Andrew Hay.

The diary of Andrew Hay of Craignethan, 1659-1660; online

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Online LibraryAndrew HayThe diary of Andrew Hay of Craignethan, 1659-1660; → online text (page 1 of 28)
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November 1901





Edited, with Introduction and Notes, by



Printed at the University Press by T. and A. Cokstabi.k
for the Scottish History Society






DIARY ... .1

INDEX .... 255

201 « 12





John Hay, third Lord Yester, by his second wife, the daughter
and heiress of John Dickson of Smithfield, had a son, the Hon.
John, who succeeded to the estate of Smithfield. He was
succeeded in that estate by his eldest surviving son, Thomas,
who died in 1570. From Thomas the Smithfield branch of
the Hays was descended.

John Hay, the third son of the Hon. John Hay of Smith-
field, married Marion Kerr, and acquired the lands of Kings-
meadows. His eldest son, Andrew, married Janet Hay, and
bought in 1635 the lands of Henderstoun, which he renamed
Haystoun. He died in 1655, leaving two sons, John, who
succeeded him in the estate of Haystoun, and Andrew, the
writer of the Diary.

Andrew Hay appears not to have embraced any profession.
He is invariably designed as Mr. Andrew Hay from having
taken the degree of Master of Arts. It is clear from the Diary
that he was well acquainted with legal forms, and that he was
frequently applied to for advice in legal matters. He may
have been bred to that profession ; though, unlike his brother,
who was one of the clerks of Council and Session, he did not
carry it out, but preferred to live the life of a country gentle-
man, which he was enabled to do by the patrimony received
from his father and the dowry got with his wife.

Mr. Andrew Hay married Mary, daughter of Sir James
Maxwell of Calderwood, by his marriage with Lady I^Iar-
garet Cunningham, daughter of James, seventh Earl of Glcn-
cairn, and relict of Sir James Hamilton of Evandale. Lady


Margaret's sister was Ann, Marchioness of Hamilton. Mrs.
Hay was thus a niece of the Marchioness, and a cousin of
her daughter Ann, Duchess of Hamilton.

The Diary now published from the autograph manuscript
in the editor's possession, which commences on the 1st of May
1659, and ends on the 31st January 1660, is merely the fifth
of a series. It is to be regretted that the previous and suc-
ceeding volumes of the series are wanting. Perhaps they are
still in existence and lying unobserved in some repository. The
volume is an interesting record of the daily life of a Scottish
gentleman of the period. From the time of his rising in the
morning until his retiring to bed after secret and family duty,
every action of the day seems to have been faithfully recorded.
From his position in life he was on terms of intimacy
with many of the leaders both ecclesiastical and civil in
that eventful period. He was evidently a well meaning
though somewhat credulous and timorous man, anxious and
careful to do his duty both to God and man. There is a
naivete and simplicity in the narrative of his daily avocations,
feelings, and aspirations, which cannot fail to charm the reader,
as vividly and minutely depicting the daily life in the seven-
teenth century. The iron rule of Cromwell, while it effectually
curbed and controlled parties in Scotland and laid prostrate
contending factions, proved most beneficent to the country,
which for a period enjoyed a breathing time unknown for
long before. Agriculture advanced, trade and manufactures
improved and extended, the laws were faithfully and impar-
tially administered, and the most intolerant believer in Pres-
bytery could not complain that he was hampered in the full
exercise of his worship, or debarred from the expression of his
opinions. Although General Assemblies were prohibited,
other church courts were not hindered from holding their
sittings and exercising their power and influence in the daily
conduct of life. Released from the trammels of patronage,
the parishioners through the Kirk Sessions exercised the


coveted privilege of choosing their own pastors, who afforded
them in no stinted measure the ordinances of religion.

The Scottish people might have felt galled at submission
to the inevitable yoke, but at the same time they must have
seen — in contrast with previous years when under the dominion
of the crown — the improved conditions in which they lived.
This peaceful and prosperous state, however, was on the eve of
being changed. To the stern and warlike Oliver succeeded
his gentle and irresolute son. Restless spirits soon saw their
opportunity, and while Mr. Andrew Hay was quietly entering
in his Diary the commonplace occurrences of every day life,
the air was full of that desire for change which resulted in the
restoration of the House of Stewart.

