DOCSLIB.ORG

E. Calvin Beisner

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
E. Calvin Beisner HIS MAJESTY’S ADVOCATE: SIR JAMES STEWART OF GOODTREES (1635-1713) AND COVENANTER RESISTANCE THEORY UNDER THE RESTORATION MONARCHY E. Calvin Beisner A Thesis Submitted for the Degree of PhD at the University of St. Andrews 2003 Full metadata for this item is available in Research@StAndrews:FullText at: http://research-repository.st-andrews.ac.uk/ Please use this identifier to cite or link to this item: http://hdl.handle.net/10023/2698 This item is protected by original copyright This item is licensed under a Creative Commons License His Majesty's Advocate: Sir James Stewart of Goodtrees (1635-1713) and Covenanter Resistance Theory Under the Restoration Monarchy E. Calvin Beisner His Majesty's Advocate: Sir James Stewart of Goodtrees (1635-1713) and Covenanter Resistance Theory Under the Restoration Monarchy E. Calvin Beisner Department of Scottish History, School of History University of St Andrews 2002 Abstract This thesis is the first to explore the life and political thought of Sir James Stewart of Goodtrees (1635-1713). The first part reviews the life of his father, Sir James Stewart ofKirk field (1608-1681) to 1661, and Goodtrees' own life from birth to his admission to the Scots bar in 1661. This provides the backdrop of history necessary to appreciate his contributions as both writer and radical activist. Particular attention focuses on the conflict between Charles I and Charles II, on the one hand, and the Church of Scotland, on the other; the National Covenant (1638) and the Solemn League and Covenant of(1643); the British wars of religion; and the upheavals following the Restoration in the 1660s, culminating in the Pentland Rising of 1666. The next part develops Goodtrees' political philosophy from his two most important writings. Chapter 3 reviews and interprets Naphtali (1667), a defence of those who rose at Pentland. Chapter 4 reviews Andrew Honyman's Survey of Naphtali (1668, 1669), a rebuttal of Naphtali and standard Anglican case for royal absolutism. Chapter 5 reviews and interprets Goodtrees' Jus Populi Vindicatum, or The People's Right, to defend themselves and their Covenanted Religion, vindicated (1669), his rejoinder to Honyman. His Calvinist, covenantal constitutionalism is shown to be an important link between earlier resistance theorists like John Knox and Samuel Rutherford and the later Whigs, represented preeminently by John Locke. The third part (chapters 6-7) reviews Goodtrees' life and minor writings as a radical critic of the Restoration monarchy; a participant in plots among British exiles in Holland to overthrow it; a member briefly of James's Scottish government before the Revolution; and lord advocate and churchman pursuing political, legal, and ecclesiastical reforms afterward. 11 Declarations (i) I, E. Calvin Beisner, hereby certify that this thesis, which is approximately 115,000 words in length, has been written by me, that it is the record of work carried out by me and that it has not been submitted in any previous application for a higher degree. Date 4"c1~...w;-signature of '-'<UlLUH,LUL'-' (ii) I was admitted as a research student in October 1995 and as a candidate for the degree of Doctor of Philosophy in September 1996; the higher study for which this is a record was carried out on a part-time basis between 1995 and 2002. Date 41}&",,-ignature of candidate (iii) I hereby certify that the candidate has fulfilled the conditions ofthe Resolution and Regulations appropriate for the degree of Doctor of Philosophy in the University ofSt Andrews and that the candidate is qualified to submit this thesis in application for that degree. Date _____ Signature of supervisor _____________ Copyright Permission In submitting this thesis to the University of St Andrews I understand that I am giving permission for it to be made available for use in accordance with the regulations of the University Library for the time being in force, subject to any copyright vested in the work not being affected thereby. I also understand that the title and abstract will be published, and that a copy of the work may be made and supplied to any bona fide library or research worker. Date • .4!t/J..Signature of candidate iii Acknowledgments lowe thanks to so many people at the end of this seven-year project that it is almost certain that I shall unintentionally leave some unnamed who deserve mention. I beg their pardon. Covenant College President Frank Brock and Vice President Nick Barker first urged me, in August 1994, to pursue a Ph.D. I distinctly remember praying, after a little checking on costs, 'Lord, the only way this could possibly happen is if someone were to give me a grant not only to cover full tuition, fees, and expenses, but also to replace all my self-employed income-and that's so ridiculous, Lord, I'm not even going to ask You about it'. I told no one of that prayer, and for eight months I didn't so much as think again of pursuing a Ph.D. Then one day the phone rang and President Brock said he had just received 'the strangest phone call'. Some supporters of the college said they thought I should have a Ph.D., and 'they want to pay for it, and they want to do it right. They want to pay your full tuition, fees, and expenses, and replace all your self-employed income. They wanted me to call and ask you if you're interested'. It was as if! were hearing Jesus say, 'Oh ye of little faith, how long must I put up with you?'