive his former position as keeper of the signet. Functions of the In the keeper's absence the deputy keeper of the signet is head of the society, and as such is entitled to preside at all business meet- ings. The powers conferred by the commissions granted in favour of successive deputy keepers have varied a good deal. In 1594 Mr. John Layng had been designed by sir Richard Cockburn his "depute and keeper of the signet," a style which recurs in later appointments. In the minutes of the society, Mr. Layng's style is " secreter deput" or " secretare depute and keiper of the signet." Not only so, but special powers seem to have been given to Mr. Layng in the year 1597, when king James the sixth, with consent of his council and exchequer, and also of his secretary " then for the tyme be virtue of his dimissoun," granted to Mr. John Layng, keeper of his majesty's signet, for his lifetime, " all and haill that pairt of the office of the secretarie sa far as may be extendit to the keiping and custodie of his maiesteis signetis great and small, (exceptand the court signet ordinarlie vesit to all suche thingis whilk pas the counsaill tabill) together with all and sindrie feis," and all other privileges. This grant was duly confirmed by parlia- ment in the year 1609,^ but the special nature of Mr. Layng's appointment is implied by a clause enacting that in future the keeping of the signets should be at the disposal of his majesty's secretaries, the present gift being no prejudice of their right.

The quorum of commissioners in 1594 is fixed by sir Richard at nine, including always the deputy keeper. The quorum, how- ever, was afterwards reduced to four ; the keeper of the signet being convener, and sine quo non. In 1642, however, the then secretary, William, earl of Lanark, named a commissioner who, in the deputy keeper's absence, should take his place as a necessary member

Date of grant, 17th March 1596-7. — Acts of may be connected with the appointment of the the Parliaments of Scotland, vol. iv. p. 448. "Octavians." The reference to the secretary's "dimission"

HISTORY OF THE SOCIETY xli

of the quorum. The commissioners then appointed were ten in number, inckiding " Mr. Harie Maule, present keeper of the signet, or any four of them, conjunctly with the said Mr. Harie, and in case of his absence" Mr. George Haldin, W.S. The com- mission issued in 1660, in favour of sir William Sharp and eight commissioners, specifies as a quorum any four of them, the keeper of the signet being always one, and sine quo non. Later com- missions are in similar terms, and a memorial transmitted by the society to the home secretaries, in 1731, states that the keeper " has the power of calling and adjourning meetings of the society," and " that he is a necessary constituent member in such meetings, and presides there ex officio." The quorum was after- wards reduced to three. The more recent practice does not require the presence of the keeper or the deputy keeper at every meeting, and when questions regarding the deputy keeper's office were brought before the court of session, in 1828, it was not disputed that meet- ings of the society might be held in the absence of these officers.

In the great majoi-ity of instances the deputy keeper has been Elections of chosen from the members of the society ; generally from among its ^^ ^^*'' most distinguished members. Two exceptions to this practice are Mr. James Law, appointed joint deputy keeper on the 26th of December 1627, and admitted a writer to the signet two years later ; and Mr. James Hope, appointed joint deputy keeper on the 12th of January 1828, and admitted a writer to the signet on the 4th of July following. More notable examples of departure from the rule of selection from within the society were the appointments of Samuel Mosley in 1654, lord Castlehill in 1657, and sir WiUiam Sharp in 1660. All these nominations, however, bear evidence of having been made for political reasons. Mosley was an English- man, and a partisan of the dominant alien government. Whatever his personal merits may have been, he had no natural claim upon the favour of the writei's to the signet. His appointment was. Objections to moreover, obnoxious as proceeding from the new court of the pointment.

xKi THE SOCIETY OF WEITEES TO THE SIGNET

commissioners for the administration of justice in Scotland, which had usurped, in part, the privileges of the lord secretary's oflSce, and to which new authority the society owed no allegiance. It is not, therefore, surprising to find that the members were unwilling to submit to the depute thus thrust upon them. No sooner was his commission recorded than the commissioners, on the 1 3th of March, proceeded to ignore his title so far as to place one of their number in the chair. They "all with one consent, electit and choysed John Sempell preses for the affaris of their present meeting, and to continue to the first day of Junii nixt to cum." The minutes bear- ing on the subject are simple and formal, but they contain traces of a struggle about which further information would be welcome. It says not a little for the spirit of the commissioners that the unequal strife ended in a compromise. It was impossible to hold out against the ruling powers, but, on the 12th of January 1655, the com- missioners managed to save their position while yet yielding the chair to the nominee of the government. They " elected and nominated Samuell Mosely, keeper of the signet, preses for the affairs of the present meeting, and to continue whill the first day of August next to cum, and thaireftir whill he be discharged." The peculiarity of the circumstances may be held to justify these extraordinary proceedings. Doubts, however, seem to have arisen regarding the keeper's right to preside at meetings of the society, and in 1828, as has been already mentioned, this matter was brought before the court of session. The case was not carried to a decision; and, with the exception above stated, the keeper, or his deputy, has always been in use to preside at meetings of the society, and when either of these officers is present and willing to act, he is of necessity president of the meeting.

POBMER MEETING-PLACES OF THE SOCIETY.

The king's

secretary had Ministers of state had, in former times, no official place of busi-

no omcial ' ' ^

residence. ncss, Hor was there anything corresponding to what we now call a

HISTOKY OF THE SOCIETY xliii

public office, unless indeed the tolbooth of Edinburgh, which gave accommodation to a good many different pubhc departments, could be so called. The lord secretary, like other public servants, carried on the work of his administration in his own dwelling-house, and there the royal signet was kept. When Edinburgh became the per- manent capital of the country, and, as such, the place of the king's state residence, the public convenience required that there the lord secretary and other ministers of state should reside for the purposes of national business. Their work, however, continued to be done in their own houses. In like manner, the writers to the signet carried on the business of the lord secretary's department, and other official work, in their private houses in Edinburgh, or in their own chambers or " writing booths." For this reason, and as the society had as yet no local habitation, the places of meeting named Meetings of in the earlier minutes vary considerably. Frequently we have no '^ ^""^'^ ^' information on this head, and must content ourselves with knowing that the sederunt was held "at Edinburgh." Of the meeting-places mentioned we find that, on 15th November 1596, the writers met in the new kirk; on 28th July 1599 and 17th January 1606, in the "laiche tolbuith"; on 15th March 1606, 7th December 1612, and 29th June 1618, in the "heiche tolbuith"; on 4th April 1607, in Holyrood-house ; on 22d November 1609, in the deputy keeper's house; and on 8 th August 1618, in "the wry ting chalmer of Adame Lawtie, ane of the commissioneris." On the 11th of Decem- ber 1627, a general meeting is held at the "tolbuith of Edinburgh," and it is then resolved that "aU the wrytters to the signet sail heireftir keip four generall quarterhe meetings in every year in the tolbuith of Edinburgh, upon the first Monday of every quarter, in the foirnoone." On the 23d of June 1628, a meeting is held "in Robert Alexanderis chalmer, wryter in Edinburgh, and ane of the keiparis of the signet." On the 15th of November 1633, "the brethrene convenit in the dwellinghous of Mr. James Gordoun, ane of the twa keiparis ; " and on the 23d of that month, again in the

xliv THE SOCIETY OF WRITEKS TO THE SIGNET

"hich hall" of Mr. Gordoun's house. On 28th December 1633, 7th January 1636, and 23d February 1639, meetings are held in the "signet chalmer;" on 9th January 1647, in the "auld sessioun house;" on 11th January 1648, in the parliament house; and on 13th March 1654, in the new session house of Edinburgh. It would seem that the society's ordinary meeting-place was either some one of the offices in the tolbooth, or the deputy keeper's house, but the convenience of members might, at any time, cause a change in the place of meeting. The " signet chalmer " and the auld session house appear to have been in the tolbooth. The new session house was in the newly built parliament bouse. The new kirk was the eastern part of St. Giles', known also as the little kirk, and the high kirk. In the society's accounts for 1616 there occurs a payment of £6 to the keeper of the "heich tolbooth quherin the brether convenit." OfiBce of the It was uot till 1695 that steps are taken to secure for the society

•ociety, 1695. ,( ^^^ convenient house, where the signet office, and warrants thereof may be kept, and the wryters may meet upon all occasions." In May of the following year, arrangements were made for furnishing and finishing the " new lodging " bought in terms of previous resolu- tions. Thereafter follow a number of entries giving minute details of the furnishing and fitting up of the offices, even to the ordering of a dollar of drink-money to be paid to the wright employed at the work. The court off the High Street in which the new office stood, was named the Writers' Court ; and the society had the name put up in gUt letters over its entrance gate. In 1704, the treasurer waa appointed " to putt up a broad " in the office, bearing, in gold letters, the " names of all the writei's that did contribute to the buying of the house, and what soumes were advanced by each of them for that end." The same practice, according to a custom of the times, had previously been followed in the case of donors to the box for the poor. When the new buUdings were erected in Parliament Square the signet office was established in them, and thenceforward the

WRITERS' COURT

HISTORY OF THE SOCIETY xlv

meetings of the society have been held in the hall of the library. In 1826 the signet office was removed to its present quarters, H.M. Register House.

APPRENTICES AND INTRANTS.

It has been said that "there is no cii-cumstance which has so Training of much contributed to place the society of writers to the signet a.pprentice8. in the honourable rank which it has so long held, as the attention which has been paid to the education, both general and professional, of their apprentices. There is indeed no law associa- tion in the kingdom which has shown so much anxiety on the subject." This statement is fully borne out by a perusal of the minutes. The many regulations on the subject, however, need not be fully detailed here, but the earliest references to apprentices of the society may be noted.

In the minutes of 1594, it was resolved, as already mentioned, that the number of members should be limited, and no new ordinary writer to the signet admitted until the whole number of ordinary members be reduced to twenty-four. Intrants, how- ever, continued to be admitted until the numbers of the society increased from thirty-eight in 1594, to forty-five in 1609. In 1598, the period of apprenticeship was fixed at three years. But Regulations as the practice varied greatly at different times ; and the regula- *" '" ®"*"''*^- tions as to the length of the apprenticeship were often departed from. By an act of 1610, it was required that all writers to the signet " quhen thai salliappin to ressave ony personis prenteissis to thaim," shall do so by an indenture binding the apprentice to serve seven years from its date. It was fiu'ther appointed that the indenture, on its execution, should be produced to the commissioners, who should cause a note of it to be recorded in the " register bulk of the actis of the saidis ordinar wryteris." In the event of a master dying before the expiry of his apprentice's indenture, the commissioners were to assign the

xlvi THE SOCIETY OF WRITEES TO THE SIGNET

apprentice to another writer to the signet, whom he should serve to the end of his term. On 23d July 1628, this act was ratified, with the further provision that for each indenture, the apprentice should pay ten merks, five to the box, and five to the clerk to the commissioners. In 1629 it was further required that, in addition to serving an apprenticeship, an intrant must be twenty-five years of age before he could be admitted into the society. In 1638 it is enacted that if the apprentice duty be not paid within forty days of entering the indenture, the fee shall be doubled and the master shall pay it. In 1630 there occurs a somewhat remarkable entry of the booking of an indenture, by which Andrew Robertson is apprenticed to John Cok for three years only, and the commis- sioners dispense with the " prenteis dewtie, for gude consideratiouns moving thame." It would be interesting to know what these con- siderations were. From this time forward the act requiring a seven years' apprenticeship was systematically disregarded. Three, four, or five years became usual terms. Sometimes two years, or even one year, was accepted, and for a long time there was no regular pi-actice on the subject. Military clause One clauso iu the early indentures is not usual in the present

tur^! ^ day, and is suggestive of the state of the country. In 1627 military

duties Avere imposed on the apprentices as part of their service. Every apprentice was required to have "a competent stand of musterable armes to lye to his use in the commone storehous or magasin of the wrytteris." Moreover it was provided that if an apprentice died before completing his term of service, or forsook the calling, his arms should remain the property of the society. Clerks as well as apprentices were required to bear arms, and a regular system of military drill was established. It does not appear, however, that the military services of the body so formed were ever called into actual warfare, though their existence as a " company of foote" is noted in 1679. The subsisting "Regulations respecting apprentices and intrants " will be found printed in the appendix.

HISTOEY OF THE SOCIETY xlvii

GOWNS WORN BY MEMBERS.

There are several regulations made by the early writers to the Kariy regu- signet as to the wearing of gowns by members of their society, to gowns. Thus it is laid down, 8th Nov. 1609 : — " Since the habite suld dis- tinguische every one in his calling, all wrytteris to the signet are heireftir, induring thair stay within Edinburgh, bothe in thair cuming abrode in the streittis and in thair wreitting boathe, to wear all the day long (except he walk or ryde abroade without the towne for recreatioun), a gowne in suche forme as salbe sett downs by the commissioneris." Those having no gowns are to be suspended from office until they get them. Again, on 9th March 1610, the commissioners enact that no ordinary writer to the signet, in time of session, be found within the burgh of Edinburgh, "upon the gate " without his gowne upon him, under pain of deprivation. These injunctions seem to have emanated from a royal command, as appears from a letter of king James vi. to the lord chancellor, Alexander, earl of Dunfermline, and the president and other lords of the college of justice, in which the king states that his regard for the dignity of the college of justice had moved him " to prsescribe decent habites to the whoUe members thereof according to their seuerall degrees, with expres commandement that the same should be prseciselie obserued and the contraueners censured " ; and that of late he had heard "that diuers of that body, but in speciall some lawyers and writers to the signet, do not weare the habite prsescribed to them, but walk commonlie in clokes." He therefore desires that all who have the honour to be of the college of justice be ordained " everie one of them in their seuerall degrees to Aveare their said habites at all tymes and at all places therein conteyned." ^ This regulation, having been often transgressed, was frequently renewed ; the last re-enactment of it being in 1750.

' Memorials of the Earls of Haddington, vol. ii p. 73.

xlviii THE SOCIETY OF WRITEKS TO THE SIGNET

That the commissioners were thoroughly in earnest on the 9th AbacucBisset of March 1610, is shown by their action in the case of Abacuc or adventures. Habakkuk Bisset, whom they suspended at that meeting for the double offence of having his residence in Aberdeen, and neither wear- ing nor having a gown. Mr. Bisset, it is to be feared, was an offence to his brethren. He was, if we may judge from what is recorded about him, a man of crabbed temperament, apt to get into quarrels or scrapes, stiff in his manner, like his own handwriting, of which a good many specimens exist. He also passed the great part of life minus four fingers of his left hand, about the loss of which he tells a pathetic tale. In the year 1587, when, if tradition is to be trusted, he was about twenty-six years of age, he was a writer to the signet, and at that time residing in Edinburgh. It would appear that in the exercise of his profession, he had given offence to two gentlemen of the name of Hamilton, who, as he teUs us in his complaint to the privy council, "consavit ane deidlie feid and haitrent" against him. Not only did they refuse to pay his account on a particular occasion but they threatened his life. Bisset, however, " having committit na crime that deservit " such treatment, continued to behave himself "in peccable and quiet manor as became ane man of his vocatioun."

Notwithstanding this, on 24th July 1587, his two enemies, "being myndful to putt thair said ungodlie interprise to executioun, come to Sanct Gelis kirk in Edinburgh, bodin in feir of weir, with swerds pistoUettis and uther invasive waponis," where they found "the said Abacuc gangand in peceable and quiet maner, a little befoir fyve houris at evin, awaiting upon the fyve houris bell to the evening prayeris, qvihair he was myndful to have said his prayeris to God, conform to his accustomed use, having na swerd waponis or armour." The two Hamiltons neither appreciated his quiet walk on the summer's afternoon, nor the sacredness of the hour. They set upon him in the church, broke his head with the pommels of their swords, and when he fled, pursued

HISTOEY OF THE SOCIETY xlix

him to the west porch of the building, where they again struck him, leaving him " mutilat and dismemberit " as already stated.

So gross and open an outrage on a member of the profession The college of could not be passed over in silence, and accordingly Mr. Abacuc's ^jg complaint, complaint to the privy council was backed up by the lord advocate, then Mr. David MacGill of Nisbet, and by Mark Ker of Newbattle, conservator of the privileges of the college of justice, in name of the whole senators, advocates, scribes, writers, and other members of the same.^ But except as a token of esprit de corps it does not appear that this support availed any- thing— the aggressors were denounced rebels for non-compeamnce, but that seems to have been all the satisfaction Bisset gained for the loss of his fingers.

After this he transferred himself for some years to Aberdeen, Retires to j where it would seem he again suffered in the same way. In 1608, when once more on his way to the kirk, in a " moist quiet and peciable maner," he was set upon at the instance of a professional brother — a notary, and received " many deidlie strykis on heid, schoulderis, and small of his bak," being left for dead. He sur- vived, however, and duly made a complaint ; but it must be regretfully recorded that in this dispute he did not come off well, for not only was he defeated, but his adversary accused him of slander in regard to another matter, and the Council found that Mr. Abacuc had behaved himself " verie maliciouslie," and ad- monished him " verie scharplie, to forbear in future."

No wonder, therefore, that he was censured by the society to which he claimed to belong, and when in 1613 he petitioned the commissioners to repone him that he might " use his office alsweill within the burgh of Edinburgh as furth thairof," the petition was refused.-

It must be acknowledged, however, that the practice of wearing

' Register of privy council, vol. iv. p. 204. their functions, because of their "removing

' In the same year John Thomson and furth of this burgh, in sa far as concemis thair William Speir were suspended from exercising wry ting to the signet,"

1

THE SOCIETY OF WEITERS TO THE SIGNET

Gowns in 1679 and 1740.

Woollen dress recommended to members.

gowns was in later times much neglected, for in 1746, when, as formerly stated, the society resolved that members should wait on the duke of Cumberland in their gowns, the only precedent they could find was a similar honour paid to James, duke of York (James vii.) in 1679, when he came to Edinburgh as the king's high commissioner. Moreover, there was some uncertainty about the form and colour of the gowns worn on that occasion. Several members were of opinion that the gowns were red, but black was deemed a more suitable hue, and the fashion of the gowns was ordered to be adjusted by the deputy keeper and two other writers to the signet. The stuff was to be " Scots shalloon," serge or crape, according to taste, the keeper's gown being distinguished by a neck of black velvet and black silk loops. A gown and baton also were provided for the officer of the society. Although the ancient regulations as to the constant wearing of gowns have thus been long in desuetude, writers to the signet still wear their gowns on occasions of cei'emony.

Apart from the question raised in 1746 as to the dimensions and hue of their gowns, the society in that year resolved, in order to encourage the Scottish woollen trade, that at their next general meeting each member should appear dressed in Scots woollen cloth. A committee was appointed to arrange further action towards advancing the trade, and they earnestly recommended every member to wear the cloth " as his occasions require new cloathes " and recusants were to be fined. r

THE BOX OR COMMON FUND.

Almost from the beginning of the minutes, the kist or "box" appears as an important institution of the society. As early as 1609, unlaws are appointed to be converted ad pios usus ; a benevolent arrangement which implies the keeping of some sort of treasury in the hands of the clerk. Thereafter the minutes contain a multitude of entries of fines and fees given to the box,

-:■.•: HISTOKY OF THE SOCIETY v -rr" H

and due notice is taken of the placing of fines by the clerk in the box, in the presence of the commissioners. But as the subject of fines and finance is fully touched upon elsewhere, the details need not be here given.

One investment, however, made by the society, may be com- Bond by Gordon mented on at greater length. In 1677 nme hundred merks were advanced to Alexander Gordon of Earlston, upon a bond over his estate in Galloway, It is characteristic of the uncertain possession of landed property in the fighting times of the seventeenth century, that the borrower's undertaking had to be supported by the joint obligation of two cautioners, William Cleland of Faskine, and Mr. John Bailhe of Carfin. AU three co-obhgants were involved in the movements of the covenanters, the borrower's father, WiUiam Gordon of Earlston, having long been a man of note among that party. In 1662, the elder Earlston had been fined £3500 for nonconfonnity. For a like offence, in 1663, he was Isanished the kingdom, but in 1667 he was allowed to return home. In 1676 he made over the barony of Earlston to his eldest son Alexander. It is not unlikely that the loan obtained in the following year had some connection with this transaction, or with the designs that gave rise to it. Earlston's ostensible purpose in transferring the estate was to fulfil obligations arising under his son's contract of marriage, but it was a common expedient with gentlemen who found themselves in deep water amid the shifting political currents of those times, to convey their lands to theii" heirs, and so save the risk of the estates being lost to their famihes by forfeiture. William Gordon remained in occupation of Earlston, whence, in June 1678, he and his son set out to join the covenanters who had taken up arms in Lanarkshire. The father was killed while on his journey. His son, Alexander, escaped from the field of Bothwell brig and went abroad. On the 18th of February 1680, Alexander Gordon was summoned before the court of justiciaiy on a charge of treason. Failing to appear, he

Hi THE SOCIETY OF WEITERS TO THE SIGNET

was found guilty and sentenced to death. His estates also were confiscated. These proceedings caused anxiety to the holders of the bond over Earlston, and five days later the commissioners of the signet met, and the treasurer having reported upon the subject, the meeting requested the deputy keeper, sir WiUiam Sharpe, "to deal with John, duke of Lauderdale, his majesty's secretary, and the commissioners of the treasury, that no gifts be passed of the said Alexander Gordon's forfeiture, for his rebellion in being with the rebels in the west, in June last, until the said debt be paid." There is no report of the result of the interview thus appointed to be held, but it would appear that the society's claims were fully admitted by the authorities, and that the debt, although not repaid, was kept up as a burden upon the forfeited estate.

In 1690 there is a minute of the society directing the treasurer "to look after the loan due to the Avriters to the signet by Earlstoun," who in the meantime had been restored to the estate, which had previously passed through several hands. In 1692 lord EankeUlor came forwai-d, and paid up two-thirds of the original debt. An arrangement was then come to which secured the speedy extinction of the burden on the estate. The tenns granted were favoui-able, the society's action being prompted by consideration of the pressure of the laii'd of Earlston's circumstances, owing to his late forfeiture, and of the " brocken " condition of his two sureties. It maj' be added that, in 1718, the laird of Earlston succeeded to a baronetcy, which had been conferred on his younger brother William, and which his descen- dant still holds ; that he died in 1726 ; and that his son, William Gordon of Greenlaw and Culvennan, was a writer to the signet.

CHAIR OF HUMANITY IN THE UNIVERSITY.

Towards the end of the sixteenth century the society aided in the establishment of a chair of law in the university of Edinburgh, being

HISTOKY OF THE SOCIETY liii

the first addition to its teaching staff. In the year 1590, after much Law professor- preliminary discussion, a contract was entered into between the college of justice and the town council, for the foundation of a professorship "of the laws." By that contract, the lords of session on the first part, the advocates and writers to the signet on the second part, and the town council as third parties, each provided the sum of £1000 Scots for the endowment. The chair was, however, soon diverted from its original purpose, and the professor was occupied in teaching, not law, but Latin and Greek. On the occurrence of a vacancy in 1597, the founders agreed that the occupant of the chair should cease to be a professor of law, and should become instead a regent or professor of humanity. At the same time the professor's Chair of income was reduced to one-third of the original endowment, and the "™*°' ^' remaining two-thii-ds were devoted by the patrons to the main- tenance of bursars. By an arrangement come to in the same year, the patronage of the chair of humanity was vested in six commissioners, two to be chosen by the lords of session, two by the town council, one by the advocates, and one by the writers to the signet. Except in so far as altered by the universities act of 1858, which substitutes the curators of the university as patrons, instead of the town council, this arrangement still remains in force.

In the following century the town council proposed to the college Proposed of justice that the chair of humanity should be abolished, in order *''**"8e8. that its work might be transferred to the high school of Edinburgh, and the revenue of the chair expended on bursaries. On the 11th of January 1648^ the writers to the signet were accordingly convened in the parliament house "anent their voytis, craved quhidder thair annual-rent of fy ve hundreth pundis destinat and mortifyeit for ane help to ane professor in the college of Edinburgh, according to the first institution, sould be employit to that use, or for intertenement of ane bursar." The meeting unanimously refused " the inversioun

' Sir Alexander Grant, in his Stoi-y of the proposal as 1656, but the minutes of the town Unweraily of Edinburgh, gives the date of this council corroborate the date given in the text.

iiy THE SOCIE|y Qf \YEITEES .Jp, TIJE SIGNET

of the first fundatioun," and declined to interfere with the professor- ship. Such was also the decision of the coUege of justice as a whole. Medal. It may be added that, in 1824, the writers to the signet insti-

tuted an annual medal of the value of ten guineas to be given as a prize to the best Latin scholar in the senior humanity class. In 1860, however, the giving of this medal was discontinued " for the present."

In 1708 the society showed its interest in the scientific enter- prises of the day by appointing four of its members to visit " a machin" termed " a, perpetuum mobile," invented, or at least pro- moted, by Mr. Robert Stewart, minister of the gospel, and recom- mending a collection towards its expense. In 1794, further aid to science was given by a vote of twenty guineas a year, payable for three years, towards keeping up a museum of natural history established by Mr. Alexander Weir at number 16 Princes Street, Edinburgh.

GBANTS TO PUBLIC WORKS AND CHARITIES.

Public works. There are recorded in the minutes of the society many grants in

aid of public works of various kinds, as, for example, towards the building of the royal infirmary of Edinburgh in 1738 ; for the erection of an observatory for the university of Edinburgh ; and also in 1738 towards the establishment of the orphan hospital in Edinburgh; for the relief of the burgh of Kinghorn from the expense incurred in building a harbour at Pettycur in 1760; to the maintenance of the poorhouse and charity workhouses in Edin- burgh ; towards the erection of a church for the Gaelic-speaking community of Edinburgh in 1768 ; for the building of "a qualified English chappel in Edinburgh in 1774"; and for other works of a like kind. In 1751, five hundred guineas were given towards a scheme for rebuilding ruinous houses in Edinburgh in such a way as to afford "great decorement to the city and many large conveniencys." In 1788, when it was decided in the court of session that the writers,

HISTOEY OF THE SOCIETY >& SB. Iv

as members of the college of justice, were exempt from payment of the poor-rates then levied, the society resolved that, as their action in the matter had arisen only from regard to the privileges of the members, a donation of five hundred guineas should be given from the funds in support of the charity workhouse of the city. Similar large grants were, at other times, given for the same object. In 1789, six hundred guineas were voted towards the erection of new buildings for the university of Edinburgh, and a further sum of two hundred pounds was devoted to the same purpose in 1812. In 1796 there occurs an entry of two hundred and fifty guineas given for supplying meal to the poor at reduced prices. At various times the charity of the society has been directed towards the assist- ance of those who suffered from the fires which formerly were of frequent occurrence in Edinburgh. In 1824, two hundred and seventy-three pounds were given from the funds to meet such a case. The contributions of the society towards works of public ic! .<».», i

importance have been continued down to the present time. Thus, for example, in 1872 a grant of fifty guineas was made for the improvement and restoration of St. Giles' church, Edinburgh, and in 1880 one hundred guineas more were given in aid of that im- portant work. In 1883 two hundred and fifty pounds were voted for the extension of the Edinburgh university buildings. In a very recent minute there is a note of two hundred and fifty pounds subscribed towards the foundation of the imperial institute of the United Kingdom.

Besides making such grants to public works and charities from General the common fund, the commissioners frequently directed the atten- tion of the ordinary members to charitable objects lying beyond the limits to which the public benefactions of the society were confined. Thus, in 1610, "the commissioners ordanit the haill bretherene to gif support, according to thair chimtie, for help of the pure Italiane, Francis de Parisco." Another such case occurs in 1616, when a petition is presented to the society from the biirgh of

Ivi THE SOCIETY OF WEITEKS TO THE SIGNET

Cupar, " for reparatioun of thair buildingis and guidis, laitlie brunt and destroyit be fyre." Having considered this petition, " the haill brether, all in ane voce, grantit to gif them supplie, as thai suld be movit thairto of thair awn willis," and appointed collectors to obtain subscriptions from the members. In 1618 there is a notice of con- tributions given by the writers to the signet " to the supplie of the brig of Crawmond." There are also two interesting entries, in 1631, regarding a collection made among the members of the college of justice " for the help and supplie of the pure distressit pepill of the palatinate," on whom the troubles of the thirty years' war had fallen with great severity. For this object there was collected a sum of £2984, 10s. 4d. Scots, of which £926, 17s. was given by the writers to the signet. The fortunes of the palatinate had been made specially interesting to Scotsmen by the marriage of the ill-fated elector Frederick to princess Elizabeth, daughter of James vi. Poor's fund. In 1685, "the haill breitheren, in consideration of the multitude

of their poor, and for the incress of their stock," volunteered each to pay the treasurer £3 Scots a year for the use of the poor. In 1703 it was resolved, in respect of the smallness of the stock, and because the poor of the calling were numerous, " that therfor ther be ane act made dischargeing the intrant wryters of any expences of drinking or otherwayes at the examinatione and admissione," and that, in place of the £166, 13s. 4d., payable for the poor and the "house," at the admission of a member, the payment be increased to £200 Scots. In 1755 further steps were taken in the same direction.

The society, moreover, on occasions took further means to obtain aid for the poor of their number. Thus, in 1663, two of the brethren were appointed to speak to the kirk treasurer, to obtain from the funds in his hands some help for Judith Nairn, relict of Mr. Alexander Carmichael, W.S., to whom the society itself had voted relief. Further, it was to be intimated to the kirk treasurer, that, if help were not given in this case, the society would withdraw its monthly contribution paid to the deacons of the kirks for the poor of the burgh.

HISTOEY OF THE SOCIETY Ivii

In 1667, again, we find the treasurer, by instruction of the commis- sioners, "indenting" John Alexander, son of the deceased Robert Alex- ander, W.S., as apprentice to Gavin Sangster, "tailzeour, and freeman in the Cannongaitheid," and paying £50 Scots from the funds as his apprentice fee. On behalf of the brother of this apprentice, Alex- ander Alexander, " ane poor young orphan of six yeirs or thereby," the treasurer is appointed, at the same time, to pay five marks a month "for his entertainement," and to make further payments for his schooling and clothing. In the following year the treasurer reports that he has paid £50 Scots as a fee on account of George Neill, son of the late Robert Neill, W.S., on his being apprenticed "to John Tailzeowr, tayliowr burgess of the Cannogait." On the same day, the commissioners having voted a grant of three rex dollars to James Hog, a pensioner of the society, and apparently an old advocate's clerk, resolved that three of their number should speak to sir Robert Sinclair, the dean of faculty, anent the said James Hog, that he might get some help from the advocates' box.

That charitable cases were carefuUy considered upon their merits, appears from the frequent language of the minutes regarding them. We come constantly upon cases described in terms like the following : "ane aged poore man"; "a seicklie infirm blind man, in his necessity and great distress " ; " ane poore and indigent seicklie man, who hes lyn seik this whyll by past"; "ane poor zong orphan"; "ane aged infirme and poore woman"; "poore fatherles childrene"; "ane sicklie poore indigent woman, unable to goe to service, or act anything for her lyvliehood " ; " ane poor sickhe man, having the perills in his head, and other infirmities of his bodie " ; " ane indigent sicklie widdow, having three children " ; " ane wryter's son, for buying him cloaths " ; and so forth. In doubtful cases there is added, at times, some quaint proviso, such as " that they be no farder troublesome in any tyme coming," or " and she is never to ask more," or "without any more to be given him hereafter." Many similar benefactions will be found in the chapter which deals with the funds,

h

IVlu

THE SOCIETY OF WEITEES TO THE SIGNET

Craigcrook mortificatiou.