Mr. Hay had allied himself with the extreme party of the
Covenanters. Sir Archibald Johnston, Lord Wariston, was his
most intimate friend, and to whose family he acted as confiden-
tial adviser. Of the lay leaders of the covenanting party Sir
James Stewart and Sir John Chieslie were among his bosom
friends, whilst with many of those ministers who afterwards
suffered during the persecution he was on equally intimate
terms. His wife was also of a true covenanting stock, certain
of her relatives having been afterwards heavily fined for their
attachment to the principles of the Covenant.

Her cousin Ann, Duchess of Hamilton, was a ' staunch
Presbyterian and hearty Resolutioner.**

Mr. Andrew Hay does not appear to have taken any
prominent part in political life previous to the Restoration.
An elder of the parish church, he contented himself with
attending the meetings of presbyteries, at which he acted as
adviser of the brethren, and interesting himself in that fruitful
source of diplomatic intrigue, the settlement of ministers.
Although he did not put himself prominently forwaitl, certain
obscure allusions in his Diary show that he lost no opportunity
of conferring with the gentlemen on his side of politics. He
expected political patronage — probably sonje legal appoint-


ment — and thought he ' derserved it/ He, at the same time,
was evidently apprehensive of coming events, and feared that
the days of his troubles were at hand.

A considerable part of the Diary relates to Mr. Hay's
actings as the adviser of Elizabeth Johnston, a daughter of
Lord Wariston and relict of Thomas Hepburn of Humbie.
Sir Adam Hepburn acquired that estate in East Lothian by
purchase from Lawson, the previous proprietor. He was a
man of much political influence, and a senator of the College
of Justice. He died in 1656, and was succeeded by his
son, Thomas Hepburn, who broke the entail of the estate.
Thomas died in 1658, leaving Helen, an only child of
about two years of age, who, on 25th January 1659, was
served heiress of line and also of provision to her father,
and heiress to her grandfather. Sir Adam Hepburn. His
affairs do not seem to have been in a prosperous condition,
and the Dowager Lady Humbie, widow of the previous
owner, had claims on the estate. The child was weakly
and required much nursing and attention, while her mother
was afflicted with rheumatism, and was advised to go to
Bath, with the view of recovering her health. In this diffi-
cult state of matters Mr. Hay undertook, whether as nomi-
nated in the deceased Humbie's deed or as a friend of the
family, the direction of the worldly affairs of the young
heiress. Never did any one more faithfully execute the trust
reposed in him. The making up of the deceased's testament
for confirmation, the looking after the tenants, the prepara-
tions for the lady's journey to Bath, the raising of money for
that purpose, the final convoying of the lady on the way, the
frequent and kindly visits to Humbie during her absence, the
attention paid to the child deprived of her father, the meetings
with Lady Wariston and her family, consecrated with prayer
for the divine protection and guidance, are recorded with a
minuteness which cannot fail to interest the reader.

The lady returned from Bath improved in health. During


her absence her letters were full of dismal foreboding in refer-
ence to her father's position. Lord Wariston and his family
knew that as the active ally of Cromwell he would incur the
enmity of royalty, and that should the king ever return to
the throne, a dire revenge would inevitably be exacted. After
her return the prospect of the royal recall and of the retribu-
tion on the devoted head of her father seemed to increase, and
in Mr. Andrew Hay she had ever a capable adviser and sincere
sympathiser. No doubt he feared that his own fate was bound
up with Wariston''s.

The portion of the Diary ends on 31st January 1660. The
king was restored on 29th May following.

Of Mr. Hay's subsequent career we have not the same
materials for information as are provided in his Diary, but
we are enabled to glean from various sources the salient events
of his history.

In the Diary reference is made on different occasions to the
acquisition of the lands of Craignethan, and completing a title
thereto, which belonged to Ann, Duchess of Hamilton. These
were first purchased by his brother, Mr. John Hay of Hays-
toun. It is probable that this was a matter of arrangement
between the brothers, with the view of avoiding confiscation
should political events become embarrassing to Andrew. The
Diary mentions a visit paid by the writer to the old castle in
connection with the ultimate purchase by himself in 1661.

