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ROBERT had disposed of the extensive feus he held
in Lorn to the Earl of Breadalbane about 1663. The noble property of
Glenlyon fell into the hands of Lord Murray in 1684. The only part
of the once large estate remaining in possession of the family at
his death were the jointure lands of his wife, and the small
property of Kilmorich, which had been so settled that he could not
touch it. His extravagance had created many debts, which were
pressing with severity upon his family. But notwithstanding the
hopelessness of the attempt, the first thought of his son was, how
he could recover his father's inheritance. Iain Bitidhe
(yellow-haired John) was twenty years of age when his father died in
Flanders. The following letter, written immediately on receipt of
the news of his father's death, explains his position and views :—
29th October, 1696.
May it please your Lordship—Being in Caithness
when I heard of my father Glenlyon's death, I made all the heast I
could to returne to wait upon your Lordship, to represent the case
of the Earle of Tullibardine's claim upon my father's Estate. But
comeing home, I understood that your Lordship was gone to London,
qich oblidges me to give you this trouble, humblie begging your
Lordship's protectione in that matter, to prevent the ruine of my
father's familie, which the best Lawiers in the Kingdome, and
particularlie my Lord Advocate, are of opinione may be yet done, if
my friends owne me. In regarde that any right of the Earle of
Tulliebardine has is but of the nature of a wadsett, redeimable on
payment of the soume therein contained, which is farr within the
treu value of the Estate. And seeing my
own uncles and
cusin-germans are able and willing instantly to advance all the
money that the Earle of Tullibardine pretends to, for relieving the
Estate to my behoof, I humblie entreat your Lordship (seeing you are
now on the place) to speak to my Lord Tullibardine in my behalf, to
sie if he will accept of his money in a friendly manner without
putting me and my relations to any further expenses. Which is well
known we are not able to undergoe, being reduced to grate
extremities by the wayes and methodes which were takine to turne us
out of all we had. Qranent I earnestlie entreat your Lordship may be
pleased to gett the Earle of Tullibardine's positive answer
imediately. Because the present circumstances of the affaire will
not admitt of any delay. In regaird if he refuse, I most prosequtt
the legall part before my minority expyre, which is now neir elapst.
And besyds I may come to lose the present opportunity that offers,
by my uncles and cusin-germans being willing to advance the money,
whereby my father's familie may yett be preserved in the name. For
they will accept of repayment from me of the prin11. soume in such
moyties as I please, and give me a perpetual reversion and present
possessione of the superplus more than satisfies their current
annualrents. I humbly beg your Lordship's answer, that I may be
determined in time how to proceed. The beginning of the winter
sessione being that there are processes then, hinc inde, depending.
And as your Lordship's appeiring for me will doe me a grate deall of
honour, so it will certainly preserve a familie who have been upon
all occations servisable to your Lordship's most noble predecessors,
whose futt-stapes therein! resolve to follow, and ever to conteinow.—May
it please your Lordship, your Lordship's most obedient and most
humble servant. John Campbell.
For the Earle of
Bieadalbane.
The answer to the
foregoing earnest and humble appeal came not from the Earl but from
his lawyer, Colin Campbell:
Edin. 2. Feb. 1697.
Sir—You will see by
the enclosed what returne the Earl of Tullibardine hath given to
your Letter, and of David Campbell, Advocate, yranent who is very
friendly. Yr. friends yen cane expect nothing but the rigour of the
Law that way, ffor the Earl's Advocates are insisting in ther old
process, to have the restitutione made voyd. But I judge their will
nott be muche done this sessione. Iff your comeing over be necessary
(which I think it will nott this Sessione) I sail accquaint you in
dew tyme. My Lord Marquess Advocats are postponeing your Mother's
business, with delays as much as they cane. And would faine restrict
her joyntur if they cane. They have som pappers, they say, to
produce, under her own hand, that will restrict her right upon
Killmorich. We cane make nothing till we see you. They are to be
produced to-morrow. Ther sail be noe indeavors wanting to bring it
to a Decreit this Sessione.—I am, Sir. your Coussen to serve you, C.
C.
ffor the Laird of
Glenlyon.
The next is from the
Earl. It is quite characteristic of the man. The issue, and the
person into whose possession these lands ultimately came, throw a
doubt upon his professions of friendship, and make it probable that
in this, as in every other act of his life, he used double-dealing.