Watson trust.

iri

TBCJSTS ADMINISTERED BY THE COMMISSIONERS OF THE SIGNET. "

John Strachan of Craigcrook, writer to the signet and fiscal of the society, by a deed of mortification, dated the 24th of September 1712, and recorded the 4th of August 1719, directed that the lands of Craigcrook and North Clermiston in the parish of Cramond, which he had purchased in 1698, should be held perpetually in trust ("the lands never to be sold, but to remaine as mortified land for ever"), and the proceeds to be devoted to the relief of " poor old men and women and orphans." The deed proceeds upon the testator's " thankful resentment and commemoration " of God's goodness to him in his " pains and industrie " in his " imployment," and further " withaU, that none of my relatives or nearest of kin may have right to what shall happen, in land or money, to belong to me the tyme of my decease." As managers of his benefaction Mr. Strachan appointed "two advocatts, two wryters to the signett, and the presbitry of Edinburgh, at the sight of the lords of session." In addition to the general purposes of the trust, yearly grants are directed to be paid, from the income of the estate, for the following purposes, "to the advocates' poor yearly, for yr pains, fyftie merks scots ; and to the wryters to the signet, one hundred merks yearly," also "for the ministers of the presbitry, yr pains, yearly twenty pounds scots, to be payed to one of ym successively for an bible, and to begin with the moderator of the presbitry and yrafter yearly ilk one per vices, as the presbytery shall appoint." The benefit of the mortification is restricted by the managers to persons over sixty-three years of age who have fallen into poor circumstances, and to orphan children. The income of the charity is now about £1100 or £1200 a year.

On the death, in 1759, of Mr. John Watson, W.S., the society received the residue of his estate in trust for such pious and charitable uses within the city of Edinburgh as the trustees might choose. In 1822 an act of parliament was obtained enabling the

HISTOEY OF THE SOCIETY ,,p ^fip^ ^

trustees to erect and endow " an hospital for the maintenance and education therein of destitute children, and bringing them up to be useful members of society, and also for assisting in their outset in life such of them as may be thought to deserve and require such aid." The hospital was completed in 1828. It is managed by fifteen directors, members of the society. Under the directors' admini- stration the funds of the trust have steadily increased, and they now amount to over £125,000.

Mr. Joseph Thomson of Mortonhall of Eildon, by his deed of Thomson's settlement executed in 1774, conveyed the residue of his estate in trust, to form a perpetual fund for the purchase of oatmeal for poor householders within the city of Edinburgh not in receipt of parochial relief The original trustees named by Mr. Thomson having died, and others appointed ex officiis having failed to accept office, the deputy keeper of the signet became, in 1814, the sole trustee of the mortification. Under the administration of successive deputy keepers the fund has grown considerably in amount, and is now about £20,000. In dispensing this charity, rehef is given to such poor persons only as are recommended by ministers and missionaries working in the city. In this way about twelve hundred famihes in each year receive aid.

Through the death, in 1828, of Mr. James Dick, a native of Dick bequest. Forres, who had made a fortune in the West Indies, the society became connected with an important bequest for " the maintenance and assistance of the country parochial schoolmasters" in the counties of Aberdeen, Banff, and Moray. The original trustees of the bequest were the keeper, the deputy keeper, the treasurer, and eight of the commissioners of the writers to the signet chosen by the society. But under a scheme framed by the Educational Endow- ments Commissioners of 1882, the governing body now consists of thirteen persons, of whom eight are elected by the commissioners of the signet. The capital sum which came at first under the manage- ment of the tnist amounted to £119,000, but it has now increased

Ix

THE SOCIETY OF WEITEtlS TO THE SIGNfif

Royal infinnary.

Orphan hospital.

Murray trust.

Fettes college.

to £125,000. The income of this fund is apportioned among schoolmasters of the landward parishes in the three counties, according to rules drawn up by the trustees. At the present time there are a hundred and twenty-seven schoolmasters in receipt of grants from the bequest.

By the Edinburgh royal infirmary act of 1870, the society became entitled to appoint annually one of the twenty-one managers of the royal infirmary of Edinburgh.

By a charter of king George ii., granted on the 25th June 1742, incorporating the orphan hospital of Edinburgh, the keeper, treasurer, and senior commissioner of the society are appointed members of the corporation.

In 1880, under the trust settlement of Miss Mary Murray, who resided in Dysart, a bequest of X34,000 became vested in the keeper, deputy keeper, and commissioners of the signet, as trustees for the establishment of a hospital for the education of girls of respectable, poor parentage, to be household sei-vants. Along with the keeper and deputy keeper, six of the commissioners are appointed directors of the hospital. The practical work of this charity is carried on in the hospital premises at Prestonpans, which are held by the directors on lease.

In terms of a scheme drawn up by the Educational Endow- ments Commissioners of 1882, the writers to the signet elect annually a governor of the Fettes trust. The governors of this endowment, coming in place of the testamentary trustees of sir William Fettes, baronet, are invested with the administration of Fettes coUege, and the estates and funds connected therewith.

HEREDITY IN THE SOCIETY.

Thei'e is always a hereditary tendency in professional life, but it is somewhat remarkable to find heredity so strongly developed as it has been among the writers to the signet. The same siu-names appear again and again upon the lists, and the connection of many

HISTOKY OF THE SOCIETY Ixi

families with the calUng has been kept up through a long series of years. The continuance of a family for three generations in the society is so common as hardly to attract attention. It is more notable to find such a race as the Russells of Braidshaw and Rosebui-n, connected with the body from 1711 till 1887, during which time six members of the family, constituting five generations, were writers to the signet. There have likewise been six Ferriers, six Foi'mans, and six Steuarts, all of the same families. The list contains also five Hamiltons of Presmennan, six Andersons of Inchyra, seven Balfours of Pilrig, seven Brodies of Lethen, five Tytlers of Woodhouselee, five Tods of Drygrange, seven Mackenzies of Portmore, five Dundases of Ochtertyre, and five Cuninghams of Newholm.

ARMORIAL BEARINGS.

On the 15th of August 1789, the society obtained from the Lyon king-of-ai-ms a grant of armorial bearings. From the minute re- ferring to the subject it seems that the device of the king's signet had been in previous use. The arms are registered as follows : "azure a saltyr argent, in the flanques two thistles or, and in chief and base the royal signet of the second, with this inscription on the edge, signetum regium."

NOTARIES PUBLIC.

In dealing with the history of the writers to the signet, mention should also be made of the society's connection with a very ancient body of legal practitioners — the notaries pubhc. In the medigeval period of Scottish history the notaries were almost the only con- veyancers, while the oflBce of advocate also was very generally discharged by them. Their rise was due to the action of the western emperors, who, claiming to be successors of the emperors of Rome, aspired also to make their courts fountains of law for all the European kingdoms. As the notaries of early times were

Ixii THE SOCIETY OF WEITEKS TO THE SIGNET

clerics, the pope, as head of the church, exercised along with the emperor the privilege of appointing them to the special office. In due time, however, the independent princes of Europe saw the advantage of having in their own hands the nomination of notaries within their territox-ies, and, one by one, they assumed for themselves such a right. Notaries constituted by authority of the pope and the emperor practised in Scotland from an early period, but king James iii., in 1469, was the first Scottish king who asserted a claim to commission notaries for his dominions. The act of parliament by which this result was carried through sets forth that "it is thocht expedient that sen our soverane lord hes ful jurisdictioune and fre impire within his realme, yat his hienes may mak notaris and tabellionis, quhais instrumentis sal have ful faith in all coutractis civile within ye realme. And, in tyme cumyn yt na notaris, maid, nor to be maid, be ye iraperor's autorite, have faith in contractis civile within ye realme, les yan he be examingt be ye ordinare, and apprieved be ye kingis hienes." There follows a clause saving the authority of the papal and imperial notaries " in tymes by-gane, in all their instrumentis." It is further provided by the act " yat notaris to be maid be our soverane lorde be examinit before yair ordinaris bishoppes, and have certificacioune of yame yat yai ar of faith, gude fame, science and lawte, according for ye said office." '»^''" It is difficult now to estimate fully the importance of this statute, because the duties of the early notaries were very different from those of their successors at the present day. It has been said they were the principal conveyancers of the kingdom, but they were much more. Scarcely any matter or business between parties could be undertaken without the presence of a notary. They were to be found in the king's palace, and in the castles of the nobles, acting as chroniclers of the ceremonies of war or peace. They were to be found in the midst of feuds and quarrels, even on the field of battle, recording as calmly as might be what they heard and saw. They appear in the courts of law and in the barons'

\.>ivyA}l^ 'HISTQEY OF THE SOCIETY "■ 2-1^ ixui

courts, taking protests against acts of injustice, and they also watched over the transference of land rights or of sums of money lent on heritable securities. They might be seen knocking loudly at a superior's gate to demand infeftment for a client, and ready to note the subsequent refusal or acquiescence. Again they were to be met recording the ejection of an intruder from a mansion or the extinguishing of a hearth fire at an eviction. All these and inany other transactions were incomplete unless a notary was present to write his " instrument " detailing the proceedings. So important an office, therefore, required special enactments and special safe- guards.

The establishment of the court of session, and other changes in the economy of the law, greatly altered the position of notaries in our legal system; but the rules for their admission laid down in 1469 were but little altered for more than a century. From time to time acts of parliament were passed regulating the ex- aminations of intrant notaries. Notable among these are James iv. c. 64, 1503 ; James v. cc. 76 and 78, 1540 ; and Mary, c. 24, 1551 ; c. 44, 1555 ; cc. 78 and 79, 1563. By virtue of the last of these statutes, the lords of session and college of justice obtained the power, which they still exercise, of creating and admitting notaries public in Scotland. An act of the eleventh parliament of king James vi. c. 45, passed in 1587, "for remeid of the falsset and ignorance of sindrie notaries," requires that those to be admitted notaries should have " a reasonable understanding in the Latin tongue," and have served with one of the lords of session, commissaries, writers to the signet, or some of the sheriff', stewart, or bailie clerks of the shire or burghs.^

' As this act is still a ruling authority on the and stay for the space of five zeiris next efter

subject, it may be well to give its terms :— the date of yir pfitis And yat nane be admittit

For remeid of the falsset and ignorance of noteris thairefter hot yai that hes ressounable

Sindrie notaris . . . vnderstanding in the latine toung and is at the

" It IS statute and ordanit be his ma"* w' auise leiss congruus That yai have seruit and bene

of the thrie estaitis of yis p&t parliamet That in cumpanie w* ane of the lordis of sessioun

t,\\ admissioun of notaris in tyme earning ceis coinissns writtaris to ye signet or sum of theW

1»T THE SOCIETY OF WEITEES TO THE SIGNET

An application for admission as a notaiy proceeded upon a petition presented to the court of session. A remit was then made to members of that body, styled " the lordis examinatoris," and, at least in the later practice, the applicant, if found qualified, was admitted by these examining judges without any report to the court. The work of examining thus entailed upon the lords of session, seems to have interfered with their other duties, and, on 31st December 1595, and 30th July 1691, acts of sederunt were passed stringently regulating the examination of notaries. The last-named act ordains, " that in time comeing, no person be admitted nottar, unless a petition be given in to the whole lords, in presentia, with a certificate under the hands of persones of credit attesting the petitioner to be a person of good fame, and that he hath had good breeding for qualifying him to excerce the trust of a nottar-publick ; and that exact tryall be taken by the ordinary on the bills for the time, and any other of the lords to be appoynted by them (being both mett together), of the person's knowledge and qualifications, conform to the acts of parliament which are in vigour, before he be admitted nottar." It came to be the rule that the certificate thus required should be signed by an advocate and a writer to the signet. The lords examinators reported to the court the result of their personal examination of the applicant, and, if their report was favourable, the court thereupon admitted the notary. These forms coming in time to be found burdensome, the two lords ordinary who acted as lords examinators, made a remit

sref btewart or baillie clerkis of the schyre or ting and conginiitie be formig of sum enident coinoun clerkis of the heid burrowis of yis as charter of waird blenche fewferme burgage realine And haif seruit yame trewlie the full mortificatioun or apprising or of ane precept space of sevm zeiris and reporte y' testimonial! past or of ane reto'' or of clare costat or of ane in- of y' treuth and qualificatiouu to be schawin to feftment of resignatioun in favo'' or ad perpetuS the lordis of counsall in tyme of y'' examinatioun remanetiam or sum instrument of seising, or of qlkis sail tak cair in the same examinatioun be ane contract, a compromit, a procuratorie, a thame selffis or sum of yair awin clerkis or sum tak, a reversioun, acquittance, or sum vy' of the clerkis of the signet quhome yal pleiss cofnoun forme of evident And nsuie to be ad- call to thame for yat effect. And spcalie yai mittit bot be triall and pruif foirsaid. — Ads sail causs the ptie desirous to be admittit noter of Parliament (Thomson, edit. 1814), vol. iii, gif a put and full pruif in yair pfis of his -writ- p. 449,

HISTOEY OP THE SOCIETY Ixv

to two writers to the signet specially named, " to take the try all of the petitioners' qualifications as directed by the ffourty-fifth act of the eleventh parliament of king James the sixth, and to report." This last mode of procedure can be traced back as far as the year 1736 ; and, from 1750 onwards, it has, with the modifications after- mentioned, been followed.

In 1812, the minutes of this society bear that it was "resolved that it would be proper in future to appoint permanent examinators for the trial of applicants for the office of notary public." The change, thus proposed, meeting with the approval of the court, was adopted. Since 1886 the commissioners of the signet appointed to examine intrants to their society have also examined applicants for the office of notary pubhc, and this practice remains in force. By the law agents' act of 1873 any enrolled law agent wishing to become a notary pubUc may apply to the court of session to be admitted a notary, and the court may admit him and grant warrant for his enrolment on his paying the legal stamp-duty.

CHAPTER II.

THE LIBEARY.

The library of the society, generally known as the signet LIBRARY, is not yet a hundred and seventy years old. It at present contains more than 82,000 volumes, and for many years has been growing at the rate of about 1000 volumes annually. The books are arranged in two large halls and in a number of smaller adjoining apartments. In the upper hall (138 feet by 41) are placed works of general Hterature, history, and science, English and foreign. The lower hall, which is used as the pubHc reading-room (104 feet by 41), contains the principal law-books, Scottish and Enghsh, as well as British history, topography and biography, with voyages and travels. Leading from the lower hall, and on the same floor, are the rooms assigned respectively to the deputy keeper of the signet and to the librarian, which, with the west lobby, are filled with books. Above are the commissioners' room and the session paper room, while below, on the basement floor, is a series of apartments known as the fiscal's or map room, the civil law room, and the magazine room, with three others, unnamed, and recently furnished with shelves, — making eleven in all. Law library, The germs of the library were created, on the 1 2th November

1722,^ by an order of the society to the effect that aU the Scots law-books, and the acts of parliament passed before and after the union, should be procured at once, and that to these should be added all future pubhcations of the same kind as they appeared. The collection thus acquired was not a large one. The Scots law-

By a misprint in Mr. Bell's Memorial foundation of the library is dated in 1752 ; and (Jardine's Collection of Signet Papers, vol. i.) the this error has been frequently repeated.

THE LIBRAEY ■^-'^- Ixvii

books then in print did not amount to more than sixty volumes in all. The books were to lie in the Signet Office, then located in Writers' Court. Before many months passed it was found ex- pedient to add sundry works of English law, and accordingly, on 15th July 1723, we find authority given to the treasurer to pay forty shUlings sterling for the following books : CoweU's Latv Dictionary, Jacob's Accomplished Conveyancer, The Grand Pre- cedent by the same author, and a more recent publication, Green- wood on County Courts.

There were at this time no regular funds set apart for the library ; and the treasurer, who was commissioned to make the requisite purchases of books, seems to have assumed some responsi- bility for their safe-keeping. He makes complaint to a general meeting in 1738 that certain volumes wei-e missing, and has inquiries made for their discovery and return. The manner in which the library fund originated is curious. The customaiy entertainments Library fund, given by intrants upon their admission to the society had apparently led to some abuses. The deputy keeper and commissioners, who had previously attempted to suppress these festivities, now (Feb. 3, 1755) imposed a fine upon any intrant who should give an enter- tainment of the sort ; and, furthermore, " in consideration of this expense being saved to the intrants," enacted that each intrant in time to come should pay three guineas to be applied to the pur- chasing of books lor the society, and that any clerk of the society going to such entertainments should pay five guineas, by way of fine, towards the same fund. The result was so far satisfactoiy that, in the following January, the treasurer was able to report that he now held in his hands from this source about twenty-seven guineas, with which he was ready to purchase books.

This original tax of three guineas was, in 1769, raised to £10 ; and in 1778 the payment was so divided that half the sum was paid on entering into indenture and half on admission into the society. In 1787 the whole sum was paid at the date of indenture.

Ixviu THE SOCIETY OF WKITEES TO THE SIGNET

As, for a period of many years from this time the average number

of apprentices was forty, this tax alone produced about £400 a year.

General library, It was not till 1778, when this small law library had been in

1788 •

existence for more than half a century, that the society resolved to form a general library on a large scale, and with this view began to collect the best books in every department of literature. But the need of access to such a collection for the purposes of reference and research had been long felt. In 1740 a proposal had been made that the writers to the signet should be granted all the privileges of the members of the bar with regard to the advocates' library, which, at that time, was making great progress under its energetic keeper and " second founder," Mr. Kuddiman. A committee of members of the society met with the dean of the faculty and some of the leading advocates to make arrangements with this object, and a general meeting of the society, unani- mously approving the scheme, proposed to contribute fifty guineas to the funds of the advocates' library, and to burden each intrant with the payment of 100 merks Scots. The project, however, fell through. First curators. It may be said, therefore, that 1778 was the true date of the

birth of the general library. Two curators, viz., Mr. Samuel Mitchelson, treasurer, and Mr. David Erskine, were appointed, with powers to purchase books. A stamp inscribed with the name of the society was placed upon the books. Important donations were made at various times by members of the society and their friends. Hew Dalrymple, lord Drummore, presented a fine copy of Domes- day, and Henry Dundas, viscount Melville, the lord advocate, procured a copy of the London Gazette to be regularly sent to the library. Mr. Andrew Stuart presented a set of the journals of both houses of parliament, in sixty volumes, folio ; Mr. Archi- bald Campbell of Succoth gave a good collection of the ancient classics. Meanwhile, as the books multiplied, the curators became unable to devote the necessary time to the work assigned to them,

THE LIBEAEY Ixix

or to grapple witli the difficulties arising from want of space. Changes were made from time to time in the number of curators and their mode of election. In 1788 there were five appointed, and in 1792 nine. The books now numbered about 3000, and many were piled on the floor for want of shelf-room. The volumes had been removed from the signet office in 1782 to a new library room. But this room in turn had been filled to overflowing. There was still no regular librarian ; and a special committee, reporting on the state of the library (May 26, 1794), suggests that such an appoint- ment should be deferred until a new library room be procured, and that meantime "the charge of the books should be committed to Mr. John Cameron, who, indeed, for some considerable time, had had the management of them." ^ It is probable that we owe to Mr. Cameron the compilation of the first catalogue of the libraiy, printed at Edinburgh in octavo, 1792.

This catalogue is a rough hand-list hastily drawn up and not free First catalogue. from errors, but it is interesting as presenting a view of the char- acter and contents of the collection at that early date, and indicating the aim which the curators had before them. Mr. Robert Bell, the lectui'er on conveyancing, in a memorial wliich he addressed to the society on the afiairs of the library in 1800, made great complaint of its insufficiency." He was ambitious that it should contain not only the standard works in every branch of study, but all historical muniments which could elucidate the former state of the country and the progress of her laws. He advocated a collection of portraits as well as of manuscripts. In the opinion of Mr. Bell, the collection already made was ill chosen. Yet it will be seen that its foun- dations were, even at this time, laid deeply if not broadly. The deficiency was, indeed, most patent in the department in which,

'■ In 1792 Mr. Cameron was paid £11, lis. " at the rate of £25 a year, afterwards, in 1800, "for trouble." In 1795, notwithstanding the increased to £67.

suggestion of the committee, there is payment - "Memorial relative to the library of the

made to him of " salary as librarian by order, writers to the signet, etc., humbly submitted to

the consideration of the members."

of books.

Ixx THE SOCIETY OF WEITEES TO THE SIGNET

judging from its present state, we should least expect it, viz., in the national literature. The collection The great European collections and works of research were already on the shelves. There were 182 volumes of the Academie des Sciences; 114 of the Acta Eruditorum Lipsice; Muratori's collection of Italian historians; Dom Bouquet's Histoire littercdre de France ; the thirty folios of the Byzantine historians ; the great collections of antiquities by Grsevius, Gronovius and Ugolini, and Gruter's Roman inscriptions. Ecclesiastical history was represented by the annals of Baronius, the works of Beausobre, Basnage, Tille- mont, and Mosheim ; Hebrew literature and criticism by Walton's polyglot, the Gritici Sacri, Surenhusius' Mischna, and the works of Bochart. There were also Kennicott's Hebrew bible, the Codex Alexandrmus of the Greek testament, Origen's Hexapla and the Patres Apostolici of Cotelerius. In French literature there were the works of Montaigne, Corneille, Moli^re, Racine, Voltaire, Rousseau, and Cr^billon ; in Italian, Machiavelli, Metastasio, Tasso, and Dante. But although there were Hebrew, Russian, Spanish and Italian bibles, there was no copy of the English version ; and while English poetry was represented by Milton and Pope, there was no edition of Shakespeare, and, what is perhaps more strange, none of sir David Lindsay, In light literature the society was content with Sterne's Tristram Shandy and his Sentimental Journey. In voyages and travels, now a strong feature of the libraiy, readers were limited to the collections of Hakluyt, Harris, and Provost. The ground-work of the present rich collection of British topography was already laid by the acquisition of some good county histories.

The collection as a whole was certainly miscellaneous, and, while the departments of learning were unequally represented, in none was there an approach to completeness. The works were, however, not ill chosen if regai'ded as specimens of each class — solid blocks of literature placed here and there to mark the line of the foundations upon which it was intended to raise the superstructure.

THE LIBEAEY Ixxi

For a few years longer Mr. Cameron and Mr. Alexander Alison, the assistant clerk to the society, appear to have had charge of the books. The curators took pains to procure suitable additions to the library, but the practical management fell into comparative neglect. In 1804 Mr. George Sandy, who had passed W.S. in 1798, was ap- Mr. George Sandy, pointed one of a committee of four to draw up a report upon the state '''''''"■>*°- of the library. Books, it is said, were found in large numbers not stamped or entered in the catalogue ; and there were masses of books and papers unarranged and unbound, lying in various parts of the house, and several volumes missing altogether. For three months Mr. Sandy assiduously devoted himself to the task of re-arranging the books and restoring the library to its proper condition. An evidence of his industry remains in the inscription Ex lihris hihliothecce scriharum Signeto regio which he wrote in every volume then in possession of the society. He next turned his attention to the catalogue, and in order to remedy the defects in the list of 1792, and to bring it up to date, he undertook the compilation of a catalogue raisonnS, or classified catalogue, on an elaborate scale, not only specifying the titles of aU the separate pieces in the several collections or transactions of societies, but analysing the contents, or giving the heads of chapters, of important works.

This catalogue, though certainly premature, was not without its use, seeing how largely the library at that time consisted of pub- lications of a cyclopaedic and polygraphic character. Mr. Sandy's volume was printed in quarto at the university press in 1805. His preface is dated May 15th of that year; but before the book was issued, the appointment of Mr. Macvey Napier as the official hbrarian Mr. Maovey of the society entirely changed the aspect of aftairs. For the next fi^rlriLx thirty years he was the soul of every enterprise in connection with the library, and to his energy and zeal is in a large measure due the merit of selecting and accumulating whatever is richest and most valuable in the present collection.

Mr. Sandy, shortly after the completion of his catalogue, received

Ixxii THE SOCIETY OF WEITEES TO THE SIGNET

the appointment of secretary to the bank of Scotland, and held that office for about thirty years. The society, however, elected him a curator of the library for life. He was a well-known character in Edinburgh, and his portrait or caricature, with a description of his features and figure, more forcible than flattering, may be seen in Crombie's Modern AtJmiians. Mr. Sandy died in 1853, Library building. But to retum to the history of the buildings. In 1778 when the library, as has been said, first emerged from its chrysalis state, the society was already contemplating the erection of a new hall and library room on ground which was at that time for sale, near the session house, " where the old burgh room stood." The cost of the new ground and building was to have been £3000, and the value of the old signet office was estimated at £200. The society however, after some negotiations, thought fit to abandon the scheme. Yet some increase of accommodation was imperative ; and when, two years later, Mr. Walter Scott, the father of sir Walter, and other influential members once more urged the acquisition of a set of rooms with a hall (35 feet by 22) for the sum of £2000, a large majority was in favour of the proposal. StUl nothing was done, until in 1782 the society was content to purchase the house or flat im- mediately above the signet office in Writers' Court for a hall and hbrary (at £342), adding to it, in the following year, the house im- mediately below, which was purchased from Mr. James Marshall, W.S. An entry from the hall into the exchange was then made. Here was the library room, which contained the 3000 volumes catalogued in the list of 1792, and which the committee of 1794 reported to be " totally inadequate," from the great increase of books lately pur- chased. The hall, too, described as 29 feet by 18, "with a large table in the midst," was said to be not large enough for a fidl meeting of the society, which then numbered about 280 members.

There was now some talk of acquiring part of the pubhc buUdings about to be erected in connection with the parliament house, but the project seenied too remote to be taken into practical consideration.

LOWER HALL

THE LIBEAEY Ixxiii

In the last year of the century a definite proposal was made to purchase the house of Mr. Home Eigg in the Royal Bank Close — a proposal vigorously advocated in the above-mentioned memorial by Mr. Bell, who appends to his paper a plan of the building, with certain alterations intended to adapt it to the needs of the society. This house was to cost £2000. The principal apartment measured no more than 30 feet by 1 8, but there were six other rooms besides one intended for the signet office. Again the projected purchase failed to secure the suffrages of the majority. But, as on the former occasion (1782), the society preferred to enlai-ge its existing premises; and accordingly, in 1807, secured the adjoining house belonging to Mr. Ross for £220, and opened a door between the two houses. This gave the members a room, slightly larger than that in Mr. Home Rigg's house, and a residence for the officer. The new librarian, Mr. Napier, took an active part in the transaction. It was in this same year, 1807, that the curators opened a minute-book of then- proceedings, and the first entries have reference to the necessary alterations for the rearrangement of the books in the new building. The revenue of the library fund was now about £500.

It is noteworthy that just six months after the books were re- New imii and library distributed in their new home, Mr. Napier reported that the time P"i'»'»ent Square. had now come when it appeared desirable for the society to co- operate with other public bodies in the acquisition of the area laid out for buildings in the vicinity of the parliament house. Shortly afterwards we find Mr. Reid, architect, who was empowered to treat with communities desirous of being accommodated in these buildings,^ attending at the request of the library committee to explain the plans he had drawn i;p. The space allotted to the society was on the lower floor of the building, on a level

1 Trustees were named by act of parliament, library for the writera to the signet, "upon

for the purpose of erecting certain public their agreeing to defray a rateable propor-

buildings in immediate connection with the tion of the general expense. " — Report from the

parliament house, and it was proposed to in- library committee, March 7th, 1 809 (Jardine's

elude in the plan of these buildings a hall and Papers, vol. ii.),

k

Ixxiv THE SOCIETY OF WEITEES TO THE SIGNET

with the parliament house — into which there was to be a door opening frora the lobby upon the site of the old goldsmiths' hall — in length 103 feet, in breadth 38, and in height 20. At the ex- tremity of this space and adjoining the signet office — a part of the building for which provision was made in the act — it was proposed to have small rooms opening from the library for committee meetings, etc. The estimate of Mr. Reid, confirmed by an estimate furnished by Mr. Burns on behalf of the society, was £5000. £r . The committee calculated that, after the sale of the premises in Writers' Court, there would probably be a deficiency of £3000, and that the expenses of fitting up the new apartments would amount to £1000 more. On this supposition they proposed to borrow £4000 from the general or poor's fund, and to pay the interest by an annual subscription of one guinea from each member. The scheme was agreed upon at an annual meeting in March 1809. Various modifications of the plan of the building Avere subsequently made (November 1810) in certain details, especially with regard to the arrangement of the rooms at the west end of the library ; and there was considerable delay before the draft contract was completed. From November 1810 to January 1812 nothing was done. The society then called to their assistance Mr. Stark, architect, and instructed him to prepare detailed designs and working plans, to furnish them to Mr. Reid, and to inspect the work from time to time as it proceeded. The building was begun in November 1812 and finished in March 1815. It was then found that there was due to the trustees the sum of £3424, 3s. 7d., in addition to the £5000 of the original estimate. £755, 10s. 3d. was to be paid to architects ; the painting and carpets had cost £1050 ; and a honor- arium of £525 was bestowed upon the librarian, who had through- out superintended the work in all its details. The total cost of the new buildings amounted, therefore, to £10,754, 13s. lOd. The old apartments in Writers' Court sold for £1600. It was now apparent that after the payment of the interest on the debt,

THE LIBEAEY Ixxv

and the salaries and other necessary annual expenses, there would, with the existing sources of income, remain very little for books. The tax on apprentices was accordingly now raised from £20 to £50, which, it was calculated, would amount to, at least, £2000, and would leave for the purchase of books £1286. This sum, adds the committee, "although apparently large, will be found to be not more than adequate for the expenditure necessary for preserving the high character the library has already most justly acquired." *

The books now multiplied rapidly. From 1808 to 1814, in Expenditure the enlarged rooms in Writers' Court, the progress had been steady, °" books. the annual expenditure on books and bindings gradually advancing from £450 to £632. But in 1815 the curators recognised that this was not " nearly adequate to the double purpose of supplying the many deficiencies in useful literature and the new publications of interest." The average expenditure for the next seven years suddenly leapt to £1155 for books alone. In 1823 the sum so spent was £1575, exclusive of £256 for binding ; and in the following year the same accounts amounted to £1994, 12s. 3d. The library also received in 1821 a remarkable donation of Polish literature and works upon Poland, 180 volumes in all, from the count Constantin Zamoyski, in recognition of the courtesy shown by the society in allowing him and his friends the use of the library ; and his generous example was shortly aftei-wards followed by count Sobieski, who presented fifty additional volumes of the same kind. In 1825 it was reckoned that the number of books was five times what it had been in 1805, that is, probably about 30,000 volumes as compared with the 6000 of the former date.

It is not surprising that the society should, by this time, have Acquisition of again felt the pressure of want of space. The apartment hitherto ^ ""^^^ used as a lecture room in the basement was in 1825 appropriated for books. In the following year, Mr. Napier reported that further

' "E«port from the committee respecting the new hall and library, 24th November 1815."— Jardine's Collection, vol. ii. No. 20.

Ixxvi THE SOCIETY OF WEITEKS tO THE SIGNET?

accommodation had been gained by the removal of the business of the signet office to the general register house, and he was looking forward with much satisfaction to the possession of "the noble library room lately purchased from the faculty of advocates." The room or hall referred to, occupying the floor above the signet library, formed part of the advocates' library. It was purchased by the society for the sum of £12,000 in 1826, but for a few years more the faculty of advocates retained the use of the room, paying rent to the society. In 1826, also, certain alterations were made in the lower floor or basement, and a sunk area was formed on the north side of the library. In 1829, Ave find Mr. Napier requiring the assistance of two sub-librarians, for (he reported), "besides the large room or hall, there are at present five apartments, one of very considerable dimensions, nearly filled with books, all of which apartments have been brought into use within the last few years. Two assistants will at least be necessaiy, even if not a third, when the upper hall comes into vise."

Regulations for the management of the library, substantially those now in force, were at this date (1826) printed, and the librarian was instructed, that it was his duty " to attend to the selection and purchase of books, not merely the publications of the day, but all the works in the various departments of learn- ing, ancient and modem, proper for the formation of a general library on an extensive scale." As an example of the liberal manner in which this principle was put in practice, it may be noticed that in 1832, at a meeting of the curators, it was on the suggestion of the librarian, unanimously resolved to purchase the Cabinet die Roi for £120, and ffumholdt's Voyages for £160.

At last in 1833 access was obtained to the upper hall. Thirteen thousand volumes were removed to this hall. Alterations were made in the staircase leading to it, and a new communication effected with the basement floor from the east end.

About this time (1834-6), a number of portraits of eminent

Ol Q.

3

THE LIBRARY

Ixxvii

members of the college of justice were acquired by or presented to the society, and hung upon the walls of the staircase and lobby leading to the new hall.^

The architectural features of the two halls and the rich display Dr. Dibdin's of literary treasures within them are described by Dr. Dibdin, who theHbra^in visited Edinburgh in 1837. This enthusiastic bibliographer and 1837. antiquary in characteristic language thus records his impressions on passing from the adjoining library of the faculty of advocates : —

" We put on our hats, and it is scarcely more than a hundred paces to the neighbouring Paralii0e of 3Boke0 called the signet - LIBRARY. It is like ' the purple light ' of Virgil's Elysian fields, after the combined darkness and narrow limits from which we have just emerged. The site as well as the approaches to the library are everything we can wish them to be. Spacious, ornamental, commodious, and replenished thickly with goodly and gorgeous tomes, the whole has an absolutely palatial air. Grandees with fur cloaks should be the inmates. But let it not be supposed that the humblest aspirant may not obtain the volume of which he is in need, and that this interior is not frequented by students, artists, and readers of every grade and description.