! So the next thanks go to a couple, who would prefer to remain unnamed, whose generous grant enabled me to pay for the studies and take the time necessary for them, and to Herbert Schlossberg and Steve Ferguson, who suggested that they do it. Thanks go next to Roger A. Mason, my supervisor at St Andrews, who not only suggested Sir James Stewart of Goodtrees for my focus but also patiently guided me through these seven years during which I learned that I had not begun nearly so well seasoned a scholar as I had thought-never once did he point out the unwarranted pride with which I began. Several other scholars have offered specific assistance, including J. D. Douglas, lain Murray, John Cairns, Aza Goudriaan ofthe University of Leiden's faculty of theology, Georgina Jan Gardner who sent me a copy of her excellent Oxford thesis, and Jackie Cork. Tineke Goudriaan helped me find archival information at the University of Leiden. My friend Rev. David Hall, himself a scholar on the history of Calvinist political thought, kindly included me in a Liberty Fund scholars' colloquium on the monarchomachs where I met Johann Sommerville and David Wootton, whose comments and conversations helped shape my thinking. Dr. Fowler White, my dean at Knox Theological Seminary, has generously arranged my teaching schedule to accommodate the need to finish the dissertation. iv Many librarians have helped, including University of St Andrews rare books librarian Christine Gascoigne and archivist Norman Reid, the University of Aberdeen library's Linden C. Rogers, Edinburgh University archivist Arnott T. Wilson and library staff member Irene A. Ferguson, and the University of Leiden library's Silvia Compaan-V ermetten. For her indispensable aid, patience, and good humour in teaching me to read seventeenth-century Scots paleography and to navigate the Wodrow Collection at the National Library ofScotland, not to mention sharing her insights into the Covenanters' spirituality, lowe special thanks to Louise Yeoman. Ethan Pettit of the Covenant College library, Ron Kilpatrick, librarian at Knox Theological Seminary, and Sean McNulty, interlibrary loan officer at Broward Community College have helped me obtain many items through interlibrary loan. Friends and family also deserve my thanks. Hundreds of Christian brothers and sisters, especially members ofReformed Presbyterian Church ofLookout Mountain, Georgia, and St. Andrews Presbyterian Church of Hollywood, Florida, and colleagues at Covenant College and Knox Theological Seminary, have prayed for me. lowe thanks particularly to Douglas and Di Taylor and their six children for welcoming and loving our family during our year there, and to their son Luke for making about 4,500 photocopies of rare books from the Hay Fleming Reference Library after Sabena Airlines lost the box that contained the first set of copies I had made. Rev. Kevin Skogen was a tremendous encouragement and gave me the opportunity to labour with him on the church session, affording me first-hand experience of the inner workings of Presbyterian government, discipline, and worship, matters dear to Sir James Stewart's heart and integral to the history surveyed here. My father, who died nine years before I began this project, first instilled in me a love ofliberty and political thought. My mother and my father-in­ law encouraged and prayed for me. My wife Deborah, to whom I dedicate this work (Yes, it's about time-after dedicating a book to each of our seven children!), has encouraged me, prayed with and for me, and borne much more than her share of the load of raising and home schooling our children to free me to concentrate on this work. Our children-David, Susan, Kilby, Becky, Peter, Arthur John, and Grace (who was born in St Andrews during my first year of study)-have encouraged and prayed for me, patiently accepted my distraction from them, and been constant sources of great joy. Pembroke Pines, Florida 4 October 2002 Soli Deo Gloria. v Table of Contents Abstract 11 Declarations 111 Acknowledgments IV List ofAbbreviations V11 Introduction 1 1. The Stewarts of Kirk field and Coltness 10 2. An Advocate of Liberty in Turbulent Times: Stewart's Life, 1635-1669 29 3.