We shall hear more about the matter in another paper:—
ffinlarig, 12 Jully.
1697. COSSEN—I have just now red yours of the tenth. I know not how
it came to be soe long on the way. Coline Ramsay did last week
informe at Edinr> that you were ther, and that all your desyre of
recovering your esteat wood doe. I know not who made him soe wise
but it oblidged me to send yesterday an expresse to Edinr' to assure
them of the contrarie. The same endeavours are used w4- you to
persuade you of my remisnes, but I'll put the contrary under my
hand. My sone Glenurchay is just now come here, and hes spoake to
the E. of T. thoroughly of your affaire, as alsoe w'- the E. of A. &
my L. A. C. ; and q*- hes past betwixt them oblidges me to call you
& yr. friends here to-morrow morning ; In order to put an end to all
thats to be done in your affaire at this time. And that from this ye
may goe to Edinr'. Two that effect I have written to Duneaves to
advance you money, and I shall reimbruse him, and alsoe to come here
w*- you. My sone tells me, that my Lord Tulliebardine says ye agreed
w*- him at Hungtingtower, that Duneaves & the rest of the
undertakers were to goe w'- you to Edinr- to him, qch I understood
not to be soe. However, I shall write for the rest to meet you here
to-morrow. I wish ye wold persuade yr cossen to come provided to goe
alongst w'- you if found needfull qn we meet. In caise it be not, I
shall be als unwilling that any person should goe, as they can be
themselves, if it can be done wtout them. Soe expecting you soe
early as may be, for I had stopt my jurney for yr coming, I remain,
yr affectionate Cossen to serve you, Breadalbane.
ffor the Laird of Glenlyon.
The bearing of the whole question, as well as the
upshot, are best learned from a lawyer's opinion obtained by
Glenlyon a few years afterwards in reference to the claims of his
father's creditors :—" The deceast Marquess of Athole haveing
unquestionable rights to the estate of Glenlyon by expyred
compreisings in his person : He enters in contract wt the deceast
Robert Campbell of Glenlyon in the year 1684, whereby out of love
and favour to the present Glenlyon his sone, he restricts the great
sums due to his Lops, to the sum of 39,000 lib, and grants the said
John Campbell of Glenlyon a Reversion for redeeming the said lands
wtin the space of six years thereafter. But on this express
condition, that in case the said lands were not redeemed wtin said
time, then and in that case the reversion should ipso facto
expyre and become extinct, as if the same had never been made nor
granted. The Marquess paying to this Glenlyon, in the event of not
redemption, ane certain sum." . . . . "Glenlyon haveing failed in
useing the ordor of Redemptione wtin the limited time, the Marquess
raises a proces of Declarator agt. him, for declare-ing the
reversion granted to him, out of love and favour only, extinct and
voyd; and accordingly the same was declared, and the present Duke of
Athole, as haveing right from his fayr. to the lands of Glenlyon,
did pay to the present Glenlyon a certain sum of money upon his
granting a Discharge yrof in terms of the forsd reversion." The
opinion as to Glenlyon's liability to his father's creditors then
follows, but is of no consequence, especially as it was not acted
upon.