' Among these were a portrait of Hew Dal- ryinple, lord Drummore (d. 175o), painted by the younger Medina, and presented by Robert Henzies, W.S. ; another of Patrick Grant, lord Elchies (d. 1754), painted by Allan Ramsay, and presented by Richard Mackenzie of Dolphin - ton, deputy keeper, and a portrait of sir James Stewart of Goodtrees, bart., lord advocate in the reigns of William and Anne, presented by Mr. John Parker, S.S.C. A little later Mr. David Laing presented a portrait of Andrew Fletcher of Milton, lord justice-clerk and keeper of the signet, painted by Allan Ramsay. The lords justice-general Hope and Boyle, at the request of the society, sat for their portraits, which were painted by sir John Watson Gordon ; and in 1855 the society purchased the portrait of •Tames Anderson, W. S. , the author of Diplomala et Numiamala Scotict (d. 172S), by John Vande-

brank. A portrait of Thomas Hay of Hnnting- <l(m, keeper of the signet (d. 1755), Wiis pre- sented by his granddaughter, Miss Hay. Two notable Raeburns also now hang on the walls — David Hume, professor of Scots law in the university of Edinburgh, afterwards one of the barons of exchequer (d. 1838), and Robert Blair of Avonton, lord justice-general, painted in 1811. The portrait of George Dallas, W.S., author of the 8y stem of Styles (\GiS>l) was copied from the original, in the possession of his great- grandson WiUiam Dallas, W.S., painted by air John Medina. Mr. James T. Gibson Craig, W.S., presented the portrait of his father sir James Gibson Craig of Riccarton (d. 1850), and a bust of him by Thomas Campbell. There is also in the lobby a marble bust, by the same sculptor, of Colin Mackenzie of Portmore, deputy keeper, who died in 1832.

Ixxviii THE SOCIETY OF WKITEES TO THE SIGNET

" One man is climbing the heights of Chimborazo in a marvel- lously fine set of Humboldt's travels : another is measuring a portion of the Coliseum in a set of Firanesi's works, of equal splendour and perfection : a third is lost in astonishment at the wild gambols of some savages in a proof impression of one of the plates of Be Bnj : a fourth is mounting a pyramid in Denon's Egypt : while yonder is an active group busied in gazing upon the statues of the Florentine and Clementine museums. Apart sits a solemn student, extracting from the lore of the Acta Sanctorum, in a copy of that work which had been Meerman's, and which, as far as my own experience goes, is unrivalled for ligature and condition. And then such a beautiful set of Plcart ! But this is highly irregular. My good friend, the newly appointed librarian of this collection, Mr. David Laing, stands on the landing-place of the upper room to receive me. I had first, however, surveyed the lower room. Each room is 120 feet in length ;^ and enfiladed — especially in the lower one — by two such long rows of Doric columns, so closely communi- cating with each other, that the effect is most singular — and certainly not in the best taste. You would fancy in a little time, that these pillars would leave their resting-places, and go down a country dance with their opposite neighbours. The upper room is as thickly studded with pillars as the lower ; but they are less heavy, and fluted — of the Ionic order.^ The whole effect of this upper room is exceedingly beautiful as well as novel : while the central cupola, filled with an allegorical painting by Stothard,^ adds to the lightsomeness and splendour of the interior. My last visit to

' The more correct measurements have been traits of orators, poets, historians and philo-

given above, p. Ixxi. sophers. Opposite Apollo is Demosthenes with

* Rather, of the Corinthian order. Cicero on his right, and Herodotus and Livy

' This painting was begun by Stotliard on his left. The modern historians and philoso-

June 4th, and finished August 1st, 1S22, when phers are Hume, Robertson, Gibbon, Sir Isaac

the hall was in the possession of the advocates. Newton, Lord Bacon, Napier of Merchiston,

This design, which Mrs. Bray {Life of Thomas and Adam Smith. In the group of poets

Stothard, p. 166), describes as " a splendid Homer occupies the centre, with Shakesi>eare

monument of his genius," represents Apollo and and Burns on his right, and Milton and Virgil

the Muses in the centre, surrounded by por- on his left.

rrr-'j-yrc,, rrrrr r THE LIBRARY -Trfrnt)" m? r ixxix

this interior was in company with Macvey Napier, Esq., the late librarian ; who kindly devoted the better part of an hour to give me a precis of its contents. The plan is admirable. No pains have been spared to render this fine collection of books of real service to the studious. Long sets of the most costly volumes — such as are beyond the means of ordinary private purses to procure — are here duly arranged — to captivate the eye and warm the heart of the tasteful. A spirit of liberality has been evinced, such as I find nowhere to the south ; and if Edinburgh produce not a genuine breed of all that is good and gracious in boke=lore, the fault must not be laid at the doors of those to whom this magnificent and richly furnished library is intrusted.

"In the whole, there may be (as was stated to me) 40,000 volumes in this collection. The materiel — as I chuse to designate it — is admirable. Below, there are abundant small rooms for maps, journals, and periodicals. Here business is done. Above, the fruits of that business palpably appear. When George iv. visited Edin- burgh, he was, as he well might be, struck and delighted with the beauty of the upper library. It will always have pleasing re- miniscences for me : for a more friendly and gratifying hour was never spent in any library, than that which I spent here in com- pany with its late distinguished librarian."

In 1837 Mr. Macvey Napier, having been appointed one of Mr. Napier's the principal clerks of session, resigned the office of librarian. In «°'^''^^i'»^™«'"'- a letter conveying his resignation to the curators, dated April 12th, he wrote : —

" I found it a small, yet viewed with reference to its contents a valuable, collection, for it had been formed chiefly by three mem- bers of the body possessing great zeal and intelligence, and no inconsiderable literary attainments and reputation, viz., Mr. John Davidson, Mr. William Tytler, and Mr. David Erskine. It has been

^^ A Bibliographical, Antiquarian, a7id Pictur- and Scotland, by Thomas F. Dibdia, DJ), etqueTour in the Northern Counties of England (Lond. : 1838), vol. iL p. 600. ^^^ >' '

Ixxx THE SOCIETY OF WEITERS TO THE SIGNET

by following their example, in procuring books, the possession of which imparts lustre to a library, and in filling up systematically the blanks in those departments more specially interesting to a society like ours — an object which the ample funds, for many years placed at my disposal, enabled me to accomplish — that I now leave it one of the choicest and most valuable repositories of learning this part of the island possesses. No one can ever again witness or aid such changes in its progress as have occurred during the last thirty years — changes which, from an obscure, murky and dangerous neighbourhood, have placed it prominently in the public eye, in apartments every way worthy of a great society, and which form one of the ornaments of this beautiful city."

Mr. Napier left the library with a little less than half its present number of volumes. His extensive knowledge of books, which the variety of his own literary pursuits compelled him to keep well up to date, admirably fitted him for the selection of the best works on every requisite subject. In the year of his appoint- ment as librarian, he wrote his first article in the Edinburgh Review, of Avhich in 1829, and thenceforward during its most flourishing period, he was the editor. He was also the editor of the supplement to the EncyclopcBdia Britannica, published in six volumes in 1824, and of the seventh edition, in twenty-one volumes, which first went to press in 1830. In 1816, he was made lecturer on conveyancing to the society, and continued to hold the same office when in 1824 it was converted into a professorship at the university. He died in 1846. Mr. Da\'id Laing, Mr. David Laing was elected Mr. Napier's successor as libra-

1 ranan, . ^.^^ June 21, 1837. This illustrious scholar, who lived to edit some eighty separate works of Scottish literature and history, and obtained a European reputation as the facile princeps of Scottish antiquaries, was, when quite in his youth and acting as assistant to his father, William Laing, the Edinburgh bookseller — already recog- nised as a most genuine specimen of the old-fashioned bibliopole,

THE LIBEAKY Ixxxi

possessing " a truly wonderful degree of skill and knowledge in almost all departments of bibliography." In 1818, when in his twenty-fifth year, he was one of the candidates for the keepership of the advocates' library. In 1823, on the institution of the Banna- tyne club, under the presidency of his friend sir Walter Scott, he was installed as its secretary, a post which he occupied until the dissolution of the club. In 1824, he was elected a fellow of the society of antiquaries, for which he acted for many years as foreign secretary ; and there was scarcely a volume of the Transactions to which he was not in some measure a contributor. The testi- monials which Mr. Laing brought in support of his candidature for the signet library were furnished to him by some twenty of the most eminent men of letters in England and Scotland. " Upon the strength of such testimonials," exclaimed Dr. Dibdin, " he ought to continue librarian for the next centviry." He in fact did so continue for forty -one years.

Unfortunately, just at the moment of Mr. Laing's appointment, Depression the funds of the society were suffering from an unwonted depres- °^ ^""''^' sion ; and for the next ten years or more, the increase of the library was by no means on a par with that in the preceding twenty. In 1857, a further restriction in the purchase of books was found to be necessary. The sum allowed for that purpose was, indeed, in one year reduced to £150. It is not therefore surprising that, a few years later, the librarian was compelled to report that the library was "falling into arrears in aU departments of literature except perhaps that of law." The funds, however, before long recovered their normal condition, but the society thought fit to continue for many years a certain restriction upon the expenditure in order to form a reserve fund. Thus from 1867 to 1877, the annual amount spent on books and binding averaged no more than £298; whereas the average for the ten years 1823-1833 was £1500, reaching on one occasion a total of £4044. Yet, notwith- standing the comparative smallness of the sum at his disposal,

I

Ixxxii THE SOCIETY OF WEITEES TO THE SIGNET

Mr. Laing's unrivalled knowledge of books, especially of such as were connected with the national history and literature, enabled him, at a time when bargains could be made more easily than now, to acquire for the library many rare and precious volumes. Meanwhile, many improvements were effected in the library in other directions. Catalogues The curators attached great importance to the possession of

of library. complete and accessible catalogues. On Mr. Napier's accession to the office of librarian, the only available catalogue was the some- what impracticable classified catalogue of Mr. Sandy, already described. During the period of the rapid increase of books which , followed, the curators were content to print a succession of supple- ments to this catalogue. The first of these appeared in 1820, con- taining the increase of ten years, arranged alphabetically according to authors in the ordinary manner. Six years later (1826) appeared another supplement equal in bulk to the former. In 1833 Mr, Sandy's thick quarto volume was recast with an alphabetical arrange- ment, and reduced in size, in uniformity with the supplements, and entitled part i. In the same year a third supplement, or part iv., was printed, comprising the additions since 1826. Thus the entire catalogue was made up of four equal divisions, running through four separate alphabets. To mitigate this obvious inconvenience an index to the whole was immediately projected by Mr. Shiells, one of the assistant librarians ; but this was not completed and printed until 1837, shortly after Mr. Napier's resignation. This index, occupying 282 pages quarto in double columns, though primarily occasioned by the accident of the quadruple form of the general catalogue, was, in fact, an elaborate subject-index on a scale seldom before attempted, and it proved to be of the greatest practical value long after the general or authors' catalogue, to which it was appended, had ceased to be in common use.

No new catalogues were attempted for more than twenty years. But in 1849 the society authorised a grant of £150 a year towards the expenses of preparing and printing a new general catalogue.

■-/ ,■ 1».-

THE LIBKAEY Ixxxui

This was completed in manuscript, occupying fifteen folio volumes, by the end of 1855. In the meanwhile there was a project of printing a series of classified catalogues of the libraiy in sections. Mr, William Ivory, W.S., undertook the department of law, Mr. Andrew Murray, W.S., was to compile a catalogue of the works on natural history and science, and Mr. Laing was himself engaged upon the class of British antiquities and topography. Mr. Ivory's labours alone issued in a successful result. On his recommendation the collection of civil law and foreign jurisprudence was very much enlarged, and his classified catalogue, enriched with historical and critical notes, was fairly adjudged to be the best arranged law catalogue then in existence. It was now resolved to print the general or authors' catalogue. The first sheets were sent to the press in 1865, and the first volume (A — L) was completed and circulated in 1871. Before the printing of the second volume had advanced further than the letter N, Mr. Laing died, October 18, 1878.

The present librarian, Mr. Thomas Graves Law was elected Mr. T. G. Law, March 24, 1879. The curators took the opportunity of his appoint- "^'■*"^"- ment to reaffirm the prmciple laid down in 1853, that "the funds of the society should be applied to procuring such books as are absolutely necessary for a public library, such as systematic treatises useful for reference and consultation, and particularly those books on history, philosophy, the arts and sciences, of an expensive descrip- tion, which are not generally to be found in private libraries." Instructions were also given to the librarian that the blanks which had occurred in these departments, owing to the recent limitation of the funds, should be gradually and systematically filled up.

Over 1800 volumes lying unbound were sent to the binder. The general catalogue was then proceeded with. The second volume, with a supplement, was issued early in 1883. Meanwhile, an in- ventory or shelf list was taken of all the books as they stood in their presses, and a slip catalogue made of a collection of 20,000

Ixxxiv THE SOCIETY OF WRITERS TO THE SIGNET

pamphlets, which, on Mr. Laiiig's plan, had not been entered in the general catalogue ; and finally, a subject-index was compiled on the lines of Mr. Shiells' index of 1837. This index is now passing through the press, and when issued will be accompanied by a second supplement containing the accessions to the library since 1882. Comparative The library which has thus grown up out of the resolution of

signet library, the Society in 1778, and which now takes rank with the chief public libraries of the United Kingdom, is yet essentially a private library. It is spoken of as a public library, only inasmuch as the society has at all times offered to strangers every reasonable access to its treasures. A view of its relation to other institutions of the kind may therefore be of interest. In Scotland it is surpassed in size and value by only five libraries, viz., those of the faculty of advocates and the four universities. These ancient fovmdations have had the privilege and advantage derived from the copy- right act, which entitled them to receive without payment copies of every book entered at Stationers' -hall ; and the universities which no longer possess this right have had it commuted for an annual grant of money from the public funds. The signet library, again, is outnumbered in volumes by, perhaps, a dozen libraries in London, by two in Cambridge, by the Bodleian in Oxford, and by Trinity CoUege library in Dublin. But outside of London and the imi- versities, it is surpassed only by the new free libraries, supported by the rates, in such large towns as Liverpool, Manchester, Birmingham, Leeds, and possibly Sheffield and Salford. But, on the other hand, the signet library, although it has had from time to time some valu- able gifts from authors, editors, or private friends, has never received a single grant of money or books from public sources. It possesses no endowment. It has been raised from first to last without any extraneous aid, by the annual income of the society, the fees of intrants, and the contributions of members. It may be safely said that no other professional community — whether legal, medical, or ecclesiastical — no scientific academy or society, in the whole of the

THE LIBEARY bcxxv

United Kingdom can point to a collection of equal dimensions foimed by similar means.

The story of the library thus far may be said to end, as it began, with the struggles of its curators to provide room for its healthy and inevitable growth. A library which ceases to grow soon becomes a collection of curiosities, interesting mainly to the antiquary. Old books are useful and profitable in proportion as they can be brought into contact with the newest and freshest. During the last ten years room has had to be found for as many thousands of volumes, while vacant corners and cellars in the basement, for lack of better accommodation, have been fitted up with shelves for their recep- tion. But, as the laudable ambition and enterprise which have founded and enriched the collection show no sign of abatement, the signet library has yet a promising future, and this brief sketch tells but the first chapter of its history.

CHAPTER III.

THE FINANCES.

The materials for the financial history of the society before the close of the last century are comparatively meagre and intermittent. The accounts of the treasurers of a date earlier than 1793 have not been preserved, and prior to that time the facts have to be gathered from information incidentally supplied in the minutes.

Sources of For more than a hundred years after the commencement of the

existing minutes (1594), the society possessed neither library nor house ; and the calls upon its funds appear to have been almost exclusively in aid of indigent and infirm members, or the widows of members. A main source of the income of those days arose from

Fines. the fines levied upon members for transgressions of the rules of the

brotherhood. Some of these fines have been already referred to in the first chapter.^ Thus, a fine of forty shillings was exacted from all members who neglected to attend meetings of the society when called upon to do so by the officer, and the money in this case, as in other instances, is expressly set apart ad pios usus.^ There was a fine of ten shillings imposed, in January 1606, for not delivering " ane copie of their servandis and prenteis hand writtis." The sum of five pounds was to be paid by any writer found drinking in taverns in time of session. It was in 1647 that the noteworthy rule was made, imposing a fine of 12s. upon any writer who should absent himself from the burial of another member, his wife or children. In 1610 George Mak was appointed to pass through the brethren's booths " and tak tryall quhat enormities and contraventionis are committed against the actis, and to report monthly, under the pain of 40s. each month."

' Supra, p. xxiv. ' Abstract of minutes, jj{/V«, p. 230 ; compare pp. 244, 247, 254, 270, 277.

THE FINANCES Ixxxvii

Other sums were derived from the dues paid by apprentices and Dues of appren- intrants. These payments varied in amount from time to time." intrants. On 23d June 1628 John Tais was bound for three years and paid " an angeL" There are entries of payments for apprentices of £3 : 6 : 8 each, in the same year; and of ten merks in 1642, 1649, and 1658. In 1656 it was resolved that each writer should on his admission pay ten merks. This sum was in the following year raised to twenty merks, and in 1671 each intrant had to pay "fourtie merks Scots money to the poores box and twentie merks to the clerk."

It is obvious that the sums accumulated from such sources at this period can never have been large. In 1594, as we have already seen,^ the number of members was expressly restricted to 24 ; and half a century later, during the Protectorate, it was similarly limited to 36. After that date, indeed, as the keeper in a memorial addressed to the secretaries of state, complained, the society increased "immoderately," so that in 1731 their number had reached 110 ; but the increase was "to the great loss of the whole body, for half the members could not possibly live upon their incomes, and hence a larger proportion of aged and infirm brethren was brought to depend upon the society's funds for maintenance." *

The " poores box " above mentioned is frequently referred to in Box for funds, the minutes, and was treated with some formality. This box was in the hands of the clerk, and was used for keeping the funds as well as the securities for money lent, at least up to 1692. Thus, on the 3d December 1616,* the application of Andro Hamilton "for some help and supplie to his grite necessitie, and as he that sumtyme had servit sum of the brethren," was read and considered, and the whole brethren voted twenty pounds " out of certane money that wes in ane box of tymmer of thairs in the handis of Thomas M'Aulay thair clerk, upon condition that the said Andrew should not trouble the members with " ony forder sute in tyme cuming " ;

1 Infra, pp. 246, 252, 253, 256, 269, 272, 277, 281. 313, 329, 330, 334, 366, 370.

2 Suyra, p. xxii. > Infra, pp. 289-392. * Infra, p. 250.

Ixxxviii THE SOCIETY OF WRITERS TO THE SIGNET

Appointment of a treasurer.

Auditors.

and upon a similar application made in August 1618 by Mr. Adam Hall, who had been some time " ane advocat and sua ane brother," the Commissioners agreed to give him £20, " as the rest of sum money in ane tymmer box." In 1627 there was apparently need of another box, for on the 24th December in that year it was agreed "to have a box for the fines and unlaws "with two keys, one to be held by the keeper of the register and the other by Robert Alschinder, keeper of the signet ; " and in June following there is record of "20 merks debursit for making of the box." On the same day, in presence of the commissioners the " unlaws " of George Haliburton, Robert Wallace, and David Crichton, amounting to £9, 16s., were put in the box.

It was not until 1656 that a treasurer was annually appointed " for keeping the box and employing the money on sufficient security in his own name for the weill of the body." The president now held one key, and the treasurer the other ; while the box was to be opened and the money employed only by the advice of the conunis- sioners. The treasurer soon needed yet another box, and one of a more expensive character, for he reports in 1667 that he " had bocht ane box with locks and bands for the use of the calhng at the sight of the keeper of his majesties signet, and that he had payde therefoire fourtie-two pounds two shillings." '

Committees were from time to time appointed as auditors to " sicht the box," or to " take tryall of the box and conditions thairof and bandis and assignatiounis thairin contenit, and to report to the bretherne." One such committee reports (January 9, 1647) that it finds, with various securities, an assignation by the late Thomas M'Awlay to the brethren of a bond of 1000 merks granted to him by the laird of Kilspindie, "bot findis not the bande." They find other assignations, one of 500 merks and another of 350, but in each case " missis the band." The bonds, however,

1 This is probably the box which is still pre- served in the library, and which is figured «i,t the end of this section. In an abstract

of accounts there appears an entry, " Old boxes sold, £9, 2s. 6d,"

TaKDT-:? WR" THE FINANCES Ixxxix

were ultimately recovered. The committee find no money in the box save two new dollars and some notes, whereof £89 Scots are bestowed " on pious uses."

On April 30th, 1683, a repoi't upon James Allan's accounts shows charge and ready money £738, 13s. 4d, discharge £725, 6s. 8d. ; "the balance due by the compter £13, 6s. 8d." On March 14th, 1688, the auditors find that there is due to the society, of good debts £6231, 17s. 2d. (Scots), and of bad debts £1614, 5s. The yearly pension to the poor, servants' fees, and occasional charitable supplies, are stated at £677.

In August 1695 the society took an important step which marks Acquisition of a new departure in its financial as well as in its social history. The *'^^* °®°^' increase in the number of pensioners required an augmentation of the funds for their relief. A previous act exacting payment from members of £3 annually for this purpose had proved for the most part ineffectual. It was now proposed that the society should pur- chase a house to serve as signet office and place of meeting. The price of this house was to be contributed "out of the wryters their own private pockets" and every writer was to give at least 100 merks in lieu of the aforesaid annual subscription of £3 ; or, other- wise he and his posterity were to be " for ever excluded the benefite of the poore box, except such as shall be excused by the body of the writers ; and in case this sum should fall short of the price of the house, the present stock of the poor be made use of to supply what shall be wanting." The annual rent of the house was to be paid into the poor's fund. There was said to be a building "by Robert i

Milne of Alexander Crombie's land," where a convenient house of the kind might be secured, and it was agreed to convene a general meeting the next day in the parliament house to consider the motion.

Accordingly, on August 15th, 1695, a committee was appointed to meet with Robert Mylne and Patrick Steele, to treat with them anent the purchase of the house. Finally the house in question was acquired for the sum of 5500 merks ; and the keeper, commissioners,

111

xc

THE SOCIETY OF WEITEKS TO THE SIGNET

Grants of pensions.

Library fund.

and writers approving of the transaction {June 1696), appoint the contributions to be paid to the treasurer before Candlemas next, and determine^ that those who do not contribute shall continue to pay the previous tax of £3 annually and have their letters stopped vuitil their bygone dues are paid. The commissioners now let to the keeper this same "lodging with its cellars and garrets" for the current year at 300 merks, seeing that the house is not fully furnished, and for subsequent years at a rent of £20 sterling. In the same year (1696) John M'Farlane, the treasurer, reports that the stock belonging to the calling extends to "about twelve thousand merks or thereby, by and attour the pryce of the lodgings lately bought by them."

In 1706 the pensions granted by the society are stated at £699 (omitting shillings and pence). In 1711 the treasurer is ordered to pay "the new establishment of pensions," £943. The distribution to the poor in 1738 is set down at £850 ; in 1742 at £950 ; in 1744 at £1416 ; in the following year at £1404; whUe in 1746 it had fallen to £1176 Scots. On 27th December 1759 it was agreed to augment the pensions to widows to £12 sterling each, and on 8th March 1765 they were advanced to £20 sterling ; but it does not appear how many widows were then on the roll.

While, however, the funds of the society were hitherto mainly devoted to the relief of poor members and their families, means had been found to contribute largely, as has been stated,^ to other benevolent and patriotic objects.

Meanwhile, a new and heavy demand upon the resources of the society arose from the establishment of the library, of which an account is given in the preceding chapter. It was soon found necessary to institute a separate library fund, supported mainly by payments exacted from apprentices and intrants. The entrance fee of writers had in 1736 been fixed at 500 merks. In 1755 it was resolved that each intrant should pay three guineas towards the

liv, Iv, Ivi.

THE FINANCES xci

purchase of books, and in 1769 this tax was raised to £20 sterHng. In 1779 apprentices paid £5 to the library in part payment of the £10 to be paid by intrants.

The end of the eighteenth century found the society still occu- pymg a comparatively small house (notwithstanding sundry addi- tions made to the original lodging acquired in 1696), and possessmg a library of little more than 3000 volumes, in Writers' Court. The funds of the society had, however, considerably increased, and from 1792 we have full information regai'ding its financial transactions in the occasional abstracts and reports printed by order.*

For example, we find that in this year 1792 the society possessed Fuuda in 1792. from the poor's fund an income of £825. Thus : Money lent on securities to the amount of

£9921 bore as interest, .... £494 14 8

An annuity payable by the trustees of

John Strachan of Craigcrook," . . . 5 110 The rent of the signet office, . . . 20 0 0 Rent of a house in Gavin! och's land belong- ing to the society, 14 0 0

Carryforward, £534 5 8

' They will be found in the collection of signet Report of committee on the funds of the

papers formed by sir Henry Jardine and others, society (1830), with appendix on the state of

and now preserved in the library. See : — the income and expenditure of the general fund.

Abstract of funds of the society of writers to 1823-1829 (Jardine, iv.). the signet, for ten years from 1st January 1792 to Abstract of accounts, December 1829-Deoem-

1st January 1802 (Jardine's Collection, vol. i.). ber 1833 (Jardine, iv.).

Report from the committee respecting the r ^ of the committee on funds, 21st Jan- new hall and hbrary, 24th November 1815. jgae (Jardine, iv.).

Supplementary report, 5th December 1815 „ ^ i, . , r ^i • ^ j t ...

(Jardine vol ii ) Report on the funds of the society and of the

Report of ihe committee on the new hall and "°"*^i^*?" *° *^ '^'^'"'^' ^"°'^' •^'""' "^'^

library, 1st February 1816. ^^ {3>^Tdme, iV. ).

Abstract of the accounts of the intromissions Extract from minutes of the meeting of the

of the late Richard Hotchkiss, ex-treasurer, unitedcommittees on funds and the library, with

etc., with library fund of the society, and view memorials ■^^ queries for the treasurer of the

of the tangible fund of the library, 1806-1826 society, 6th February 1824 (folio collection).

(Jardine, iii.). Report of the curators of the library and corn- Abstract of accounts of the intromissions mittee on funds, 1857 (Reports, 8vo collection).

of Richard Mackenzie, treasurer, 1826-1829

(Jardine, iii.). » See supra, p. Iviii.

xcii THE SOCIETY OE WRITEES TO THE SIGNET

Brought forward, Dividends from Edinburgh friendly insur- ance company on the society's property, insured on the old plan, .... Dues from eight intrants at £27, 15s. 7d., . „ forty-foul- indentures at £1, ,, eighteen clerks entered at the signet office, who had not paid before as apprentices,

The Expenditure included Salary of treasurer, „ liis clerks, Society's exti-actor, Officer, Hall-keeper, Fees to officers, . Interest to Aberdour hospital, Pension to three brethren at £30, Three-fourths of another. Pensions to nine widows at £25, . Allowance to families and relations per

warrant, . Miscellaneous articles,

£534

5

8

6

19

H

222

4

8

44

0

0

18 0 0

£825 9 8^

£5 0 0

10 10 0

15 0 0

10 0 0

4 0 0

18 15 4

20 0 0

90 0 0

22 10 0

225 0 0

414 0 0

15 11 0

£857 6 5

The amount of library fund at same date was, £1363, 2s. 3|d. The Income consisted of —

Dues paid by eight intrants at £5, . . £40 0

Dues paid by forty-three apprentices, at £10, 430 0

Interest, 10 18

0 0

H

£480 18 li

THE FINANCES if* xciii

The discharge consisted of cash paid for books, etc., £230, 8s. 5d.

A notable event in connection with the financial history of the The new library society was the arrangement made in 1809 by which the society parii^ent" agreed to erect, in the ParUament Square, the present lower hall Square. and adjoining apartments on the same floor, for the estimated sum of £5000. To raise the money it was resolved to sell the old tenement (which was eventually done for £1600) and to borrow the remainder from the poor's or general fund. The interest of the sum so borrowed was paid, as before mentioned, by an annual contribution of one guinea from each member.^

The new buildings were not completed tUl 1815, when the actual expenditure had so far exceeded the estimated cost as to amount to not less than £12,000.

A committee appointed to consider the state of the finances reported, in November 1815, that the existing revenue applicable to the support of the library at this time arose from the £20 fee paid by apprentices, from the annual tax of a guinea which gave £300, and from the tax on precepts passing the signet,^ which averaged £60. The apprentice sum payable was now raised from £20 to £50. There had been on an average, during the preceding six years, forty -five apprentices admitted annually. The committee, assuming that there would be at least forty in futxire years, set down £2000 a year as a moderate estimate of the income to be expected from this source alone. The expenditure upon books had been in 1809, £450, and in 1814, £682. It was hoped that

1 See supra, p. Ixxiv. vocation, and five shillings upon each signature

' The first recorded instance in the minutes passing the signet." But as the buUding con-

of the society exercising the right of levying templated was not proceeded with, probably the

extra dues or taxes on letters passing the signet tax at the signet was not levied. In the " act

was on 12th February 1753, in reference to a anent the future management of the society's

proposal to erect offices for the custom house stock, 16th January 1744 " {Jardi7ie Papers,

and clerks of session, in which the society was vol. i.), the keeper and commissioners state that

to have a hall rent free. It was unanimously " a considerable part of the present public stock

agreed to contribute 500 guineas towards the and fund have arisen from a voluntary tax im-

expense and to raise the amount "by a tax posed by a general meeting of the whole body

at the signet of one penny sterling upon each on letters and others passing the signet, which

homing, sixpence upon each suspension or ad- tax still subsists."

XCIV

THE SOCIETY OF WEITERS TO THE SIGNET

Financial difficulties.

Further difficulties.

the increased revenues would admit of an additional expenditure of £300.

Before, however, many years had passed the society found itself in the presence of serious difficulties. The pressure upon both the poor's fund and the library fund was more than these could well support. The act of parliament, instituting the widows' scheme, required payment from the society of the sum of one pound for each contributor to the scheme. This annual charge in 1804 amoTuited to £200, but in 1829 it had risen to £581, whUe the total amount paid from the commencement to 1830 was £9000. More- over, notwithstanding these contributions to the widows' fund, large sums continued to be awarded by the society to deserving works of charity both within and without the brotherhood. Thus in the six years from 1806 to 1813, while the annual contribution to the widows' scheme amounted to £1715, the pensions granted reached a total of £1698, and gratuities awarded by warrants of the committee reached a further sum of £1336. Yet in 1812 the society gave £200 towards the charity workhouse, and in 1824 the sum of £273 to the rehef of sufferers from the fire which took place in the Parliament Square on November 16th of that year. In 1832 an- other sum of £315 was contributed towards the charity workhouse.

On the other hand, with regard to the library fund, the mcrease of books involved increase of accommodation, and in 1828 it was agreed to purchase from the faculty of advocates the upper hall for the sum of £12,000.^ Necessary alterations in the staircase and in the area of the buildings about the same time brought up the total to £14,616. In addition to this large expenditure there fell upon the society in 1834 a loss of £1545 by a failure of bankers.

It should be mentioned that meanwhile the interest due from the library to the poor's fund was, in 1824, £548, 7s. Id. The number of members liable to the annual subscription of a guinea towards its payment was 443, and this left the debt £80 in excess

' See supra, p. Ixxvi.

T;r"if;; THE FINANCES xcv

of the contribution. Another change was, in consequence, made in the mode of raising the requisite sum. Intrants henceforth were to pay on admission, in lieu of the annual guinea, £10, and apprentices £10 on entering into indenture, while existing members liable to the tax were invited to commute it for £5, 5s.