Load more

Recommended publications
  • Intimations Surnames
    Intimations Extracted from the Watt Library index of family history notices as published in Inverclyde newspapers between 1800 and 1918. Surnames H-K This index is provided to researchers as a reference resource to aid the searching of these historic publications which can be consulted on microfiche, preferably by prior appointment, at the Watt Library, 9 Union Street, Greenock. Records are indexed by type: birth, death and marriage, then by surname, year in chronological order. Marriage records are listed by the surnames (in alphabetical order), of the spouses and the year. The copyright in this index is owned by Inverclyde Libraries, Museums and Archives to whom application should be made if you wish to use the index for any commercial purpose. It is made available for non- commercial use under the Creative Commons Attribution-Noncommercial-ShareAlike International License (CC BY-NC-SA 4.0 License). This document is also available in Open Document Format. Surnames H-K Record Surname When First Name Entry Type Marriage HAASE / LEGRING 1858 Frederick Auguste Haase, chief steward SS Bremen, to Ottile Wilhelmina Louise Amelia Legring, daughter of Reverend Charles Legring, Bremen, at Greenock on 24th May 1858 by Reverend J. Nelson. (Greenock Advertiser 25.5.1858) Marriage HAASE / OHLMS 1894 William Ohlms, hairdresser, 7 West Blackhall Street, to Emma, 4th daughter of August Haase, Herrnhut, Saxony, at Glengarden, Greenock on 6th June 1894 .(Greenock Telegraph 7.6.1894) Death HACKETT 1904 Arthur Arthur Hackett, shipyard worker, husband of Mary Jane, died at Greenock Infirmary in June 1904. (Greenock Telegraph 13.6.1904) Death HACKING 1878 Samuel Samuel Craig, son of John Hacking, died at 9 Mill Street, Greenock on 9th January 1878.
    [Show full text]
  • General Register House National Records of Scotland General Register House
    GENERAL REGISTER HOUSE NATIONAL RECORDS OF SCOTLAND GENERAL REGISTER HOUSE ‘A PROPER REPOSITORY’ General Register House was begun in 1774 to the designs of Robert Adam (1728-1792), a Scot who was one of Britain’s greatest architects. It is not only one of his finest public buildings, but also the first purpose-built public record repository in the British Isles. In fact it may be the oldest archive building in the world that is still being used for its original function. A proper home for Scotland’s public records was first proposed in 1722, after the Treaty of Union of 1707 guaranteed that the national records would remain in Scotland. However, for much of the eighteenth century Scotland’s national archives were housed in unsuitable accommodation in Parliament House and other nearby buildings. Eventually, in 1765 a government grant of £12,000 was made available from the forfeited Jacobite estates for the building of ‘a proper repository’. The Register House Trustees only reached agreement on a site when the City gifted the necessary land at the north end of the new North Bridge in 1769. NATIONAL RECORDS OF SCOTLAND ADAM’S DESIGN Largely through the influence of Lord Frederick Campbell, the Lord Clerk Register, Robert Adam and his younger brother James, were appointed architects of Register House in 1772. The Adam brothers believed that you could judge a society by the quality and grandeur of its public buildings, and this commission provided an opportunity to put their beliefs into practice. While the building’s design went through several stages, the main elements of the principal façade and the centralised plan, consisting of a domed rotunda within a quadrangle, were present from the beginning.