The next papers
contain a list of the most pressing of Robert Campbell's debts at
the time of his decease. There were many other and heavy debts due
to friends, who gave the ruined family breathing space to recover
themselves. These papers afford a good insight into the everyday
life of a laird in the seventeenth century, and are interesting for
the statistical clues they offer to any person delighting in such
researches :—
John, Duke of Atholl,
&c, sheriff principal of the sheriffdome of Perth, To mairs,
conjunctly & severally, speciallie constitute, Greeting. Forasmuchas
It is humbly meaned and shown to us By Master David Ramsay of
Lethendie, executor after mentioned, That where umple- Robert
Campbell of Glenlyon as principal, and John Campbell younger of
Glenorchie as Cautioner, by their bond, subscribed he them of the
date the fyth and seventh dayes of June, 1661 years band and
oblidged them, conjunctly and severallie, their heirs &c, to have
contented and paid to John Ewing, merchant in London, the sum of
fourteen pound thertteen shillings three pennies sterling money
principal, and at and again the first day of Jully then next, with
twentie shillings money foresaid of liquidate expences, in caice of
failzie ; and annualrents after the'said dyet of payment dureing the
not payment thereof as the said bond in itself more fullie bears. In
and To the which bond, sums of money, principal annualrents, and
expences adwriten, the said John Ewing, by his assignation, dated
the nth of October, anno foresaid, made & constitute James Nickoll,
writer in Edinburgh, his cossioner & assigney! Likeas, the said
James Nickoll, by his | translation, subd be him of the date the
twelveth day of March, 1685, Transferred and disponed his haill
right yrof In favour of John Melvill, younger, merchant in Edinburgh
: And Sicklike, he by his Disposition, dated the 24th March, 1688
years, conveyed his haill right to the premises in favours of the
said Mr. David Ramsay, complainer. As Also, the said umq1 Robert
Campbell, by his other bond, subscribed by him of the date the fyfth
day of March, 1669 years, band and oblidged him, his heirs, &c. to
have contented & payed to Mr. Archibald Campbell, writer at
Edinburgh, the sum of fourscore pounds Scots money principal, at and
again Lambas then next, with sixteen pounds of liquidat expehces in
caice of failzie, and adrent after the date of the said bond, during
the not payt as the s<j bond in itself proposes : In and To the
which bond, and sums yrin contained, the said Mr. Archibald
Campbell, by his letters of assignation, of the date the tenth of
September, 1679, made and constitute John Campbell, writter to the
Signet, his cossioner & assigney : Likeas, the said John Campbell,
by his translation, subscribed by him of the date the fyltf of June,
1682 years, transferred and disponed his haill right qrof in favours
of James Nickoll, merchant in Edinr. together with all letters and
diligence, raised by him yrupon : And Likeways, the said James
Nickoll, by his right and disposition, subed be him of the date the
twelveth of March 1685, sold, assigned and disposed the foresd bond
last narrated, and haill conveyances thereof, in favours of the said
John Melvil, yor merchant in Edinburgh : And Sicklike, the said John
Melvill by his right & disposition, subscribed be him of the date
the twenty-fourt of December, 1688, assigned and disponed in favours
of the sd Mr. David Ramsay, complainer, the foresd last narrated
bond assignation. Translation and Disposition, with all that had or
might follow yrupon, as the saids haill writts of the respective
dates above written, herewith produced, in ymselves at more length
is contained : ffor payment and satisfaction of the which sums of
money, prin1, adrents, and expences adwritten, contained in the
foresds bonds, the said Mr. David Ramsay, as haveing right in manner
adwritten, Did, upon the twenty-two day of December, 1696 years,
confirm himself executor-dative qua creditor to the said umqle
Robert Campbell of Glenlyon, before the Commissar of Dunkeld, and
particularly to the moveable goods & gear of the sd defunct
contained in the Confirmed Testament, and particularly aftermend :—Towitt,
five old plugh horses, all estmat over head to fiftie pound ; Item,
eleven great cows with their calves, estimat to twelve pound per
piece—Inde, ane hundred and thretty two pound ; Item, five
three-year-old cows at eight pound the piece—Inde, fourty pound ;
Item, three two-year-old cows at five pound the piece—Inde-fifteen
pound ; Item, three ane-year-old stirks at four pound the piece —:Inde,
twelve pound; Item thretty-six head of sheep at two marks and ane
half the piece—Inde, fiftie pound ; Item, nine ane-year old hogs at
twenty shillings the piece—Inde, nine pound; Item, twentie-eight
lambs at ten shillings the piece—Inde, fourteen pound; Item, eight
bolls of white oats, sown crop 1696 years, estimat to the third
