the goodwill, not only of the public, but of his professional brethren. The
latter know about his work, they see it, they appreciate its difficulties and its
dangers, and I may say it is their business to regard it with a critical eye. But
such an opinion on the part of one's professional friends is greatly enhanced
when it is given expression to by a body of lawyers whom the whole opinion of
the country regards as amongst the foremost in the legal profession. Your
kindly sentiments, however, are not the only, or indeed the principal ground
upon which I feel myself indebted to you. I have had occasion more than
once ... to say how much the labours of the bench in this Sheriff Court are
lightened by the assistance of the bar. I repeat that statement now, and I am
sure that I am not using the language of exaggeration when I say that in every
case where it is necessary to disentangle a mass of evidence or to disinter a body
of authority, more than half of the work has been done for the bench at the
hand of the members of the bar who were engaged in the case. . . .
I . . . cannot help recalling the day when I first stood here among you,
nor can I fail to remember those who then surrounded me . . . Mr. Newell
elseif (getClientWidth() > 430)
Burnett, who then was your President, gave me a cordial welcome. Mr. Stronach,
Mr. Chalmers, and Mr. Angus, with their courtly gracefulness, which took one
back to an age of which one had read, but which one was too young to have seen,
—these have gone, but have left us an example of high honour, and of gentle
manners. But there remain of that worthy company not a few, among whom I
may be allowed to specify yourself, Sir (Mr. John Smith, Jun., President), my
esteemed friend the Treasurer of the Society (Mr. William Yeats), Sir Alexander
Anderson, Mr. Murray, Dr. Grub, Dr. Edmond, and the honourable gentleman
who with such distinction fills the office of Member of Parliament for this city
(Dr. John Webster). I venture to assure you, Gentlemen, that the influence of
such men is not lost. I see the effect on those who have been joining the ranks
of your body from year to year . . .
It was formerly customary for the members to dine together
on the evening of the Annual Meeting of the Society in
November. Prominent gentlemen of the city and county were
invited as guests, and the proceedings were wont to pass off
with eclat. Through the courtesy of Dr. Littlejohn, the Toast
List of one of these functions — that of 27th November, 1838 —
is here given : —
To be proposed by Toast.
1. Chair .... The Queen.
2. Chair - - . The Queen Dowager, and the rest of the Royal
3. Chair .... The Army and Navy.
4. Chair - Her Majesty's Ministers, and may all their
measures be for the good of the country.
5. Chair .... The Lord Provost and Magistrates.
To be proposed by
6. Provost Milne -
11. Treasurer -
13. Treasurer -
14. Captain Gordon
16. Mr. Banner man
17. Sir Michael Bruce
18. Mr. Gordon of Craig
19. Admiral Henderson -
20. Chair ...
21. Treasurer -
23. Mr. Hadden
24. Treasurer - * -
25. Mr. Forbes of Rothmaise
26. Mr. Webster
28. Mr. Lumsden -
30. Mr. D. Davidson
31. Chair ...
32. Treasurer -
33. Mr. Burnett
34. Mr. Alexander Gordon
35. Mr. N. Burnett -
- The President and Society of Advocates.
- The Lord Lieutenant of the County — the Earl
- The Member for the County.
- The Member for the City.
- Sir Michael Bruce, and the Baronets of Scotland.
- The Sheriffs of the County, and Mr. Watson.
- Sir A. Leith, and other Strangers.
- The Convener of the County.
- Mr. Lumsden of Tilwhilly, who laid the Founda-
tion Stone of the New Buildings.
- The Rev. John Murray, the Senior Minister of
Aberdeen, and the other Clergymen present.
- Mr. Farquharson of Whitehouse, the Father of
- The New Treasurer of the Society.
- The Wives and Families of the Members.
- The Chairman.
- The Earl of Aberdeen — the Chancellor of
- The Dean of Guild and Guildry.
- The Duke of Richmond, Chancellor of Mari-
- Mr. Sangster, and Mr. Chalmers, the late
President and Treasurer of the Society.
- The Principals & Professors of both Universities.
- The Highland and Agricultural Society of Scot-
land, and a good Show in 1840.
- Dr. Moir, and the Medical Society of Aberdeen.
- Mr. Crombie of Kirkhill, the City Treasurer.
