Act, 27 December 1694, Edinburgh

Edinburgh the Eleventh day of January J^aj vj^c nyntie four years

D1694/1/9

D1694/1/9¹

Decreet

Decreet The Lady Cramond against Mr Thomas Blackwall

Anent the Lybell pursued at the instance of Dame Anna Hewstoune relict of Sir James Inglis of Cramond and Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten Makeing Mentione by the Common law the lawe of all weell governed nationes and particularly by the lawes and practiq of this kingdome the defamatione of the leidges by reproaching them with untrue scandalls and Calumnies to the takeing away for their good name and exposeing them therby to the contempt and Scorne of their nighbours is a great and hyhneous offence for qhich the offenders are severly punishable and far more when the Defamatione proceeds not from passopme or inadvertancie But from a Concealled malice And premeditate deliveratione and when the defamer is at the paines to wryt the same in Rhyme therby to make his malice the more lasting and more acceptable to the readers which is punishable with infamie and is greatly aggrevate when the Scandalls are repated and Contained in a great number of Lynes and when accompanied with this Circumstance that it is done without any pretended provocatione to the offender and when done against persones of qualitie and more Especially against Ladies whose fame and reputation is tender And alse dear to them as their life, And Which defamatione and infameous Lybell is yet more agrevate and more severly punishable in a persone pretending to the studie of Theologie and aiming at the holy office of the ministrie when the Scandellous Lybell is Stuffed full of Baudie Claushes and insinuationes to uncleaness when all this is accompanied with that arragance and Onsollencie of writting them with his oun hand and sending them enclosed to the partie injured and which offence by all Law merits to be censured not only by the punishment of the offender in his persone and goods Bot also by Declareing him infameouse and uncapable to bear office within the kingdome or so much as be a witnes in or out of Judgment Nevertheless It is of veritie that Mr Thomas Blaickwell student of Theology being serveing at Barntoune as Chaplaine ther for the time Did in the moneth of January February or March J^aj vj^c nyntie tuo years or one or other of the dayes of one or other of the saids moneths without any pretended esence or provocatione from the pursuer writ a most infameous and long Lybell full of reflectione against her and her familly Wherof the tenor Followes, The Humble Advyse of a weell wisher to all Dammies direct in particular to Mr James Garshore for present in my Ladie Cramonds familly.
Sir
If yow are one that councelled can be
And will take warning loveing to forsee.
The incontenancies that doe threat’n yow now
Since to my Lady Cramond yow must bow
Come hearken and I by ane Impartiall pen
will unto yow writ over some of them.
But I must stopt sure I’m informed arrise
that into Cramond there a Chaplain is…
Quherto Quherto² into Cramond no sure it cann’t be
That ever ther a Chaplaine wee shall see
what Caplaine e’re will ener wilfullie
The place appointed for their drugerie
In Cramond no it never shall be heard
That e’re a Chapland is turned quite so mad
As wilfully downright to turne a Slave
And when has done, turne out of doors yow Knave
³ assure your self its true I saw him there
Weill if he be Ile ask him whence or where
are yow sir⁴ come of sale from the turks Gallies?
Or did yow blow at some great furnicebellies
Or did yow toile at some deep Coall pitwork
which made yow blow and spitt and host a snoart
Or were yow in some Collodge the drudge boy
who piss and dirt to Dunghill did Convoy
I Cannot tell what satione to invent.
but sure yow have been in some great terment
That yow for ease are forced for to flee
into the Chaplains Complait purgatrorie (viz. Cramond)
yea tho before yow wrought all day in myre
ye’re now out of the pan into the fire
what e’re yow were assure your self of this
be what ye’re now, ye were in parradise
And that what ever your statione was before
yow did injoy as farr contentment more
Then now yow shall enjoy poor Slave poor sott
who did ingadge yow to this greivious lott
But now Sir yow will ask how doe I know
That yow will so much hardship under goe
I answer sir if yow will give attentione
I of your lott will gie a Short Disceiptione
and now and then a Councell I will give
Which pray observe if yow think there to live
In the first place now since yow are come there
Its very like at first the’le cary very fair
Untill they have toucht yow on every String
and when you’re tuned they will begin a spring.