    [Show full text]
  • The Case for a Marine Act for Scotland the Tangle of the Forth
    The Case for a Marine Act for Scotland The Tangle of the Forth © WWF Scotland For more information contact: WWF Scotland Little Dunkeld Dunkeld Perthshire PH8 0AD t: 01350 728200 f: 01350 728201 The Case for a Marine Act for Scotland wwf.org.uk/scotland COTLAND’S incredibly Scotland’s territorial rich marine environment is waters cover 53 per cent of Designed by Ian Kirkwood Design S one of the most diverse in its total terrestrial and marine www.ik-design.co.uk Europe supporting an array of wildlife surface area Printed by Woods of Perth and habitats, many of international on recycled paper importance, some unique to Scottish Scotland’s marine and WWF-UK registered charity number 1081274 waters. Playing host to over twenty estuarine environment A company limited by guarantee species of whales and dolphins, contributes £4 billion to number 4016274 the world’s second largest fish - the Scotland’s £64 billion GDP Panda symbol © 1986 WWF – basking shark, the largest gannet World Wide Fund for Nature colony in the world and internationally 5.5 million passengers and (formerly World Wildlife Fund) ® WWF registered trademark important numbers of seabirds and seals 90 million tonnes of freight Scotland’s seas also contain amazing pass through Scottish ports deepwater coral reefs, anemones and starfish. The rugged coastline is 70 per cent of Scotland’s characterised by uniquely varied habitats population of 5 million live including steep shelving sea cliffs, sandy within 0km of the coast and beaches and majestic sea lochs. All of 20 per cent within km these combined represent one of Scotland’s greatest 25 per cent of Scottish Scotland has over economic and aesthetic business, accounting for 11,000km of coastline, assets.
    [Show full text]
  • The Early Career of Thomas Craig, Advocate
    Finlay, J. (2004) The early career of Thomas Craig, advocate. Edinburgh Law Review, 8 (3). pp. 298-328. ISSN 1364-9809 http://eprints.gla.ac.uk/37849/ Deposited on: 02 April 2012 Enlighten – Research publications by members of the University of Glasgow http://eprints.gla.ac.uk EdinLR Vol 8 pp 298-328 The Early Career of Thomas Craig, Advocate John Finlay* Analysis of the clients of the advocate and jurist Thomas Craig of Riccarton in a formative period of his practice as an advocate can be valuable in demonstrating the dynamics of a career that was to be noteworthy not only in Scottish but in international terms. However, it raises the question of whether Craig’s undoubted reputation as a writer has led to a misleading assessment of his prominence as an advocate in the legal profession of his day. A. INTRODUCTION Thomas Craig (c 1538–1608) is best known to posterity as the author of Jus Feudale and as a commissioner appointed by James VI in 1604 to discuss the possi- bility of a union of laws between England and Scotland.1 Following from the latter enterprise, he was the author of De Hominio (published in 1695 as Scotland”s * Lecturer in Law, University of Glasgow. The research required to complete this article was made possible by an award under the research leave scheme of the Arts and Humanities Research Board and the author is very grateful for this support. He also wishes to thank Dr Sharon Adams, Mr John H Ballantyne, Dr Julian Goodare and Mr W D H Sellar for comments on drafts of this article, the anonymous reviewer for the Edinburgh Law Review, and also the members of the Scottish Legal History Group to whom an early version of this paper was presented in October 2003.
    [Show full text]
  • "For the Advancement of So Good a Cause": Hugh Mackay, the Highland War and the Glorious Revolution in Scotland
    W&M ScholarWorks Undergraduate Honors Theses Theses, Dissertations, & Master Projects 4-2012 "For the Advancement of So Good a Cause": Hugh MacKay, the Highland War and the Glorious Revolution in Scotland Andrew Phillip Frantz College of William and Mary Follow this and additional works at: https://scholarworks.wm.edu/honorstheses Part of the History Commons Recommended Citation Frantz, Andrew Phillip, ""For the Advancement of So Good a Cause": Hugh MacKay, the Highland War and the Glorious Revolution in Scotland" (2012). Undergraduate Honors Theses. Paper 480. https://scholarworks.wm.edu/honorstheses/480 This Honors Thesis is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Undergraduate Honors Theses by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. “FOR THE ADVANCEMENT OF SO GOOD A CAUSE”: HUGH MACKAY, THE HIGHLAND WAR AND THE GLORIOUS REVOLUTION IN SCOTLAND A thesis submitted in partial fulfillment of the Requirements for the degree of Bachelor of Arts with Honors is History from the College of William and Mary in Virginia, by Andrew Phillip Frantz Accepted for ___________________________________ (Honors, High Honors, Highest Honors) _________________________________________ Nicholas Popper, Director _________________________________________ Paul Mapp _________________________________________ Simon Stow Williamsburg, Virginia April 30, 2012 Contents Figures iii Acknowledgements iv Introduction 1 Chapter I The Origins of the Conflict 13 Chapter II Hugh MacKay and the Glorious Revolution 33 Conclusion 101 Bibliography 105 iii Figures 1. General Hugh MacKay, from The Life of Lieutenant-General Hugh MacKay (1836) 41 2. The Kingdom of Scotland 65 iv Acknowledgements William of Orange would not have been able to succeed in his efforts to claim the British crowns if it were not for thousands of people across all three kingdoms, and beyond, who rallied to his cause.