- The Duke of Wellington — The Prince of
• The Convener and the Incorporated Trades.
- Dr. Melvin, Rector of the Grammar School.
- Mr. Gordon of Craig, and the Bar.
- The Wooden Walls, and Admiral Henderson.
- Sir Alexander Leith, and the Heroes of the
- The Agricultural Interests of the country.
- The Convener of the County of Kincardine.
To be proposed by
37. Mr. Chalmers -
38. Mr. J. D. Milne
40. Mr. W. Simpson
41. Rev. Mr. Murray
42. Treasurer -
43. Mr. Sangster
45. Mr. Stronach -
46. Mr. Gibbon of Johnston
48. Mr. C. Lumsden
49. Mr. Chalmers -
50. Mr. Edmond -
51. Treasurer -
53. Mr. Fraser
* # * It is requested that no TOAST may be proposed until the above List be exhausted.
History is silent as to the hour when the above Toast List was
exhausted and the function ended !
The Editor cannot sufficiently express his indebtedness to
all who kindly furnished him with information. Dr. Littlejohn,
Colonel Johnston, C.B., of Newton Dee, and Rev. James
Smith, B.D., St. George's-in-the-West, not only permitted their
voluminous private MSS. to be drawn upon, but rendered
substantial assistance otherwise. The MS. volumes of the
Society under the charge of Mr. Douglass Duncan, Secretary,
the records of the Sheriff and Commissary Courts, the writs in
the strong room in the Town House, the documents in H.M.
Register House, Edinburgh, and the Registers of St. Paul's
- Major Crabbe, and the gallant 74th.
- The Improvements of the City, and Mr. Hadden
- The Harbour Improvements, and Mr. Alexander
- The Town Clerks and Chamberlains.
- The Manufacturing Interest.
- Mr. Webster, the Senior Member present.
- Mr. Smith, the Architect of the Buildings.
- The Judges of the Land.
- The Professor of Civil Law, King's College —
Dr. Patrick Davidson.
- The Shipping Interest.
- The President of the Shipmaster Society.
- The Tenantry of Aberdeenshire.
- The City Councillors — Mr. Jopp, etc.
- Mr. Edmond, Lecturer on Scots Law, Marischal
- The Writers' Society.
- The New Members admitted since last year —
Messrs. Monro and Henderson.
- Roads and Bridges.
- Absent Members.
Episcopal Church and St. Andrew's Episcopal Church, Aberdeen,
yielded numerous facts and solved many points of difficulty. Mr.
Francis J. Grant, W.S., Lyon Office, Edinburgh, Dr. Dickson,
Keeper, Advocates' Library, Edinburgh, Mr. Richard Brown,
C.A., Edinburgh, and Mr. P. J. Anderson, the Secretary
of the Club, were also most helpful. To these gentlemen, and
numerous other friends, grateful thanks are tendered.
Special acknowledgments are also due to those who so
kindly presented photogravures of members. These cannot
fail to interest the reader, nor can an inspection of the six
pages of specimen signatures of members of the sixteenth and
seventeenth centuries, which were carefully selected by Dr.
Littlejohn from authentic deeds, traced by his daughter, Miss
Littlejohn, and produced at his expense.
J. A. H.
Cults, 21st October ; igi2.
TABLE OF CONTENTS.
First Crown Charter, 27th January, 1774 ...
Second Crown Charter, 20th February, 1799
Third Crown Charter, 13th May, 1862
Extracts from Early Records and Society's Minutes
List of Members, 1 549-191 1
1. — Deed of Constitution of the Society's Widows' Fund
2. — Apprentices who did not enter the Society
3. — Authors and Editors
4. — Bank Agents ...
5. — Baron-Baillies ...
6. — Presidents and Treasurers
7. — Procurators Fiscal of Aberdeenshire
8. — Professional Continuity Table
9. — Professors and Lecturers
10. — Proprietors of Estates ...
11. — Provosts and Magistrates of Aberdeen
12. — Sheriffs, Sheriffs-Depute, Sheriffs-Substitute, and Hono
!3. — Sheriff Clerks of Aberdeenshire
14. — University Records
15. — Volunteer and other Officers
Corrections and Additions
Index of Names and Places
LIST OF ILLUSTRATIONS.
