[612] Perez, Antonio, Spanish Jurist, 1583-1678.

On the 17 of November 1671, Mr. William Bailzie, Advocat, gave in a complaint on J. Watson of Lammyletham for having abused him, and called him a base rascall and threatning to draw on him. My Lord Newbayth being appointed to examine the witnesses, and having reported the Lords, called him and Mr. William in alone, rebuked him, and commanded him to cary him selfe more soberly in tyme coming.

On the 23 of November 1671, Sir Androw Ramsay of Abbotshall, Lord Provest of Edinburgh for the 10't year altogither, was received ane ordinar Lord of the Session upon his Majestys letter to that effect, in the place vaicand throw the deceas of Alexander Lord Halkerton, who possest that place of before.

I find in the records of Sederunt about the year 1553 and afterward on Sir William Hamilton[613] of Sanquhar Hamilton a Lord and provest of Edinburgh both at once. I find also that Chancelor Seyton[614] for some years that he was President Fyvie and some years that he was Chancelor (for he was 10 years altogither provest) was also Provest of Edinburgh; but that was at a tyme when the Senators of the Colledge of Justice grasped at the haill power of the toune upon their delinquency and uproar of the 17 of December 1596, for he entred at that tyme when the toune was at their feet, and when they had the approbation and reprobation of the toune their yearly election, but whow soon the toune begane to recover strenth and the memory of that foull slip waxed old they hoised him out; and for fear of the like inconveniency, and to bolt the door theirafter, they procured ane Act of Parliament in Anno 1609 (Vid. the 8't Act), declaring that no man shall in tyme coming be capable of provestrie or magistracy but merchants and actuall traffiquers duelling within burgh. Its true Sir John Hay (who was at first toun Clerk of Edinburgh) when he was Clerk Register and a Lord of the Session, he was made Provest of Edinburgh, but it was not put upon him out of any favor, but was done by Traquaire, then Tresaurer, of designe to break him: so that none of thesse instances quadrat with our case; heir a merchant, one who entred cum bona gratia, and who hes maintained himselfe by his oune parts and moyen in that office by the space of 10 years altogether, on who toped with the Colledge of Justice for the precedency and carried it from them, and who feared not to make open war with the greatest of them; he as the only single instance is made a Lord of the Session.[615]

[613] Lord of Session (Sanquhar), 1546-61; Provost, 1554.

[614] Alexander Seton, Extraordinary Lord of Session, 1586, Ordinary, 1588, President, 1593, Chancellor, 1605-22, under the successive titles of Prior of Pluscardine, Lord Urquhart, Lord Fyvie, and Earl of Dunfermline.

[615] See Appendix III.

On the 14 of December 1671, Richard Maitland of Pitreichy was received ane ordinar Lord in the place vaicand throw the advancement of my Lord Lee to be Justice Clerk upon his Majesties letters to that purpose.

On the 5 of January 1672 died Sir John Scougall of Whytkirk, and was buried in the Grayfriers on the 7 day of January theirafter in great pomp, his goune being carried before the herse.

On the 4 of March 1672 was Mr. Robert Preston of that Ilk installed in his place in obedience to his Majesties letter direct to the Lords to that effect.