Page:Notes and Queries - Series 10 - Volume 8.djvu/56

 NOTES AND QUERIES. [io s. VIIL JULY 20, 1007.

they were determined to allow no outside influence to interfere with the first dispatch and consideration of cases brought before them. Attempts must frequently have been made, and by no less a personage than King James VI. himself, for it is found that an ordinance of Court was passed at a meet- ing of the Secret Council held at Stirling on 21 February, 1578, to this effect :

"The quhilk day the Lordis of Secreit Counsale hes thocht meit and expedient that the Kingis Majestie sould not writ to the Lordis of his Hienes Counsale and Sessioun in furtherance or hindrance of ony particular personis, actionis, and causis in tyme cuming, bot suffer thame to proceid and do justice in all actionis privilegit to be clecydit be thame, as they will answer to God and his Hienes thair upoun."

This was certainly pretty straight talking to royalty, but undoubtedly there must have been grave reason to believe that hidden influences were being brought to bear on the judges' procedure.

In 1596 some tumultuous proceedings in the city of Edinburgh disturbed the har- mony of municipal and Court life. Certain ministers, it was alleged, had been guilty of treasonable designs, and with others had forced themselves upon the King, who along with

"certane of his Nobilitie and Lordis of Sessioun, being sittand in the inner hous of the tolbuith of Edinburgh in quiet maner for administratioun of justice,"

was practically besieged in the building. Much feeling was provoked in the matter, and in consequence the Corporation of Edinburgh had to take forcible measures to bring to justice the offenders. Mean- time the Courts of Justice were removed to Perth. One of the chief offenders was a minister of the name of Bruce. Up to the time of the tumult he had been a great favourite at Court, having been at one time Privy Councellor Extraordinary. He was " an especial object of his Majesty's resentment, partly on account of his continued Presbyterian inflexibility, even in the humbled circumstances in which he had been permitted to resume his Edin- burgh pastorship."

One means taken to show the royal dis- pleasure was the stoppage of a life pension enjoyed by Mr. Bruce of twenty-four chalders of victual out of the rents of the Abbey of Arbroath. It was transferred to one Lord Hamilton, against whom the Presbyterians had many grievances. In order to vindicate his position, Mr. Bruce appealed the case to the Court of Session. The narrative may be quoted :

" His case was irresistible ; and though the King was present in the Court during the different stages

of the hearing, and at last, when he saw the final judgment likely to go against him, openly dared the judges to oppose his will, the decision for Bruce was practically unanimous. Few things, indeed, are more memorable in the annals of the Court of Session than the manly behaviour on this occasion of Lord Fyvie, and three or four other threatened judges. Lorcl Fyvie, Courtier and Councillor though he was, and also a reputed Roman Catholic, rose first, as President of the Court, and informed the King that though his Majesty might remove them from their offices, he had no power to compel their judgments while they sat there, and they must and would do justice, even against his Majesty himself; Lord Newbattle and others- followed in the same strain."

An Act of the Parliament recited certain particulars which required to be observed by the Lords of Session. In going to the Court his lordship was to have no other retinue than his ordinary household servants, and he was to go thither in a " seamlie maner, on his horse with a foote cloath." But, as many of them had their dwellings near the Session House, and some of these situated " in narrow closes whair thair is- not ane convenient passage for horse, and the calsay being dangerous to be ridden upoun," it was found that some latitude was required, so it was understood that those lords " sail not be tryed to this necessitie of ryding." A special clause was also inserted that in appearing before the Court persons of " qualitie " were not to have any other following than an advocate or agent, as it was

"intolerable that justice should seem to be pro- cured by threatening or convocation!!, as though justice were not so reddie for the poore as for the grite ones."

The Lords of Session had strict rules prescribed for them for church observance. In 1619 we find that James VI. issued letters directing that they were to receive the Communion at Easter " with all dew reverence efter the maner prescryved be the ordouris and actis of the last General! Assemblie of the Kirk haldin at Perth." It appeared that some one had informed royalty that Sir James Skene of Curriehill had declined to obey the order of the King,, and left Edinburgh to partake of the Com- munion in a Church still using the old fashion,, in which he was influenced by his wife and mother (according to Calderwood), who were both zealous Presbyterians. Accordingly his Majesty, thinking it

"ane unworthiepairtin ane to site as a judge under his Majestie, who by his awne goode example will not leade the way of dewtyfull obedience unto otheris,"

orders him to appear before the Court and