I. — George Grub, LL.D. ; from portrait by Sir George Reid,
/^.R.S.A., in Marischal College Library. Presented by
the Secretary of the Club ... ... ... Frontispiece.
2. — Sir Alexander Anderson of Blelack ; from portrait by
Sir George Reid, .P.R.S.A., in Aberdeen Town Hall.
Presented by his Son, Andrew Anderson ... ... 83
3. — James Blaikie of Craigiebuckler ; from portrait by John
Phillip, H.R.S.A., R.A., in Aberdeen Town Hall.
Presented by Representatives of the Family ... ... 96
4. — Newell Burnett of Kyllachy ; from portrait by E. U. Eddis,
in County Hall, Aberdeen. Presented by his Repre-
sentatives ... ... ... ... ... 103
5. — Thomas Burnett of Kepplestone ; from portrait by Sir
John Watson Gordon, R.A., in County Hall, Aberdeen.
Presented by his Representatives ... ... ... 104
6. — Charles Chalmers of Monkshill ; from portrait by Sir
George Reid, />.R.S.A., at Ardbeck, Milltimber. Pre-
sented by his Daughter, Margaret Douglas Chalmers ... 116
7. — Patrick Henderson Chalmers of Avochie. Presented
by his Widow ... ... ... ... ... 119
8. — Alexander Dauney, LL.D., of Craibstone ; from portrait
by David Martin, in the Library of the Society of
Advocates. Presented by the Society of Advocates ... 143
9. — Alexander Davidson of Desswood ; from portrait by
Sir George Reid, />.R.S.A., at Dess. Presented by
his Sons, Major Duncan Francis Davidson and Walter
Ramsay Davidson ... ... ... ... 145
LIST OF ILLUSTRATIONS. xxiii.
10. — Patrick Duff of Forresterhill, Premnay, and Cultcr ;
from portrait by William Mosman, at Portman
Square, London. Presented by H.R.H. the Princess
Royal ... ... ... ... ... ... 156
11. — Charles Duncan of Deebank ; from portrait by James
Cadenhead, A.R.S.A., at 20 Queen's Road, Aberdeen.
Presented by his Family ... ... ... ... 159
12. — John Duncan ; from portrait by John Phillip, H.R.S.A.,
R.A., at 1 1 Ferryhill Place, Aberdeen. Presented by
his Family ... ... ... ... ... 162
13. — Francis Edmond, LL.D., of Kingswells ; from portrait by
Sir George Reid, P.R.S. A., in the United Free
Church College, Aberdeen. Presented by his Son,
John Edmond, Advocate ... ... ... ... 171
14. — James Edmond ; from portrait by James Cassie, R.S.A.,
at St. Ronans, Aberdeen. Presented by his Family ... 172
15. — Arthur Dingwall Fordyce, LL.D., of Culsh, etc.;
from portrait by Sir George Chalmers, Bart., at
Brucklay Castle. Prese?ited by A. Dingwall Fordyce
of Brucklay ... ... ... ... ... 1 86
16. — Farquharson Taylor Garden, Hon. Treasurer of the New
Spalding Club ... ... ... ... ... 193
17. — James Garden of Woodthorpe ; from portrait by Sir
George Reid, /\R.S.A., at 4 Albyn Place, Aberdeen.
Presented by his Grandson, James William Garden,
Advocate ... ... ... ... ... 194
18. — David Littlejohn, LL.D., Vice-President and Convener
of the Executive Committee, New Spalding Club ... 245
19. — Clements Lumsden ; from portrait by James Giles, R.S.A.,
at Johnston House, Rubislaw. Presented by his Son,
James Forbes Lumsden, Advocate ... ... ... 249
XXIV. LIST OF ILLUSTRATIONS.
20. — Henry Lumsden of Tilwhilly and Auchindoir ; from
portrait by John Moir, at 12 Gloucester Place,
Edinburgh. Presented by his Grandson, Hugh Gordon
Lumsden of A ucliindoir ... ... ... ... 252
21. — Lauchlan McKinnon, Junr. ; from portrait by Miss
Marjorie Evans, R.S.W., at Den more, Aberdeen.