    [Show full text]
  • Woodland Restoration in Scotland: Ecology, History, Culture, Economics, Politics and Change
    Journal of Environmental Management 90 (2009) 2857–2865 Contents lists available at ScienceDirect Journal of Environmental Management journal homepage: www.elsevier.com/locate/jenvman Woodland restoration in Scotland: Ecology, history, culture, economics, politics and change Richard Hobbs School of Environmental Science, Murdoch University, Murdoch, Western Australia 6150, Australia article info abstract Article history: In the latter half of the 20th century, native pine woodlands in Scotland were restricted to small remnant Received 15 January 2007 areas within which there was little regeneration. These woodlands are important from a conservation Received in revised form 26 October 2007 perspective and are habitat for numerous species of conservation concern. Recent developments have Accepted 30 October 2007 seen a large increase in interest in woodland restoration and a dramatic increase in regeneration and Available online 5 October 2008 woodland spread. The proximate factor enabling this regeneration is a reduction in grazing pressure from sheep and, particularly, deer. However, this has only been possible as a result of a complex interplay Keywords: between ecological, political and socio-economic factors. We are currently seeing the decline of land Scots Pine Pinus sylvestris management practices instituted 150–200 years ago, changes in land ownership patterns, cultural Woodland restoration revival, and changes in societal perceptions of the Scottish landscape. These all feed into the current Interdisciplinarity move to return large areas of the Scottish Highlands to tree cover. I emphasize the need to consider Grazing management restoration in a multidisciplinary framework which accounts not just for the ecology involved but also Land ownership the historical and cultural context.
    [Show full text]
  • Literaturverzeichnis in Auswahl1
    Literaturverzeichnis in Auswahl1 A ADAMS, THOMAS: An Exposition upon the Second Epistle General of St. Peter. Herausgegeben von James Sherman. 1839. Nachdruck Ligonier, Pennsylvania: Soli Deo Gloria, 1990. DERS.: The Works of Thomas Adams. Edinburgh: James Nichol, 1862. DERS.: The Works of Thomas Adams. 1862. Nachdruck Eureka, California: Tanski, 1998. AFFLECK, BERT JR.: „The Theology of Richard Sibbes, 1577–1635“. Doctor of Philosophy-Dissertation: Drew University, 1969. AHENAKAA, ANJOV: „Justification and the Christian Life in John Bunyan: A Vindication of Bunyan from the Charge of Antinomianism“. Doctor of Philosophy-Dissertation: Westminster Theological Seminary, 1997. AINSWORTH, HENRY: A Censure upon a Dialogue of the Anabaptists, Intituled, A Description of What God Hath Predestinated Concerning Man. & c. in 7 Poynts. Of Predestination. pag. 1. Of Election. pag. 18. Of Reprobation. pag. 26. Of Falling Away. pag. 27. Of Freewill. pag. 41. Of Originall Sinne. pag. 43. Of Baptizing Infants. pag. 69. London: W. Jones, 1643. DERS.: Two Treatises by Henry Ainsworth. The First, Of the Communion of Saints. The Second, Entitled, An Arrow against Idolatry, Etc. Edinburgh: D. Paterson, 1789. ALEXANDER, James W.: Thoughts on Family Worship. 1847. Nachdruck Morgan, Pennsylvania: Soli Deo Gloria, 1998. ALLEINE, JOSEPH: An Alarm to the Unconverted. Evansville, Indiana: Sovereign Grace Publishers, 1959. DERS.: A Sure Guide to Heaven. Edinburgh: Banner of Truth Trust, 1995. ALLEINE, RICHARD: Heaven Opened … The Riches of God’s Covenant of Grace. New York: American Tract Society, ohne Jahr. ALLEN, WILLIAM: Some Baptismal Abuses Briefly Discovered. London: J. M., 1653. ALSTED, JOHANN HEINRICH: Diatribe de Mille Annis Apocalypticis ... Frankfurt: Sumptibus C. Eifridi, 1627.