My Lady is exceeding good at Catch
and in all thing exceeding hard to Match
Especially when prayer yow performe
Other bewarr that nonsense ther be non
My Lady is a good sismale divine
her tongue amongst her sex makes her to shine
Sir ye must know my ladie is weell read.
and hath good femal notiones in her head
of severall things anent divinity
and can express the same most derectly
In femal termes which termes the spoke by guiss
yet yow must pardon She’s ther patroness
Now Sir your great deficulty will Ly
To keep her termes in prayer Constantly
Which if yow doe not yee will her incense
and Cause her tell yow, yow spoke great nonsense
By all means Therfore Sir her femel termes
Observe most strictly at all times
for by this means yow shall not troubled be
when prayers done the sense to signifie
Observe her termes or else yow pray in vaine
⁵ When prayers done your termes yow must explaine
Ane other thing by all means sic observe
as long as in that family yow serve
Be Sure in pray’r that yow pray for non
of all the Blissing of the brest or womb
My Lady hath of them yow see full store
your famel pupils Sir she needs no more
And tho she doe make strangers very welcome
yet yow must know such widdowes give off seldome
Mistake not therfor sir her in this thing
for tho to all Shee’s Curteous and kind
Yett She to mary nowayes does inclyve
Except a good Match put it in her mynd
But if yow Say I quite mistake your aime
and that in prayer though yow non doe name
Who can that be? is that your Ladies sister
O Is it so? I beg your pardon Sir
I did not know you did mean her
But grant yow did its sinfull pollicie
To Court by prayer wher is your modestie
Especially when Companies before
O fy for shame let’s never hear it more
Nixt for your intertainment of each kynd
I breifly this^{6 7} shall put yow sir in mynd
First for your Chamber it shall be weell hung
with good white washing it’s a statly roome
your Roome is weell contrived sir therfor
your Closs stooll shall salute yow at the door
your roome indeed each morne shall be drest up
if that the servants have no other work.
your bed shall be with brave strip Curtins drest
and all that be convenient for rest
but with this small inconveniencie
They Chance may smell of grave antiquity
Your Linins Sir may Chance to Claw your back
and for the Colour turne a good gray black.
But if yow have the itch they are the best
for unclean birds may be in any nest
Nixt for your Coall and Candle winter Comes
and will bring with it sharp end Caldrise stormes
as for your Candle, yee may such expect
as will be ready your hair on fire to sett
I doe not mean because of their great flame
But yow most sitt so near unto the same
and when your reading book weell that ye be not
into your Dancle any wasting mote
For if your Candle yow doe at all misspend
Att Betties hand your self yow shall not mend
As for your Coalls I would yow not advyse
till they bring up a fire near to rise
For if yow doe yow may Chance Lye so long
that for your breakfast they’le bid yow sleep on
But when by much intreaty yow have gott
a fire bewarr sir yow burne not your Coat
Draw back your Chair, or else you’l burne your leggs
Your bonfire will spark hotly throw the ribs
Your Candle and your fire will strive togither
Which of the twaine shall out shine on the other
your Candle will Cry o for more Creish
your fire will Cry of Coalls another peine
But answered they will not be at all
So into nothing both they doune must fall
In the nixt place Sir if your house be throng
yow must turne out into some bagadge roome
and doun sir with the pages yee most Lye
This is No Lie. I speak the verity
⁸ O plague upon that place that ever did
Lay page and Chaplain both within on bed
My pen is almost ready to spitt fire
And were it not that I doe not desyre
Further anent this subject to appear
My pen I would have turned to Launce or Speer
My pen I would in venome and in blood
have dipt, and then have lett them understood
Ther barbarous inhumane Cruilty
which they did show most undeservedly
Their harsh unjut severe behavior
to Mr R: I mean youre predecessor
Att qhich I Cannot but astonished be
For which harsh Carriadge they no pretence see
(In a parenthesis)
In all the famillies nighbouring round about
of which at present one I shall Choise out
I mean Sir Barntounes family were yow
bot into it, it’s heaven by where ye’re now
Sir George to him is instead of a father
his Lady also Caries like a mother.