Presented by Members of his Family ... ... 26 1
22. — John Smith ; from portrait by Sir George Reid, P.R.S.A.,
in the Society's Hall. Presented by the Society of
Advocates ... ... ... ... ... 333
23. — John Stuart, LL.D., Secretary of the Spalding Club ;
from portrait by Sir George Reid, P.R.S.A., at Melville
House, Montrose ... ... ... ... 344
24. — Alexander Webster ; from portrait by William Dyce,
H.R.S.A., R.A., at Edgehill, Milltimber. Presented
by his Grandson, Alexander Webster, Advocate ... 366
25. — John Webster, LL.D., of Edgehill ; from portrait by
William Carter, London, at Edgehill, Milltimber.
Presented by his Son, Alexander Webster, Advocate ... 368
26. — Some specimen signatures of Advocates of the 16th and
17th centuries, with key thereto. Presented by David
Littlejohn, LL.D., Advocate ... ... ... 382
t » 9
SOCIETY OF ADVOCATES IN ABERDEEN.
FIRST CROWN CHARTER, 1774.
Carta Don : qua Societas Prncuratorum in Aberdonia in unum
Corpus Politicum Eriguntur.
GEORGIUS, Dei Gratia, Magnae Britanniae Franciae, ct Hiberniae
Rex, Fidei Defensor.
OMNIBUS probis hominibus ad quos praescntes Literae nostra
pervenerint quando quidem Nos considerantes Thomam Mosman,
Joannem Clerk, Davidem Bartlet, Alexandrum Innes, Seniorem, Alex-
andrum Innes, Juniorem, Doctorem Gulielmum Thorn, Gulielmum
Nicol, Joannem Gordon, Gulielmum Burnett, Alexandrum Lumsden,
Jacobum Ramsay, Alexandrum Duthie, Davidem Morice, Jacobum
Watson, Carolum Tait, Joannem Durno, Alexandrum Carnegie, et
Arthurum Dingvvall-Fordyce, Procuratores in Aberdonia, per eorum
petitioncm nobis humiliter representavisse ; Quod Civitas Aberdonensis
Royal Charter erecting the Society of Procurators in Aberdeen into
a Body Politic, dated 27th January, 1774.
GEORGE, by the Grace of God, of Great Britain, France and Ireland,
King, Defender of the Faith, To all to whom these presents shall
come, Greeting :
'I I THERE AS We considering that Thomas Mosman, John Clark, David
VV Bartlet, Alexander Innes Senior, Alexander Innes Junior, Dr. William
Thorn, William Nicol, John Gordon, William Burnett, Alexander Lumsden,
James Ramsay, Alexander Duthie, David Morice, James Watson, Charles Tait,
John Durno, Alexander Carnegie and Arthur Dingwall Fordyce, Procurators in
Aberdeen, have humbly represented to us by their Petition that the City of
2 SOCIETY OF ADVOCATES IN ABERDEEN.
in respectu amplitudinis suae negotiorum et numeri Incolarum est pro-
•cipua in .Septic ad sepentrionem fluvii Forthae : Quod in hac Civitate
praeter Curias suae Jurisdictionis tanquam Burgo regali, Curiae Vice-
com'itia ,ct* |Cornmissarii tentae sunt; Jurisdictiones quarum extendunt
super spatiosam et cultam Regionem, in qua Diversa Burga regalia, et
multa magna Oppida nundinaria jacent : Quod procuratores admissi per
et in illis Curiis agentes a tempore immemoriali egerunt in omnibus
eorum negotiis tanquam Societas vocata vel nota per nomen Presidentis
et Societatis procuratorum in Aberdonia, et particulariter per solennes
annuales Contributiones inter seipsos promoverunt et stabiliverunt
peramplum fundum in sustentationem Sociorum deficientium dictae
Societatis, Viduarum Liberorum aliorumque amicorum Sociorum obeun-
tium in pauperibus circumstantiis : Quod etiamsi dicti Supplicatores
ultra hominum memoriam fecerunt sub nomini Societatis tanquam Pro-
curatores in Aberdonia, sed per amissionem omnium suorum scriptorum
et Registrorum quae perierunt cum Officium Commissarii apud Aber-
doniam combustum fuit in anno millesimo septingentesimo decimo nono,
non nunc possunt cum certitudine originalem Constitutionem vel
naturam Societatis suae Investigare,sic ut vires sufficerent illis ad gerendam
Aberdeen, on account of its size, business and population is the chief City in
Scotland north of the river Forth, that in that City, besides the Courts of its own
jurisdiction as a Royal Burgh, the Courts of the Sheriff and Commissary are held,
the jurisdiction whereof extends through a spacious and cultivated region, in
which lie several royal burghs and many great market towns, that the Procurators