Before matters had come to the worst, a special committee. Recommendation in 1830, had recommended an addition of £30 to be made to the fee I'.fnds""'"*^ "" of apprentices, and £22, 4s. 5d. be added to the payments made by intrants. These augmentations, which were approved by the society, brought the total of dues payable by intrants to £60, at which they still remain. The dues from apprentices were once more raised in 1842, when they became what they now are, £131, Is. The com- mittee of 1830 calculated that the additions recommended by them " would yield a total increase in the annual income of the society of £1133, 8s., and that there would be an annual surplus of about £800." The committee at the same time urged the amalgamation of the poor and library funds, the separation of which had caused complication and inconvenience. The union of the two funds was carried out in 1834.

Nevertheless the sanguine expectations of 1830 were not realised. In 1835 the ordinary funds were unable to meet the demands for the annual contribution to the widows' fund, being £672 ; and, as the result of a petition from the collector of that fund, parliament (6 Will. IV. c. 22) relieved the society from the burden, which in another form was placed upon the apprentices. There was still no sufficient revenue independently of the dues from apprentices and intrants, and these dues, the annual total of which had always been subject to embarrassing fluctuations, now unfortunately underwent for a series of years a considerable diminution. In the six years 1824- 1829 there had been 261 apprentices indentured and 219 intrants. In the six years from 1838 to 1843 there were on the other hand no more than 58 new apprentices and 44 intrants. In the ten years from 1824 to 1833 the receipts from their dues respectively amounted to

xcvi THE SOCIETY OF WEITEES TO THE SIGNET

Increase of intrants.

Financial improvement.

£41,522. In the ten years from 1838 to 1847 they had dropped to £15,269. Finally, in the three years 1855-7, there was an excess of expenditure over income to the amount of £2320 ; and now, once more (1857) a special committee was appointed to consider and advise upon the state of affairs.^ The extreme measure of cutting down the expenditure on books to £150 a year was resorted to with reluctance, and on all sides the most rigid economy was practised. There was a deficit in 1859, again in 1860, and for the last time in 1869, when an outlay of £1455 was considered necessary for painting, repairs, and furniture; but with these exceptions, from 1857 to the present time, the income has always exceeded the expenditure.

The number of intrants had indeed begun to increase a few years before 1857. The cause of the increase was perhaps in part the falling off in the number of members, which in 1836 had reached the high figure of 707. In 1844 it had fallen to 662, and in 1858 to 523. In 1885 the number was 366. The recent increase in the number of apprentices and intrants is remarkable. For, during the years from 1862 to 1874 there were 168 apprentices indentured and 118 intrants; in the same number of years, from 1876 to 1888, there were 301 apprentices and 187 intrants. Accordingly the funds of the society showed a rapid and marked improvement.

On I7th November 1862 it was reported that the whole debts of the society had been paid, and in 1868 the sum of £1500 was lent on debenture. In 1871 a further sum of £1000 was invested, while the free funds were £7468, and these continued to increase, until at 31st December 1889 they amounted to £44,886, 4s. 9d. r»;

In this last year the income derived from interests and divi- dends was £1342, 9s. lid., while the receipts from dues of intrants and apprentices were £4585, 2s. The total expenditure, on the other hand, including £959, 19s. 3d. for books and binding, was £4167, 10s. 7d.

' Report of the curators of tbe library and committee on fnnds, 1857, 8vo.

^V<,J

CHAPTER IV. THE WIDOWS' FUND.

The idea of instituting a widows' fund for the society of writers to the signet originated in 1780. Various plans for the establishment of such a fund were then suggested by the Eev. Dr. Alexander Webster, the founder of the ministers' widows' fund of the church of Scotland, Mr. William Keith, Mr. William Farquharson, and Mr. David Russell, accountants, Edinburgh, and others.

In 1780 life-assurance was but little known in Scotland, the great Scottish insurance offices, which have since proved so success- ful, not having been instituted until early in this century. Hence, in 1780 it was difficult to obtain anything like accurate data as to rates of mortality, etc., in Scotland, on which to base a scheme for such an institution as a widows' fund.

The church of Scotland's ministers' widows' fund had, it is true, been in operation since 1744, but the data which its experi- ence could supply were insufficient to form a basis on which to found a widows' fund for this society. The matter was there- fore, after considerable discussion among the members, allowed for the time to drop.

The agitation, however, caused some members to note for their own information particulars as to the annual number of intrants to the society, of the marriages and deaths of members, of the number of widows left, of the deaths of these widows, and of other statistics regarding the society.

In 1801, the proposal for a widows' fund was again revived, principally owing to Mr. John Campbell, tertius, W.S., who took a great interest in the matter, and who, from observations concern- ing the society, collected between 1781 and 1801, as well as from

n

xcviii THE SOCIETY OF WRITERS TO THE SIGNET.

January 1802.

July 4, 1803, 48 George iii. chapter 107.

the information afforded by the " Northampton tables " of mortality, which had then been recently published, and from the experience of the ministers' widows' fund, had prepared a detailed scheme for the establishment of a widows' fund for the society of writers to the signet.

The subject was now taken up seriously. In January 1802, Mr. William Keith, who had been consulted in 1780, and his partner, Mr. Robert WUson, made a joint report on Mr. Campbell's scheme, and after very careful consideration it was finally determined, at a meeting of the society held on 7th February 1803, that a widows' fund for the writers to the signet should be instituted, and the meeting accordingly authorised the deputy keeper of the signet (Mr. Hugh Warrender) " to sign a petition to the house of commons for leave to bring in a bill for the establishment of a widows' scheme."

The promoters of the scheme forming a great majority of the society, soon obtained the necessary act of parliament, " for raising and securing a fund for making provision for the widows of the writers to his majesty's signet in Scotland."

By this act the requisite funds for the scheme were to be raised as follows : —

(1) Members were to pay yearly £6, 6s. by way of annual

contribution to the fund.

(2) A marriage tax of £10 was to be levied on each marriage

of original contributors, and an equalising tax of £1, 10s. was to be payable for each year that the age of the con- tributor might exceed that of his wife. ,, .

(3) The sum of £1 per annum for each contributor was to

be paid to the widows' fund out of the society's common fund.

(4) A tax of £20 was to be paid by every apprentice entering

into indenture with a writer to the signet ; and

(5) A tax of £1, Is. was to be paid by members of the society

for every clerk they enrolled at the signet oflfice.

THE WIDOWS' FUND xcix

The annuity to be paid to widows of contributors was fixed at £50 (no annuity, however, was to be paid until the term of Whitsunday 1807), but whenever the accumulated funds should amount to a capital of £200 for every contributor to the scheme, the surplus was to be divided among the widows entitled to annuities.

The adoption of the act by the then existing members of the society was optional; but of the 295 members 194 acceded to the scheme, and became contributors to its funds. Of these acceding members 115 were mai-ried men. By the act it was made imperative on future members to contribute to the fund.

The assumption on which the scheme proceeded was that a capital of £200 for every contributor was sufiicient to secure an annuity of £50 to each of the maximum number of widows which could come on the fund — and that such a capital sum per member would be many years in accumulating. It was found, however, within a very few years after the passing of the act, that the fimds were accumulating much faster than had been anticipated, and they continued so to increase for many years.

In 1817 it became apparent that the fund would in a few years amount to the calculated sum of £200 of capital for each member. Moreover, as the clause (section 12) in the act, which provided for the surplus beyond that amount of capital being divided among the annuitants, would then come into operation, it was felt that a complete investigation into the affairs of the fund should be made, and the actual experience of the fund compared with the contingencies which had been calculated for. Mr. John Campbell, W.S., who, as already mentioned, was one of the original promoters of the scheme, again gave much considera- tion to the afiairs of the fund. On 24th November 1817 he called the attention of the contributors to the injury which might be done to the fimd if section 12 of the act (the clause which disposed of surplus above a capital of £200 per member) were allowed to come

0 THE SOCIETY OF WRITEES TO THE SIGNET.

into opei-ation. A committee was appointed to inquire into the the matter, and Mr. John Scott and Mr. William Keith, accountants

March 9, 1818. in Edinburgh, were asked to report on Mr. Campbell's statement. These inquiries resulted in its being determined to obtain an amend- ment of the act of parliament. • '^

May 23, 1818. In the following May the act 58 George iii. cap. 74 was

(1) Repealing the clause in the old act whereby any surplus

over a capital of £200 per contributor was to be paid to the annuitants on the Fund.

(2) Abolishing the £1, Is. tax on clerks enrolled at the Signet

Office.

(3) Providing for an additional payment by intrants over

twenty -four years of age of a sum equal to half the rates and interest thereon which they would have paid had they become contributors at that age, and half the annual interest on marriage and equalising taxes from the date of marriage when the intrant was already married.

(4) Providing for certain increased annuities to the widows

then on the fund, and for increasing the capital of the fund towards ensuring permanency to the scheme for additional amiuities.

May 1823. In May 1823 Mr. James Scott reported that the fund then

amounted, as had been anticipated, to more than £200 for each of the 437 contributors to the scheme ; and, accordingly, in terms of the last-mentioned act, the annuities were increased, as at Whit- sunday 1824, to £70 to the widows who had been on the fund at the passing of that act, and £60 to the other annuitants.

October 31, 1828. No further change in the fund's affairs took place imtil 1828, when it was determined to obtain further reports from skilled actuaries as to the position of the fund, and these were accordingly

THE WIDOWS' FUND d

obtained from Mr. James Cleghorn, actuary and accountant, Edin- burgh, and Mr. James Scott, accountant, who had formerly in- vestigated the affairs of the fund. The reports of these gentlemen, and the experience of the fund since its institution, suggested several improvements in the scheme with reference to both its principles and the mode of management to be adopted for pro- tecting the fund, and for securing adequate annuities to the widows, and it was felt that a new act of parHament was requu'ed to place the scheme on a satisfactory basis. Nothing definite, however, was done towards this until 1830, when the contributors resolved to ''^^■

apply for a new act of parhament. This was obtained in the following year, and the act 1 and 2 William iv. cap. 5, with the slight modification aftermentioned, continues to regulate the affairs of the fund at the present day.

The act of 1831, while repealing the prior acts, 43 George iii. cap. 107, and 58 George iii. cap. 64, was practically a consolidation act, and varied from these acts only in the following financial enactments : —

1. Intrants above 24 years of age, when becoming contributors to the fund, were to pay the full rate which they would have paid to the fund had they become contributors at that age, instead of the half rate formerly exigible.

2. The equaUsing tax payable on marriages was raised from £1, IDs. for each year the contributor was older than his wife, to £3, 10s. for each such year on Jirst marriages, and a higher rate, varying according to the age of the contributor, on second and any subsequent marriages.

At the general meeting of contributors held on 17th June June n, 1835. 1835, the collector of the fund reported that he had as usual apphed to the treasurer for payment of £672, being the sum due from the common fund of the society, viz., £1, for each of the 672 contributors to the fund at Whitsunday 1835, in terms of section 13 of the act of 1 and 2 William iv. cap. 5, when

eU THE SOCIETY OF WKITEES TO THE SIGNET

the treasurer had informed him that, owing to the annual income of the common fund having become insufficient to defray the necessary annual burdens thereon, he could not pay the sum due to

June 17, 1835. the widows' fund without the special orders of the society. This led to a committee of contributors being appointed to confer with the trustees of the widows' fund, the curators of the library, and the society's committee on funds, and to report to the con- ti'ibutors what in the circumstances was best to be done. The inquiry resulted in a petition to parliament, craving leave to bring in a

March 7, 1836. bill to amend the act 1 and 2 William iv. cap. 5.

In the following May the required act was obtained (6 Will. iv. cap. 22), by which the fifteenth clause in 1 and 2 William iv. cap. 5, which enacted that the sum of £1 for each contributor to the widows' fund should be paid to that fund out of the common fund of the society, was repealed, and it was enacted inter alia that —

(1) Apprentices entering in future into indentures with

writers to the signet should pay a tax of £30, in addition to the £20 payable under the prior act, making the apprentice tax in all £50 ; and

(2) The annuity payable to the widows on the fund was

raised to £75 per annum.

The act 1 and 2 William iv. cap. 5, as amended by the act 6 William iv. cap. 22, now regulates the affairs of the fund, under the direction of the trustees, who are the deputy keeper of the signet for the time ex officio, and six members of the society elected by the contributors, assisted by the collector, who has hitherto always been a member of the society, and who is annually elected by the contributors. The office of trustee is honorary. The collector is the only salaried official, he having the practical manage- ment of the fund, including the collection of its income and payment of the annuities to the widows of deceased contributors.

Although the election of the collector is annual, the office has been practically ad vitam aut culjjam, for although the fund has

THE WIDOWS' FUKD ciii

now been in existence for eighty-six years there have only been five collectors, viz : —

Mr. (afterwards) sir Adam Ferguson, from 1803 to 1806; Mr. Francis Napier, from 1806 to 1818; Mr. James Stuart, from 1818 to 1828 ; Mr. Walter Cook, from 1828 to 1861 ; and Mr. John Cook, who has held the office since 1861.

The accumulated funds at Whitsunday 1890 amounted to £232,783, 6s. 7d.

The annual contribution payable by contributors is £6, 6s. 7d., whUe the annuity to widows of deceased contributors is presently fixed at £80.

The maximum number of annuitants ever on the fund occurred at Whitsunday 1882, when there were 175 annuitants, but the num- ber has since steadily decreased, and was 140 at Whitsunday 1890. The maximum number of contributors was reached at Whitsunday 1840, when the number was 685. The minimum number of con- tributors occurred at Whitsunday 1884, when it was 368. Since then the number of contributors has been increasing, and at Whit- sunday 1890 it was 441,

The main cause of the prosperity of the fund at first was apparently the comparatively low rate of marriage among the contributors, and the consequent smaller number of annuitants coming on the fund. On the other hand, the members have not on the average attained their expectation of life, while the annui- tants have considerably exceeded it.

The afiairs of the fund are periodically investigated at intervals of seven years, in terms of sections 33 and 34 of the act 1 and 2 William iv. cap. 5, and the results of these investigations are duly reported to the contributors by the trustees, who conduct the inquiry with the assistance of an actuary. The rate of annuity to be paid to widows of contributors for the ensuing period of seven years is raised or reduced as the investigation shows to be expedient. The amount of the annuity has thus varied considerably since the

oiy THE SOCIETY OF WEITERS TO THE SIGNET

commencement of the fund. It began at £50 per annum, and was from time to time increased, till in 1866 it was raised to £90 per annum, at which rate it continued till 1887, when, on account of the low I'ate of interest, it was reduced on the recommendation of the reporter who conducted the septennial investigation to £80, the present rate.

The following septennial investigations have taken place since the act of 1831 :—

In 1837 by Mr. James Cleghorn, accountant.

In 1844 by Mr. Holmes Ivory, accountant.

In 1851 by Mr. Holmes Ivory, accountant.

In 1858 by Mr. Kenneth Mackenzie, C.A., F.F.A.

In 1865 by Mr. Kenneth Mackenzie, C.A., F.F.A,

In 1872 by Mr. Kenneth Mackenzie, C.A., F.F.A., and Mr.

William Thomas Thomson, F.E.S.E. In 1879 by Mr. Adam Gillies Smith, C.A. In 1886 by Mr. John MacGregor M'Candlish, W.S., F.KS.E.,

F.F.A.

A table is annexed showing the progress of the fund as regards the numbers of contributors and annuitants, the amount of the accumulated funds, etc., from the commencement of the scheme to Whitsunday 1890:—

STATE showing some particulars as to the progress of the Widows Fund from Martinmas 1803 to JVhit Sunday 1890 inclusive.

Rate of Interest

on Heritable Securities.

Year.

Contri- butors.

Annui- tants.

Annuity.

Fund.

Increase,

Decrease.

Whit- sunday.

Martinmas.

1803

194

0

1 XT k "i

No Accounts.

\

1804 1805 1806

200 203 209

0

\ No Annuity pay- 1 able till Whit- /■ Sunday 1807.

No Accounts. £7,822 10,361

£2,539

...

...

1807

216

4

)

13,126

2,765 i ... 1 ...

;

1808

224

7

£50 0 0

15,981

2,855

...

5

5

1809

237

9

50 0 0

19,153

3,172

5

5

1810

243

12

50 0 0

22,348

3,195

...

5

5

1811

252

11

50 0 0

25,686

3,338

5

5

1812

260

12

50 0 0

29,638

3,952

...

5

5

1813

280

18

50 0 0

33,309

3,671

...

5

5

1814

288

20

50 0 0

36,981

3,672

5

5

1815

297

23

50 0 0

40,950

3,969

• • .

5

5

1816

310

27

50 0 0

44,878

3,928

**.

5

5

1817

319

28

50 0 0

49,142

4,264

5

5

1818

342

31

f £50, £55, £60 & ) \ 65 0 Of

60,753

11,611

5

5

1819

369

32

|£50,£55, £60&) ( 65 0 Of

65,957

5,204

5

5

1820

388

34

j £50, £55, £60 & 1 \ 65 0 0 f / £50, £55, £60 & [ 1 65 0 Oj / £50, £55, £60 & 1 ) 65 0 0 f / £50, £55, £60 & 1 t 65 0 0 f

70,792

4,835

5

5

1821

406

36

76,009

5,217

5

5

1822

432

39

81,869

5,860

...

5

5

1823

437

41

88,128

6,259

4J

H

1824

459

44

60 & 70 0 0

94,029

5,901

4^

4

1825

490

48

60&70 0 0

99,006

4,977

4

4

1826

514

52

60 & 70 0 0

104,660

5,654

4

5

1827

525

56

60&70 0 0

111,230

6,570

. • .

5

5

1828

560

58

60 & 70 0 0

117,559

6,329

. .•

5

4i

1829

583

59

60&70 0 0

125,419

7,860

.. .

4J

4

1830

629

59

60 & 70 0 0

132,533

7,114

4

4

1831

635

66

70 0 0

137,387

4,854

3i

3^,4

1832

640

68

70 0 0

144,797

7,410

4

4

1833

646

70

70 0 0

151,878

7,081

...

4

4

1834

666

67

70 0 0

158,712

6,834

4

3J

1835

672

71

70 0 0

164,564

5,852

Z}f

3J

1836

685

70

70 0 0

171,411

6,847

3i

3i

1837

672

73

75 0 0

176,663

5,252

3|

3J

1838

684

80

75 0 0

183,342

6,679

3i

3^

1839

683

81

75 0 0

189,277

5,935

. •

4

4

1840

685

81

75 0 0

195,829

6,552

• • t

3J

3i

1841

680

83

75 0 0

201,647

5,818

...

4

4

1842

668

92

75 0 0

207,568

5,921

. . *

4

4

1843

654

93

75 0 0

213,342

5,774

...

4

4

.52 *« «8 J5 a S b

^ J. 2

STATE showing some particulars as to the progress of the Widows Fund from Martinmas 1803 to Whitsunday 1890 inclusive — continued.

Rate of Interest

on Heritable Securities.

Year.

Contri- butors.

Annui- tants.

Annuity,

Fund.

Increase.

Decrease.

Whit- sunday.

Martinmas.

1844

648

96

£75 0

0

£217,583

£4,241

4

3|

1845

637

99

78 15

0

221,708

4,125

■ • ■

3i

3|

1846

634

96

78 15

0

226,239

4,531

3|

H

1847

624

101

78 15

0

231,643

5,404

3|

4

1848

620

104

78 15

0

237,924

6,281

4

4

1849

615

109

78 15

0

245,767

7,843

5

5

1850

599

118

78 15

0

250,927

5,160

...

5

^

1851

589

123

78 15

0

254,681

3,754

4

H

1852

580

128

85 0

0

256,838

2,157

, . .

3i

3|

1853

567

125

85 0

0

258,365

1,527

3|

H

1854

557

132

85 0

0

260,136

1,771

3i

H

1855

544

134

85 0

0

263,313

3,177

3|

4

1856

534

136

85 0

0

265,693

2,380

• • *

4

4

1857

532

141

85 0

0

267,812

2,119

4

4

1858

516

147

85 0

0

268,972

1,160

4

4

1859

506

155

85 0

0

269,264

292

4

4

1860

504

155

85 0

0

269,411

147

• . .

4

4

1861

508

157

85 0

0

268,987

• • •

£424

3^

H

1862

498

158

85 0

0

265,644

97

3

4

1863

501

152

85 0

0

266,811

1,167

t . .

4

4

1864

488

149

85 0

0

266,178

• • •

633

4

4

1865

479

150

85 0

0

267,691

1,513

4

4

1866

465

153

90 0

0

268,125

434

...

4

4

1867

449

157

90 0

0

268,775

650

. . ,

4

4, 4J, 41

1868

439

162

90 0

0

268,295

< >•

480

4,4i.5

4,4i

1869

432

169

90 0

0

267,155

1,140

4,4i

4,4i

1870

418

171

90 0

0

266,276

879

4,4:

4,4i

1871

409

168

90 0

0

265,385

...

891

4

4

1872

408

170

90 0

0

263,635

1,744

4

4

1873

409

172

90 0

0

262,238

1,397

4

4

1874

407

173

90 0

0

260,339

...

1,899

4

4

1875

400

172

90 0

0

258,374

• •■

1,965

4

4

1876

400

165

90 0

0

256,895

1,479

4

4

1877

391

165

90 0

0

255,636

1,259

4

4

1878

384

169

90 0

0

253,359

< •.

2,277

4

4

1879

383

169

90 0

0

250,725

2,634

4

4

1880

385

169

90 0

0

249,675

.• •

1,050

4

4

1881

381

174

90 0

0

247,620

2,055

4

H

1882

381

175

90 0

0

244,328

3,292

3J

H

1883

371

172

90 0

0

240,868

• ••

3,460

3

H

1884

368

167

90 0

0

238,071

• ■ •

2,797

3

H

1885

374

163

90 0

0

235,317

...

2,754

3

H

1886

388

161

90 0

0

233,001

...

2,316

3J

H

1887

399

158

80 0

0

231,846

...

1,155

3|

H

1888

409

156

80 0

0

231,607

...

239

3|

3|

1889

419

149

80 0

0

231,909

302

*••

3|

H

1890

441

140

80 0

0

232,783

874

...

3|

H

CHAPTER V. THE CHAIE OF CONVEYANCING.

The chair of conveyancing in the university of Edinburgh, which is endowed by the society, was not established until 1825. Upwards of thirty years before that date, however, the society had provided for systematic public instruction on the subject by the appointment of one of its own number as lecturer upon convey- ancing. It is now proposed to trace the circumstances attending the foundation of that lectureship, and the steps by which it was subsequently raised, by the exertions of the society, to the position of an academic chair.

The subject of conveyancing, as to both theory and practice, The study of has always been regarded by the society as peculiarly its province ; •=o"^«ya°<='"s- and, from an early period, although there was no public teaching of the subject, the members of the body generally looked upon the instiiiction of their apprentices in conveyancing as not only their duty but as one of the privileges of the body which ought not to be committed to others. Evidence of this will be found in the fact that when, about the middle of last century, one of their number, Mr. John Mackenzie of Delvine, brought before the society a proposal for public instruction upon the subject by the foundation of a chair of conveyancing, it was rejected on the ground that it would inter- fere with the duty of masters in the teaching of their apprentices in chambers. Again, in 1773, a similar proposal to have pubHc instruction on conveyancing was reported against by a committee to which it had been remitted : The society on considering this report resolved that it was " the duty of writers to the signet to instruct their apprentices in the several branches of their busi- ness, and to use all necessary means by practice, prelection, and

bviii THE SOCIETY OF WRITERS TO THE SIGNET

examination, to discharge that duty. That, as the knowledge ot styles is their proper province, the plan proposed would, in their apprehension, import an acknowledgment of their incapacity or want of inclination to do their duty ; and that, as the expense of educating young gentlemen had of late been greatly augmented, it was matter for consideration how far it would be proper to subject them to further expense."

The society as a body was anxious to preserve intact what it considered both a duty and a privilege, which could not, without injury, be intrusted to others ; and its individual members en- deavoured to give a competent knowledge of conveyancing to those about to enter the society by " practice, prelection, and exami- nation." But the impression gained ground that the instruc- tion of the most zealous and able practitioners, delivered to their apprentices as the avocations of business might permit, was not an adequate substitute for more systematic teaching. As a result of this, Mr. Koss' a member of the society, Mr. Walter Ross, in order to afford to

lectures. some extent such instruction, determined to give a private course

of lectures upon " the history and practice of the law of Scotland relative to conveyancing and legal diligence." Accordingly, during 1783 and 1784, he delivered two short courses of lectures upon the subject.

Other engagements unfortunately prevented him from again lecturing, and from going on with the preparation of the complete course of lectures which he had intended. The pubhcation, however, after his death, of those he had delivered, shows how eminently qualified Mr. Ross was for the duty he had undertaken. Even to the present day the abUity and research exhibited in these lectures afford the student of conveyancing much valuable information as to the origin and history of many of our most important deeds.

Mr. Ross had not specially sought the recognition of his prO" ject by the society, but the success of his lectures was so apparent as in gi-eat measure to remove the jealousy with which the former

/

motion.

THE CHAIE OF CONVEYANCING cix

proposals for public instruction in conveyancing had been regarded. Accordingly, when in 1793 one of its members, Mr. Robert Bell, brought forward a proposal that the society should give its approval and authority to his going on with a collection of decisions of the court of session dealing with conveyancing, which he had commenced, the society not only entertained the proposal as originally made, but added a scheme of public instruction in conveyancing, which Mr. Bell had subsequently suggested.

The proposal was brought before a general meeting of the Mr. Macdonaid'a society by the deputy keeper in May 1793, when a letter from Mr. Bell on the subject was read. It was then moved by Mr. WiUiam Macdonald : " That it is the duty of the society to promote the study of conveyancing, and as it appears necessary for the proper attain- ment of this object that one of the members should be appointed to deliver annually a course of lectures on the theory and practice of conveyancing, and to collect the decisions of the court of session, and in a particular manner those decisions which more immediately relate to our own department," the society do " resolve that in future one of its members shall be elected to fill these offices, and as an encouragement to the undertaking of this important charge, that from the period of the commencement of the said course of lectures, every candidate who applies for admission into the society shall produce to the examinators a certificate of his having attended a coux-se of lectures, and that every apprentice shall in future, during his apprenticeship, attend at least one course. Secondly, that as Mr. Bell had proposed and bestowed great pains upon this plan, he should be named by the society to the office."

The society, however, was not prepared to dispose of these resolutions without further consideration, and it was resolved that they should lie on the table until next general meeting, and that Mr. Bell should be requested to prepare and submit to the society, in the meantime, a plan of his proposed lectures, and of the mode and period of delivering them.

ex THE SOCIETY OF WEITERS TO THE SIGNET

Shortly after this Mr. Bell submitted a general plan of the course of lectures which he proposed, embracing a wide field of in- struction, in both the theory and the practice of conveyancing, with an elaborate introduction explaining the scheme. This having been printed and distributed amongst the members, the society at its general meeting, on 27th November 1793, approved of the plan, Establishment of and resolved "that in future one of the members shall be appointed society. to deliver annually a course of lectures on the theory and practice

of conveyancing, and to collect the decisions, and appoint Mr. Robert Bell to fill these offices." It further voted him a sum of £105 for his past labours in connection with the decisions ; and, a remit having been made to a committee to consider and report as to his future salary, it was resolved at a subsequent meeting, on 16th December 1793, that Mr. Bell should receive an annual salary of sixty guineas as collector of decisions.

It will be seen from this, that the portion of Mr. Macdonald's original motion which made attendance upon the course of lectures on conveyancing compulsory was omitted from the resolution of the society, and further that no salary was attached to the lecture- ship, the salary given being for the collection of decisions alone. The fact that an attendance on the course of lectures was not made compulsory on apprentices arose apparently frojn the feeling in the minds of some, that, as attendance on the lectures delivered from the Scots law chair in the university was already obligatory on all apprentices, it was inexpedient to add another compulsory class. The omission to attach a salary to the lectureship was due entirely to the circumstance that Mr. Bell could not lecture for upwards of a year to come, when it would be time enough to consider the question of the salary to the lecturer.

Accordingly, though appointed in November 1793, Mr. Bell was not in a position to begin lecturing until December 1794, when he delivered a short course which dealt with only a comparatively small portion of his subject ; and it was not tUl the winter session of

T THE CHAIK OF CONVEYANCING ! i «jxi

1795-96 that he was able to complete and deliver the lectures on the first part of his course, which embraced the constitution and trans- mission of heritable rights and kindred subjects. |i

Mr. Bell having found difiiculty in procuring a suitable place for the delivery of his lectures, the society, on 1st July 1795, gave him the temporary use of its hall for that purpose during that year. Where his lectures were subsequently delivered does not appear, but at the general meeting of the society on 4th February 1811, Mr. Macvey Napier called attention "to the situation of the class of conveyancing, which he conceived to be degraded, and its utility impaired, by its exclusion from the society hall, in con- sequence of which Mr. Bell was obliged to deliver his lectures in a mason lodge, and moved ' that Mr. Bell be permitted to lecture in the hall at such hour as the society should deem most convenient.' " The motion was appointed to be taken into consideration at next general meeting, on 27th May thereafter, when it was agreed to »-^''-'3'' allow the use of the hall to the lecturer on conveyancing during the pleasure of the society.

Although Mr. Bell's lectures did not even yet embrace the whole Mr. Beirs lectures. of the scheme which he had submitted to the society, the utility of the lectureship, and the ability of the lecturer, had been so clearly shown, that it was considered due to him to annex a salary to the office without waiting for the completion of the full course of lectures originally contemplated. In the meantime, however, it had become evident that so long as attendance on the courses of lectures on civil law and Scots law alone was required of apprentices, the lectureship on conveyancing was placed in an unfair position. Accordingly, both matters having been brought before a general meeting of the society, on 30th May 1796 it was resolved: — (1) "that every candidate for the office of clerk to the signet shall have attended three courses of law classes, viz., one course of Scots law, one course of conveyancing, and a third course either of Scots law, conveyancing, or civil law " ; and (2) " that a salary

exn THE SOCIETY OF WEITEES TO THE SIGNET

should be annexed to the office of lecturer on conveyancing." A remit was made to a committee to report on the amount of the salary and the source from which it should be raised. This committee recommended that a salary which was estimated at £40 should be raised by requiring every apprentice on entering into indenture to pay £1, Is. to the person appointed to receive the libraiy money, who should account for it to the lecturer. Their report having been printed and circulated, was approved of by the society at a general meeting, on 11th July 1796. Mr. Bell there- fore had now a salary of sixty guineas as collector of decisions and the produce of the tax of a guinea on every apprentice who should enter on indenture, besides a fee of £3, 3s. from each student attending his lectures, being the same fee as was paid to the professors of Scots law and civil law. Collector of The appointment of a collector of decisions in connection with

the lectureship was originally made under the idea that the collec- tion undertaken by Mr. Bell had the approval of the judges of the court of session. This, however, appears not to have been the case ; and the society, having learnt that the court did not look with favour upon the collection, appointed a committee to inquire into the nature of the objections to it.

Mr. Bell, in the meantime, ex proprio motu, had addressed a letter to the lord president explaining the grounds of his belief that he had obtained the sanction of the court to his under- taking, stating his readiness to give it up so far as he was individually concerned, and expressing a hope that the lectures on convey- ancing, in which the society was mainly interested, might receive the sanction and encouragement of the court. This letter was communicated by Mr. Bell to the committee of the society to which it had been remitted to report on the subject. The committee reported to a general meeting of the society, on 5th December 1796, that, as it had considered Mr. Bell's proposal extremely proper, a meeting had been sought with the judges, and that

] THE CHAIR OF CONVEYANCING cxiii

"lord president Campbell, who declared the sentiments of the court, approved highly of the institution of a course of lectures on con- veyancing, considered it a desideratum in the legal education of the country, and as in every view an institution which deserved the protection and patronage of the court. His lordship also thought that everything should be done to promote the institution and to place it on a respectable footing, and, with that view, that it deserved the consideration of the court whether countenance should not be given to an application for having it made a pro- fessorship. Lord Eskgrove then proposed that, in order to bring the matter regularly before the court, a memorial stating the nature of the institution shovdd be laid before them, and to this the other judges agreed."