They want Sir both aw and majestie
that they thus to him cary so kindlie
Bot they indeed doe want both prid and passion
which doeth at your house Cause so much vexatione
I wonder yet the more when I Consider
The dult that’s ther beside your predecesseor
A proud and sausie rogue who if but knowen
would be contemn’d by them who now him oun
He might your predecessors Schollar been
‘Mongst Dammies he never dare be seen
The reasone if I may be so plaine
Wee all him hale year wee doe him disdaine
Wee know the triks he did play in the west
Which if but know’n Sir Georg would soon him cast
A Chaplain hang him he’s weell knowen to be
ane unfite blade for that grave quality
If I a woman I would not be
My Ladies maid, No, not for a great fie.
for sire I ame I should not long be Chaste
Especially if I liv’d near his nest
I will not now further on him insist
in short he’s proud, in Schollar Craft a beast
The ⁹ reasone sir of this my Short digression
in giveing yow of him a short discriptione
Is for to prove your Lady in the wrong
for her harsh Carriadge unto such ane one
who did dieserte of kyndnes ten ¹⁰ times more
Then the blackhead off whom I spock before
When others with such kyndnes treat a knave
should she her honest Chaplain made a Slave
The parenthessis is¹¹ ended)
But I’le returne to wher I was before
and will insist a litle on it more
Out of your roome when thus yow banisht be
Wher can yow goe or where Sir can yow flee
Parhaps yow’l say into your Nurserie
O place weell fitted with Conveniencie
But when yow enter it, pray hold your nose
And fast your eyes (if modest) yow must close
And Sir be sure that yow break not your shines
‘Mongst Chamber potts or some such nestie things
In the nixt place as to your Company
Of goo d(Gray) maids yow have plurality
Not on but two, (but if they be before
pray Sir Read Grave instead of (Gray) before
Now hear your great difficulty will Ly
betuixt the tuo to cary equally
Ther was not long agoe two Chaplains ther
The one did cary blunt the other fair.
The Blunt one was some what strict and preceise
The other did make of Lips and eyes.
Now if yow ask me what of all this then
Please yow the maids and yow shall see the end
Yow shall into my Lady be approven
And of respect receive many a tocken
For hade the blunt one not been so morose.
He hade not hade by half so many foes
And yet tho (Blunt) by dispute able was
to prove the other beast or simple ass
Nixt for your dyet sir I yow informe
You’l fair the better my Lady be at home
but Grant yow be (if yow a glutton are)
of Luxene She is no favorer.
Amongst her other vertues she knowes weel
how to her servants She her meal should deall
I’m short sir (Cramond) is no place of case
Unto poor Coldrise hungrie dammies
But O Observe when yow at table sitt
Conforme your self unto your Ladies witt
Confirm her sentance tho it nonsense be
and greatly praise her vast Capacity
And tell if Lawfull yow inclyne
She should be Judge in matters divine
For if you’l once doe Contradict
Either her oun or sisters witt
Especially about (platonick) Love
Or some such questiones quhich young widdows chose
assure your self you’l from ther favour fell
Yea ¹² unto table they will not yow call
Therfore sitt sober and ¹³ ther witt admire
as if two Godesses spock in your ear
and say Madam I doe protest your right
Even tho she spoke of nonsense Sir the hight
This is the ay by which you’l happy be
Observe therfore this peice of pollicie
Another thing I had it most forgote
be sure to observe it, it’s a speciall nott
That ‘bove all thing yow studie for to gett
your pastures favor O forgett not that
For if yow Chance but one with him to thaurt
Assure your self for it you’l dearly smart
Except that yow be able for to say
yow doe not care whither yow goe or stay
For if it be so, Sir you’l be a beast
To suffer them to Crush yow in the least
O that I hade some great and vast estate
It should not be poor Dammies sad fate
Because their poor to be Disdained by all
and to be tossed like to a foot ball
Because their poor and forced to obey
Therfore by each one they’re made a pray
Because they’re poor the first word to them said
¹⁴ Is (either sir goe do this or goe begg)
I’m Confident no generous spirit can
(wher parts deserve it) e’re contain a man
Because ¹⁵ he’s¹⁶ poor but rather they will Show
more kyndnes to him because he’s Low
But since by purse I cannot now help them
I have endeavored weakly by my pen
I breiftly now thus shall appolagize
If that the readers doe me Creticize
and say my style is mean and Low
I beg your pardon I confess its so
But since my subject be but mean and base
ane old Joh trot may serve without ane pace ¹⁷