admitted by and acting in those Courts have carried on business from the earliest
times as a Society, called or known by the name of the President and Society of
Procurators in Aberdeen, and have by regular yearly contributions among them-
selves promoted and established a very large fund for the maintenance of the
decayed members of the said Society and the Widows, Children and other
relations of the Members falling into poverty ; that, although the said Petitioners
have carried on business as Procurators in Aberdeen beyond the memory of man
under the name of a Society, nevertheless through the loss of all their writs and
evidents, which perished when the office of the Commissary of Aberdeen was
burned in the year 1719, they cannot with certainty discover their first constitution
or the nature of their Society so that they can safely manage their funds and
other affairs— Therefore the said Petitioners, for the removing of these incon-
FIRST CROWN CHARTER, 1774. 3
gubernationem fundorum suorum aliorumque Negotiorum cum securitate,
Igitur dicti supplicatores ad amovenda haec incommoda et ad melius
sustentandam dictam Societatcm Nobis humiliter supplicaverunt ipsis con-
cedere nostram regiam Cartam pro incorporando illos eorumque Succes-
sores de novo, per nomen, stilum et Titulum Praesidentis et Societatis
Procuratorum in Aberdonia cum talibus potestatibus privilegiis regula-
tionibus et provisionibus quae usualiter conceduntur Corporibus politicis et
Corporatis similis naturae et ut nobis aptum videbitur : Nos dictam
petitionem animo nostro perpendentes taleque inceptum omni eo quo par
est favore in beneficum tale fundamentum Idcirco petitioni benigne
annuendo nostraeque regiae praerogative virtute, et ex speciali gratia nostra
certa scientia proprioque motu Dedimus, Constituimus Declaravimus, et
Ordinavimus sicuti nos tenore praesentium Damus, Constituimus et
Ordinamus dictos Thomam Mosman, Joannem Clerk, Davidem Bartlet,
Alexandrum Innes Seniorem, Alexandrum Innes Juniorem, Doctorem
Gulielmum Thorn, Gulielmum Nicol, Joannem Gordon, Gulielmum
Burnett, Alexandrum Lumsden, Jacobum Ramsay, Alexandrum Duthie,
Davidem Morice, Jacobum Watson, Carolum Tait, Joannem Durno,
Alexandrum Carnegie, et Arthurum Dingwall Fordyce et tales alios
personas qui primo rite admittentur Procuratores in Vicecomitis et Com-
veniences and for the better preservation of the said Society, humbly prayed Us
to grant to them Our Royal Charter for of new incorporating them and their
successors by the name, style, and title of the President and Society of Procurators
in Aberdeen, with such powers, privileges, rules, and provisions as are usually given
to bodies politic and corporate of the like nature and as to us should seem proper,
that We, weighing in Our mind the said Petition and desiring to give all due
encouragement to so useful and pious an institution, in terms of the said petition
and by virtue of Our Royal prerogative and out of Our special grace, certain
knowledge, and mere motion, Have Granted, Constituted, Declared and Ordained,
likeas We by the tenor of these presents Give, Constitute, Declare and Ordain,
that the said Thomas Mosman, John Clark, David Bartlet, Alexander Innes
Senior, Alexander Innes Junior, Dr. William Thorn, William Nicol, John Gordon,
William Burnett, Alexander Lumsden, James Ramsay, Alexander Duthie, David
Morice, James Watson, Charles Tait, John Durno, Alexander Carnegie and
Arthur Dingwall Pordyce, and such other persons as shall first have been duly
admitted Procurators in the Sheriff and Commissary Courts of Aberdeen, and
4 SOCIETY OF ADVOCATES IN ABERDEEN.
missarii Curiis dc Aberdeen, et contribuerint ad fundos dictae Societatis
modo postea mcntionato erunt et vocabuntur una Corporatio et Corpus
corporatum et politicum per nomen et stilum Presidentis et Societatis
procuratorum in Aberdonia, et ill i et successores sui in omni tempore
futuro habebunt perpetuam Successionem pro meliore et magis effectu-
aliter gubernando, dirigendo, ordinando, et constituendo in omnibus rebus
et negotiis dictae Societatis respicientibus et fundos ad eadcm pertinentes.
