‘The Lord Somerville had often importuned the Lords of Session for a hearing in the Inner House [of a cause respecting lands, in which he was engaged against his relation, Somerville of Cambusnethan], but was still postponed by the moyen [means] and interest of the Laird of Cambusnethan and the Lady. At length he was advised to use this policy, by one who knew the temper and avarice of Morton, then Regent. This gentleman’s advice was, that the Lord Somerville should have his advocates in readiness, and his process in form, against the next day; timely in the morning, that he might not be prevented by other solicitors, he should wait upon the Regent in his own bed-chamber, and inform him that his business was already fully debated and concluded; that only Cambusnethan had given in a petition of new, craving that his business might be heard again in presentiâ, before their decerniture, which hitherto, notwithstanding of his bill, he had hindered himself; therefore his desire should be that his royal highness[99] should be pleased to call his action against Cambusnethan, that so long had been depending before them. And, whatever answer he should receive from the Regent, he desired my Lord Somerville not to be much concerned; but upon his taking leave, he should draw out his purse, and make as though he intended to give the waiting-servants some money, and thereupon slip down his purse with the gold therein, upon the table, and thereafter make quickly down stairs, without taking notice of any cry that might come after him. The Lord Somerville punctually obeyed this gentleman’s direction and advice in all points; for, having advised his business the night before with his advocates, and commanded his agents to have all his papers together against the morrow, for he hoped to bring his business to a close, being prepared, timely the next morning with his principal advocate he was with the Regent, and informed him fully of his affair; he gave a sign to his advocate to remove, as though he had something to speak to the Regent in private; when he observed his advocate to be gone, he takes his leave of the Regent, there being by good-fortune none in the room but themselves, two of the Regent’s pages, and the door-keeper within. It being the custom for noblemen and gentlemen at that time always to keep their money in purses, this the Lord Somerville draws out, as it were to take out a piece of money to give to the door-keeper, and leaves it negligently upon the table. He went quickly down stairs, and took no notice of the Regent’s still crying after him: “My lord, you have forgot your purse,” but went on still, until he came the length of the outer porch, now the Duke of Hamilton’s lodging, when a gentleman that attended the Regent came up, and told him that it was the Regent’s earnest desire that his lordship would be pleased to return and breakfast with him; which accordingly the Lord Somerville did, knowing weel that his project had taken effect.
1577.
‘About ten o’clock, the Regent went to the house, which was the same which is now the Tolbooth Church, in coach. There was none with him but the Lord Boyd and the Lord Somerville. This was the second coach that came to Scotland, the first being brought by Alexander Lord Seaton, when Queen Mary came from France. Cambusnethan, by accident, as the coach passed, was standing at Niddry’s Wynd head, and having inquired who was in it with the Regent, he was answered: “None but the Lord Somerville and the Lord Boyd;” upon which he struck his breast, and said: “This day my cause is lost;” and indeed it proved so; for about eleven hours, the 18th day of December 1577, this action was called and debated until twelve most contentiously by the advocates upon both sides.... After the debate was closed, the interlocutor passed in my Lord Somerville’s favours.... Thus ended that expensive plea betwixt the houses of Cowthally and Cambusnethan, after seven or eight years’ debate, and these lands of Lothian [Drum, Gilmerton, and Goodtrees] returned again to the Lords Somerville, when they had been fourscore years complete in the possession of the family of Cambusnethan.’—M. of S.
Although this story was transcribed from family tradition a century after the alleged occurrence, there is too much reason in the monstrous avarice of Morton to believe it near the truth.
The commencement of the lawsuit between Lord Somerville and his cousin forms an equally curious tale. The Laird of Cambusnethan had a second wife, exceedingly ambitious of the advancement of her own children. First and second alike had been favourites of King James V., and women of great beauty. To promote a match for her son with Lord Somerville’s second daughter, Lady Cambusnethan brought a package of family papers to Cowthally, intending to shew that the young man would inherit a large portion of his father’s property—namely, the Mid-Lothian estates. It happened that Mr John Maitland, younger brother of Secretary Lethington, was then living in retirement with his kinsman, Lord Somerville; and, the papers being put into his hands, he soon discovered that the lands destined for the young man were recoverable by his lordship. He took a duplicate of one important document, and then the whole were returned to Lady Cambusnethan, who by and by took her leave with a fair answer from Lord Somerville, though in reality he only felt disgust at a proposal which aimed at a severe injury to the heir of her husband’s house.
Lord Somerville and Maitland took the pleasure of hunting that afternoon. ‘During their sport, Mr Maitland takes occasion to inquire at his cousin, if his lordship’s predecessors had ever any interest in Mid-Lothian, and if he knew how they parted with the same. He answered they had; and to the best of his knowledge, the house of Cambusnethan had these among many other lands they received from his great-grandfather, Lord John, who, upon the account of his son of the second marriage, went near to have ruined his family, by reason of the great fortune he left to the son of that marriage. By this answer, Mr Maitland understood that his cousin Lord James was altogether ignorant of the way and manner of the conveyance of Drum, Gilmerton, and Goodtrees from his family to that of Cambusnethan, and therefore, in a drolling way, he asked his cousin what he would bestow upon that person that should put him in a way to recover these lands. My Lord, smiling, said: “Cousin, the bargain should soon be made, if once I saw the man that made the offer.” Whereupon Mr Maitland pulling out the paper, which was the double of King James the Fourth’s gift, delivers it to my lord, saying: “There it is that will effectuate and do that business; and seeing I am the man that has made the discovery, I crave no more but your lordship’s white gelding.” Hearing this discourse, and having read the note, Lord Somerville immediately lights from his horse, and taking his cousin all in his arms—“Here is not only my gelding, but take this, which in these troublesome times I have still kept upon me, not knowing what might befall, having, as was my duty, sided and taken part with that just interest of my princes which has had but bad success in the world.” That which the Lord Somerville gave with the gelding to his cousin was a purse sewed by his mother, Dame Janet Maitland, with silk and silver, containing twenty old pieces of gold; and, indeed, it could not be better bestowed than upon her nephew, a brave gentleman, whose great abilities and personal worth afterward brought him to be the principal officer of state in Scotland.’
1577.
The crop of this year must have failed to a lamentable extent, as, immediately after harvest, we hear of ‘exorbitant dearth of victual and penury thereof,’ and the ensuing year was, according to a contemporary diarist, marked by ‘ane great dearth of all kinds of victuals, through all Scotland, that the like was not seen in man’s days afore.’ According to the latter authority, ‘the meal was sauld for sax shillings the peck, the ale for tenpence the pint, the wine for the best cheap forty pence the pint; fish and flesh was scant and dear.’—Aber. Chron.
In November 1577 two boat-loads of beir were about to sail from Aberdeen harbour for Leith, when the town-council arrested them, and ordained the victual to be sold to the inhabitants of Aberdeen at ‘competent prices.’[100]