    [Show full text]
  • Correspondence of the First Earl of Dundonald
    Sni HEW CATHCAKT OF CAELETON, 1st baronet, was appointed Correspondence of the First Earl of a Commissioner of Excise and Supply for Ayrshire in 1684,2 and was among those appointed in December of that year to Dundonald proceed against those in the county who were guilty of " ecclesiastick disorders,"' and on 27 March, 1675, to proceed ANNIE I. DUNLOP, O.B.E., LL.D. against " desperate rebells sculking up and down in some southern and western shires."* But at the Revolution he raised troops for The thirty-nine letters here edited are contained in a volume the Protestant cause and garrisoned Ardmillan. * of documents, largely correspondence, belonging to the muniments of the Earl of Dundonald. Last year, when they were temporarily He was a Member of Parliament for Ayrshire, 1703-7, and in the custody of the Keeper of the Records in the Register House, was created a baronet of Nova Scotia on 8 April, 1703,* with his Lordship kindly granted permission to transcribe them as a remainder to his heirs male whomsoever.' He died in March, contribution to the Collections of the Ayrshire Archaeological 1723, " or thereby," and his will was confirmed at Glasgow on Society. Eor myself, and in name of the Society, I thank the 8 September, 1746.» Earl for making available these letters which combine a deep human interest with considerable political significance. In themselves they do not give a complete or continuous record of Sir Hew married in 1695 Anne Broun, daughter of Sir Patrick events, but they serve as a mirror of their times.
    [Show full text]
  • North Berwick and the Law
    North Berwick and the Law Start and finish: Scottish Seabird Centre Distance: 3km / 2 miles (one way) Time: 1½ - 2 hours each way Terrain: Mostly paths and well- surfaced pavements. Steep climb (178 metres / 583 feet) to the top of the Law. Directions: Head south on Victoria Road and Quality Street; continue through the Lodge Gardens and Grounds keeping straight ahead to emerge on to St Baldred’s Road. Cross the road and continue straight on, following the John Muir Way signs. You will go through a small, wooded area and then across Gilbert Avenue and Lochbridge Road. Follow the path into Law View and turn right, with North Berwick Law on your left. At the end of this path turn left and follow the path to the car park. From here follow the signed path to the summit. Points of interest: 1. Scottish Seabird Centre – lots of opportunities for learning about the amazing wildlife of the Firth of Forth and its islands. 2. St Andrew's Old Kirk – ancient church with remains dating from the 12th – 17th centuries surrounded by medieval graveyard. Recent excavations have identified even earlier remains. 3. Boat trips – many operators sail from North Berwick Harbour. 4. Lodge Gardens and Grounds – Victorian designed Public Park. 5. North Berwick Law is the remnant of ancient volcanic activity and is a typical ‘Crag and Tail’ land formation as a result of glacial erosion during the Ice Age. There is also an earlier Iron Age hill fort with evidence of prehistoric remains. The Napoleonic lookout shelter on the Law was subsequently used in World War I.