Which Lybell the Said Mr Thomas hade the Malice to writt with his oun hand to digest into such Rhyme as he was capable, and hade the Impudence to transmitt the same to the pursuer by a letter under the Counterfitt name of Mr Robert Free Tongue haveing delivered the same to Thomas Hannach Carier in Glasgow to be given to the pursuer as a letter direct to her Which Carier haveing discovered that the said Mr Thomas Blaickwall gave him that letter, The said Mr Thomas did at first deny the same with solemne protestations Bot therafter acknowledged the same to Mr John Hamilton who was minister of the place for the time By which infameous and Scandelous lybel against the pursuers frugalitie Discretione modestie and piety, The said Mr Thomas primo all allong reflects upon the pursuer for her alledged ill intertainement of her Chaplaine Calling it a drugerie and that it was madness to be her Chaplain and doune right worse then the Turks Gallies or the worst Imployments, such as the emptieing of Clossetts Blasphemeously calling all those a paradice In respect of that Statione of her Chaplaine Secundo the said infameous Lybell has other reflectiones against the pursuer saying that she is exceeding good at Catch, exceiding hard to match very Conscious of prayers scurrilously Calling her a good femel divine and that ther tongue makes her to shine amongst her sex. Tertio he most Blasphemeously sayes she expresses divinity most decently in famel termes (Because the pursuer hade caused the minister of the place admonish her former Chaplain not to use that expression of the Blissing of the breest and womb in his prayers as not being suitable for her present Case (She beeing a widdow) And then profainly Claushing upon the word termes, Whiche he writtes in great letters and marks it with a hand on the margine in baudie sense, He advises the Chaplain to advyse her termes, or Otherwayes he would pray in veine, And which profaine pitiefull Clash he is so vaine of as twice to repeat famele termes and twice to bid him observe her termes; Quarto then he with a great deall of Sausienes reflects upo the pursuer as if she were not of a modest and Chast deportment, by Saying that she make Strangers very welcome But that such widdowes goes off Seldome, and that she be Courteous and kind to all yet she will not Mary without a a¹⁸ good match. Quinto Therafter he falsely and Impiously alledges that Mr James Garshore the pursuers present Chaplaine hade prayed in the forsaid termes for the Lady Dundas who is the pursuers sister and likewayes a widdow and that he made Court to her by such prayers Wherby he not only reflects upon Dundas with ane unsupportable arrogance for lightness of tempor and meaness of spirit as if a person of her qualitie vertue and reputatione would have been Courted by her Sisters Chaplain, Bot also objects atheisme to the Chaplaine, as if by petitiones in his prayer to god allmighty he designed to make Court to a Lady Sixto Therafter the said Mr Thomas his Nonsensicall Lynes reflects upon the pursuer most Calumniously for the ill entertainment of her Chaplain in his Chamber and furnitur thereof and Coall and Candle therto and puting him sometimes to Lye with the pages, At which he falls a Cursing wishing a plague upon the place for her so doeing and in pitiefull Court wishes his pen to be turned to Lance and Spear to be diped in venome and blood for such barbarous and inhumane Cruelty And Septimo after Commending the familly he was in for the time that they wanted both prid and passion he scandelized the pursuer with both alledging that her pride and passion Caused much vexatione to the house And Octavo Then designeing by a pitiefull fetch in his Long parenthessis to conceall his being the writter of that infameous Lybell he speeks ill of himself and that he hade done tricks in the west Which if his master knew he would cast him out of this familly quherof (if he was guilty) he could not Complain of his being put away and if he like the Amillicket accused himself wrongeously and falsely he deserves not to be a Chaplaine in ane honest man’s house when he confesses his unchastity, his Ignorance his being a blockhead and a beast Nono In the nixt place after a great deall of scurrillous and nestie stuff spok of the pursuers nusserie he falleth upon the servant maids, and most falsely insinuats ther light carriadge with a grave and sobber young man Mr Patrick Home Chaplaine to the Lady Entrikine, The persewers aunt who was a youth of examplar piety and gravity and wes there very near his death when he was in the pursuers house and insinuats with most intollerable insolencies that the Chaplains Lacivious Carriadge with the persewers Servant maids, would make him approven as by the pursuer and receive many tockens of respect from her, Decimo after this