corn—Inde, twentie-four bolls at four pound the boll—Inde, ninetie
six pound ; Item, twelve bolls of gray oats, sown crop foresaid,
estimat to the third corn—Inde, thretty-six bolls at two pound the
boll—Inde, seventie-two pound ; Item, of Rye five bolls, sown
estimat to the third corn—Inde, fifeteen bolls at five pound the
boll—Inde, sixty-five pound; Item, three pecks Rye, sown at the
third corn, is nine pecks at half ane mark the peck—Inde, three
pound ; Item, ane duzon of old silver spoons at five pound the
piece—Inde, sixty pound ; Item, ane silver quaich w' two lugs,
estimat to three pound; Item, ane silver cup, wt silver cover,
estimat to thretty-six pound; [Item, ane little silver dish, estimat
to three pound ; Item, three brass candlesticks, all estimat to
eight pound ; Item, eleven old pewter plaits, qrof six large one,
estimat to thretty-six shillings the piece, & the other five less
ones to twenty shillings the piece—Inde, fifeteen pound sixteen
shillings; Item, ane duzon of old pewter trenchers, estimat to eight
shillings—Inde, four pound sixteen shillings; Item, ane broken
pewter quart stoup, ane pint stoup, ane chopin & ane muskin stoup,
all of pewter, all estimat to four pound ; Item, two brass pans, ane
48s. and the other 12s.—Inde, three pound; Item, ane old kettle,
cons about ten gallons, estimat to 24 lib. ; Item, ane mashing vatt,
estimat to four pound ; Item, ane wort stand, worth half ane crown,
ane pound 10s ; Item, three iron pots, qrof two containing a gallon
the piece & the other six pints—Inde, five pound; Item, three
barrells, qrof two of four gallons the piece, & the oyr ane gallon,
ane lead gallon, awori dish and a two-handed tub, all estimat to
three pound ; Item, three stands, estimat to four pound 10s ; Item,
two washing-tubs worth two pound ; Item, four meathers, three chopin
cogs, two timber plaits, a timber ladle, and cheeser and ane * *
dish all estimat to sixteen shillings ; Item, two butter cans, worth
5s the piece ; Item, ane speit and ane pair of raxes, worth six
pound ; Item, ane crook, and ane pair of tongs, and a brander, all
estimat to 2 lib.; Item, ane old girdle, worth 12s. ; Item, ane meal
firlot, ane peck, & ane lippy, all worth ane pound; Item, the
plough, wt. the plough graith and irons yrt belonging, and horses
graith, all worth three pound ; Item, of bedsteads wtin the house of
Chestill, four all furnished wl curtains, feather beds, & blanquets
& sheets, all estimat to ane hundred pound ; Item, of box beds,
three w'- sheets and blanquets, estimat to 20 lib.; Item, two stand
of hangers, ane qrof stript, the oyr plain estimat to 20 libs; Item,
ane table in the hall worth * * *, a carpet cloath, worth twenty
pound; Item, ane old skringe, yr worth ane pound ios.; Item, ane old
pair of virginals, twelve pound; Item, of the tables throw the
house, four worth four pound; Item, ane old knock, worth ten pound ;
Item, ane old meal girnell, estimat to eight pound; Item, three
little chists, worth three pound; Item, ane ambrie, worth 3 lib. ;
Item, ten old rustic leather chairs, estimat to 10 lib. ; Item, of
other chairs throw the house, six estimat to seven pound ; Item,
three truncks, three timber chists, and two bigger chists worth 20
lib.; Item, ane large looking-glass, estimatt to five pound ; Item,
ane old large Bible, estimat to four pound ; Item, three duzon of
dornuck servets, some of ym old, and three table-cloathes and two
hand towels, all estimat to twenty pound ; Item, three * * * * of
pewter, worth ane pound 16s. ; Item, ane glass case, with eight
glasses, estimat to 5 lib. 6s. 8d.; Item, ane pistoll and ane morter
of copper, worth four pound; Item, ane smoothing iron worth 20s.; As
in the said testament at more length is con^ : And true it is and of
veritie (that Helen Lindsay) relict spouse to the said deceast
Robert Campbell of Glenlyon, hath intromitted with, used, and
disposed upon the goods, gear, and others particularly abovemend
contained in the sd confirmed Testament, and als that she is * *
Intromissatrix yrwith, and with the other moveable goods and gear
that belonged to her sd umqlo husband or at least doth oyrwise
passive represent him, and therefore of all law, equitie, and
reason, she the sd Helen Lindsay ought & should be decerned and
ordained be decreit of Court, order of law & justice either to make
pay' and satisfaction to the said Mr. David Ramsay, complr, of the
sums of money, princ" adrents, & expences due to him, for himself,
and as assigney foresd, by the sd deceast Robert Campbell of
Glenlyon, conform to the severall bonds admend or at least to make
forthcoming and deliverie to the sd complr the goods, gear, and oy's
particularly abovementioned, which belonged to the said defunct, and
were intromitted wt by her as said is, and qrunto the said
complainer hath right as exer foresd, or else to satisfie and pay
the complainer the avails and prices yrof above sett down— Yerefore,
&c. |