There is a tradition that Mary Maxwell, who subsequently
became the wife of Andrew Hay, had before her marriage
been companion of her cousin, Ann, Duchess of Hamilton, who
after the execution of the duke her father, and the sequestra-
tion of the Hamilton estates by Cromwell, was reducctl to
such great straits as to become dependent for support on the
produce of spinning by Mary Maxwell, and that on the
Restoration she bestowed the estate of Craignethan u|)on the
husband of her faithful relative in reward for her kindness
tluring the period of adversity. This story, however romantic.


appears baseless. Mr. Andrew Hay had been married a good
number of years previous to the Restoration, and the acquisi-
tion of Craignethan ; and from the notices in the Diary it is
evident that the estate was got by purchase, and after an
amount of previous negotiation. It is highly probable that
the Duchess parted with the estate in consequence of the
depressed condition of her affairs, while she might agree to
transfer it to Mr. Hay, the husband of her relative and com-
panion, more readily than to a stranger.

After the Restoration the first blow of the king's wrath fell
upon Mr. Hay's three friends, Sir Archibald Johnston, Sir
John Chieslie, and Sir James Stewart. The king by letter
ordered General Morgan, at that time commanding the
English forces in Scotland, to seize and incarcerate them.
Wariston escaped, but Sir John and Sir James were committed
to the Castle of Edinburgh, where they remained prisoners for
a considerable time. Sir John was afterwards transferred to
the Tolbooth of Perth, where he lay until 1669. Sir James
Stewart was only released from imprisonment in 1670.

Notwithstanding this ominous commencement, Mr. Hay and
his friends were not deterred from expressing their opinions.
In the words of the Rev. James Kirkton : ' The protestors
thought it their duty to essay somewhat for the publick interests
even of the most unpleasant nature and most dangerous conse-
quence in the world, and that was to admonish their cove-
nanted king of duty, convening in Robert Simpson's house in
Edinburgh, resolved to address his Majesty by a supplication.
Their names were Messrs. James Guthrie, Robert Traill,
Alexander Moncreiff, John Semple, John Scot, John Stirling,
Gilbert Hall, John Murray, George Nairn, and Thomas
Ramsey — in all ten ministers, with two gentlemen, Mr. Andrew
Hay of Craignethan and James Kirkco of Sandywell.'

' In their address, after a full acknowledgment of the Lord's
mercy in delivering the king and deep protestations of their
loyalty, they humbly craved leave to put him in mind of the


covenant obligations upon his own person and the nations
over which the Lord had placed him, wishing his return might
be Hke the reign of David, Solomon, Jehoshaphat, and Josiah/
' This meeting was held upon 23rd August 1660. That same
day the Committee of Estates by the English met and consti-
tuted themselves the first Scottisli Judicatory after the Revolu-
tion. There were present the Chancellor, President, and some
few others, advanced to places, or who expected advancement
speedily. Alwayes upon hearing of the ministers they instantly
despatched some gentlemen to the house, where they seased
all the men with their papers upon the table. Only Mr.
Andrew Hay hade the happiness to escape after the messengers
entered the room. All the rest were carried to the castle,
and some of them were never liberated from prison but
by the sentence of death.' *This meeting had resolved to
call another meeting of their brethren at Glasgow within a
few weeks to consider what was to be done in the present case,
but this meeting was never conveend.'' ^

The memorial agreed on at this meeting found its way to
the king, not by presentation as had been intended, but as a
treasonable document discovered at the meeting. It inflamed
those in power with rancorous feelings against the protestor,
who all suffered more or less for their avowal of principles so
repugnant. The paper is said to have been composed by Mr.
James Guthrie, and his accession to it forms a charge in the
indictment for which he suffered death.

James Kirkco of Sandy wells, the other ruling elder present
at the meeting with Mr. Hay, was imprisoned at the time for
some months, and was afterwards vexed with repeated fines
and quarterings of military, which obliged him to quit his
house and j)ropcrty.

Mr. Andrew Hay having escaped when the others were
committed to prison appears to have Ixjen unmolested at
this time. His brother was clerk of the Committee of the

' Kirkton's True and Secret History of the Church of Scotland^ p. ^^.


Estates, and to him he may have been indebted for escaping
the fate of his comrades. His marriage to the cousin and
favourite of the Duchess of Hamilton may also have induced
the authorities to view more leniently his offence.

In November 1662 Mr. Andrew Hay let the half of the
lands of Fence in tack to William Hamilton. The tack,
which is in Mr. Hay"'s own handwriting, is evidence of his
business habits and legal accuracy. The two instrumentary
witnesses were his friend Mr. John Rae, who suffered pains
and imprisonment for the Covenant, and Mr. John Cruick-
shank, minister at Raphoe in Ireland, who fell at the battle
of Pentlands for the same cause.

