The Council, having called evidence, and found the charge proven, sentenced M‘Lachlan to be whipped through the city of Edinburgh, and banished to the American plantations. They afterwards altered the sentence, and adjudged the Jacobite schoolmaster, instead of being whipped, to stand an hour on the pillory at Edinburgh, and an hour on the pillory at Glasgow, under the care of the hangman, with a paper on his brow, with these words written or printed thereon—‘John M‘Lachlan, schoolmaster at Glasgow, appointed to be set on the pillory at Edinburgh and Glasgow, and sent to the plantations, for seducing and debauching soldiers to run away from their colours, and desert their majesties’ service.’
Two days later, the Privy Council recommended their majesties’ advocate to prosecute M‘Lachlan before the committee anent pressed men, ‘for the disloyal and impertinent speeches uttered by him yesterday while he stood upon the pillory of Edinburgh.’ What came of this, we do not learn; but on the 3d of July there is a petition from M‘Lachlan, setting forth that, after a nineteen weeks’ imprisonment, he is sinking under sickness and infirmity, while his family are starving at home, and craving his liberty, on giving assurance that he shall not offend again against the government. His liberation was ordered.
James Hamilton, keeper of the Canongate Tolbooth (July 16, 1696), represented to the Privy Council that it had been customary for him and his predecessors to receive two shillings Scots per night for each recruit kept in the house, with a penny sterling to the servants (being 3d. sterling in all), and their lordships, in consideration of his ‘great trouble in keeping such unruly prisoners in order’—he ‘being liable to the payment of ten dollars for every man that shall make his escape’—had authorised him to take ‘obleisements’ from the officers for the payment of these dues, till lately when the authority was withdrawn. This had led to loss on the part of the petitioner, who had now spent all his own means, and further run into debt, so that, ‘through continual hazard of captions,’ he was threatened with becoming a prisoner in his own jail. He entreated payment of some arrears for General Mackay’s recruits, as well as these recent arrears, and likewise for the proper allowance for ‘the coiners and clippers,’ latterly an abundant class of prisoners, on account of the tempting condition of the coin of the realm for simulation. The Lords |1693.| recommended Hamilton to the treasury for payment of the monies due to him.[[100]]
Feb. 2.
Though Scotland had long enjoyed the services of four universities, the teaching of any of the natural sciences was not merely unknown in the country, but probably undreamed of, till the reign of Charles II. The first faint gleam of scientific teaching presents itself about 1676, when, under the fostering care of Dr (afterwards Sir) Robert Sibbald, a botanic garden was established near the Trinity College Church, as a means of helping the medical men of Edinburgh to a better knowledge of the pharmacopœia. It was put under the care of James Sutherland, who had been a common gardener, but whose natural talents had raised him to a fitness for this remarkable position. In his little garden in the valley on the north side of the city, he taught the science of herbs to students of medicine for small fees, receiving no other encouragement besides a salary from the city of twenty pounds, which did not suffice to pay rent and servants’ wages, not to speak of the cost of new plants. At the time of the siege of Edinburgh Castle in the spring of 1689, it had been thought necessary, for strategic reasons, to drain the North Loch, and, as the water ran through the Botanic Garden, it came to pass that the place was for some days under an inundation, and when left dry, proved to be covered with mud and rubbish, so that the delicate and costly plants which Sutherland had collected were nearly all destroyed. It had cost him and his assistants the work of a whole season to get the ground cleared, and he had incurred large charges in replacing the plants.
At this date, the Privy Council, on Sutherland’s petition, took into consideration his losses, his inadequate salary, and the good service he was rendering, ‘whereby not only the young physicians, apothecaries, and chirurgeons, but also the nobility and gentry, are taught the knowledge of the herbs, and also a multitude of plants, shrubs, and trees are cultivated which were never known in this nation before, and more numerous than in any other garden in Britain, as weel for the honour of the place as for the advantage of the people.’ They therefore declared that they will in future allow Mr Sutherland fifty pounds a year out of fines falling to them, one half for expenses of the garden, and the other half by way of addition to his salary.[[101]]
1693. Apr. 13.
Mr Stephen Maxwell, ‘alleged to be a Romish priest,’ prisoner in Blackness Castle, Mr George Gordon, Mr Robert Davidson, and Mr Alexander Crichton, ‘also alleged to be popish priests,’ and prisoners in the Edinburgh Tolbooth, were ordered to be set at liberty, provided they would agree to deport themselves from the kingdom ‘in the fleet now lying under convoy of the man-of-war lying in the Road of Leith,’ and give caution to the extent of a hundred pounds that they would never return. On the 17th, Mr James Hepburn, ‘alleged to be a popish priest,’ was ordered to be liberated from the Canongate Tolbooth on the same terms. All of these gentlemen had been for many months deprived of their liberty.
There still lay in Blackness Castle one John Seaton, who had been apprehended in December 1688, on suspicion of being a priest, and confined ever since, being four and a half years. He had been offered the same grace with the rest; but he was prevented by his personal condition from accepting it. According to his own account, he was seventy years of age. He ‘has not only spent any little thing he had, but his health is likewise entirely ruined, beyond any probability of recovery.’ He was most willing to have gone abroad, ‘where he might have expected better usage for ane in his condition than he can reasonably propose to himself anywhere in this kingdom;’ but ‘when the rest went away above a month ago, finding his health so totally broken by sickness, old age, and imprisonment, and his infirmity still growing worse,’ he was ‘necessitat to continue prisoner, rather than hazard a long sea-voyage, whereby he could expect no less than an unavoidable painful death, the petitioner, when formerly in health and strength at sea, being still in hazard of his life.’ John Seaton further represented that he had never, during his long imprisonment, received any support from the government, but been maintained by the charity of his friends. He now prayed the Council that they would take pity on him, and ‘not permit him, ane old sickly dying man, to languish in prison for the few days he can, by the course of nature and his disease, continue in this life,’ but let him retire to ‘some friend’s house, where he may have the use of some help for his distressed condition, and may in some measure mitigate the affliction he at present lies under by old age, sickness, poverty, and imprisonment.’
The Council ordered Seaton to be liberated.[[102]]