There are here printed two manuscripts by Sir John Lauder, Lord Fountainhall, and portions of another. The first[1] is a kind of journal, though it was not written up day by day, containing a narrative of his journey to France and his residence at Orleans and Poictiers, when he was sent abroad by his father at the age of nineteen to study law in foreign schools in preparation for the bar. It also includes an account of his expenses during the whole period of his absence from Scotland. The second,[2] though a small volume, contains several distinct portions. There are narratives of visits to London and Oxford on his way home from abroad, his journey returning to Scotland, and some short expeditions in Scotland in the immediately following years, observations on public affairs in 1669- 70, and a chronicle of events connected with the Court of Session from 1668 to 1676; also at the other end of the volume some accounts of expenses. The third[3] may be described as a commonplace book, for the most part written during the first years of his practice at the bar and his early married life, but it also contains some notes of travel in Fife, the Lothians, and the Merse in continuation of those in MS. H., and a list of the books which he bought and their prices, brought down to a late period of his life. These manuscripts have been kindly made available to the Scottish History Society by the owners. The first is in the Library of the University of Edinburgh. The second is the property of the late Sir William Fraser's trustees. The third has been lent by Sir Thomas North Dick Lauder, Fountainhall's descendant and representative.
[1] Referred to as MS. X.
[2] Marked by Fountainhall H.
[3] Marked by Fountainhall K.
It was Lord Fountainhalls practice, during his whole life, to record in notebooks public events, and his observations upon them, legal decisions, and private memoranda. He kept several series of notebooks concurrently with great diligence and method. In all of those which have been preserved there is more or less matter of value to the student of history. But at his death his library was sold by public auction. The MSS. were dispersed, though their existence and value was known to some of his contemporaries.[4] Some are lost, in particular the series of Historical Observes, 1660-1680, which, judging from the sequel, which has been preserved and printed by the Bannatyne Club, would have been of great value. According to tradition the greater part of what has been recovered was found in a snuff-shop by Mr. Crosby the lawyer, the supposed original of Scott's Pleydell, and purchased at the sale of his books after his death by the Faculty of Advocates.[5]
[4] Preface to Forbes's Journal of the Session, Edinburgh, 1714.
[5] MS. Genealogical Roll of the Family of Lauder by the late Sir Thomas Dick Lauder, in possession of Sir T.N. Dick Lauder.
Eight volumes came into the possession of the Faculty of Advocates, and under their auspices two folio volumes of legal decisions from 1678 to 1712 were published in 1759 and 1761.[6] In 1837 the Bannatyne Club printed The Historical Observes, 1680-1686, a complete MS. in the Advocates' Library, and in 1848 they printed two volumes of Historical Notices, 1661-1688. These are after 1678 selections from the same MSS. from which the folio of 1759 was compiled, and the additions to the text of the folio are not numerous, though the historical matter, which was buried among the legal decisions, is presented in a more convenient form. But from 1661 to 1678 (about half of vol. i.) and especially from 1670 (for the previous entries occupy only a few pages) the notices are all new and many of them of considerable interest. In printing these volumes, which I believe are acknowledged to contain some of the best material for the history of Scotland at the time, the Bannatyne Club carried out a design which had been long cherished by the late Sir Thomas Dick Lauder,[7] though he did not live to see its complete fulfilment, and he was helped in his efforts by Sir Walter Scott. The story[8] is worth telling more fully than has yet been done. In the winter of 1813-14 Sir Thomas, then a young man, met Sir Walter at a dinner-party. Sir Walter expressed his regret 'that something had not been done towards publishing the curious matter in Lord Fountainhall's MSS.,'[9] and urged Sir Thomas to undertake the task. In 1815 Sir Thomas wrote to Scott asking about a box in the Advocates' Library believed to contain MSS. of Fountainhalls. Sir Walter replied as follows:--
[6] See Mr. David Laing's Preface to the Historical Notices, p. xx, Bannatyne Club.
[7] Author of The Moray Floods, The Wolf of Badenoch, and other well-known books.
[8] The original correspondence was bound up by Sir Thomas in a volume along with Mylne's book (see infra), and is in the possession of Sir T.N. Dick Lauder.
[9] Letter, Sir T.D. Lauder to Sir W. Scott, 22nd May 1822, infra.
'Dear Sir,--I am honoured with your letter, and should have been particularly happy in an opportunity of being useful in assisting a compleat edition of Lord Fountainhall's interesting manuscripts. But I do not know of any in the Advocates' Library but those which you mention. I think it likely I may have mentioned that a large chest belonging to the family of another great Scottish lawyer, Sir James Skene of Curriehill, was in our Library and had never been examined. But I could only have been led to speak of this from the similarity of the subject, not from supposing that any of Lord Fountainhall's papers could possibly be deposited there. I am very glad to hear you are busying yourself with a task which will throw most important light upon the history of Scotland, and am, with regard, dear sir, your most obedt. servant,
'WALTER SCOTT. '_Edinr., 19 February 1815._'
After a further interchange of letters in 1816 the matter slumbered till 1822 when there appeared a volume entitled Chronological Notes of Scottish Affairs from 1680 till 1701, being chiefly taken from the Diary of Lord Fountainhall (Constable, 1822), with a preface by Sir Walter Scott, who had evidently forgotten his correspondence with Sir Thomas.[10] The volume in reality contained a selection, comparatively small, from Fountainhall's notebooks in the Advocates' Library, with copious interpolations by the author, Robert Mylne (who died in 1747), not distinguished from the authentic text of the notes, and greatly misrepresenting Fountainhall's opinions. The next stage in the correspondence may be given in Sir Thomas's own words:--
[10] The preface and Mylne's interpolations are appended to Mr. Laing's preface to the Historical Notices.