In 1662 Mr. Hay was, by the Act containing exceptions
from the Act of Indemnity, fined in ^600 Scots.

A curious episode in the life of Mr. Andrew Hay is recorded
in the minute-books of the town council of Lanark.

In September 1675 the town council of Lanark purchased
from Mr. Blair of Dunskey the lands of Crosslaw and Bank-
head, which are in the parish of Lanark and adjoin the burgh's
lands. The price was 6000 merks, but not having the money,
the council ordained 2500 to be borrowed, for which they were
to grant a bond.

On 26th November 1675 they borrowed 1000 merks from
Mr. Andrew Hay of Craignethan, who acted on behalf of Mr.
Robert Baillie of Jerviswood. The bond, being subscribed,
was delivered to Robert Hastie, late dean of guild, ' to goe
allong therewith to Craignethan, and ordained him tymeouslie
to-morrow in the morning, and to receive the money, delyver
the Bond, and return therewith betuix and tuelfth o'clock —
the whilk commission the said Robert accepted in and upon

On 2nd December 1675, the bailies and council * being con-
veined, and finding that the said Robert Hastie had not
delyvered the money he received fra Craignethan, saying it
was robed from him by the way, they ordained ane oyr


thousand merks to be borrowed insteid of that for payment to
the said John Blair of Dunskey."*

On 3rd December 1675 the bailies and council resolved to
pursue Hastie to restore the money, with loss and expenses,
and commissioned one of their number to go to Edinburgh
' for consulting and taking advice with advocates for pursuit
of said Robert.'

After an action was raised, we find that on 25th May 1676
the bailies and council borrowed 3000 merks of my Lord
CarmichaePs Mortification upon bond, without granting any
real security upon lands. And they agreed 'to exact off
Ro* Hastie only ane thousand merks without annual rent till
this last term, and render up his bond upon payment."*

It will be noticed that in this transaction Mr. Hay acted as
the agent of the celebrated Robert Baillie of Jerviswood, who
appears to have placed the same confidence in him as did his
sister-in-law. Lady Humbie.

In 1678 he was named a Commissioner of Supply for the
county of Lanark.

In 1683 he again got into difficulties with Government.
On 24th July of that year he was, with a great number of
other persons, indicted by the Porteous Rolls for rebellion and
receipt of rebels, and committed to prison. The Loi-ds of
Justiciary continued his case to 7th April 1684, when he gave
bond to compear when called, and was liberated. On 7th
April 1684, his case being called, the diet was deserted ; but
he appears to have been again imprisoned, as, on 12th March
1685, we are informed *Mr. Andrew Hay of Craignethan
falling under sickness in prison, the Council allow him to be
liberate, but confine him to the town of Edinburgh, under
Bond of 10,000 merks to compear when called, and order his
former bonds granted at Glasgow to be called up/

Most of the tenants on Mr. Andrew Hay's estate of
Craignethan and Thrcepwood were staunch adherents of the
Covenant. The following is a list of some of those tenants


and of the sufferings they underwent on account of their
principles :

John Clelland, junior, Crossford Boat — Fugitated.

James Forrest, Threepwood — Fugitated.

John Forrest, Threepwood — Fined.

Matthew Hamilton, servitor to Mr. Hay- — Fugitated.

Robert Hamilton, Threepwood — Fugitated.

AVilliam Hamilton, Threepwood— Fined.

John Laing, blacksmith, servitor to Mr. Hay — Denounced.

Adam Muir, Crossford — Fugitated.

James Muir, Crossford Boat^Hanged.

John Muir, servitor to John Forrest, Threepwood — Fugi-
tated. ; "

Thomas Muir, servitor to Archibald Muir, Crossford Boat —

James Shirley, servitor to Mr. Hay — Denounced.

John Templeton, Threepwood — Fugitated.

John Weir, Crossford — Fugitated.

In the official return of the heritors of the parish of Lesma-
hagow who had been offered the Bond and Test in 1683,
preserved in the Register House, there is the following entrv :
' Mr. Andrew Hay of Craignethan recusant."* ' Andrew Hay,
yr. of Craignethan, B." The latter had accepted the Bond,
but not the Test, the former had accepted neither. Mr.
Andrew Hay was probably in prison in Edinburgh while the
Bond and Test were being tendered to the heritors of Lesma-
hagow and Lanarkshire generally.