Et Nos pro propositi's antedictis per praesentia facimus, Erigimus, Constitu-
imus, Crcamus, et Stabilimus dictos Thomam Mosman, Joannem Clerk,
Davidem Bartlet, Alexandrum Innes Seniorem, Alexandrum Innes
Juniorem, Doctorem Gulielmum Thorn, Gulielmum Nicol, Joannem
Gordon, Gulielmum Burnett, Alexandrum Lumsden, Jacobum Ramsay,
Alexandrum Duthie, Davidem Morice, Jacobum Watson, Carolum Tait,
Joannem Durno, Alexandrum Carnegie, et Arthurum Dingwall Fordyce
et tales alios personas qui primo rite admittentur procurators in Vice-
comitis et Commissariis Curiis de Aberdeen, et contribuerint ad fundos
dictae Societatis modo postea mentionato in Corporationem et Corpus
politicum et corporatum in perpetuum per nomen et Titulum Prossidentis
et Societatis procuratorum in Aberdonia, cum potestate illis vel majori
parti eorum, Gubernandi, dirigendi, ordinandi, et Statuendi in omnibus
negotiis et rebus tangentibus et respicientibus dictam Societatem, guber-
shall have contributed to the funds of the Society in manner aftermentioned, shall
be a corporation and body corporate and politic by the name and title of the
President and Society of Procurators in Aberdeen, and that they and their
successors shall henceforth have perpetual succession for the better and more
effectual managing, directing, ordaining, and appointing all matters and affairs
pertaining to the said Society and the funds belonging to the same, and We for
the purposes foresaid Make, Erect, Create, Constitute and Appoint, the said
Thomas Mosman [and others] and such other persons as shall first have been
duly admitted Procurators in the Sheriff and Commissary Courts of Aberdeen,
and should have contributed to the funds of the Society in manner aftermentioned,
into a corporation and body politic and corporate forever by the name and title
of the President and Society of Procurators in Aberdeen, with power to them or
the major part of them of administering, directing, ordaining and appointing in
all matters and affairs pertaining and belonging to the said Society its administra-
FIRST CROWN CHARTER, 1 774. 5
nationem suam praedia fundos aliaque Negotia et Res, et quod dicta
Corporatio per Nomen et Titulum antedictum plenam habeat potestatem
habilisque ac capax jure fiat Tenendi, Acquirendi, recipiendi, habendi,
possidendi, fruendi, et retinendi, in perpetuitatem vel alio modo Terras
Tcnementa, vel haereditamenta cujuscunque naturae generis vel qualitatis
providendo omnimodo quod liquidus annus reditus Terrarum Tcne-
mentorum et haereditamentorum ita acquirendorum vel quae jam-
dudum acquisita sunt ad et ob usum dictae Societatis Summam Quin-
gentarum librarum Sterlinensium non excesserit, computando reditus
prout steterunt tempore acquirendi respectivo : deductis inde debitis
feudalibus Agri tributis ministrorum stipendiis aliisque oneribus publicis
quibuscunque ac etiam pecuniam fcenerandi haereditariis vel personalibus
securitatibus et Bona et Res praediales tenendi et Donationes et legata
pro propositi's praedictis accipiendi et tenendi : Ac itidem ullas ex terris
tenementis vel haereditariis Subjectis jam acquisitis et emptis in com-
modum dictae Societatis vel quae ullo tempore futuro acquirentur vel
ementur per dictain. Corporationem Impignorandi vel in vadium dandi.
Et Locationcs, Assedationes, vel Rentalcs dictarum Terrarum, Tene-
mentorum, aliorumque haereditariorum subjectorum dandi ct con-
tion, estates, funds and other matters and affairs : And that the said Corporation
by the name and title foresaid shall have full power, and be capable according to
law, of having, purchasing, accepting, holding, possessing, enjoying, and retaining in
perpetuity or otherwise lands, tenements, or heritages of whatever kind or nature
(provided always that the free annual rental of the lands, tenements, and heritages
to be so acquired, or which have already been acquired, to and for the use of the
said Society shall not exceed the sum of ,£500 Sterling the rents being severally
computed as they were at the time of acquiring the same, all feu-duties, ground