'Having been much astonished to learn, from a perusal of the foregoing review,[11] that Sir Walter Scott had stolen a march on me, and published a Manuscript of Lord Fountainhall's, at the very time when he had reason to believe me engaged in the work, and that by his own suggestion, and being above all things surprised that he had not thought it proper to acquaint me with his intention before carrying it into effect, I sat down and wrote to him the following letter, in which, being aware how much he who I was addressing was to be considered as a sort of privileged person in literary matters, I took special care to give no offence, to write calmly, and to confine myself to such a simple statement of the facts as might bring a blush into his face without exciting the smallest angry feeling. I hoped, too, that I might prevail on him, as some atonement for his sins, to lend a helping hand to bring forth the real work of Lord Fountainhall in a proper style.'
[11] In Constable's Magazine. See infra.
To SIR WALTER SCOTT OF ABBOTSFORD, BARONET.
'_Relugas, near Forres_, 22nd May 1822.
'DEAR SIR,--From Constable's Magazine for last month, which has this moment fallen into my hands, I learn, for the first time, with some surprise, but with much greater delight than mortification, that you have condescended to become the Editor of a portion of my Ancestor Lord Fountainhall's MSS. From this I am led to believe, that the circumstance of my having been engaged in the work since 1814 must have escaped your recollection, otherwise I think you would have informed me of your intention or inquired into mine. In the winter 1813-14, I had the happiness of meeting you at the table of our mutual friend, Mr. Pringle of Yair, where you expressed regret to me that something had not been done towards publishing the curious matter contained in Lord Fountainhall's MSS., urging me at the same time to undertake the task. Having also soon afterwards been pressed to perform this duty by Mr. Thomas Thomson, Mr. Napier, and several other literary friends, I was led to begin it, and Lord Meadowbank having presented my petition to the Dean and Faculty of Advocates, they were so liberal as to permit me to have the use of the MSS. in succession at Fountainhall, where I then was on a visit to my Father, and where I transcribed everything fit for my purpose. Emboldened by the remembrance of what passed in conversation with you at Mr. Pringle's, I took the liberty of trespassing on you in a letter dated 18th February 1815, to beg you would inform me whether you knew of the existence of any of Lord Fountainhall's MSS. besides the eight Folio volumes I had then examined. You did me the honor to write me an immediate reply, in which you stated that you knew of no other MSS. but those I had mentioned, and you conclude by saying, that you were glad to hear that I was busying myself in a task which would throw much light on the history of Scotland. In May 1816, whilst engaged here in arranging and retranscribing the materials I had collected for the work in the order of a Journal, I met with a little difficulty about the word FORRES, which the sense of the passage led me to read FORREST, meaning ETTRICK FORREST. Knowing that you were the best source from which true information on such subjects was to be drawn, and presuming upon your former kindness, I again addressed you, 23rd May 1816, begging to know whether I was right in my conjecture. To this I received a very polite answer in course of post, in which you express great pleasure in complying with my request, and are so obliging as to conclude with the assurance that at any time you will be happy to elucidate my researches into my ancestors' curious and most valuable Manuscripts with such hints as your local knowledge may supply.
'Since the period to which I have just alluded, I have continued to prosecute the work, but only at intervals, having met with frequent interruptions, among which I may mention an excursion to Italy; and after having finished about two-thirds of it in my own handwriting, it is only now that I have been able to complete it, by the aid of an amanuensis. I do not much wonder that, employed as you are in administering fresh draughts of enjoyment from the exhaustless spring of your genius to the ever-increasing thirst of a delighted public, you should have forgotten my humble labours. But whilst I regret that they should have been so forgotten, inasmuch as they might have contributed to aid or lessen yours, I beg to assure you, that every other feeling is absorbed in that of the satisfaction I am now impressed with in learning that you have taken Lord Fountainhall under your fostering care, as I am well aware that, independent of the honor done him and his family by his name being coupled with that of Sir Walter Scott, there does not now, and perhaps there never will, exist any individual who could elucidate him so happily as your high talents and your deep research in the historical anecdote of your country must enable you to do. I am naturally very desirous to see your publication, of which I cannot procure a copy from the booksellers here. I should not otherwise have intruded on you until I had seen the book, as I am at present ignorant how far it clashes or agrees with the plan of the work I have prepared. As business calls me to Edinburgh, I can now have no opportunity of perusing it before my departure, as I leave this on Tuesday the 28th instant I observe, however, with great gratification, from a quotation in the Magazine from your preface, that you hold out hopes of a farther publication, and I am consequently anxious to avail myself of being in Edinburgh to have the honor of an interview with you, that I may avoid any injudicious interference with your undertaking, and rather go hand in hand with you in promoting it. As I shall be detained on the road, I shall not be in Edinburgh until the evening of Friday the 31st, and my present intention is to remain in town only Saturday and Sunday, unless unavoidable circumstances occur to prevent my leaving it on the Monday. If you could make it convenient to grant me an audience on either of the days I have mentioned, viz., on Saturday, or Sunday, the 1st or 2nd of June, you would very much oblige me, and it will be a further favor if you will have a note lying for me at Mrs. President Blair's, or at my Agent, Mr. Macbean's, 11 Charlotte Square, stating the precise time when you can most conveniently receive me, that I may not be so unfortunate as to call on you unseasonably. With the highest respect, and with very great regard, I have the honor to be, dear sir, very truly yours,