    [Show full text]
  • On the Tombstones and Monuments Erected Ln Memory of the With
    ON T HE TOMBSTONES AND MONUMENTS ER ECT ED lN MEM OR Y O F T HE W IT H H IS T OR ICAL IN TR OD UCTION A ND N OTE S . B Y A M E S G IB S O N J , “ , “ ’ EDITOR OF T HE BURNS CALENDAR BURN S BIRT H-DA Y BOOK , , are , are. ’ S u fferin for T ru t s sake g h , Is fortitu de to hi hest vi to r g c y, A nd t o the fai t ful deat the ate of life , h , h g D T 1 6 BUCH A NA N T UNN 8: WR IGH , 7 S R EET . N 1 A VE M A R IA L A NE LONDO : 5 . P R E F A C E . “ H E S In following ketches, illustrating s cription s on the T ombstones and Monuments erected in Mem ory of the ” ’ r A mrosmn a nd Covenante s, were written for the S al /{coa ts H era ld in d , and appeared that paper uring 1 8 S the spring and summer of 7 5 . ince then , they have been carefully revised and extended, and in this more convenient and permanent form the A uthor trusts they may be considered worthy of filling a special chapter in the Churchyard records of S cotland . T he purpose of this work is to interpret the story of the Covenanters with particular reference to the Inscriptions on the Gravestones and M onu to r r ments, b ing these memo ials of a bygone age r re— into a connected se ies, and set them in a slight A i i e P r f ace.
    [Show full text]
  • The Scottish Bar: the Evolution of the Faculty of Advocates in Its Historical Setting, 28 La
    Louisiana Law Review Volume 28 | Number 2 February 1968 The cottS ish Bar: The volutE ion of the Faculty of Advocates in Its Historical Setting Nan Wilson Repository Citation Nan Wilson, The Scottish Bar: The Evolution of the Faculty of Advocates in Its Historical Setting, 28 La. L. Rev. (1968) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol28/iss2/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. THE SCOTTISH BAR: THE EVOLUTION OF THE FACULTY OF ADVOCATES IN ITS HISTORICAL SOCIAL SETTING Nan Wilson* Although the expression "advocate" is used in early Scottish statutes such as the Act of 1424, c. 45, which provided for legal aid to the indigent, the Faculty of Advocates as such dates from 1532 when the Court of Session was constituted as a College of Justice. Before this time, though friends of litigants could appear as unpaid amateurs, there had, of course, been professional lawyers, lay and ecclesiastical, variously described as "fore- speakers," procurators and prolocutors. The functions of advo- cate and solicitor had not yet been differentiated, though the notary had been for historical reasons. The law teacher was then essentially an ecclesiastic. As early as 1455, a distinctive costume (a green tabard) for pleaders was prescribed by Act of Parliament.' Between 1496 and 1501, at least a dozen pleaders can be identified as in extensive practice before the highest courts, and procurators appeared regularly in the Sheriff Courts.2 The position of notary also flourished in Scotland as on the Continent, though from 1469 the King asserted the exclusive right to appoint candidates for that branch of legal practice.
    [Show full text]
  • Now the War Is Over
    Pollard, T. and Banks, I. (2010) Now the wars are over: The past, present and future of Scottish battlefields. International Journal of Historical Archaeology,14 (3). pp. 414-441. ISSN 1092-7697. http://eprints.gla.ac.uk/45069/ Deposited on: 17 November 2010 Enlighten – Research publications by members of the University of Glasgow http://eprints.gla.ac.uk Now the Wars are Over: the past, present and future of Scottish battlefields Tony Pollard and Iain Banks1 Suggested running head: The past, present and future of Scottish battlefields Centre for Battlefield Archaeology University of Glasgow The Gregory Building Lilybank Gardens Glasgow G12 8QQ United Kingdom Tel: +44 (0)141 330 5541 Fax: +44 (0)141 330 3863 Email: [email protected] 1 Centre for Battlefield Archaeology, University of Glasgow, Glasgow, Scotland 1 Abstract Battlefield archaeology has provided a new way of appreciating historic battlefields. This paper provides a summary of the long history of warfare and conflict in Scotland which has given rise to a large number of battlefield sites. Recent moves to highlight the archaeological importance of these sites, in the form of Historic Scotland’s Battlefields Inventory are discussed, along with some of the problems associated with the preservation and management of these important cultural sites. 2 Keywords Battlefields; Conflict Archaeology; Management 3 Introduction Battlefield archaeology is a relatively recent development within the field of historical archaeology, which, in the UK at least, has itself not long been established within the archaeological mainstream. Within the present context it is noteworthy that Scotland has played an important role in this process, with the first international conference devoted to battlefield archaeology taking place at the University of Glasgow in 2000 (Freeman and Pollard, 2001).
    [Show full text]