The committee therefore recommended: — " (1) That the collec- tion of decisions should be given up. (2) That the salary annexed to the office of collector should be added to the office of lecturer on conveyancing. (3) That every exertion ought to be made by the

society for placing the office of lecturer on the most respectable ' • ''

footing, and that proper steps should be taken for obtaining a professor's chair in the university ; and, with that view, that a memorial in the terms of the memorial hereto annexed should be signed by the deputy keeper in name of the society, and presented to the court." '

It is unnecessary to give the terms of the memorial at any Memorial in length, but it may be stated that it set forth fully the circum- feJsort chair in stances attending the establishment of the lectureship in conjunction the university, with the collection of the decisions and the intention of the society to give up the latter and to endow the office of lecturer, as the sole object of the institution, with a salary of £100 a year. It further stated the object of approaching the court in the following terms : — " The memorialists have formed this resolution upon full delibera- tion, actuated by no selfish policy, desirous of no preference to their

'■ Jardine's Signet Papers, " Beport of the committee," vol. i. No, 7.

eod* THE SOCIETY OF WRITERS TO THE SIGNET

lectureship which it does not deserve ; and, anxious only to point out to those young men with whose education they are intrusted a beneficial and useful plan of study, they have cheerfully appropriated a considerable annual allowance for this new institution."

" It is under the conviction that this is a matter of public utihty as well as of professional benefit that the memorialists presume to call your lordships' attention to the subject. They are desirous of representing it to his majesty's ministers as an object worthy of encouragement. They cannot, indeed, expect in these times any pecuniary aid from government; but they are desirous, under your lordships' sanction, of obtaining for this establishment a professor's chair in the university of Edinburgh, and they flatter themselves that this proposal may appear in such a light to your lordships as to enable you to give it the weight of your approbation." Of The report, with the accompanying memorial, having been ap- proved of by the society, the memorial was forthwith presented to the court. The court, however, notwithstanding its public appro- objections to bation of the lectureship already specified, was not prepared to re- commend the appHcation as an object worthy of encouragement before ascertaining the opinion of the faculty of advocates, and directed it to be communicated to them for their consideration. The faculty remitted it to the dean and council, with instructions to consider and report as to the expediency of the proposed establishment of a professorship of con- veyancing, and they shortly afterwards reported that, in their opinion, the proposal was liable to many strong and solid objections which they thought ought to determine the faculty to oppose its being carried into execution. Their main objections were the impossibility of detaching those doctrines which relate to the forms, styles, and contents of deeds from the general science of Scots law ; the injury to the public that would arise from the separation of " the more liberal and scientific parts of the law from the subordinate and practical parts," and the injury the creation of a rival professorship of Scots law in the university would have on " the interest and just emoluments

the chair.

;•, THE CHAIE OF CONVEYANCING cxv

of the present endowments of which the faculty of advocates are the patrons, thereby preventing the discharge of its duties from being a primary object to men of talents and liberal edvication." For these and other reasons the dean and council recommended that the faculty should express its disapprobation of the plan, and take such measui'es as might seem expedient for preventing its being carried into execution. This report, having been approved of by the faculty, was presented to the court, which resolved to take no action in the matter ; and the society, apparently thinking it useless to press the proposal in the face of such determined opposition, for thirty years took no further steps towards raising the lectureship to the position of an academic chair.

It was not until the autumn of 1797 that Mr. Bell was able to lecture upon the second part of his subject, which then embraced the full plan of lectures originally proposed. This he then divided into two courses dehvered in separate sessions. The first, extending to fifty lectures, was devoted to deeds in general and the con- stitution and transmission of heritable rights and real diligence, forming the subject of one course, and the other, extending to thirty lectures, was devoted to moveable rights and personal diligence. A fee of £2, 2s. was required from each student for the first course, and £1, Is. for the second, attendance upon both courses being required in order to entitle students to a certificate.

The arrangement by which £40 of the salary attached to the salary attached lectureship was dependent on the £1, Is. tax imposed on all ap- t^ti^e lecture prentices on entering into indenture, had not proved satisfactory. Accordingly, when in 1802 the society had it in contemplation to raise the apprentice fee so as to increase the general funds, Mx. Bell took occasion to address a letter to the deputy keeper, in which he stated that, during the five years which had elapsed since the tax in question had been imposed, it had yielded on an average an annual sum of only £29 instead of £40 which it had been intended to produce, and that any increase to the general

e**i THE SOCIETY OF WEITEKS TO THE SIGNET

apprentice fee would probably stiU further reduce that amount, by lessening the number of those entering on indenture. He therefore suggested that a small addition might be made to the tax of £1, Is. in order to carry out the intentions of the society in imposing it.

Mr. Bell's letter was brought before a general meeting of the society on 28th June 1802. Some dissatisfaction having then been ex- pressed because of his having divided his lectures into two separate courses, thereby causing expense and inconvenience to the students, the whole matter was remitted to a committee for consideration. Mr. BeU thereupon submitted a memorial explaining his reasons for the division, and stating that although it had caused no additional expense to the students, he would give it up and would in future comprise his whole subject in one course of lectures. Regarding the increase of salary, he stated that his whole emoluments from the lectureship during the preceding five years had amounted on an average to only £140 per annum.

The committee having considered Mr. Bell's memorial, reported that it was satisfied that no additional expense had been thrown on apprentices by the division of the course of lectures. It, however, approved of his proposal to have only one course for the future, and in regard to increase of salary further recommended that a small addition should be given in order to make up the Bvaa. originally intended.^ The report, having been printed and circulated, was brought before a general meeting of the society on 29th November 1802, when it was approved of so far as regarded Mr. Bell's intention to discontinue the division of the course, but disapproved in so far as it recommended an addition to the salary of the lecturer.

Mr. Bell does not appear to have been discouraged by either the smallness of the emoluments which he had hitherto derived from the lectureship, or the failure to have his salary placed upon a more satisfactory footing. He continued to discharge the duties of lecturing to a gradually increasing nixmber of students

' Jardine's Sigiiet Papers, vol. i.

THE CHAIE OF CONVEYANCING cxvii

with great ability and success, until his death in 1816. The credit is due to him of having originally suggested the lectureship, and while the wisdom and public spirit of the society in adopting and giving practical effect to his suggestions by founding and endowing it must be acknowledged, it cannot be doubted that it is to his ability and zeal in discharging his duties through many discourage- ments that we owe the success of the foundation. In addition, Mr. Bell's however, to giving much of his time to the discharge of these P"ti'°at.ons. duties, Mr. Bell was also able to devote himself to literary work. During the earlier period of his lectureship, he prepared for the press and published his lectures on the testing clause, and treatises on deeds, on completing titles, and on leases, all of them useful works, though now out of date. His Dictionary of the Laiv of Scotland, to which he owes his character as an eminent legal author, was pub- lished in 1807, and, from its learning and research, was very soon accepted as a standard authority on the subject. Unfortunately he did not live long enough to know how highly this work was appreciated by the profession at large, but the numerous editions of it which have been called for since his death, bringing down the law without material alteration to their several dates of publication, show how good was the original conception of the book, and how excellent was its execution.

The office of lecturer having become vacant by the death of Mr. Bell, the society availed itself of the offer of his brother, Mr. George Joseph Bell, who afterwards worthily filled the chair of Scots law in the university, to read the late professor's lectures until such time as a successor should be appointed. In December 1816, the Appointment of society, from several candidates who sought the office, elected to the Napicr^as*^ vacant lectureship, Mr. Macvey Napier, then librarian to the society, lecturer.

Although the society, on the faikire of its application in 1796 to have the lectureship raised to the position of a chair in the university, had resolved rather to await the effects of time and experience than to urge its wishes in face of the powerful opposi- tion which had been manifested, and though for many years no

cxviii THE SOCIETY OF WEITEES TO THE SIGNET

further active steps were taken for attaining the object desired, it Renewed pro- was never lost sight of. The matter was again brought before the

posals for a . i i •

professor's chair, societj by the deputy keeper at the general meeting on 21st November 1821, when a committee was appointed to resume con- sideration " of the propriety of applying for a professor's chau' in the university of Edinburgh for the course of lectures instituted by the society, and to adopt such measures as might seem to them most prudent in the view of promoting the success of that object, thereby increasing the respectability of an institution the usefulness of which had been demonstrated by ample experience."

The committee so appointed, with the valuable aid of Mr. Thomas Thomson, advocate, proceeded to prepare a statement set- ting forth at considerable length the causes which had induced the society to found the lectureship, and the reasons for wishing to see the usefulness and respectability of the institution increased by having a professor's chair attached to it. Fi-om unavoidable causes this statement was not completed until Febx-uary 1823, when the committee devolved upon two of its number, the deputy keeper and sir Robert Dundas, the duty of bringing it before the heads and judges of the court and the dean and faculty of advocates, with the view of ascertaining their sentiments, as well as before the lord provost and town council and the principal of the university. i mu ^h»j.

The sub- committee so appomted having had the statement printed and presented to the court and to the faculty of advocates,' the lord president, after consultation Avith the judges, informed it that the matter was one on wliich they did not consider that the court was called upon to express an opinion.

t. The faculty of advocates, on the matter being brought befoi-e them, remitted it to the dean and council for consideration and report. They, however, could not agree upon the terms of that report ; and tlie faculty accordingly adjourned consideration of the iaa|iter

< . :M il)^yia.rtl'mA'a Sionet Paper*, vol iii. .^'id bi, ■.■ acij

T:I/ the CHAIE of conveyancing cxix

until such time as their former report on the subject should be re- printed and circulated among the members. The sub-committee of the society being of opinion that the old objections stated to the professorship by the faculty in 1796, which it was thus proposed to reprint and circulate, could be satisfactorily answered from the experience of the benefits conferred by the lectureship during the period which had since elapsed, prepared "observations" on the faculty's report of 1796.^ These they printed and circulated. The subject having been again brought before a full meeting of the faculty on 8 th July 1823, a motion approving of the raising of the lectureship to a chair of conveyancing was defeated by only fifty-five votes to fifty-one, whereupon thirty-three of the minority, including many of the most eminent members of the bar, and amongst them Mr. George Joseph Bell, the distinguished professor of Scots law, lodged a formal dissent setting forth reasons against the resolution which had been carried.^

The committee reported to the society, at the general meeting on 12th July 1823, the result of the application to the faculty of advocates, with an expression of opinion that the vote of the faculty did not appear by any means calculated to damp the society's expectation of success in the object which it desired. The meeting approved of what had been done, and re-committed the matter, with a recommendation to the committee " to take all such measures as they should deem most expedient for attaining the object of obtaining a professor's chair in the university for the lecturer on conveyancing and his successors, and to enter into such transactions and agreements with the patrons of the university as they might consider fit and expedient in order to prevent disappointment of the pretensions which had been, by a narrow majority in the faculty of advocates, so unreasonably resisted and opposed."

The committee having thereupon determined at once to Letter to the approach the lord provost, magistrates, and council of the city, '°^°°"'"'''-

' Jardine's Signet Papers, vol. iii. - Jhid. vol. iii.

lord provost.

cxx THE SOCIETY OF WRITEES TO THE SIGNET

patrons of the university, on the subject, addressed a letter to them on 17th July 1823, setting forth succinctly the whole circum- stances of the case, praying them, in virtue of their prerogative as patrons, to establish a chair of conveyancing in the university, and engaging to provide for it a perpetual endowment of at least one hundred guineas. The letter further suggested that Mr. Macvey Napier, who then held the office of lecturer, should be appointed the first professor, and that the mode of filling up vacancies thereafter should be determined by a conference between the committee and a committee of the town covmcU. Opposition of tue A printed copy of this letter, along with copies of the various statements and proceedings which were referred to in it, was laid before the town council, and the committee shortly afterwards had an interview on the subject with sir William Arbuthnot, who was then lord provost. He received them with "polite attention"; but at the next meeting of the councU, on his motion, without reasons given, or any discussion whatever, the application of the society was refused.

The committee, deeming it useless to combat the hostility of the lord provost, thought it prudent to take no further steps in the meantime, but to await the time when there was reason to hope that a change in the magistracy might lead to a difierent result.

Accordingly, when, in the following year, the civic chair came to be fiUed by Mr. Alexander Henderson, the committee solicited a conference with the lord provost and magistrates, and it had an opportunity in the autumn of 1824 of laying its views before them, with the best result; for his lordship, on 24th November 1824, brought the matter before a meeting of the town council, and spoke strongly in favour of the proposed chair. In consequence, however, of the strenuous opposition of one of the councillors it became necessary to postpone the decision until a subsequent meeting. The serious iUness of the lord provost prevented his being present at the next meeting of the town council, on 1st December 1824,

THE CHAIR OF CONVEYANCING cxxi

but the views which he had so strongly urged at the previous meeting were adopted by the great majority of the council ; and, on a division, the proposal to establish a chair of conveyancing in the university, of which Mr. Macvey Napier should be the first Establishment professor, was carried by a majority of twenty-five to four. At a ° ^ c air, subsequent meeting, after some discussion, a proposal of the com- mittee that future vacancies should be filled by five delegates, two of them to be chosen from the town council, and two from the society of writers to the signet, together with the deputy keeper, was carried by a majority.

The committee reported the favourable result of their labours to a general meeting of the society, held on 25th January 1825, when the cordial thanks of the writers to the signet were unani- mously voted to lord provost Henderson and the magistrates and council for the establishment of the chair. The deputy keeper also conveyed to Mr. Napier the congratulations of the society on his Mr. Napier appointment, expressing, at the same time, " their confident expec- profeTsor tation and belief that he will, with unabated zeal and energy, exert his best abilities for the purpose of establishing the legal character of the science which he is appointed to teach, and that he will accomplish this in such a manner that the name of the first professor of conveyancing will be transmitted to posterity with a celebrity which cannot fail to communicate its influence to his successors, and to the society of which he is a member."

The exertions of the society in thus getting the lectureship on conveyancing raised to the dignity of a university chair were re- warded by a very considerable increase in the number of students who availed themselves of the lectures, and professor Napier continued to discharge the duties of the chair with great ability and success until his death, in his seventy-first year, in February 1847. In the long period of thirty-one years during which he filled the oflBces, first of lecturer and subsequently of professor, although much engaged in literary pursuits, he never allowed these to interfere in

Mr. Menzies

cxxii THE SOCIETY OF WEITEES TO THE SIGNET

any way with his academic duties, but fully justified the expecta- tions and belief expressed by the society in their congratulations on his appointment to the professorship.

Mr. Allan Menzies, W.S., who was appointed to the vacant appointed to chair of conveyaucing on the death of Mr. Napier, had early given evidence of literary tastes. While a student of law in the university ■ he had been one of the competitors for the prize of £100 given by the university commission of 1826 for the best essay on "the national character of the Athenians." Mr. John Brown Patterson, then certainly the most eminent student of the University, carried off the prize, but the essay of Mr. Menzies showed such great ability as to cause the senatus to confer upon him the very unusual distinc- tion of the degree of " M. A. honoris causa."

Shortly after he had become a member of the society, the. commissioners of the signet, under whose charge a fund of £120,000. had been left by Mr. James Dick, a London merchant, for the purpose, of assisting schoolmasters and promoting education in the counties of Aberdeen, Banff, and Moray,^ appointed Mr. Menzies their clerk in the management of the bequest, an office which practically laid upon him the duty of organising the system upon which this large fund was to be administered.

Mr. Menzies entered upon the discharge of his difficult duties with great zeal and energy. For a period of years he on frequent occasions personally superintended the examinations in many of the schools in these counties ; he advised with the teachers in regard to the state of their schools and their methods of teaching ; he regularly reported to the commissioners, advising with them as to the progress and result of the work ; and through his untir- ing efforts the scheme gradually became developed into a great, system which has been the means of raising education in these counties to a very high standard. .,-;-hffB to n? ' art Till

Although the office of clerk to the Dick bequest necessarily:

THE CHAIE OF CONVEYANCING cxxiii

occupied a considerable portion of his time, Mr. Menzies had given much attention to the duties of his profession, and more especi- ally to conveyancing. Accordingly, when the conveyancing chair became vacant, on professor Napier's death in 1847, he offered himself as a candidate for the oflfice ; and although he had as a competitor Mr. Alexander Duff, the able author of a treatise on Feudal Conveyancing and other legal works, the society by a large majority elected Mr. Menzies to the vacant chair.

He showed as professor the same untiring zeal and energy in the discharge of his new duties as he had done in the management of the Dick bequest. ^ii jsm •:^:iimoo .JfiiiJ jJj^i' i!.i

J, Mr. Bell and professor Napier had been in the practice of test- ing the progress of their students principally by oral examinations. Professor Menzies, owmg to deafness, finding himself unable to pur- sue the same method in a satisfactory manner, at once substituted for it the plan of frequent written examinations in the class-room, without the aid of book or notes, a system which, though entailing on the professor a largely increased amount of work, proved a more efficient test of progress than oral examinations, and has been followed by his successors in the chair.

His constitution, which was never robust, unfortunately broke down imder the strain of his multifarious duties, and after filling the chair for a period of nine years, with an ability and success certainly not inferior to that of his distinguished predecessor, he died in February 1856, at the early age of fifty-two. His Lectures on Conveyancing, which were published a short time after his death, were highly appreciated by the profession, and have reached a third edition. Though they do not bring down the law to so late a date as those of his successor, to be afterwards noticed, they will always remain distinguished by their lucidity of expression and elegance of composition, while at the same time they testify to the thorough knowledge which the author possessed of both the theory and the practice of conveyancing. ^^ ^ ..^ _l

cxxiv THE SOCIETY OP WEITEES TO THE SIGNET

Election of Mr. On the death of professor Menzies in 1856, Mr. Alexander

^ontgomerie Montgomerie Bell, W.S., offered himself as a candidate for the vacant chair. Having been apprentice to Mr. John Dundas, W.S., in whose finn he afterwards became a partner, he had early devoted himself to the study of conveyancing, and from the ample opportuni- ties he had for applying his knowledge to practice, he soon became an accomplished conveyancer. So much indeed was this acknowledged by the profession at large that, when he became a candidate for the chair of conveyancing, no one else came forward as a competitor for it, and he was unanimously elected to fill the vacancy. It might have been thought that, coming as he did after so eminent a pre- decessor as professor Menzies, his task would be a difficult one ; but from the first his lectures showed his thorough practical knowledge of his subject, and his power of imparting that knowledge to his students. Unfortunately, like his predecessor, his constitution could not stand the strain which the additional work of the chair laid upon him, and after lecturing with great ability and success for nearly ten sessions, he died in Januaiy 1866, at the early age of fifty-four.

His lectures, which at his own request were published shortly afterwards, though perhaps not marked by the elegance of com- position which distinguished those of professor Menzies, were much appreciated for their exhaustive and eminently practical character not only by students of conveyancing, but by the profession at large. Some years ago they reached a third edition, which brought down the law to the date of publication. Election of Mr. On professor Montgomerie BeU's death in 1866, Mr. James S.

Fraser Tytler, W.S., was elected to fill the vacant chair, which he still holds.

Success of the The success of the chair of conveyancing, of which the history

ch^ of convey- j^^ ^^ixiQ been traced, is clearly shown by the increased number of

students who take advantage of it. Although, from the first

establishment of the lectureship in 1795, attendance on the lectures

was compulsory on all who sought admission to the society, its

James S. Fraser Tytler.

IRE CHAIR OF CONVEYANCING cxxv

records give no information as to the number of those students who did not come under this categoiy. There is Httle doubt, however, that the raising of the lectureship to the position of a university chair greatly extended its sphere of usefulness. This is shown by the society of solicitors in the supreme courts having likewise in 1851 required attendance on the lectures on conveyancing from all intending inti-ants to that body. The faculty of advocates also subsequently added the course on conveyancing to the curriculum of legal study for all future members of the bar ; and the society of chartered accountants afterwards took a similar step in regard to entrance to that body.

The university records do not give any information as to the number of students attending the individual chairs until 1859. It has been impossible therefore to ascertain the extent of the attendance while professor Napier held the chair, though there is no doubt that it had increased greatly from that durmg the lectureship. During Mr. Menzies' tenure of the professorship (1846-1856), the number of students varied from 99 his smallest number in 1851-52, to 114 his largest in 1855-56. In the latter years of professor Mont- gomerie Bell's tenure of the chair the average number was 120. The number of students after 1866 gradually increased until 1874, after which it rapidly rose in consequence of the operation of the Law Agents Act of 1873 and the relative act of sederunt re- quiring attendance of university courses of lectures on Scots law and conveyancing from all future applicants for admission to the body of law agents. Although it is satisfactory to note this pubhc recognition by the supreme court of the value of the lectures de- livered from both of these chairs, it is still more so to add that the value of the lectures is fully recognised by the students them- selves. The covui; in 1886, on finding that it had exceeded its powers in requiring, under the act of sederunt of 1873, a particular curriculum of legal study, passed another act making attendance on these lectures no longer necessary for future intrants to the body of

cxxvi THE SOCIETY OF WEITERS TO THE SIGNET

law agents. This apparently has had little effect in diminishing the number of students ; for whUe the average number in the con- veyancing class during the last three years in which attendance was compulsory (1885-1887) was 202, during the three years which have since elapsed, when attendance was not compulsory, it has been 195. These figures, it is thought, are sufficient to show that the founding and endowment of the chair of conveyancing by the society was a wise step, and that it has been duly appreciated by the legal profession in Scotland.

THE TYMMER BOX

See p. Ixxxviii

LIST OF WRITERS TO H.M, SIGNET

This list contains exclusively the names of those Writers to the Signet whose admissions are registered in the existing Minutes of the Society, or who are other- wise recorded therein. The names of some members of a date prior to 1594 are noticed above in the chapter on the History of the Society.

i'

LIST OF WRITERS TO H.M. SIGNET

1594-1890.

Date of Admission. ABEECROMBY, ALEXANDER. 10th July 1770.

Apprentice to John Syme. — Son of Alexander Abercromby, Merchant in Norway. Died 9th April 1804.

ACHESON, ANDREW. 9th July 1680.

Apprentice to John Kennedy. — Died 25th February 1702, aged 54. Mar. Louisa Borthwick.

ADAIR, CHARLES MURDOCH. 28th March 1819.

Apprentice to John Campbell and Andrew Clason. — Son of Dr. James M'Kettrick Adair, Physician in Harrogate. Died 23d March 1823.

ADAIR, THOMAS, of Little Genoch. 3d July 1778.

Apprentice to Cornelius Elliot. — Eldest son of Mr. Andrew Adair, of Little Genoch, Minister of Whithorn. Died 22d November 1820. Mar. (1) Jane, daughter of the Rev. Andrew Ross of Balsarroch, Wigtownshire ; and (2) 29th September 1783, Agnes, daughter of John Jameson, Merchant, Leith.

ADAM, ALEXANDER FORSYTH. 11th March 1847.

Apprentice to George Maclachlan and William Ivory. — Son of James Adam, S.S.C. Bom 24th July 1822. Died 24th December 1881, unmarried.

ADAM, ARTHUR. 25th May 1883.

Apprentice to J. 0. Mackenzie, W. R. and John Kermack. — Son of Stephen Adam, Wool-broker in Leith. Bom 30th April 1860.

ADAM, GEORGE SEYMOUR. 29th June 1871.

Apprentice to Robert Blair Maconochie. — Son of Patrick Adam, S.S.C. Bom 26th May 1846. Died 13th May 1875, unmarried.

ADAM, JAMES. 2l8t December 1820.

Apprentice to James Drummond of Comrie. — Son of Hamilton Adam of Kerse- liead, Ayrshire. Died 3d December 1849, aged 79. 3far. 10th August 1807, Janet, eldest daughter of John Shedden of Morrishill, Ayrshire.

A

2 THE SOCIETY OF WRITERS TO THE SIGNET

ADIE, CAMPBELL. 12th March 1788.

Apprentice to William Campbell of Crawfordton. — Second son of Rev. George Adie, Minister of Camock. Bmti 1762. Died 29th January 1807. Mar. 1st May 1800, his cousin, Penelope, daughter of William Campbell of Queenshill, Kirkcudbrightshire. Circuit Clerk of Justiciary,

ADIE, GEORGE, of Whitehouse. 13th June 1702.

Apprentice to Thomas Pringle. — Died January 1748. Mar. December 1706, Agnes, daughter of John Menzies of Cammo and Whitehouse, Advocate.

AIKENHEAD, ALEXANDER. 22d March 1630.

Apprentice to Andrew Hay.

AIKENHEAD, ALEXANDER. 26th January 1671.

Apprentice to James Chrystie. — Son of David Aikenhead, Writer in Edinburgh. Fiscal, 1678-83. Died 4th September 1705, aged 62.

AIKMAN, ANDREW. 26th July 1655.

Apprentice to Robert Pringle. — Re-admitted, 14th November 1661. Died January 1691.

AIKMAN, THOMAS, of Brimbleton. 18th December 1685.

Apprentice to NicoU Hardy. — Second son of John Aikman of Caimie. Mar. (1) Isabel, daughter of Richard Lermont of Whitelawhouse ; and (2) Margaret, daughter of James Winram of Libberton.

AINSLIE, JOHN.

Signs Minute of 17th January 1606.

AINSLIE, ROBERT, of Edingham. 9th July 1789.

Apprentice to Samuel Mitchelson. — Eldest son of Robert Ainslie of Darnchester, Berwickshire. Born 13th January 1766. Died 11th April 1838. Mar. (1) 3d January 1799, Jane, daughter of Colonel James Cunningham, of the Dutch Service; (2) 18th October 1837, Isabella, eldest daughter of Rev. Robert Munro, of Ullapool. Author of A Father's Gift to his Children, and other works.

AINSLIE, ROBERT. 18th June 1829.

Apprentice to George Combe. — Eldest son of Archibald Ainslie, Tenant in Peaston, Mid-Lothian. Bwn 1806. Died 11th December 1858, unmarried.

AITCHISON, WILLIAM KER 15th November 1832.

Apprentice to Henry Gordon Dickson. — Son of William Aitchison, Brewer at Kerfield. Born 10th March 1807. Died 26th February 1854. Mar. 12th July 1830, Jane, daughter of William Murray, Merchant, Edinburgh.

ALEXANDER, JOHN. 2d May 1634.

Apprentice to Hew Rose.

LIST OF MEMBERS $

ALEXANDER, JOHN. ----- 16th June 1655. '

Apprentice to James Tinto. — Re-admitted 11th April 1661. Died 1683.

ALEXANDER, JOHN. 20th November 1662.

Apprentice to Robert Alexander and John Bayne. — Died November 1711.

ALEXANDER, ROBERT.

Signs Minute of 17th January 1606. Keeper of the Signet, 26th December 1627. Died about 1630.

ALEXANDER, ROBERT. 2d April 1638.

Apprentice to John Mudie. — Son of John Alexander, Merchant Burgess of Aberdeen. Died 1667. Mar. (1) Jean Cargill; and (2) Janet Anderson. — Re- admitted 21st November 1660.

ALEXANDER, ROBERT, of Blackhouse. 30th June 1707.

Apprentice to Ronald Campbell. — Son of Mr. James Alexander of Blackhouse, Minister of Kilmalcolm. Died 23d May 1723. Mar. (1) Sophia, daughter of John Blair of Innerwick; (2) 8th January 1716, Margaret, daughter of Robert Alexander, Advocate. Principal Clerk of Session, 14th December 1715 till death.

ALEXANDER, WILLIAM. 30th November 1819.

Apprentice to John Archibald Campbell. — Son of Forrest Alexander, Merchant in Edinburgh. Born 1798. Died 21st December 1859. Mar. 18th October 1833, Jessie Mercer, eldest daughter of Alexander Gordon. Commissary Clerk of Edinburgh, 1850-60. Author of Digest of tlie Bankmptmj Act.

ALISON, JOHN. 23d November 1813.

Apprentice to David Wemyss. — Eldest son of Colin Alison, Writer in Montrose. Died 14th March 1836, aged 45, unmarried.

ALISON, JOHN. 25th June 1829.

Apprentice to Alexander Blair. — Son of John Alison, residing in Dundee. Died 19th February 1850, aged 62, unmarried.

ALISONE, ALEXANDER, of Birkhill. 15th June 1698.

Apprentice to John Strachan. — Son of Alexander Alisone of Birkhill, Fifeshire. Died September 1728.

ALISONE, ALEXANDER. 10th March 1719.

Apprentice to, and son of, Alexander Alisone, W.S. — Died 1st January 1728. Mar. Grizel, daughter of Thomas Wemyss, Advocate.

ALLAN, ALEXANDER. 15th January 1819.

Apprentice to George Robertson. — Third son of William Allan, Merchant in Edinburgh. Died 1st February 1871, aged 76. Mar.

ALLANE, JAMES. 20th June 1649.

Apprentice to Robert Pringle. — Died January 1693. Mar. Isobel Heriot. Treasurer, 1659-62. Re-admitted 2l8t November 1660.

* THE SOCIETY OF WEITEKS TO THE SIGNET

ALLARDICE, WILLIAM PATRICK. 28th January 1836.

Apprentice to John Mackenzie Lindsay. — Son of Captain William Allardice of

,,,;,; Murlingden. Bm-n 8th October 1807. Died 12th August 1876. Mar. (1) 25th

March 1834, Anna Maria, daughter of Captain John Macdiarmid; and (2) 12th

September 1854, Elizabeth, daughter of Hugh Colquhoun, Glasgow.

.A

ALLEN, CHARLES EDWARD. 24th June 1835.

Apprentice to Alexander Pearson. — Son of John Lee Allen of Errol Park ^or» 16th November 1810. Dt'ecZ at Montreal 4th July 1885, unmarried. \^

ALLESTER, DAVID. 28th June 1827.

Apprentice to Thomas Bums. — Son of William Allester, Writer in Edinburgh. Born 1802. Died 29th October 1851. Mar. 9th August 1838, Agnes, eldest daughter of Robert Paul, W.S.

ALSTON, GAVIN. 17th November 1815.

Apprentice to John Granger. — Son of John Alston, in Bothwellhaugh, Parish of

Bothwell. Died 16th May 1820. Mar. 20th August 1817, Jane, only daughter

of Captain Thomson, R.N.

lA

ALSTON, WILLIAM. 18th January 1749.

Apprentice to Alexander Stevenson of Montgreenan. — Died 5th April 1775. Mar.

Janet Clark. Deputy Auditor of Exchequer.

ALVES, ANDREW. 25th September 1722.

Apprentice to, and son of, William Alves, W.S. — Died 23d January 1760. '•''

ALVES, WILLIAM. 28th June 1700.

Apprentice to William Russell. — Died 7th September 1722. Mar. Ann Hamilton.

Under Keeper of the Signet, 9th November 1709. Joint Deputy-Keeper, 1710-1 1. "" Commissary of Dumfries. M.P. for Sanquhar, 1702-7.

ANDERSON, DAVID.

Commissioner, 26th December 1627. — Died about 1635.

ANDERSON, DAVID. 18th August 1731.

Apprentice to William Veitch. — Only son of Andrew Anderson, Writer in Edin- burgL Barn 1707. Died 11th January 1786. Mar. 5th November 1745, Mary, daughter of John Mitchelson of Middletou, Mid-Lothian.

ANDERSON, DAVID BROWN. 11th July 1867.

Apprentice to Mackenzie, Innes, and Logan. — Second son of William Anderson of Hallyards, Peeblesshire, Merchant in Leith. Born 22d March 1842.

ANDERSON, FRANCIS. 6th December 1773. . /

Apprentice to, and son of, David Anderson, W.S. — Died 27th April 1823, aged 76. Mar. (1) Miss Martin, and (2) Jane Easton. Deputy Auditor of Exchequer.

LIST OF MEMBERS 4ft

ANDERSON, FRxVNCIS. ' 1st July 1837, '

Apprentice to Tliomas Cranston. — Fifth son of John Anderson of Inchyra, Perthshire. Bom 19th August 1804. Dkd 18th December 1855. Mar. 24th October 1848, Henrietta Maria, daughter of Rev. Edward Law, D.D., British Chaplain at St. Petersburg.

ANDERSON, HUGH HODGSON. 14th January 1890.

Apprentice to Alexander Paterson Purves. — Younger son of James Anderson, Banker, Leith. Bom 24th January 1867.

ANDERSON, J.

Signs Minute of 17th January 1606.

ANDERSON, JAMES. 6th June 1691.

Apprentice to Robert Richardson. — Son of the Rev. Patrick Anderson, Minister at Welstoune. B<mi 5th August 1662. Died 2d April 1728. Mar. daughter of John Ellis of Elliston, Advocate. Author of Dlplomata Scot'm, and other works. Fiscal, 5th December 1698. Postmaster-General for Scotland from June 1715 to 29th November 1717.