Mr. Andrew Hay was a man of varied acquirements. His
being a Graduate in Arts implied a knowledge of classical litera-
ture, and this he kept up. He also knew the French, Italian, and
Dutch languages. He moreover determined upon acquiring
Hebrew, and procured a grammar for that purpose, but it
is doubtful if he carried out his resolution. He was a great
reader, and the books which he studied show the solid nature
of the knowledge of which he was in pursuit, and the manner


in which he took notes of them is evidence that they were
read in a careful and studious manner. Mr. Hay went to
reside at the Stane, a small property in the parish of Biggar
belonging to Dickson of Hartree, at Whitsunday 1656.
Although proprietor of the adjoining lands of Threepwood,
there does not appear to have been any mansion-house
thereon, and the intimation of his landlord in 1659, that he
would require to remove from the Stane, appears to have
given him a good deal of concern. There seems to liave been
some difference about the amount of rent which had lain in
abeyance, and which was ultimately settled through the good
offices of his minister, Mr. Alexander Livingstone. In the
meantime, while he was undecided where to take up his
residence, he got the offer of a house at the Sciennes, near
Edinburgh, which did not appear to have been suitable to
his views ; and thereafter he got the spontaneous offer of the
mansion-house of Skirling when he should leave the Stane,
and this offer appears to have given great satisfaction and
relief to his mind. It is doubtful if he ever went to Skirling,
as in the lease which he granted to James Hamilton of the
lands of Fence in 1662 he seems to have had a mansion-
house at Lanark. In this he was following the example of
other Lanarkshire lairds who had a town-house in that burgh,
but although the burgh records have been searched, they are
silent in indicating any particular house which he occupied.
As mentioned afterwards, he built a dwelling-house at Craig-
nethan Castle in 1665, to which he would then remove.

In 1655 Biggar was conjoined with Lanark into one presby-
tery; this would be about or shortly before Mr. Hay took up
his residence in the parish of Biggar. As an elder of that
parish he was regular in his attendance at meetings of the
kirk-session and of the presbytery, and from his social position
and legal knowledge was much looked up to and consulted in
ecclesiastical matters : indeed he a})pears to have been the
ruling adviser in these church courts. The district was the



hotbed of the extreme views of the protesting party in the
Church. With the ministers of the new presbytery Mr. Hay
was on the most cordial terms. All these ministers without
an exception were ejected from their churches and parishes in
1662, while many laymen within the bounds, including Mr.
Hay himself, who had cast in their lot with them, were sorely
vexed by fines and imprisonment.

The two most prominent persons who figure in the Diary
are Lady Humbie and Sir John Chieslie. Of their subsequent
careers a few particulars may be here given.

The history of Lord Wariston is well known. His flight
to the Continent, his apprehension in France and delivery up
to Charles, his vindictive condemnation without a trial, and
his subsequent execution at the cross of Edinburgh on 22nd
July 1663, are matters of history, and need not be repeated.

Sir Archibald Johnston was connected with the Humbie
family. His brother, James Johnston of Beirholm, married
Elizabeth, second daughter (by Helen his wife, daughter of
Sir Adam Hepburn of Humbie) of Sir Thomas Craig of Ric-
carton, the author of Jus Feudale. James Johnston's daughter
Rachel was the second wife of Robert Burnet, Lord Crim-
mond, one of the Senators of the College of Justice, and
mother of Bishop Burnet, who in his History refers to Waris-
ton in the following terms : ' Warristoun was my own uncle.
He was a man of great application, could seldom sleep above
three hours in the twenty-four. He had studied the law
carefully, and had a great quickness of thought with an
extraordinary memory. He went into very high notions of
lengthened devotions, in which he continued many hours a
day. He would often pray in his family two hours at a time,
and had an unexhausted copiousness that way. What thoughts,
however struck his fancy during those effusions, he looked on
it as an answer of prayer, and was wholly determined by it.
He looked on the Covenant as the setting Christ on His throne,
and so was out of measures zealous in it. He had no regard


to the raising himself or his family, though he had thirteen
children. But Presbytery was to him more than all the world.
He had a readiness and vehemence of speaking that made
him very considerable in public assemblies. And he had a
fruitful invention, so that at all times he was furnished with
expedience." ^

Sir Archibald Johnston's wife, Dame Helen Hay, Lady
Wariston, was a daughter of Sir Alexander Hay, by Catherine,

Online LibraryAndrew HayThe diary of Andrew Hay of Craignethan, 1659-1660; → online text (page 1 of 28)