xxxvi JOURNAL OF JOHN LAUDER

been unsettled, he writes, This is a miserable and pittiful
way of wenting our wit, by shaking the very foundations of
law, and leaving nothing certain. The true sourse of it all
is from the wofull divisions in the House, especially between
the President and the Advocat [Mackenzie], each of them
raking, tho from hell, all that may any way conduce to carry
the causes that they head, Flectere ~i neque ~eipcros,' etc.
One decision which excited his warm indignation was giv en
in a suit by Lord Abbotshall against Francis Kinloch, who
held a wadset over the estate of Gilmerton, which Abbotshall
maintained was redeemable. He lost the case. After an
extraordinary account of the way in which the decision was
arrived at Lauder prÕceeds, the Chancelor«'s [Rothes] faint
trinqueting and tergiversation for fear of displeasing Halton
(who agented passionately for Francis) has abated much of
his reputation. The 2d rub in Abbotshall's way was a
largesse and donation of .£5000 sterling to be given to
Halton and other persons furth of the town's revenue for
their many good services done to the touue. By this the)'
outshot Sir Androw in his oune bow, turned the canon upon
him, and jr~.sto Dei judicio defait him by the toune's public
interest, with which weapone he was want to do miracles
and had taught them the wa)'.l This decision for its
strangeness surprised all that heard of it for scarce even
any who once heard the case doubted but it would be found
a clear wodsett, and it opened the mouths of all to cry out
upon it as a direct and dounright subversion of all our rights
and properties.'

what impressions thcy pleased upon the people. Nor did any suffer so much
as the Lord Stairs, l'resident of the Session who, because of his great affection
to Lauderdale, and his compliance with Ballon, suffered severely, though
formerly he had been admired for his sweet temper and strong parts. And by
him our countrymen may learn, that such as would be cstcemed excellent judges
must live ahstracted from the court and I have heard the President himself
assert that no judge should be either member of Council or Exchequer, for these
courts did learn men to be less exact justiciars than was requisite.'
1 See Appendix nt.