ANDERSON, JOHN. 19th May 1629.

Son of David Anderson, W.S.

ANDERSON, JOHN, of Inchyra. 12th July 1779.

Apprentice to Samuel Mitchelson. — Third son of David Andei-son, W.S. Bmii 4th August 1754. Dud 18th June 1814. Mar. 10th August 1784, Janet, daughter of Samuel Mitchelson.

ANDERSON, JOHN. 24th May 1821.

Apprentice to James Carnegy. — Third son of Peter Anderson, Writer in Inverness. Born 1797. Died 13th November 1839. Mar. 22d April 1823, Elizabeth, only daughter of Alexander Mackenzie of Woodside.

ANDERSON, JOHN. 27th May 1824.

Apprentice to Thomas Cranston. — Fourth son of John Anderson, W.S. Born 15th June 1799. Died 4th May 1862. Mar. 15th October 1833, Harriet, second daughter of George Carr, of Newcastle.

ANDERSON, JOHN RAMSAY. 21st October 1874.

Apprentice to Frederick Pitman. — Son of Francis Anderson, W.S. Born 25th May 1851. Mar. 5th January 1875, Elizabeth Moore, only child of Admiral John Hay, of the Seggieden family.

ANDERSON, PATRICK. 2d December 1779.

Apprentice to Walter Scott. — Second son of James Anderson of Kingask and Newbigging, Advocate. Diec^ 24th December 1809, aged 54. Mar. 14th Septem- ber 1786, Susan, daughter of Rev. Gilbert Hamilton, D.D., Minister of Craraond.

6 THE SOCIETY OF WEITEES TO THE SIGNET

ANDERSON, PETER. 11th December 1828.

Apprentice to John Tweedie. — Youngest son of Adam Anderson, Merchant in Edinburgh. Bmn 1803. Died 23d November 1855. Mar. (1) 14th October 1834, Frances, daughter of Campbell Gardner, Edinburgh; (2) 2d December 1850, Agnes, youngest daughter of John Anderson, Henderland.

ANDERSON, ROBERT SMITH. 16th November 1831.

Apprentice to (1) Hugh Rollo ; (2) Robert W. Niven ; and (3) Anthony Murray. — Son of Donald Anderson, Macer to the Court of Justiciary. Born 23d May 1809. Died January 1868. Mar. 2d January 1839, Margaret Kelly, eldest daughter of James M'Farlane of Balwill, Stirlingshire.

ANDERSON, ROBERT TROTTER. 29th October 1888.

Apprentice to Graham C. Somervell.— Son of Thomas Anderson, Merchant, Edinburgh. Born 25th September 1864.

ANDERSON, ROBERT YOUNG. 13th November 1816.

Apprentice to William Inglis.— Eldest son of Robert Anderson, sometime Merchant in the island of Antigua, and afterwards in Edinburgh. Died 15th November 1851, aged 59, unmarried.

ANDERSON, SAMUEL. 12th June 1818.

Apprentice to, and second son of, John Anderson, W.S. — Bom 1791. Di^ 11th July 1849. Mar. (1) 30th August 1824, Anne, eldest daughter of James Milnes, Heatherwick House, East-Lothian; and (2) 15th May 1833, Charlotte Wilkinson.

ANDERSON, THOMAS SCOTT. 24th June 1830.

Apprentice to John Tweedie.— Son of Archibald Anderson, Merchant in Edin- burgh. Bm-n 1808. Died 14th September 1884. Mar. 15th July 1834, Hannah, daughter of James Lowthorp of Welton Hall, Yorkshire.

ANDERSON, WILLIAM. 24th June 1774.

Apprentice to Samuel Mitchelson. — Son of Andrew Anderson of Rashiegrain. Died 28th October 1785. Mar. 21st March 1775, Jenny, daughter of George Clerk Maxwell of DuncriefT, Dumfriesshire.

ANDERSON, WILLIAM. 28th November 1791.

Apprentice to William Dick. — Son of James Anderson, Merchant in Glasgow. Died 20th October 1796.

ANDRO, JOHN.

Commissioner, 16th December 1594.

LIST OF MEMBERS T

ANSTEUTHEE, JAMES, of Treesbank. 22d June 1826.

Apprentice to John Kerr.— Son of Colonel Robert Anstruther of the Royal Tay Fencibles. Bm-n 16th September 1803. Died 19th May 1867. Mar. (1) 27th March 1828, Marion, daughter of Sir John Anstruther, Chief-Justice of Bengal ; (2) 11th October 1866, Anabella Agnes, eldest daughter of Thomas Anderson of Glendrissaig, Ayrshire, Advocate.

ANTHONE, PATRICK. 12th February 1701.

Apprentice to James Camegy. — Died before 1708.

ARBUTHNOT, PETER. 13th November 1678.

Apprentice to Henry Graham. — Brother of Alexander Arbuthnot, Merchant, and one of the Bailies of Dundee. Died 6th March 1704, aged 52.

ARCHIBALD, HUGH, of Dankeith. 13th January 1681.

Apprentice to Archibald Nisbet. — Jlfar. Margaret Campbell. Di^ before 1705.

ARMOUR, JAMES. 2d December 1723.

Apprentice to (1) Robert Lines; and (2) Andrew Haliburton. — Died 23d August 1756. Mar. (1) Isobel Couter; and (2) June 1736, Euphemia, daughter of John Deans of Woodhouselee, Mid-Lothian.

ARNOTT, JAMES, of Leithfield. 21st November 1815.

Apprentice to John Campbell of Annfield. — Son of James Ariiott, Farmer in Arbikie, Forfarshire. Bom 1791. Died 21st December 1866. Mar. 31st October 1835, Emily Sophia, fourth daughter of Edward Fletcher of Corsock.

ARNOTT, JOHN. 20th December 1821.

Apprentice to John Campbell. — Died 5th April 1864, aged 70, unmarried.

ARNOTT, JOHN WALICER. 25th June 1829.

Apprentice to ^neas Macbean.— Son of David Walker Arnott, of Arlary, Kinross- shire. Born 21st August 1806. Died 23d March 1850, unmarried.

ARNOTT, THOMAS, of Chapel. 23d June 1817.

Apprentice to John Ferrier. — Eldest son of Robert Arnott of Chapel, Fifeshire. Died 27th March 1865, aged 73. Mar. 13th November 1838, Jane Arnot, youngest daughter of the Rev. Andrew Grant, D.D., one of the Ministers of St. Andrew's Church, Edinburgh.

ASHER, AUGUSTUS GORDON GRANT 15th July 1889.

Apprentice to Charles Morton and John Neilson. — Only son of John Gordon Asher, M.D., Surgeon-Major in Bengal Staff Corps. Bm-n 18th December 1861.

AUCHTERLONY, JOHN. 27th January 1699.

Apprentice to John Guthrie. — Died 21st February 1716. Mar. Marjory Graham.

8 THE SOCIETY OF WRITERS TO THE SIGNET

AULD, HUGH. 13th July 1871.

Apprentice to, and son of, John Auld, W.S. — Bom 25th March 1845.

AULD, JOHN. 28th November 1833.

Apprentice to John Mowbray. — Eldest son of Hugh Auld, Cashier of the Com- mercial Bank. Bmii 2d November 1810. Died 28th March 1875. Mar. 11th June 1844, Jane, youngest daughter of Robert Johnstone, Merchant, Port-Glasgow.

AULD, JOHN CARNEGIE, 29th October 1880.

Apprentice to Colin Mackenzie, A. D. M. Black, and J. M. Mackenzie. — Second son of John Auld, "W.S. Born 17th February 1854.

AUSTIN, ROBERT DAVID JARDINE MEIN. 14th January 1890.

Apprentice to Archibald Steuart. — Son of Rev. John Mein Austin, of St, Mungo. Bwn 4th July 1864. ^.

AYTOUN, ROBERT, of Capledrae. 9th June 1825.

Apprentice to James F. Gordon. — Youngest son of Major-General Aytoun of Inchdairnie. Bm'n 17th March 1799. Died 9th September 1874. Mar. 17th May 1844, Helene Louisa Adelaide, daughter of George Reid Maugham, London.

AYTOUN, ROGER, of Murieston. 8th July 1790.

Apprentice to Samuel Mitchelson, Junr. — Eldest son of William Aytoun, W.S. Died 16th March 1843, aged 76. Mar. 9th March 1807, Joan, daughter of James Keir of Kinmonth, Perthshire. Director in Chancery 1837-43.

AYTOUN, WILLIAM. 16th December 1760.

Apprentice to James Graham. — Second son of Roger Aytoun of Inchdairnie, Fifeshire. Died May 1780. Mar. 3d June 1766, Isobel, only daughter of Colonel Patrick Ekimonstone.

AYTOUN, WILLIAM EDMONDSTOUNE. 14th May 1835.

Apprentice to, and son of, Roger Aytoun, W.S. — Bom 21st June 1813. Died 4th August 1865. Mar. (1) 11th April 1849, Jane Emily, youngest daughter of Professor John Wilson, "Christopher North"; and (2) 24th December 1863, Feame Jemima, second daughter of James Kinnear, W.S. Author of Lays of tlie Scotti'yh Cavaliers, and other poems. Admitted Advocate, 20th November 1840, Professor of Rhetoric and Belles-Lettres in the University of Edinburgh, 1845. Sheriff of Orkney, 1852.

BABINGTON, WILLIAM. 17th October 1878.

Apprentice to James Lindesay, Junr. — Second son of Lieutenant-Colonel William Babington, 7th Hussars. Bo^ii 10th Januaiy 1856.

BAILLIE, ANDREW. 20th December 1682.

Apprentice to Archibald Nisljet.^i)i«(i before 1694.

LIST OF MEMBEES 9

BAILLIE, JAMES, of Hardington. 14th April 1694.

Apprentice to Audrew Baillie. — Son of Alexander Baillie of Hillhouse. Bom 1660. Died 28th July 1747. Mar. (1) Elizabeth, daughter of David Johnston, Merchant Burgess of Edinburgh ; and (2) July 1704, Anna, daughter of George Livingstone of Saltcoats, Haddingtonshire. Treasurer, 1710-14.

BAILLIE, JAMES WILLIAM, of Culterallers. 12th November 1847.

Apprentice to James Mackenzie, J. B. Innes, and John Logan. — Son of Robert Granbery Baillie of Culterallers. Bm-n 15th October 1824. Died 30th April 1880. Mar. 17th March 1857, Wilhelmina, daughter of John Ronald, S.S.C.

BAILLIE, JOHN. 7th September 1721.

Apprentice to John Stewart. — Son of James Baillie, Sherift-Clerk of Inverness. Bom 1689. Died 9 th January 1754. Mar. Catherine Dunbar.

BAILLIE, THOMAS, of Polkemmet. 3d May 1732.

Apprentice to Robert Hepburn. — Eldest son of Thomas Baillie of Polkemmet. Died 3d February 1785. Mar. Isobel, daughter of Mr. Alexander Walker, Minister of Kirkurd. Father of Sir William Baillie, Bart., Lord Polkemmet.

BAILLIE, WILLIAM. 19th November 1801.

Apprentice to Charles Innes. — Eldest son of William Baillie, Commissary Clerk of Brechin. Died 13th February 1855, aged 82. Mar. 25 th April 1808, Grace Margaret, daughter of John Mackenzie of Dolphinton, Lanarkshire. Sheriff- Substitute at Dumfries 1815-39.

BAILLIE, WILLIAM, of Falahill. 21st May 1829.

Apprentice to Melville Bui-d, Thomas Macmillan, and John MiUer. — Son of John Baillie, Edinburgh. Born 1805. Died 3d December 1876, unmarried.

BAILLIE, WILLIAM ROBERT. 2d June 1836.

Apprentice to Andrew Storie. — Son of William Baillie, W.S. Born 30th November 1812. Died 9th August 1858. Mar. (1) 4th October 1842, Maria Inglis, daughter of William Young, Writer in Kilmarnock; and (2) 15th February 1848, Elizabeth, daughter of Henry Johnston, Surgeon in Edinburgh.

BAIRD, JAMES, OF CHE.STERHALL. 19th July 1697.

Servitor to Sir James Ogilvie, Principal Secretary of State. — Eldest sou of John Baird, Bailie in CuUen. Died July 1741. Mar. (1) 1st July 1697, Margaret, daughter of John Anderson, Depute Clerk of Justiciary; (2) 15th August 1706, Jean Watson, of the family of Bilton Park, Yorkshire ; and (3) Mary, daughter of the Rev. James Oswald, minister of Watten.

BAIRD, JAMES JOHN. 20th December 1827.

Apprentice to Alexander Young. — Second son of James Baird of the Shotts Ironworks. Bmi 1804. Died 11th December 1831. Mwr. 14th April 1829, Ann, daughter of Alexander Dallas, W.S.

B

10 THE SOCIETY Of WRITHES TO THE SIGNET

BAIRD, JOHN.

Commissioner, 18th October 1631.

BAIRD, JOHN. 26th February 1824.

Apprentice to ^neas Macbean. — Son of John Baird of Camelou, Stirlingshire. Died at Calcutta 4th September 1842, aged 43, unmanned.

BAIRD, JOHN WARDEN. 4th July 1828.

Apprentice to John Ferrier. — Son of Thomas Walker Baird, Advocate. Bom 1799. Died 1st February 1875, unmarried.

BAIRNSFATHER, HUGH. 21st May 1806.

Apprentice to Harry Davidson. — Son of David Bairnsfather, Farmer in Harper- dean. Died 25th November 1812. Mar. 1806, Catherine, daughter of Robert Walker of Whitelaw, Haddington.

BAIRNSFATHER, PETER, of Dumbarrow. 17 th May 1832.

Apprentice to John Russell. — Eldest son of Hugh Baimslather, W.S. Bmii 27th May 1809. Died 31st May 1890. Mar. 7th July 1840, Sarah Every, daughter of Major William Miller, Royal Horse Guards.

BALCANQUALL, DAVID. 19th July 1695.

Apprentice to William Thomson. — Died 27th February 1702.

BALDERSTON, WILLIAM. 20th November 1778.

Apprentice to Walter Scott. — Son of George Balderston, Surgeon in St. Christopher's and afterwards in Edinburgh. Died 2d Januaiy 1818. Mar. 29th March 1796, Helen, second daughter of William Charles Little Gilmour of Craigmillar, Mid-Lothian.

BALDERSTON, WILLIAM CHARLES. 25th November 1824.

Apprentice to (1) William Balderston, and (2) William Scott. — Eldest son of William Balderston, W.S. Died 19th April 1851, aged 52, unmarried.

BALFOUR, ANDREW. 3d November 1686.

Apprentice to George Dallas of 'Si. ]\Iiirtins. — Died November 1697. Mar.

(1) Elizabeth, daughter of George Bayne, Merchant Burgess, Edinburgh ; and

(2) Margaret, eldest daughter of John Wedderbum of Blackness, Forfarshire.

BALFOUR, CHARLES. 9th July 1821.

Apprentice to Hugh James Rollo. — Son of John Balfour, Merchant in Glasgow. Born 4th January 1798. Died 22d May 1856. Mar. 1842, Charlotte, daughter of Dugald Macgregor, Merchant, Greenock.

BALFOUR, DAVID, of Somerside. 19th July 1779.

Apprentice to Samuel Mitchelson. — Third son of William Balfour of Trenaby, Orkney. Born 8th November 1754. Died 25th May 1813. Mar. Marion, daughter of George M'Intosh of Dunchattan.

LIST OF MEMBEES 11

BALFOUR, DAVID, of Trenaby. 29th June 1837.

Apprentice to John Mowbray. — Son of William Balfour of Ellwick, Orkney. Bam 14th October 1811. Dkd 19th November 1887. Mar. 12th December 1844, Eleanor Alder, daughter of Captain Samuel Barker Edmeston: Author of Odd Rights and Feudal Wrongs: A Mevunial /<»■ Oi-kney. Convener for the County of Orkney, 1854-87.

BALFOUR, GEORGE. 12th March 1736.

Apprentice to (1) John Mein, and (2) Alexander Stevenson of Montgreenan. — Son of James Balfour of Pilrig. Died 28th March 1751. Mar. October 1739, Ann, daughter of Alexander Stevenson of Montgreenan, W.S.

BALFOUR, JAMES. 26th June 1769.

Apprentice to John Davidson. — Eldest son of George Balfour, W.S. Died 24th November 1806.

BALFOUR, JAMES, of Pilrig. 17th February 1800.

Apprentice to James Gibson. — Eldest son of John Balfour, younger of Pilrig. Born 7th January 1774. Died 20th March 1860. Mar. 24th February 1806, Anne, daughter of Captain John Mackintosh of Corribrough, Inverness-shire.

BALFOUR, JAMES. 6th June 1839.

Apprentice to, and second son of, James Balfour of Pilrig, W.S. — Born 17th February 1815. Mar. 15th August 1844, Eliza Ogilvy, daughter of James Heriot of Ramomie, Fifeshire, W.S.

BALFOUR, JAMES HERIOT. 15th October 1873.

Apprentice to, and eldest son of, James Balfour, W.S. — Bom 8th July 1845. Mar. 21st November 1878, Mary Louisa, elder daughter of Sir David Dundas of Beechwood and Dunira, Bart.

BALFOUR, JOHN.

Signs Minute of 17th January 1606. DM about 1628.

BALFOUR, JOHN LEWIS GRAHAM. 1st June 1820.

Apprentice to James Gibson. — Son of John Balfour of Sauchrie. Died 4th April 1866, aged 71. Mar. 5th October 1824, Alexis, eldest daughter of Charles Mercer, Allan Park, Stirling.

BALFOUR, LESLIE MELVILLE. 17th July 1879.

Apprentice to James Mylne. — Sixth son of James Balfour, W.S. Bo)-n 9th March 1854. Mar. 25th November 1879, Jeaiiie A., eldest daughter of William Wilson, M.D., and niece of the Right Hon. John Inglis, Lord Justice-General.

12 THE SOCIETY OF WEITEES TO THE SIGNET

BALFGUR-MELVILLE, JOHN MACKINTOSH, of Pilrig and Strathkinness.

5th March 1835. Apprentice to, and eldest son of, James Balfour of Pilrig. — Born 23d September 1811. Mar. 21st September 1841, Anne, daughter of Harry Rainy, M.D., Professor of Forensic Medicine in the University of Glasgow.

BALFOUR, WILLIAM. 27th June 1820.

Apprentice to James Hamilton. — Son of William Balfour, Surgeon in Edinburgh. Brn-n 1794. Died 30th September 1873, unmarried.

BALLANTYNE, WILLIAM, of Shirva. 30th June 1801.

Apprentice to John Hunter. — Second son of James Ballantyne, Merchant in Glasgow. Died 1st May 1827.

BALLINGAL, ANDREW HUNTER. 6th June 1867.

Apprentice to John Dundas, William Wilson, and A. M. Bell. — Second son of William Ballingal, Factor, Sweetbank, Fifeshire. Born 21st July 1841. Mar. 6th September 1876, Ellen, elder daughter of Archibald Bums and Ellen Caroline Macpherson Macdonald of Glencoe.

BALLINGALL, GEORGE. DAVID. 15th July 1886.

Apprentice to William Stuart Eraser.— Eldest son of David Ballingall, Factor, Blair-Drummond, Perthshire. Bmi 2d March 1852. Mar. 17th April 1888, Annie Niven Maclean, daughter of Robert K. Mastertoii, Edinburgh.

BANNATYNE, JAMES, of Kiretoun of Newtyle.

Son of Thomas Banuatyne, Senator of the College of Justice. Commissioner, 4th December 1595. Depute Clerk of Justiciary.

BANNATYNE, JOHN.

Signs the Acts 26th December 1627.

BANNATYNE, or BALLANTYNE, PATRICK. Commissioner, 1st June 1607.

BANNERMAN, ALEXANDER. 18th September 1714.

Apprentice to Andrew Haliburton. — Died about 1724.

BANNERMAN, CHARLES. 5th July 1742.

Apprentice to George Chalmers. — Second son of Patrick Bannerman, Merchant, and Lord Provost of Aberdeen. Died 6th February 1747, unmarried.

BANNERMAN, JAMES PATRICK. 24th October 1879,

Apprentice to the Hon. J. W. Moncreiff. — Second son of the Rev. James Bannerman, D.D., Professor of Divinity, New College, Edinburgh. Bm-n 8th August 1854.

LIST OF MEMBERS 13

BAEBOUR, PETER. 29th July 1633.

Apprentice to Robert Wallace. — Died before 1669. Mar. Isabell Carmichaell. Re-admitted 21st November 1661.

BARCLAY, ANTHONY. 20th June 1769.

Apprentice to Alexander M'Millan. — Son of John Barclay, Writing-master in Dundee. Died 27th September 1811. Mar. 22d December 1801, Grace, eldest daughter of the Rev. Patrick Grant, Minister of Cromdale.

BARCLAY, JAMES ROBERTSON, of Keavil. 25th February 1740.

Apprentice to Hew Crawford. — Son of George Robertson of Craigarnhall. Died 8th July 1792. Mar. 24th September 1744, Isobel, second daughter of Robert Wellwood of Garvock, Fifeshire.

BARRON, GEORGE. 4th June 1829.

Apprentice to (1) Robert Burnett, and (2) Alexander Donald. — Son of John Barron, Aberdeen. Died 11th August 1851, aged 51. Mar. 26th December 1837, Elizabeth, second daughter of Alexander Adie, Optician, Edinburgh.

BAUCHOP, JAMES CALDER. 10th December 1840.

Apprentice to Robert Rutherford. — Only son of Robert Bauchop, residing at Dens, near Bo'ness. Born 1814. Died 1852, unmarried.

BAXTER, CHARLES. 27th July 1871.

Apprentice to (1) Edmund Baxter, and (2) T. G. Murray and J. A. Jamieson. — Son of Edmund Baxter, W.S. Born 27th December 1848. Ma/r. 24th July 1877, Grace Roberta Louisa, youngest daughter of Major-General Robert Stewart, H.E.I.C.S.

BAXTER, EDMUND. 11th July 1837.

Apprentice to Allan Macdougall. — Born 12th April 1813. Mar. 30th March 1847, Mary, daughter of William Turnbull of Forthbank, Stiilingshire. Auditor of the Court of Session, 1866.

BAXTER, JAMES. 5th December 1811.

Apprentice to John Dundas. — Son of the Rev. Colin Baxter, Minister of Monzievaird. Died 18th May 1864, aged 78, unmarried.

BAYLEY, GEORGE. 18th June 1856.

Apprentice to Thomas Elder M'Ritchie. — Eldest son of Isaac Bayley of Manuel, Stirlingshire, S.S.C. Born 12th October 1831. Mar. 24th March 1863, Helen Christian, youngest daughter of William Hunt of Navity, Fifeshire, W.S.

BAYNE, JOHN.

Signs the Acts 26tb December 1627.

14 THE SOCIETY OF WEITEES TO THE SIGNET

BAYNE, JOHN. 25th February 1635.

Apprentice to Cuthbert Miller. — Second son of John Bayne, W.S. Struck off the Roll of Society, 8th January 1666, having been appointed Sheriff-Clerk of Berwickshire.

BAYNE, JOHN, of Pitcairly. 9th January 1655.

Apprentice to John Semple. — Son of Donald Bayne. Died 28th January 1681, aged 60. Mar. Euphan Aikman, sister of Andrew Aikman, "W.S. Ke-admitted 8th July 1661.

BAYNE, JOHN. 9th June 1825.

Apprentice to John Mowbray. — Son of John Bayne, Schoolmaster in Leith. Born 1795. Died 10th May 1843. 3Iar. 20th July 1831, Jessie, daughter of James Cassie of Banff. Lecturer on Conveyancing to the Juridical Society.

BEATOUN, ALEXANDER, of Langhermiston. 13th March 1650.

Apprentice to Alexander Douglas. — Second son of Alexander Beatoun, Burgess of Anstruther. Died 9th November 1672, aged 57. Mar. 1642, Marjory Kennedie. Re-admitted 21st November 1661.

BEATSON, ALEXANDER. 20th June 1793.

Apprentice to Alexander Mackenzie. — Son of the Rev. David Beatson, Minister of Dunbamey. Died 10th October 1806.

BEATSON, ROBERT. 13th May 1869.

Apprentice to Alexander Hamilton and George Thomas Kinnear. — Son of Robert Beatson, Writer in Edinburgh. Born 1st November 1833. Mar. 21st October 1879, Mary Editha, second daughter of Robert Tod, M.D., Dysart.

BEGG, ANDREW VANNAN, B.L. 16th July 1889.

Apprentice to R W. Wallace. — Son of John Begg, Ironmaster, Kinniel, Bo'ness, Bom 15th April 1857.

BEITH, DONALD. 17th July 1862.

Apprentice to James Greig and Charles Morton. — Son of Gilbert Beith, residing in Lochgilphead. Bo)-n 25th November 1815. Mar. 16th November 1870, Mina Maria, third daughter of James Balfour, and widow of Andrew Murray, Jun., W.S. Admitted S.S.C. 1850.

BEITH, ROBERT DONALD. 19th July 1872.

Apprentice to Andrew Murray, Junr., and Donald Beith, his uncle. — Son of the Rev. Alexander Beith, D.D., Minister of the Free North Church, Stirling. Bm-n 16th October 1844.

BELL, ALAN RUTHERFORD, of Hillowton. 6th February 1888.

Apprentice to David Wardlaw. — Son of John Bell of Hillowton, Kirkcudbright- shire. Born Ist November 1862.

LIST OF MEMBERS 15

BELL, ALEXANDER MONTGOMERIE. 5th March 1835.

Apprentice to James Dundas. — Son of John Bell, Merchant in Paisley. Bom 4th December 1809. Died 19th January 1866. Mar. 21st June 1836, Margaret, eldest daughter of Hugh Colquhoun, Merchant in Glasgow. Professor of Conveyancing in the University of Edinburgh, 1856-66. Author of Lectures on Conveyancing.

BELL, BENJAMIN WILLIAM. 13th June 1833.

Apprentice to, and son of, William Bell, W.^.—Bmii 23d July 1810. Died 22d August 1840, unmarried.

BELL, CARLYLE 6th March 1810.

Apprentice to Thomas Cranston. — Youngest son of Thomas Bell, Merchant in London. Died 27th August 1850, aged 71. Mar. (1) 25th December 1806, Joan, daughter of the Rev. Robert Home, Minister of Polwarth; and (2) 13th July 1821, Jean Dickie, eldest daughter of Charles Cuningham of Newholm, W.S.

BELL, CHARLES, of Craigfoodie. 19th August 1700.

Apprentice to William Dykes. — Son of Robert Bell, W.S. Died May 1731. Mar. April 1706, Elizabeth, daughter of the Rev. Andrew Ury, Minister of Muiravonside.

BELL, CHARLES YOUNG BEATSON. 13th November 1862.

Apprentice to, and son of, John Beatson Bell, W.S.—£mi 1835. Died 26th April 1868, unmarried.

BELL, GIDEON WILLIAM, of Fourtoun. 30th June 1831.

Apprentice to William Scott and Gilbert Laurie Finlay. — Son of William Bell, Farmer, Swintonhill, Berwickshire. Bwn 14th August 1805. Died 4th March 1887. Mar. 10th October 1855, Barbara Leonora, second daughter of General Alexander Dirom. *

BELL, HAMILTON. 8th August 1785.

Apprentice to Walter Ross.— Son of John Bell, Stabler in Edinburgh. Died 6th May 1807.

BELL, JOHN. 23d June 1757.

Apprentice to Hew Crawford.— Second son of John Bell of Alderston. Died 12th July 1776. 3Iar. 14th March 1774, Clementina, daughter of John Blair of Dunskey, Wigtownshire.

BELL, JOHN, OF Greenhill. 24th November 1774.

Apprentice to John Bell.— Eldest son of Richard Bell of Between-the- Waters. Died 1776.

16 THE SOCIETY OF WEITEES TO THE SIGNET

BELL, JOHN, OF Craigeoch. 8th May 1798.

Apprentice to James Dundas. — Eldest son of John Bell, W.S. Died 15th November 1852, unmarried.

BELL, JOHN, OF Castlecreavie. 21st January 1874.

Apprentice to William Waddell. — Son of William Bell of Gribdae, Kirkcud- brightshire. Born 17th July 1848. Mar. 14th April 1879, Agnes, eldest surviving daughter of James Newall of Goldielea, Kirkcudbrightshire. Deputy Keeper of the Great Seal, 1882.

BELL, JOHN BEATSON, of Kilduncan. 28th Febniary 1828.

Apprentice to Charles Nairne. — Eldest son of the Rev. Andrew Bell of Kildun- can, Minister of Crail. Born 1802. i^i«(n 5th May 1868. ilfar. 16th December 1830, Ann, eldest daughter of Charles Young, Merchant in Leith.

BELL, JOHN MONTGOMERIE. 27th November 1862.

Apprentice to, and sou of, Alexander Montgomerie Bell, W.S.—Born 28th May 1837. Mar. 26th July 1870, Elizabeth Jane, daughter of Henry Simpson, Selville, Portobello.

BELL, MATTHEW MONTGOMERIE. 26th May 1864.

Apprentice to John Dundas, William Wilson, and Alexander Montgomerie Bell. — Son of John Montgomerie Bell, Advocate, Sheriff of Kincardineshire. Born 5th March 1840. 3Iar. 4th April 1877, Jane Caroline, second surviving daughter of James Cockburn, Rampore, Bauleah, Bengal.

BELL, RICHARD, of Castle O'er and Crurie. 2d August 1859.

Apprentice to James Steuart. — Son of George Graham Bell of Crurie, Advocate. Bom 12th September 1833. Mar. (1) 29th July 1864, Jane, daughter of William Aitchison of Briery Hill; (2) 19th June 1878, Margaret Elizabeth, daughter of Captain David Marshall, H.E.I.C.S. ; and (3) 14th September 1880, Henrietta May, second surviving daughter of S. H. May Somerville of Whitecroft.

BELL, ROBERT. 22d June 1784.

Apprentice to William Macdonald. — Eldest son of Rev. William Bell, one of the Ministers of Edinburgh. Died Ist November 1816. Mar. Mary Hamilton, granddaughter of Claud Hamilton, Writer, Maybole. Admitted Advocate, 4th July 1812. Lecturer on Conveyancing. Author of A Dictionary of the Law of Scotland, and other legal works.

BELL, ROBERT. 29th November 1673.

Apprentice to Patrick Don. — Died February 1685. Mar. March 167^, Margaret Lumsden.

LIST OF MEMBEES 17

BELL, ROBERT CEAIGIE. 26th May 1864.

Apprentice to John Ord Mackenzie and William Robert Baillie. — Second son of Benjamin Bell, Surgeon in Edinburgh. Bm-n 13th September 1840. Mar. 20th July 1866, Isabella Moubray, daughter of Rev. Lewis Hay Irving, Free Church Minister, Falkirk.

BELL, WILLIAM. 16th June 1807.

Apprentice to Hugh Corrie. — Third son of Benjamin Bell of Hunthill, Surgeon in Edinburgh. Bmrn 1783. Mar. 11th September 1809, Margaret Jane, daughter of John Craigie of Glendoick. Died 19th June 1849. Crown Agent, 1840-1.

BENNET, JAMES 11th December 1828.

Apprentice to Alexander Robertson. — Son of James Bennet, Merchant in

Buckie. Died 1859, aged 65. Mar. 25th April 1825, Margaret, only daughter of William M'Kimmie, Elgin.

BENNETT, ALEXANDER. 5th March 1835.

Apprentice to, and eldest son of, William Bennett, W.S. — Born 25th September 1811. Died 17th February 1855. Mar. 9th March 1846, Isabella Nelson.

BENNETT, WILLIAM. 18th November 1817.

Apprentice to Thomas Scott. — Son of Andrew Bennett, Farmer at Brunstane, Mid-Lothian. Died 7th January 1843, aged 62.

BERRY, WILLIAM, of Tayfield. 16th January 1798.

Apprentice to (1) Lawrence Hill and (2) Harry Davidson. — Son of John Berry of Bogie and Tayfield, Fifeshire. Born 23d March 1774. Died 9th December 1852. Mar. 23d September 1823, Isabella Henderson.