he reflects upon the pursuers frugality as if she were toe parcimonious in her house and upon her descretion as a great speaker of nonsense and on that most be flattered and approven therein especially about platonnick Love or some such questions as young widdowes meteor (as he Rhymes it) as if the pursuer were guilty of unbeseeming discourse at her oun table Undecimo In the end the said Mr Thomas reflects upon Mr John Hamilton the minister of Cramond desyring the pursuers Chaplain to gett the pursuers favor Otherwayes he would smart for it, Importing thereby that the said Mr John Hamiltone (who is knowen to be a man of Mid temper) were of a proud and revengfull humure if he were not Courted Duodecime Last of all he includes his infameous Lybell with ane appologie for the meaness and Lowness of his Stile wher he flately and Scurreously calls the pursuer a mean and base Object, By Which infamous Lybell he has defamed and scandalized the pursuer with Impiety Imodestie, indiscreation pryde; passion nigardie meaness and bassness in the maner above represented by writting and publishing the said infameous Lybell, And Therfore he ought to be punished in his person and goods and Declared incapable to bear publict trust or so much as to be a witness at Supra And Anent the charge given to the said defender To have Compeired this day before the saids Lords of ther Majesties privy Councill To have answered to the grounds of the abovewritten Compleint and to have heard such order and Course taken theranent as the saids Lords should think Just As in the principall letters of Lybell raised in the said matter and executiones therof at more leanth is Contained And Sicklike Anent the petition given in to the saids Lords of privy Councill be the saids Mr Thomas Blaickwall Shewing That quher the petitioner being conveened before the saids Lords at the instance of the Lady Cramond for ane alledged scandelous Lybell written and published by the petitioner against her, The petitioner humbly conceave That it may be more for the Ladies honor and likewayes more sutable to the petitioners present Character and Circumstances That the petitioner make to the saids Lords ther previous acknowledgment That the petitioner is sensible and heartily sory for any thing of the nature of the paper Lybelled that might have Escaped the petitioner in his younger and more inconsiderat years, and to testifie to the saids Lords how readie the petitioner is to make all Just Satisfacatione to the Lady and all concerned, The petitioner most humbly intreat that the Lybell quherin the alledged defamitory paper is contained may not be publictly read, Bot that the saids Lords would rather be pleased to referr the wholl matter to a Committie of their oun number to whom the petitioner heirby Declairs himself readie to make ane ingenious confessione and acknowledgment of any accession the petitioner hade to the said wryting as also that the petitioner shall submitt to any Censure that they shall impose upon the petitioner for the Ladies Just and reasonable satisfactione, professing the mean time before the saids Lords that as to any Obscene sense of incurring that some would fix upon expressiones in these Lynes the petitioner is altogither Innocence and doe from his heard detest them; as the petitioner hopes to give the Committie to be appoynted by the saids Lords a full and satisfieing evidence as the said suplicatione at at¹⁹ more lenth bears Which Lybell being this day Called in presence of the saids Lords of privy Councill, And the pursuer Compeiring be Sir James Ogilvie and Sir Patrick Home her advocats And the defender Compeiring personally with Mr David Cunninghame and Robert Park advocats The Lybell and petition being both read, and the defender being Called to the barr acknowledged he wrot verses and sent them to the Lady Cramond, Bot alledged the verses in the lybell are not the exact Copie, and haveing seen the originall Lines he did not deny that they were his own hand writt, The Saids Lords haveing Considered the Lybell and defender petitione and acknowledgement They heirby banish the defender from the kingdome of Scotland, and ordaines him to depart furth of the same betuixt and the second day of February nixt to come and Discharges him to returne thereto without his majestie or the Councills Licence; And Ordaines him instantly to find Cautione that he shall obey the said sentance under the penaltie of thrie hundred merks scotts Or otherwayes to goe to the Tolbooth of Edinburgh and remaine prisoner therin untill he should find Cautione which Cautione the defender did Imediatly find, And ordaines letters of horning on fiftein dayes and others needfull to be diret hereon in forme as effeirs