BERTRAM, JOHN PRIMEROSE. 11th June 1829.

Apprentice to James Nairne. — Eldest son of John Bertram, Com Merchant in St. Andrews. Bom 1803. Died 16th October 1849. Mar. 1st October 1833, Georgina, third daughter of James Turnbull.

BEVERIDGE, JAMES. 18th December 1826.

Apprentice to (1) Robert Graham and (2) Adam M'Cheyne. — Son of William Beveridge, W.S. Bwn 1800. Died 16th August 1869. Mar. (1) Louisa Fuche ; and (2) 4th September 1855, Matilda Wynne.

BEVERIDGE, THOMAS KNOX. 27th June 1833.

Apprentice to John Murray. — Son of Thomas Beveridge, Writer in Edinburgh Born 1st August 1807. Died 11th April 1858. Mar. 22d April 1834, Ann, youngest daughter of Dr. Patrick Mushet, of Birkhill, Stirlingshire.

BEVERIDGE, WILLIAM. 8th August 1785.

Apprentice to James Thomson. — Second son of James Beveridge, Writer in Edinburgh. Died 5th Jufie 1807, aged 43. Mar. Barbara May.

c

18 THE SOCIETY OF WKITEES TO THE SIGNET

BICKARTOUN, HAERY.

Commissioner 16th December 1594. Fiscal, 1598-1604. Mar. Violet Tuedy.

BILTON, LEWIS. 16th November 1871.

Apprentice to John M. Lindsay and Alexander Howe. — Son of Captain Lewis Bilton, R.N. Born 16th October 1843. Mar. 11th June 1873, Hannah Marion, youngest daughter of John Doriin Grayson, Shipbuilder, Liverpool.

BINNING, ALEXANDER MONRO, of Auchenbowie. 5th March 1829.

Apprentice to James Dundas. — Son of David Monro Binning of Softlaw. Born 28th May 1805. 3far. 4th August 1835, Harriet, daughter of Dr. Alexander Monro of Craiglockhart, Mid-Lothian.

BINNY, GRAHAM. 12th November 1829.

Apprentice to James Laidlaw Mitchell. — Son of Andrew Binny of the Excise, Dundee. Bmii 2d August 1800. Died 12th November 1882. Mar. 31st July 1826, Marianne, daughter of Thomas Kyd, of the Exchequer, Edinburgh.

BINNY, JOHN. 15th March 1861.

Apprentice to, and son of, Graham Binny, W.S. — Born 6th July 1837. Died 13th July 1873. Mar. 26th August 1869, Euphemia Bremner, daughter of David Crole, Solicitor to Inland Revenue, Edinburgh.

BIRRELL, GEORGE. 1st July 1824.

Apprentice to (1) Henry Moncreiff, and (2) James Stuart. — Son of George Birrell, of Hon. East India Company's Service. Boi-n 1800. Vied 9th March 1837. Mar. 29th December 1832, Lucy, eldest daughter of Hon. Charles Chip- chase, Comptroller of the Customs, island of St. Lucia. Barrister of the Inner Temple and Senior Member of Legislative Council of St. Lucia; Attorney- General of Bahamas.

BIRS, SAMUEL. \

Signs Minute of 17th January 1606. — Son of Alexander Birs, Tailor Burgess of Edinburgh. Died 25th December 1616.

BISHOP, WILLIAM CLARK. 18th January 1877.

Apprentice to John Dundas and William Wilson. — Son of John Baillie Bishop, Secretary of the Royal Bank of Scotland. Bom 10th November 1849. Mar. 14th October 1880, Mary, daughter of John Jamieson of Kingask, Fifeshire.

BISSET, HABAKKUK.

Reputed Author of Ane sluyrt form of Process, 1609. — Clerk to Sir John Skene, Lord Clerk Register. Suspended for having no gown 9th March 1610. Was one of the greatest oddities of his time.

BISSET, ROBERT.

Mentioned 1609.

LIST OF MEMBERS 19

BLACK, ALEXANDER DAVID MARTIN. 29th November 1866.

Apprentice to (1) David M. Black, and (2) Colin Mackenzie. — Son of the Rev. Patrick Black, residing at Worcester, Cape Colony. Born 24th September 1843. Mar. (!) 6th December 1866, Catherine Gibson Ramsay, only daughter of James Hackings, Inveresk; and (2) 10th September 1872, his cousin, Mary Helen, only daughter of Alexander Schulze, M.D., Victoria.

BLACK, ALEXANDER WILLIAM. 19th October 1885.

Apprentice to John William Young and John Blair. — Son of the Rev. James Black, Minister of the Free Church of Dunnikier. Bwn 28th February 1859. Mar. 17th October 1888, Ellinor, youngest daughter of Admiral Thomas Wilson, C.B., Edinburgh.

BLACK, DAVID MARTIN. 20th December 1821.

Apprentice to Alexander L. Ramage, John Blair, and William Bell. — Second son of the Rev. Alexander Black, Minister of the Associate Burgher Congregation at Musselburgh. Dkd 5th April 1865, aged 68, unmarried.

BLACKBURN, RICHARD FREDERICK. 29th October 1880.

Apprentice to C. Mackenzie, A. D. M. Black, and J. M. Mackenzie. — Son of Robert Bogle Blackburn, Advocate, Sheriff of Stirling and Dumbarton. £or7i 17th July 1854. Died 18th September 1884, unmarried.

BLACKIE, DAVID. 30th November 1819.

Apprentice to James Little. — Second son of Robert Blackie, Merchant in Kirk- cudbright. Born 1795. Died 2d September 1832. Mar. 2d August 1825, Margaret, only daughter of David Briggs of Strathairly, Fifeshire. Editor Edin- burgh Evening Post.

BLACKWOOD, JAMES. 21st December 1837.

Apprentice to Donald Home. — Son of William Blackwood, Publisher in Edin- burgh. Boi-n 6th July 1814. Died 17th October 1871, unmarried.

BLAIR, ALEXANDER. 14th July 1628.

Apprentice to Robert Wynram.

BLAIR, ALEXANDER, of Dunrod. 22d November 1790.

Apprentice to John Hunter. — Only sou of Hugh Blair of Dunrod, Kirkcudbright- shire. Bm-n 8th September 1766. Died 24th June 1844. Mar. 24th July 1800, Agnes, second daughter of Sir David Maxwell of Cardoness, Bart.

BLAIR, ALEXANDER STEVENSON. 28th October 1889.

Apprentice to J. P. Wright and R. B. Blyth. — Eldest son of Patrick Blair, Advocate, Sheriff-Substitute of Inverness-shire. B&rn 3d June 1865.

BLAIR, GAVIN, of Braxfield.

Brother of Rev. James Blair, Minister of Port Montgomerie. Died 1632. M.P. Lanark, 1617-1621. Purchased lands of Braxfield 1613.

so THE SOCIETY OF WKITEES TO THE SIGNET

BLAIR, GAVINE. 9th June 1629. ^

Apprentice to Sir William Scott of Elie and Arthur Hamilton.

BLAIR, HUGH, of Auchenreoch. 22d November 1827.

Apprentice to, and son of, Alexander Blair, W.S. — Born 2l8t March 1806. Died 5th January 1878. Mar. 8th November 1833, Ann Gordon, daughter of Patrick Sanderson, of Sir William Forbes and Company, Bankers, Edinburgh.

BLAIR, JOHN. 21st December 1809.

Apprentice to Robert Boswell. — Eldest son of John Blair of Gavshake, Merchant in Glasgow. Born 1779. Died 21st April 1858. Mar. 24th December 1813, his cousin, Margaret, third daughter of Horatius Cannan, W.S.

BLAIR, JOHN. 17th October 1878.

Apprentice to John William Young. — Second son of William Blair, Dairy, Ayr- shire.—.B(?r» 22d December 1839. Mar. 22d June 1869, Ann MiUer, youngest daughter of James Mather, Mariouville, Trinity.

BLAIR, PATRICK. . 9th February 1860.

Apprentice to James Shepherd, T. M. Grant, and William Cuthbertson.— Second son of Hugh Blair, W.S. Born 4th October 1836. Mar. 3d December 1873, Hon. Eleonora Jane Ross, daughter of James, Lord Moncreiff of Tulliebole.

BLAIR, WILLIAM. 9th August 1782.

Apprentice to Isaac Grant. — Second son of William Blair of Thomhill. Died 12th May 1800. Mar. Ann Blair.

BLANE, ANDREW, of Blanefield. 24th November 1774.

Apprentice to Allan Clarke. — Eldest son of Gilbert Blane of Blanefield. Born 1744. Died 9th October 1839, unmarried. Sheriff-Clerk of Ayrshire, 1815-21.

BLYTH, ROBERT BRITTAIN. 19th April 1876.

Apprentice to Alexander Hamilton, G. T. Kinnear, and Robert Beatson. — Second son of Benjamin Hall Blyth, Civil Engineer in Edinburgh. Born 13th December 1850. Died 8th September 1886, unmarried.

BOGLE, ANDREW. 26th May 1842.

Apprentice to Harry Davidson. — Son of Andrew Bogle, Cashier of the Royal Bank of Scotland. Barn 23d March 1811. Dial 4th October 1871. Mar. 7th April 1863, Margaret Robertson, daughter of John M'Kean, W.S.

BOGLE, JOHN, of Bogleshole. 22d September 1713.

Died September 1743. Clerk, 21st January 1712. Mar. Isobel Henderson.

BOGUE, JOHN, OF Hallydown. 21st June 1787.

Apprentice to Thomas Cockburn. — Son of John Bogue of Hallydown, Berwick- shire. Bffrn 1740. Died 7th September 1818. Mar. August 1767, Margai-et, daughter of Henry Anderson, farmer, Broughton, Edinburgh.

LIST OF MEMBERS r- 21

BONAR, HORATIUS. 22d January 1874.

Apprentice to Thomas Thomson and David Scott Dickson. — Third son of Rev. John James Bonar, D.D., Minister of St. Andrew's Free Church, Greenock. Bwn 31st July 1843. Mar. 25th July 1883, Mary, younger daughter of Thomas Thomson, W.S.

BONAR, JAMES. 22d November 1827.

Apprentice to Charles Tawse. — Eldest son of James Bonai', Solicitor of Excise, Edinburgh. Bom 1801. Died 11th July 1867. Mar. 7th December 1859, Caroline, daughter of Alexander Glennie, of Maybank, Aberdeenshire.

BOOTH, JOSEPH. 9th December 1830.

Apprentice to James Shepherd. — Son of George Booth, residing at Springbank, near Aberdeen. Died August 1871, aged 68, unmarried.

BORTHWICK, JAMES.

Commissioner, 16th December 1594. Died circa 1606.

BORTHWICK, LOUIS. 28th February 1828.

Apprentice to William Bell. — Third son of John Borthwick of Crookston, Mid-Lothian. Born 1801. Died 22d September 1876. Mar. 19th July 1844, Susan, third daughter of John Westgarth, Surveyor of Customs.

BOSWELL, ALEXANDER. 8th December 1808.

Apprentice to, and second son of, Robert Boswell, W.S. — Born 1781. Died 30th August 1850. Mar. 30th August 1803, Mary, daughter of John Sandeman, Perth. Sheriff-Substitute of Berwicksliire, 1836-50.

BOSWELL, ROBERT, of St. Boswells. 25th February 1773.

Apprentice to Thomas Tod. — Second son of Dr. John Boswell, Pliysician in Edinburgh. Bm-ii 30th January 1746. Dial 1st April 1804. Mar. June 1769, Sibella, daughter of William Sandeman, Merchant, Pertli. Lyon Depute and Clerk, 2d November 1770.

BOW, HENRY HARDIE. 17th November 1825.

Apprentice to Alexander Douglas. — Second son of Robert Bow, Merchant in Edinburgh. Died 24th November 1826.

BOW, JOHN MACKENZIE. 11th April 1887.

Apprentice to Patrick William Campbell. — Eldest son of Dr. John Campbell Bow, Deputy Surgeon-General in the Bengal Army. Born 7th May 1863.

BOWIE, JOHN, OF Camsiscan. 7th July 1815.

Apprentice to Donald Maclean. — Son of William Bowie of Camsiscan, Ayr. Disd 28th January 1862, aged 70. Mar. 15th March 1813, Maxwell Margaret, daughter of Captain Duncan Macdougall of Ardentrive, Argyllshire. Solicitor to Inland Revenue.

fat THE SOCIETY OF WEITERS TO THE SIGNET

BOYD, ALEXANDER. 4th March 1826,

Apprentice to Francis Wilson. — Son of William Boyd, W.S. Born 1802. Lied 28th November 1840. Mar. 23d September 1828, Lucy Frances, only daughter of Major John Duddingston, 28th Regiment.

BOYD, GEORGE WILLIAM. 12th December 1816.

Apprentice to Henry Jardine. — Son of William Boyd of Marchhill, Dumfriesshire. Bom 1794. Died November 1882. Mar. 14th May 1850, Mary Ann Bennet.

BOYD, MURDOCH. 16th January 1888.

Apprentice to John Hope Finlay. — Son of John Boyd, Publisher, Edinburgh. Bm-n 20th March 1865.

BOYD, ROBERT, Younger of Drum. 19th November 1801.

Apprentice to David Balfour. — Son of Robert Boyd of Drum. Died 10th December 1815.

BOYD, WILLIAM, of Hillhousefield. 4th December 1794.

Apprentice to James Thomson. — Son of Archibald Boyd, of the Hon. East India Company's Service. Died 21st June 1846, aged 74. Mar. 14th March 1798, daughter of Alexander Brown, Merchant, Edinburgh.

BOYD, WILLIAM. 15th July 1886.

Apprentice to Robert Bruce Johnston. — Son of John Boyd of Maxpoffle, Roxburgh- shire, Lord Provost of the City of Edinburgh, and Isabella, daughter of John Lawson of Caimmuir, Peeblesshire, W.S. Bm-n 25th November 1861. Mar. 16th July 1890, Laura, younger daughter of John Crerar, Halifax, Nova Scotia.

BOYD, WILLIAM MITCHELL. 8th July 1828.

Apprentice to Alexander Monypenny. — Son of John Boyd of Broadmeadows, Selkirkshire. Born 29th August 1804. Mar. 4th August 1841, Anne, daughter of Dr. James Hamilton, Professor of Midwifery, University of Edinburgh.

BOYES, THOMAS. 15th September 1704.

Apprentice to David Balcanquall.— Fiscal, 1710-17. Died about 1718. Mar. 19th April 1708, Grizel, daughter of James Hay of Carriber, Linlithgowshire.

BRAND, WILLIAM. 10th July 1834.

Apprentice to Scott, Finlay, and Balderston.— Son of Charles Brand, Farmer in the parish of Peterhead. Born 5th January 1807. Died 18th October 1869. Mar. 19th July 1848, Eleanor Bruce, youngest daughter of Captain Bruce Mitchell, H.E.I.C.S. Secretary of Union Bank of Scotland.

BREMNER, CHARLES. 8th July 1790.

Apprentice to William Balderston. — Son of James Bremner, S.S.C, Edinburgh. Born 4th June 1768. Died 1st August 1857. Mar. 1834, Isabella, daughter of Thomas Pender, Comptroller of Stamps and Taxes. ' '

LIST OF MEMBERS 23

BREMNER, HUGH. 7th June 1825.

Apprentice to Charles Bremner. — Son of Hugh Bremner, Accountant in Edin- burgh. Boi-n 1802. Died 2Uh August l8Qd. ifar. 11th June 1833, Catherine, daughter of Robert Menzies of Trinity.

BRIDGES, DAVID JAMES. 6th March 1845.

Apprentice to, and son of, James Bridges, W.S.—Born 26th August 1821. JJied February 1852, unmarried.

BRIDGES, JAMES. 22d June 1810.

Apprentice to James Hay. — Fourth son of David Bridges, Merchant in Edin- burgh. Died 6th May 1865, aged 80. Mar. (1) 18th August 1817, Jane, youngest daughter of Lieutenant-Colonel Macdonald, Royal Marines; and (2) 18th September 1838, Mrs. Jane Mary M'Kerras Gracie, of Williamscraig. Author of Fiew of the Political State of Scotland at Michaelmas 1811.

BRINGLOE, FRANCIS JOHN. 29th June 1837.

Apprentice to John Bowie. — Son of Hugh Say Bringloe, Clerk of the Jury Court. Born 15th April 1814. Died 25th December 1858. Mar. 18th August 1842, Margaret, daughter of Adam Thomson, Accountant in Edinburgh.

BRISBANE, JAMES. 20th July 1696.

Apprentice to Robert Watson. — Second son of James Brisbane of Brisbane. Mar. (1) 1691, Anna, second daughter of John Cranston of Glen, Peeblesshire ; and (2) December 1720, Ann, daughter of John Mitchell of Alderston.

BRODIE, FRANCIS. 7th July 1803.

Apprentice to James Walker.— Second son of John Brodie, tenant in Linplum. . Bm-n 1764. Died 23d October 1839. Mar. (1) 4th September 1795, EHzabeth, daughter of Ellis Martin, Merchant in Leith; and (2) 31st December 1808, Margaret, second daughter of Gilbert Ker of Gateshaw, Roxburghshire.

BRODIE, GEORGE JAMES. 28th October 1881.

Apprentice to John Clerk Brodie, his uncle. — Second son of Lieut.-Colonel Thomas Brodie, residing in Edinburgh. Bm-n 20th February 1859. Mar. 4th June 1890, Theresa Sophia Charlotte, elder daughter of Lieutenant-Colonel Wayne of Tick- wood Hall, Shropshire.

BRODIE, JAMES GIBSON CRAIG. 31st October 1879.

Apprentice to, and youngest son of, John Clerk Brodie, W.S. — Born 18th March 1855. Died 19th September 1884. Mar. 26th June 1878, Ellen Anne, daughter of Edmund J. W. Wood, of Henley Hall, Ludlow, Salop.

BRODIE, JOHN. 4th July 1823.

Apprentice to James Jollie. — Eldest son of Francis Brodie, W.S. Born 1797. Died nth August 1865. Mar. 3d March 1828, Margaret Amelia, eldest daughter of Major-General Thomas William Kerr.

S4 THE SOCIETY OF WRITERS TO THE SIGNET

BRODIE, JOHN BUCHAN. 16th November 1812.

Apprentice to Thomas Gordon.— Son of William Brodie, Writer in Edinburgh. Died 4th January 1866, aged 78. Mar. Elizabeth Tucker Shaw.

BRODIE, JOHN CLERK, of Idvies, C.B., LL.D. 17th November 1836.

Apprentice to James Thomson Gibson Craig. — Fourth son of Thomas Brodie, W.S. Born 20th May 1811. Died 27th May 1888. Mar. (1) 20th March 1832, Bathia Garden, eldest daughter of Stewart Souter of Melrose, Banffshire ; and (2) 16th November 1848, Penelope Marianne, third daughter of the Rev. John Sneyd, of Ashcombe, Staffordshire. Crown Agent, February 1847 to March 1852, and January 1853 to March 1858 ; Keeper of the Register of Sasines, 3d February 1858; Treasurer, 1870; Deputy Keeper of the Signet, 1882-87.

BRODIE, JOHN SNEYD. 26th December 1873.

Apprentice to, and son of, John Clerk Brodie, W.S. — Barn 23d October 1850. Died 1st June 1875, unmarried.

BRODIE, LUDOVICK, of Whytfield. 11th July 1706.

Apprentice to John Campbell.— Son of Francis Brodie of Milnton, Elginshire. Born about 1681. Died 16th June 1758. Mar. Helen Grant.

BRODIE, THOMAS. 18th June 1739.

Apprentice to John Macfarlane. — Second surviving son of Alexander Brodie of Lethen, Nairnshire. Died 19th August 1770. Mar. March 1755, Phoebe, daughter of Thomas Forbes of Thornton, Kincardineshire, and widow of John Scott of Hedderwick, Forfarshire. Lyon Depute, 7th September 1754.

BRODIE, THOMAS DAWSON, of Idvies. 12th November 1857.

Apprentice to, and eldest son of, John Clerk Brodie, W.S. — Born 26th December 1832. Mar. (1) 11th September 1861, Charlotte Frederika, third daughter of Thomas John Furnell of Heathmount, county Limerick; and (2) 18th April 1876, Anne, eldest daughter of William Dawson of Gairdoch, Stirlingshire. Deputy Keeper of the Privy Seal, 1869-74.

BRODIE, THOMAS. 21st June 1787.

Apprentice to Samuel Mitchelson. — Second son of Thomas Brodie, W.S. Born 10th August 1760. Died 14th September 1825. Mar. Ann Taap. Resigned his Commission 18th February 1792.

BROOKMAN, JAMES. 29th October 1888.

Apprentice to Alexander Howe and William Macgillivray.- Son of Benjamin Brookman, Edinburgh. Born 7th June 1842. Mar. 19th December 1873, Annie, second daughter of James Buchanan, Farmer, Ballafuil, Balquhidder.

LIST OF MEMBEES 25

BROUGHTON, CHARLES. 1st March 1799.

Apprentice to Joseph Cauvin. — Third son of Edward Broughton, of the Excise. Died 10th November 1823. Mar. 5th June 1799, Helen, daughter of John Peat, Writer in Edinburgh.

BROUN, ALEXANDER CARRUTHERS M'BRYDE. 4th August 1880.

Apprentice to (1) Hector Monro, and (2) W. C. MacEwen. — Son of the Rev. Hugh M'Bryde Broun, Free Church Minister, Lochmaben. Bmii 5th June 1856. Mar. 6th September 1889, Jessie, daughter of Robert Wanless, Edinburgh.

BROWN, ARCHIBALD GEORGE. 13th January 1890.

Apprentice to Thomas D. Brodie. — Bm-n 1 1th March 1850. Mar. 31st December 1874, Helen, only daughter of W. P. Faichney, Kinross.

BROWN, CHARLES. 26th February 1753.

Apprentice to Robert Hepburn. — Son of Charles Brown of Coalstoun, East-Lothian. Died 25th April 1781.

BROWN, DAVID. 11th July 1817.

Apprentice to Adam RoUand. — Son of James Brown, Bookseller in Edinburgh, Died 29th January 1836.

BROWN, DAVID. 1st July 1825.

Apprentice to Alexander Douglas. — Eldest son of the Rev. David Brown, Minister of Crailing. Born 1799; not known precisely when he died. Mar. 8th April 1835, Mary Ann, youngest daughter of James Taylor, of Lloyd's, London.

BROWN, DAVID, Younger of Park. 12th November 1847.

Apprentice to John Scott and William C. Balderston. — Eldest son of Major David Brown of Park. Born 8th September 1822. Died 18th November 1861. Mar. 4th November 1856, Catherine, daughter of Alexander Robertson, Edinburgh.

BROWN, HUGH. 15th July 1885.

Apprentice to Thomas Elliot Ogilvie Home. — Eldest son of Hugh Brown of Broadstone, Ayrshire. Born 22d April 1861.

BROWN, JAMES. 7th July 1824.

Apprentice to David Cleghom. — Son of Thomas Brown, Builder at Uphall. Born 1800. Died 10th August 1845, unmarried.

BROWN, JOHN, OF Prathouse. 24th February 1809.

Apprentice to Thomas Scotland. — Son of John Brown of Prathouse. Died 1st January 1819.

BROWN, JOHN. 1st December 1825.

Apprentice to John Tweedie.— Eldest son of John Brown of Culter Mains, Lanarkshire. Died 29th February 1872, aged 75, unmarried. Author of a Summary of the Turnpike Act.

f» THE SOCIETY OF WRITERS TO THE SIGNET

BROWN, JOHN OSBURN. 2d December 1794.

Apprentice to James Thomson. —Son of Alexander Brown, Merchant in Edinburgh. Born 1771. Died 30th January 1838. Mar. (1) 14th July 1797, Agnes Campbell, Lochdochart; and (2) 30th April 1812, Elizabeth Rae, eldest daughter of John ■ Campbell, Receiver-General of Customs. Second Clerk to Jury Court, 1815-30.

BROWN, ROBERT, of Kirklands. 5th July 1782.

Apprentice to Thomas Tod. — Eldest son of the Rev. James Brown, one of the Ministers of Edinburgh. Bm-n 23d August 1758. Died 6th November 1812. Mar. 22d December 1782, Isabella, eldest daughter of Alexander Adam, Architect, Edinburgh.

BROWN, ROBERT. 16th June 1818.

Apprentice to William Molle. — Eldest son of Robert Brown, W.S. Bom 1790. Died 15th May 1833, unmarried.

BROWN, ROBERT, of Whitsome Newton. 16th July 1846.

Apprentice to John Scott and William C. Balderston. — Son of Robert Brown of Gilston. Bam 26th October 1819. Died 28th December 1855. Mar. 3d July 1845, Sarah Ann, daughter of Alexander Hamilton, Mauchline.

BROWN", ROBERT JOHNSTON. 14th November 1839.

Apprentice to Smith and Kinnear. — Son of William Henry Brown of Ratho Bank. Bom 5th July 1816. Died 28th April 1876. Mar. 8th December 1855, Augusta Marcia, daughter of Rev. Thomas Charles Brown, London. Cornet, 14th King's Light Dragoons, 1842; Lieutenant, 1845; Captain, 1853 ; Major, 1864.

BROWN, WALTER, of Colton. 6th July 1826.

Apprentice to John Russell. — Only son of Captain John Brown, of the ship Wellington, of Leith. Born 1802. Died 4th July 1869. Mar. 23d March 1840, Jane, second daughter of James Spowart of Springbank.

BRUCE, EDWARD. 25th November 1780.

Apprentice to William Aytoun. — Eldest son of Captain James Bruce, of the 26th Regiment. Died 27th February 1804.

BRUCE, GEORGE. 17th April 1862.

Apprentice to Andrew Storie and William R. Baillie. — Eldest son of Thomas Bruce of Langlee, W.S. Bc/rn 3d February 1829.

BRUCE, JAMES. 25th June 1863.

Apprentice to Alexander Hamilton. — Son of James Bruce of the Inland Revenue, residing in Edinburgh. Bom 8th September 1838. Mar. 29th August 1871, Catherine, eldest daughter of John Russel, Dean of Guild, Edinburgh.

LIST OF MEMBERS »?«'*■ 27

BRUCE, JOHN. 29th June 1843. ~

Apprentice to Walter Dickson and James Steuart. — Son of James Bruce of Pow- foulis, Stirlingshire. Barn 19th November 1815. Mar. 4th June 1857, Jessie, third daughter of Robert Taylor of Broomland, Kirkcudbrightshire.

BRUCE, THOMAS, of Langlee. 15th June 1810.

Apprentice to Archibald Tod. — Eldest son of George Bruce of Langlee, Depute Clerk of Session. Born 3d January 1785. Died 25th May 1850. Mar. 6th March 1828, Margaret, daughter of Charles Steuart, W.S. Depute Clerk of Session, 14th January 1824 till death.

BRUCE, THOMAS. 9th July 1819.

Apprentice to (1) John Dundas, (2) H. J. Rollo. — Son of James Bruce, Secretary to the Board of Excise. Born 1794. Died 2d December 1837. Mar. 13th January 1831, Matilda, daughter of Thomas Gloag of Chapelton.

BRUNTON, JAMES. 27th November 1862.

Apprentice to James Mackenzie, J. B. Innes, and John Logan. — Son of William Brunton, Merchant in Edinburgh. Born 31st December 1838. Alar. 26th November 1868, Ellen Marion, daughter of Montagu Gosset, London.

BRYCE, GEORGE FERGUSON. 21st July 1879.

Apprentice to John Cook. — Son of Archibald Hamilton Bryce, D.C.L., Edinburgh. Born 2d June 1855.

BUCHAN, JAMES. 16th November 1781.

Apprentice to William Wilson, Senr. — Son of David Buchan, Bailie in Perth. Died 28th May 1814.

BUCHAN, JOHN. 10th July 1770.

Apprentice to (1) George TumbuU ; and (2) Charles Brown. — Third son of John Buchan of Letham. Born 6th October 1742. Died 17th August 1822.

BUCHAN, JOHN. 19th November 1782.

Apprentice to Andrew Stuart, Junr. — Third son of Thomas Buchan of Auchma- coy, Aberdeenshire. Died in Jamaica 1793.

BUCHAN, WILLIAM. 19th November 1782.

Apprentice to John Buchan. — Eldest son of Hugh Buchan, Chamberlain of the City of Edinburgh. Died 26th April 1790.

BUCHANAN, CHARLES SN0D6RASS, of Cunninghamhead. 29th June 1838.

Apprentice to Cunningham and Bell. — Eldest son of David Snodgrass Buchanan of Cunninghamhead. Born 4th April 1813. Died 22d September 1849, un- married.

m THE SOCIETY OF WKITERS TO THE SIGNET

BUCHANAN, HECTOR MACDONALD, of Drumnakiln. 8th March 1791.

Apprentice to William Macdonald. — Third son of Coll Macdonald of Boisdale, Inverness-shire. Died 14th September 1828. Mar. 13th July 1793, Jean, daughter of Robert Buchanan of Drumnakiln and Ross Priory, whose name he assumed. Principal Clerk of Session, 17th May 1805 till death.

BUCHANAN, JOHN.

Signs Minute of 16th December 1594. Died 23d October 1611.

BUCHANAN, JOHN. 13th December 1723.

Apprentice to Robert Campbell of Balvie. — Mar. December 1723, Mary, daughter of Ronald Campbell of Balerno, W.S. Solicitor to Board of Customs.

BUCHANAN, MUNGO, of Auchentorlie. 4th November 1695.

Apprentice to John Cuningham. — Third son of Mungo Buchanan of Tillichewan, Dumbartonshire. Died 3d April 1710. Mar. 22d January 1687, Anna Barclay.

BUCHANAN, WILLIAM, of Ardoch. 23d November 1802.

Apprentice to (1) George Johnston ; and (2) Frederick Fotheringham. — Son of Thomas Buchanan of Ardoch, Hatter in Glasgow. Born 1777. Died 1864. Mar. 14th September 1803, Hon. Elizabeth Murray, daughter of Alexander, seventh Lord Elibank. Art Critic, and Author of Memmrs of Fainting.

BUDGE, JAMES. 7th June 1722.

Third son of Donald Budge of Toftingall, Caithness. Died before 1750.

BUDGE, WILLIAM, of Toftingall. 21st August 1745.

Apprentice to James Budge.— Son of David Budge, tutor of Toftingall. Died 28th September 1765. Mar. Katherine, third daughter of Alexander Sinclair of Olrig, Caithness.

BUIK, PATRICK REID. 26th October 1888.

Apprentice to T. E. 0. Home, Thomas Home, and David Lyell.— Son of Major John Henry Buik, Pulteneytown. Born 21st September 1863.

BURD, MELVILLE. 28th Febraary 1811.

Apprentice to John Campbell terliiis. — Son of Melville Burd, Fanner in Dalkeith. Died 5th September 1829, aged 45.

BURN, GEORGE. 17th March 1864.

Apprentice to Donald Home. — Son of James Burn, W.S. Born 16th August 1828. Died 19th September 1878, unmarried.

BURN, HENRY JOHN. 4th July 1823.

Apprentice to (1) John B. Brodie and (2) Michael Linning. — Son of Robert Burn, Architect in Edinburgh. Born 7th April 1798. DM 10th January 1867. Ma/r. 10th June 1845, Charlotte Barbara, youngest daughter of Sir Thomas Kirk- patrick of Closeburn, Bai't.

LIST OF MEMBEES. 29

BURN, JAMES. 23d June 1817.

Apprentice to Robert Hill. — Son of George Burn, Factor to Henry Glassford at Netherwood. Died 24th November 1863, aged 70. Mar. 6th August 1827, Margaret, daughter of James Heugh of Gartcows.

BURN, ROBERT. 29th May 1818.

Apprentice to James Forman. — Only son of David Burn, one of the Teachers of the Grammar School, Stirling. Died 16th January 1861, aged 71.

BURNESS, JAMES. 11th July 1867.

Apprentice to Thomas G. Mackay and Alexander Howe. — Son of Robert Burness, "Writer in Montrose. Born 2d November 1840. Mar. 26th April 1872, Henrietta, daughter of William Ronaldson, Edinburgh.

BURNET, GAVIN. 12th August 1633.

Apprentice to Andrew Hay. — Youngest son of William Burnet of Barns, Peeblesshire. Died October 1660. Mar. Helen Ramsay.

BURNET, ROBERT. 21st December 1671.

Apprentice to John Trotter. — Eldest son of Gavin Burnet, W.S. Died before 1721. ifar. Elizabeth Cockbum. Commissary of Peebles.

BURNETT, ANDREW, of Kirkhill. 21st December 1730.

Youngest son of Thomas Burnett of Kirkhill, Advocate, Regent of Marischal College, Aberdeen.— £om 1709. Died 20th August 1776. Mar. April 1767, Ann Burnett of Burnetfield.

BURNETT, ALEXANDER EDWIN. 24th March 1873.

Apprentice to Archibald Watson Goldie. — Third son of Sir James Horn Burnett of Leys, Bart., W.S. Born 17th December 1842.

BURNETT, SIR JAMES HORN, of Leys, Bart. 9th July 1824.

Apprentice to John Morison. — Fifth son of Sir Robert Burnett of Leys, Bart. Born 21st June 1801. Died 16th September 1876. Mar. (1) 3d February 1831, Caroline Margaret, daughter of Charles Spearman of Thornley Hall, Durham; and (2) 12th July 1837, his cousin Lauderdale, daughter of Sir Alexander Ramsay of Balmain, Bart., and widow of David Duncan of Rosemount, Forfarshire.

BURNETT, ROBERT. 7th June 1821.

Apprentice to (1) James Gibson; and (2) William Gardner.— Son of William Burnett, Factor at Crathes to Sir Robert Burnett of Leys. Died 9th August 1828.

BURNS, ALEXANDER. 9th March 1813.

Apprentice to Archibald Terrier. — Seventh surviving son of John Bums, Surveyor of Customs at Bo'ness. Died 14th October 1832, aged 45, unmarried.

'80 THE SOCIETY OF WEITERS TO THE SIGNET

BURNS, THOMAS, of Longcroft. 22d February 1793.

Apprentice to Walter Scott. — Youngest son of James Bums of Glenfour. Died December 1858, aged 88. Mar. Anne Reoch.

BURNS, THOMAS CHARLES. 22d June 1837.

Apprentice to John Archibald Campbell. — Only son of Thomas Burns, W.S. Boi-n 7th January 1814. Died 1848. Mar. 20th April 1837, Jane, only daughter of John Livingston Campbell of Achalader, Argyllshire.

BURNSIDE, JAMES. 22d November 1821.

Apprentice to William Drysdale. — Son of John Bumside, Merchant in Glasgow. Died 12th August 1854, aged 60, unmarried.

BUTTER, JAMES. 23d June 1817.

Apprentice to William Drysdale. — Son of Thomas Butter of Craigbea. Died 29th August 1824.

CADDELL, WILLIAM, of Fossochie. 22d September 1713.

Died 3d November 1724. Clerk, 21st January 1711.

CADELL, LEWIS IRVING. 16th July 1889.

Apprentice to J. 0. Mackenzie, Harry Cheyne, and John Kermack.— Son of Henry Cadell of Grange and Banton. Born 8th December 1865.

CADELL, WILLIAM, of Banton. 6th June 1833.

Apprentice to Alexander Young.— Eldest son of James John Cadell of Grange, Linlithgowshire. B(yrn 8th October 1810. Died 4th May 1862. Mar. 16th August 1847, Mary Robinson, daughter of John Rodford, Edinburgh.

CAIRNS, HENRY. 6th July 1854.

Apprentice to Walter JoUie. — Son of Geoi'ge Cairns, Solicitor at Law. Bm-n 21st June 1831. Mar. 23d September 1879, Jane Stewart, daughter of Alexander Morton, Banker, Edinburgh.

CAIRNS, JOHN BOYD. 14th July 1853.

Apprentice to Donald Home. — Eldest son of John Caims, Writer in Edinburgh. B<yrn 12th August 1827.

CALVERT, JOHN RUTHERFORD. 4th June 1829.

Apprentice to Thomas Mackenzie. — Son of James Calvert, Teacher in the Academy of Montrose. Died 12th December 1854, aged 50, unmarried.

CAMERON, ALEXANDER. 8th March 1838.

Apprentice to David Brown. — Son of Allan Cameron, Engraver in Edinburgh. B(yrn 26th March 1803. Died at Melbourne 31st March 1841. Mar. Aune Watson.

LIST OF MEMBERS 31

CAMERON, Sir DUNCAN, of Fassiefkrn, Bart. 12th August 1799.

Apprentice to James Fraser. — Second son of Sir Ewen Cameron of Fassieferu, Argyllshire, Bart. Born 1770. Died 15th January 1863, unmarried. Succeeded his father as second Baronet, October 1828.

CAMERON, RALPH COMPTON. 13th July 1887.

Apprentice to David Wardlaw. — Son of Alexander Cameron of Mainhouse, Elgin- shire. Bom 2d September 1861.

CAMPBELL, ALEXANDER. 8th July 1796.

Apprentice to James Ferrier. — Second son of Sir Hay Campbell of Succoth, Bart., Lord President of the Court of Session. Died 26th October 1 799, unmarried.

CAMPBELL, ARCHIBALD. 22d July 1720.

Apprentice to Ronald Campbell. — Eldest son of John Campbell, W.S. Died December 1727. Mar. (1) April 1710, Jean, daughter of George Alexander of Peppermiln, Advocate ; and (2) Helen, daughter of John Ayton of Kinaldie.

CAMPBELL, ARCHIBALD, of Succoth. 5th February 1728.

Apprentice to Hew Crawford. — Second son of William Campbell of Succoth, . Dumbartonshire. Died 28th. July 1790. Mar. February 1732, Helen, daughter of John Wallace of Elderslie. Commissary of Glasgow. Deputy Keeper of the Great Seal. Principal Clerk of Session, 2d March 1770 to 4th March 1785.

CAMPBELL, ARCHIBALD. 19th June 1812.

Apprentice to John Campbell, Junr. — Son of William Campbell of Duneaves, Perthshke. Died 28th January 1823.

CAMPBELL, ARCHIBALD BROWN. 13th January 1890.

Apprentice to James Mylne.— Son of John Campbell, S.S.C. Born 23d September 1865.

CAMPBELL, ARTHUR, of Catrine. 23d November 1813.

Apprentice to John Hunter. — Fourth son of Arthur Campbell of Auchmannoch, Ayrshire. Born 15th July 1788. Died 3d March 1875. Mar. 31,st August 1825, Jane, daughter of Thomas Barstow, of Kelso. , . . ,

CAMPBELL, ARTHUR, of Catrine. 14th November 1850.

Apprentice to (1) W. 0. Balderston, J. Scott, and W. Brand ; and (2) John Scott. —Son of Arthur Campbell of Catrine, W.S. Bom 27th December 1827. Died 8th July 1884. Mar. 26th December 1851, Cecilia, third daughter of George Cleghorn of Weens, Roxburghshire, W.S.

CAMPBELL, COLIN, of Caewhin. 9th February 1686.

Apprentice to George Dallas. — Third son of Colin Campbell of Mochaster, Perth- shire. Bom 18th December 1652. Died 31st January 1715, unmarried.

9lt THE SOCIETY OF WEITEES TO THE SIGNET

CAMPBELL, DAVID, of Belmont. 1st December 1755.

Apprentice to Alexander Eobertson. — Second son of John Campbell of Barcaldine, Argyllshire. 3Iar. March 1756, Jean, daughter of Archibald Campbell, Edinburgh. Resigned his Commission 14th March 1775.

CAMPBELL, DAVID. 8th June 1826.

Apprentice to Craufurd Tait. — Third son of Archibald Campbell of Askomell, Argyllshire. Died 24th December 1848, aged 58. Mar. 16th December 1819, Agnes, youngest daughter of Alexander Pollock of Whitehill. Captain in 94th Regiment previous to admission.

CAMPBELL, GEORGE, of Condorrat. 18th January 1886.

Apprentice to (1) A. F. Adam and W. C. MacEwen; (2) Arthur Campbell; and (3) A. H. Cooper. — Second son of Arthur Campbell of Catrine, W.S. Born 18th December 1862.

CAMPBELL, GEORGE MUIR. 16th January 1798.

Apprentice to (1) William Campbell and (2) Hugh Corrie.— Third son of William Campbell of Crawfordton, W.S. Born 1773. Died 20th January 1836. Mar. Agnes, daughter of Fergusson, Writer in Wigtown.

CAMPBELL, JAMES, of Gaenock. 3rd March 1629.

Apprentice to William Cunningham. — Son of Hugh Campbell of HuUerhurst, Ayrshire. Re-admitted 21st November 1661.

CAMPBELL, JAMES. 14th June 1791.

Apprentice to John Campbell. — Second son of Farquhar Campbell of Laggan- lochan, Writer in Islay. Died 6th December 1805. Mar. Jean, daughter of John Moubray, Wright and Builder in Edinburgh.

CAMPBELL, JOHN, of Succoth. 4th June 1674.

Apprentice to Richard Guthrie. — Son of William Campbell of Succoth, Dumbar- tonshire. Mar. (1) Janet Hamilton ; and (2) Agnes, youngest daughter of William Stirling of Law, Dumbartonshire. Died about 1694. M.P. for Argyll- shire, 1681-82.

CAMPBELL, JOHN. 14th December 1691.

Apprentice to George Dallas. — Son of Captain John Campbell, younger son of Sir John Campbell of Calder. Died April 1699. Mar. Elizabeth Campbell.

CAMPBELL, JOHN, of The Citadel. 19th July 1779.

Apprentice to David Erskine. — Eldest son of John Campbell, first Cashier of the Royal Bank. Bwn 20th December 1753. Died at Geneva 11th August 1829. Mar. (1) 18th November 1779, Helen, daughter of John Callander of Craigforth ; (2) 8th January 1787, Margaret, daughter of John Campbell of Clathick; and (3) 6th August 1801, Sophia, daughter of Duncan Stewart of Ardshiel, Argyllshire.

LIST OF MEMBERS 38

CAMPBELL, JOHN. 24th November 1785.

Apprentice to Colquhoun Grant. — Eldest son of John Campbell, Collector of Excise for the district of Inverness. Died 14th February 1821.

CAMPBELL, JOHN, ov Annfield. 24th January 1792.

Apprentice to John Campbell. — Son of John Campbell of Annfield, Writer in Stirling. Died 9th January 1855, aged 84. Mm: 29th December 1794, Frances, youngest daughter of John Brown, Merchant, Glasgow.

CAMPBELL, JOHN KIRKPATRICK, or Glenfeochan. 25th November 179G.

Apprentice to John Campbell, Junr. — Son of Archibald Campbell of Jura, Argyllshire. Died 28th April 1826. Mar. 29th July 1817, Mary Kirkpatrick, only daughter of Alexander Campbell, of the island of Tobago.

CAMPBELL, JOHN ARCHIBALD. 22d February 1813.

Apprentice to Alexander Duncan and John Campbell. — Eldest son of John Campbell of The Citadel, W.S. Born 1788. Died 7th September 1866. Mar. 10th October 1822, Emma, daughter of Thomas Peter Legh, of Lyme, Chester. Sheriff-Clerk of Mid-Lothian, 1843-60.

CAMPBELL, ORD GRAHAM. 15th November 1838.

Apprentice to Andrew Tawse. — Youngest son of Archibald Graham Campbell of Shirvain, Argyllshire. Born 11th September 1816. Died 7th June 1890. Mar. 15th June 1858, Jeanette Ritchie, daughter of William Wallace of Busby.

CAMPBELL, PATRICK, of Queenshill. 8th March 1791.

Apprentice to William Campbell, his luiclc. — Eldest son of William Campbell of Queenshill. Born 1764. Died 11th December 1836. Mar. 10th April 1800, Jane, eldest surviving daughter of David Maitland of Barcaple, Kirkcudbrightshire.

CAMPBELL, PATRICK WILLIAM. 20th October 1875.

Apprentice to (1) Robert Craigie Bell; and (2) James Mylne, Senior.— Eldest son of David Campbell, Mounthamilton, and Manager of the Royal Bank of Scotland, Ayr. Born 21st November 1850. Mar. 18th April 1883, Mary * Walker, eldest daughter of John Fergusson Cathcart, Merchant, Leith.

CAMPBELL, RICHARD, of Helentonmains and Auchenbreok. 3d March 1818.

Apprentice to Robert Cathcart. — Fourth son of Richard Campbell of Helenton- mains, Ayrshire. Di^ 27th July 1853, aged 59. Mar. 8th August 1834, Ann Glass, daughter of Archibald Douglas, Clangregor Castle.

CAMPBELL, ROBERT, of Balvie. 25th November 1701.

Apprentice to John Cuningham. — Brother of John Campbell of Gon-ie. Died February 1716. Mar. (1) June 1702, Anna, daughter of John Campbell of SuccolJi; and (2) before 1713, Anna, second daughter of William Colquhoun of Craigton, Dumbartonshire. Fiscal, 1703-10.

£

d4 THE SOCIETY OE WElTEliS TO THE SIGNET

CAMPBELL, ROBERT, ok Sonachan. 21st May 1805.

Apprentice to H. M'D. Buchanan. — Eldest sou of Donald Campbell of Sonachan, Argyllshire. Bom 29th December 1779. Died 13th June 1877. Mar. 16th June 1816, Susan, only daughter of David Campbell of Combie, Argyllshire.

CAMPBELL, RONALD, of Balerno. 15th August 1695.

Apprentice to John Campbell of Succoth. Died 30th August 1726. Mar. 25th March 1697, Margaret, daughter of James Hamilton of Hetherrick, East-Lothian. Deputy Keeper of the Signet, 1725-1726.

CAMPBELL, WILLIAM, or Crawfordton. 4th August 1777.

Apprentice to George Muir, his luicle. — Eldest son of Dr. Patrick Campbell, Physician in Wigtown. I}ied 6th May 1794. Mar. (1) Miss M'Murdo; and (2) ' 14th May 1793, Lydia, daughter of the liev. John CoUow, Minister of Penpont.

CAMPBELL, WILLIAM. 8th July 1800.

Apprentice to Archibald Gibson. — Second son of Sir James Campbell of Aberuchil, Bart. Bom 1776. Died 28th April 1849. Mar. (1) oth January 1804, Eliza, daughter of \A'illiani Hunter of Glenormiston ; and (2) 25th October 1820, Jane, second daughter of Hugh Cleghoni of Stravithie, Fifeshire.

CAMPBELL, WILLIAM, of Queenshill. 29th June 1826.

Apprentice to James Dundas. ^Eldest son of Patrick Campbell of Queenshill, W.S. Bunt 15tli February 1801. Dkd 8th October 1863, unmarried.

CAMPBELL, WILLIAM BOWIE STEWART, of Cloiohfoldich. 4th March 1826. Apprentice to John Bowie. — Sou of Major Alexander Campbell of Glenfalloch. Barn 1803. Died 11th June 1847. Afar. (1) 16th March 1830, Sarah Priscilla, only daughter of J. Feamside, London; and (2) 5th April 1838, Janet W. Maxwell, only child of Robert Stewart of Cloichfoldich, Perthshire.

CANNAN, HORATIUS, of Barlay. 18th November 1784.

Apprentice to Robert Boswell. Only son of John Cannan of Barlay, Kirkcud- brightshire. Dkd 17th April 1825, aged 68. Mar.

CANNAN, HORATIUS. 17th November 1825.

Apprentice to, and third son of, Horatius Cannan, W.S. Died 18th February 1843, aged 55, unmarried.

CAR6ILL, JAMES. 18tli November 1784.

Apprentice to James Stewart. — Son of Walter Cargill, Merchant in Dunkeld.

Mar. , daughter of William Jamiesou, Architect in Edinburgh. Resigned his

Commission 23d March 1795.

CARGILL, ROBERT. 10th July 1812.

Apprentice to Hugh Watson. — Son of James Cargill, W.S. Z>j«rf 21st February

1867.

LIST OF MEMBERS 35

CARMICHAEL, ALEXANDER. 13th April 1650.

Died June 1658. Mar. Judith Nairne.

CARMICHAEL, ARCHIBALD. 23d December 1723.

Apprentice to William Kelso. — Died April 1743.

CARMICHAEL, JAMES, of Hailes. 30th June 1741.

Apprentice to Hugh Somerville. — Second son of the Hon. William Carniichael of Skirling, Advocate. Died 12th January 1781. Mar. 16th April 1750, Jenny, youngest daughter of Sir John Clerk of Penicuik, Bart.

CARNEGIE, JAMES. 16th August 1665.

Apprentice to James Allane. — Son of Robert Carnegie of Newgate, Forfarshire.

CARNEGIE, JAMES, of Edrom Nkwton. 22d December 1825.

Apprentice to Francis Walker. — Son of John Carnegie, tenant in Hailes. Born 1799. Died 23d April 1883, unmarried.

CARNEGIE, ROBERT. 11th March 1670.

Apprentice to James Allane. — Son o Sir Alexander Carnegie of Pittarrow, Bart.

Died September 1670. CARNEGY, JAMES.

See Gardyne, James Carnegy.

CARSTAIRS, ROBERT, of Radernie. 9th December 1687.

Apprentice to William Hamilton. — Son of John Carstairs of Ca.ssingray, Fife- shire. Born 1645. Died August 1705. Mar. 1679, E.sther, daughter of Thomas Mills of Millhouse, Stafford.

CASS, JOHN. 22d December 1610.

Mar. 17tl) August 1603, Christian, daughter of William Kellie, W.S.

CASS, RICHARD, of Fordell.

Commissioner, 16th December 1594. — Son of Robert Cass of Fordell, Mid-Lothian. Died 3d February 1632.

CASSELLS, ALEXANDER. lOth June 1830.

Apprentice to James and Charles Nairne.— Fourth son of John Cassells of Arnprior, Perthshire. Born 1808. Died 10th March 1875. Mar. 25th October 1838, Catherine, daughter of John Walker, Bellsbank, Dalmellington.

CATHCART, DANIEL. 29th December 1658.

Apprentice to Robert Wallace, Richard Guthrie, and Hugh Paterson. Son

of William Cathcart of Watorheid, Ayrshire. Warrant to pay his funeral expenses, 23d November 1686. Re-admitted 13tli January 1662.

CATHCART, DAVID. 16th May 1822.

Apprentice to George Russell. — Third son of David Cathcart of Auchendrane, Ayrshire, Lord Alloway, one of the Senators of the College of Justice. Born 2d December 1798. Died 1st January 1867, unmarried.

^ THE SOCIETY OF WRITERS TO THE SIGNET

CATHCAET, ROBERT, of Drum. 25th November 1796.

Apprentice to (1) Andrew Mackenzie; and (2) Kenneth Mackenzie. — Younger son of Robert Cathcart of Genoch. Barn 22d June 1773. Died 18th November 1812. Mar. 16th October 1797, Anne, daughter of John Cadell of Cockenzie.

CATHCART, ROBERT ALFRED. 13th November 1849.

Apprentice to Thomas Macpherson Grant. — Eldest son of Elias Cathcart of Aucliendrane. Born 3d February 1825. Died 15th February 1855, unmarried.

CAUVIN, JOSEPH. 24th November 1785.

Apprentice to William Aytoun. — Eldest son of Louis Cauvin, Teacher of French in Edinburgh. Died 23d November 1815. Mar. 20tli April 1787, Ester, only daughter of Dr. Henry Cunningham.

CAY, JOHN. 3d July 1851.

Apprentice to James Gillespie Davidson. — Eldest son of John Cay, Advocate. Born 13th July 1820. Mar. 21st July 1857, Geddes Elizabeth, youngest daughter of Thomas Mackenzie of Applecross, Ross-shire.

CAY, ROBERT DUNDAS. 7th March 1833.

Apprentice to David Welsh. — Youngest son of Robert Hodshon Cay, of North Charlton, Judge of the High Court of Admiralty. Born 20th August 1807. Died 19th March 1888. Mar. 29th October 1835, Isabella, fourth daughter of William Dyce, of Cuttlehill, Aberdeenshire, M.D. Registrar of Supreme Court, Hong-Kong, 1844-55.

CHALMER, JOHN MUIR, of Gadgirth. 7th January 1756.

Apprentice to John Macfarlane. — Son of John Muir of Ayr, and nephew of John Chalmer of Gadgirth. Born 24th July 1726. Died 5th May 1774. Mar. Elizabeth Farquhar, of Edinburgh. Assumed name of Chalmer 1764.

CHALMER, WILLIAM. 3d December 1636.

Apprentice to Robert Pringle. — Son of George Chalmer of Auldquhat. Ditd January 1668. Mar. (1) daughter of Daniel Melville, W.S. ; and (2) 13th Mity 1661, Isobell Garvie. Re-admitted 21st November 1661.

CHALMERS, ALEXANDER HENDERSON. 6th July 1854.

Apprentice to James Mackenzie, J. B. Innes, and John Logan. — Son of Charles Chalmers of Monkshill, Advocate in Aberdeen. Bm-n 30th September 1830. Died 6th November 1871. Mar. 27th October 1870, Meylia Jessie Marjory Williamson, eldest daughter of Patrick Sinclair Laing, Deputy Inspector-General of Hospitals, Elgin.

CHALMERS, CHARLES, of Portlethin. 20th October 1704.

Apprentice to William Thomson. — Second son of Mr. James Chalmers, Professor of Philosophy in the Marischal College of Aberdeen ; killed fighting for King James at Sheriffmuir, 13th November 1715. Mar. (1) Jean, daughter of Alexander Boog of Burnhouses, Berwickshire; and (2) Helen, daughter of Alexander Young, Bishop of Edinburgh. Captain in the Scots Guards, but sold his Commission, 1714.

LIST OF MEMBERS SI

CHALMERS, GEORGE. 3d October 1723.

Apprentice to Thomas Gibson. — JDied 9th December 1758. Mar. October 1729, Elizabeth, daughter of Colin Arthui- of Ballein.

CHALMERS, JAMES. 25th June 1764.

Apprentice to (1) Alexander Tait; and (2) John Mackenzie. — Son of Andrew Chalmers, Writer in Edinburgh. Died 20th November 1830, aged 89. Mar.

CHALMERS, JAMES HAY. 26th June 1856.

Apprentice to Archibald Watson Goldie. — Son of Rev. Peter Chalmers, Minister of the First Charge, Dunfermline. Bmii 10th January 1829. Bkd 21st June

1860. Mar. 23d August 1859, Marion Morrison, elder daughter of Alexander Hay of Hardengreen, Mid-Lothian, W.S.

CHALMERS, JOHN. 10th March 1813.

Apprentice to Bain Whyt. — Eldest son of Thomas Chalmers, Locksmith in Potterrow. Born 1784. Died 18th March 1833, unmarried.

CHALMERS, THOMAS. 19th March 1888.

Apprentice to J. W. Young and John Blair. — Younger son of Thomas Chalmers of Longcroft, Linlithgowshire. Born 10th January 1863.

CHANCELLOR, EDWARD. 26th June 1856.

Apprentice to John Dundas, William Wilson, and A. M. Bell. — Fifth son of Alexander Chancellor of Shieldhill, Lanarkshire. Born 22d September 1828. Mar. 17th April 1866, Ann Helen, only daughter of John Robert Tod, W.S.

CHANCELLOR, GEORGE. 17th July 1851.

Apprentice to Alexander Hamilton. — Third son of Alexander Chancellor of Shieldhill. Born 7th September 1825. Died 4th April 1875. 3far. 20th June

1861, Katherine Elizabeth, youngest daughter of George Skene of Rubislaw. CHAPLANE, ALEXANDER, of Colliston. 13th January 1673.

Apprentice to James Cheyne. — Eldest son of Robert Chaplane, Town-Clerk Depute, Dundee. Died A\ml 1695. Mar. (1) Agnes Smyth ; and (2) Magdalene, daughter of Henry Killoch. Fiscal, 1683-4.

CHARTERIS, HENRY. 29th July 1633.

Apprentice to James Stratoun. — Son of Henry Charteris, Primar of Edinburgh College. Died October 1641. Mar. 14th November 1632, Mawsia Henrieson, niece of Charles Hamilton, Merchant Burgess of Edinburgh.

CHARTERIS, JAMES. 5th September 1671.

Apprentice to John Alexander, elder. — Son of William Charteris of Auchin strowan.

CHARTERS, WILLIAM. 23d November 1656.

Apprentice to Quintine Kennedy. — Died about 1677. Mar. Isobel Kennedy. Re-admitted 11th April 1661.

99 THE SOCIETY OF WEITERS TO THE SIGNET

CHEYNE, HAREY, of Girlesta. IDth March 1868.

Apprentice to, and son of, Henry Cheyne, W.S. — Bom 2d March 1845. Mar. 20th July 1876, Dora, daughter of George Todd Chiene, C.A. Edinburgh.

CHEYNE, HENRY. 19th November 1829.

Apprentice to Joseph Gordon. — Eldest son of John Cheyne of Tangwick, Shet- land. Bom 24th August 1804. Died 27th February 1868. Mar. 7th May 1840, Barbara, eldest daughter of William Hay of Laxfirth, Shetland. Clerk to the Admission of Notaries, 1855-68.

CHEYNE, JAMES. 8th March 1642.

Apprentice to Robert Pringle. — Son of Walter Cheyne in Tillibin. Re-admitted 21st November 1661.

CHEYNE, JAMES. 12th September 1706.

Apprentice to William Thomson. — Died 8th April 1729. Mar. (1) September 1713, Elizabeth, daughter of Sir Charles Maitland of Pitrichie, Aberdeenshire ; and (2) November 1724, Barbara, daughter of Robert Ross of Achlossan, Aberdeen- shire, and widow of Captain Francis Forbes.

CHEYNE, JAMES AUCHINLECK, of Oxendean and Kilmaron. 3d March 1818.

Apprentice to (1) Robert Cathcart; and (2) John Kermack. — Son of Ninian Richard Cheyne, Bookseller in Edinburgh. Died 21st June 1853, aged 58. Mar. (1) 16th August 1821, Margaret Blair, daughter of Andrew M'Kean, Edinburgh; and (2) 29th April 1834, Frances Charlton, daughter of James Sprott, of Chitta- gong, Bengal.

CHIESLEY, JOHN. 20th August 1697.

Apprentice to John Knox. — Grandson of Walter Chiesley of Dairy. Deprived of his Commission 24th December 1707, for repeated contraventions of the Acts.

CHIESLIE, WILLIAM, of Cockburn. 4th August 1662.

Apprentice to John Semple.^ — Son of John Chieslie, Minister at Quodquen, in the Sheriffdom of Lanark. Died 13th February 1704, aged 70. Mar. Agnes, daughter of Samuel Rutherfurd, Principal of St. Mary's College, St. Andrews.

CHILD, WILLIAM ARUNDALE. 18th November 1825.

Apprentice to (1) Archibald Crauford ; and (2) James Dunlop. — Son of William Child of Glencorse, Merchant in Edinburgh. Died at Tobago, 20th October 1861, aged 58. Mar. 21st February 1856, Amelia White. Stipendiary Magistrate of island of Tobago.

CHRISTIAN, JAMES. 12th February 1829.

Apprentice to George Hogarth. — Son of Peter Christian, Writer in Stonehaven. Born 1801. Died 11th August 1876. Mar. 8th July 1839, Robina, youngest daughter of Robert Renton, Edinburgh. Sheriff-Clerk of Kincardineshire. 1861-76,

LIST OF MEMBERS ' 39

CHRISTIE, JAMES, of Whythouse. 30th December 1647.

Apprentice to Robert Kirkwood. — ^Nephew of David Christie of Over Stentou, Dieil November 1670. Re-admitted 21st November 1661.

CHRISTIE, JOHN COCKBURN. 8th February 1838.

Apprentice to George Turnbull.— Sou of David Christie, Writer in Edinburgh. Bom 29th April 1812. Died 29th August 1880. Mar. October 1842, his cousin, Helen, daughter of Hector Christie of Lentou, Nottingham. Keeper of the Register of Deeds, etc., 1869-73. Deputy-Keeper of the Records, 1873-80.

CHRISTIE, ROBERT LINDSAY BRUCE STAIiK. 11th December 1856.

Apprentice to Charles Morton. — Second son of Robert Stark Christie of Teasses, Fiie. J5ww 18th December 1832. i>ie<i 27th December 1889. Mar. 25th November 1868, Julianne Cockburn, daughter of Captain Alexander Scott, 7 2d Regiment.

CHRISTIE, WALTER CROSS BUCHANAN. 15th July 1889.

Apprentice to Charles Morton and John Neilson. — Elder son of Thomas Craig Christie of Bedlay and Petershill, Lanarkshire. Born 5th December 1862.

CHRISTISON, JOHN. 25th November 1858.

Apprentice to James Hope, Robert Oliphant, and Robert Macka3\ — Son of Sir Robert Christison, Bart., M.D. Born 14th October 1832.

CLAPPERTON, GEORGE. 12th December 1793.

Apprentice to William Aytoun. — Son of William Clapperton, Merchant in Edin- burgh. Died 1st August 1814.

CLAPPERTON, THOMAS. 2d November 1881.

Apprentice to W. Traquair, W. T. Dickson, and T. S. MacLaren. — Son of John Clapperton, Merchant in Gorebridge. Born 15th September 1857.

CLARK, GEORGE BENNET. 30th May 1878.

Apprentice to J. B. Innes and John and Charles B. Logan. — Son of William Bennet Clark, Advocate. Bm-n 8th May 1863. Mar. 28th December 1882, Harriet Sophia, daughter of Dr. Martin, Edinburgh.

CLARK, JOHN. 29th July 1695.

Apprentice to Robert Bell. — Mar. Janet Paterson.

CLARK, WILLIAM. 7th July 1803.

Apprentice to Craufurd Tait. — Eldest son of David Clark, Merchant in Edin- burgh. Died 8th November 1863, aged 84. Mar. 29th August 1814, Margaret, daughter of the Rev. William Bennet, minister of Duddingston. Sheriff- Substitute of Clackmannanshire, 1832-52.

CLARK, WILLIAM MORTIMER. 17th February 1859.

Apprentice to John Scott. — Son of John Clark, Manager of the Aberdeen Insur- ance Company. Bm-n 24th May 1836. Mar. 22d November 1866, Helen, daughter of Gilbert Gordon, Peterborough. Called to Bar of Ontario 1867. Chairman, Knox College ; and Member of Senate, University of Toronto. Q.C. 1890.

40 THE SOCIETY OF WEITERS TO THE SIGNET

CLARKE, ALLAN, of Woodside. 29th June 1759.

Apprentice to Andrew Wallace.— Son of William Clarke, Merchant in Linlithgow. Died 8th January 1810.

CLASON, ANDREW, of Hallyards. 5th December 1811.

Apprentice to Sir William Drysdale.— Son of the Rev. Robert Clason, Minister of Logie. Born 26th April 1787. Died 23d September 1850, unmairied.

CLEGHORN, DAVID. 8th July 1800.

Apprentice to Charles Bremner.— Son of Thomas Cleghorn, Inspector-General of Imports and Exports for Scotland. Boi-n 13th November 1775. Died 24th October 1840, immarried. Crown Agent, 1833-35, 1837-40.

CLEGHORN, GEORGE, of Weens. 6th December 1804.

Apprentice to William Macdonald. — Second son of Thomas Cleghorn, Coach- maker in Edinburgh. Bmn 1780. Died 7th July 1855. Mar. 5th February 1822, Marion Catherine, third daughter of John Dalton of Sleningford 'Park, Yorks. Author of Remarks on Ancient and Modern Art, 1837.

CLEPHANE, HENRY. 30th January 1798.

Apprentice to William Lumsdaine. — Fifth son of George Clephane of Carslogie, Fifeshire. Died 1 8th October 1818.

CLERK, MALCOLM HENRY. 20th April 1877.

Apprentice to J. M. Lindsay, Alexander Howe, and William Macgillivray. — Third son of John Clerk, Q.C. Born 14th May 1853. Died in Ceylon 11th May 1890, unmarried.

COCKBURN, GEORGE. 8th December 1697.

Apprentice to Laurence Oliphant. — Son of James Cockbum, Provost of Haddington. Mar. Elizabeth Wallace.

COCKBURN, THOMAS, of Rowchestek. 18th January 1749.

Apprentice to (1) James Home; and (2) Andrew Wa

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