WAUCHOPE OF NIDDRIE-MERSCHELL.

HISTORY AND GENEALOGY

FAMILY OF WAUCHOPE

NIDDRIE-MERSCHELL

BY
JAMES PATERSON,
AUTHOR OI "THE HISTORY AND FAMTLIES OF AYRSHIRE,
" WALLACE AND HIS TIMES,"
&c, &c.

EDINBURGH:
[PRINTED FOR PRIVATE CIRCULATION.]
M.D.CCC.LVIII.

JOHN LINDSAY, PRINTER, 39, SOUTH BRIDGE, EDINBURGH.

Bb44

IT must be peculiarly interesting to a family of
long standing to know all that can be accurately
l|f ascertained of their rise and progress — how many
generations have passed away — and what part
their ancestors acted in the great drama of life. In point of
antiquity the WauchOpes of Niddrie-Merschell perhaps
stand amongst the highest in the district. In Mid-Lothian,
at all events, there are few — as associated with their respective
properties — that exceed them. Their contemporaries of the
fourteenth, fifteenth, and sixteenth centuries have all dis
appeared. Even before the beginning of last century the
following old families were extinct :'"'
" The Logans of Lochsterrick.
The Fairlies of Brede.
The Prestons of Craigmillar, quherof Whitehill was a
cadet, noAv both extinct.
The Herrings of Gilmerton.
Edmiston of Edmiston, tho' Edmiston of Edmun be the
stock. Both these places belonged to the same
family, and it's thought strange that they took the
tittle of Edmiston, it being vassal to the superior
of Musselburgh, as also Woolmet, &c, tho' now
* MS. dated in 1700.

VI
they have bought themselves free of that servitude,
anno 1700. Woolmet of old was a cadet of
Edmiston.
The Giffords of Sheriffhall.
The Lauders of Bass.''
The Niddrie-Merschell family passed through the ordeal
of those unhappy feuds and civil wars, by which many of the
old race were swept away; and though they suffered con
siderably, both at home and abroad, yet their descendants
bruik the same heritage in which their forefathers rejoiced
five hundred years ago.
In drawing up the folloAving narrative and genealog}', we
have been almost solely indebted to the Niddrie charter-chest
and the public records, so that whatever is stated rests on the
best authority. It is to be regretted that, in consequence of
more than one accident, many of the earlier family documents
have been destroyed, so that little could be gleaned of the
first two or three generations. Even the public records — from
similar causes — are extremely scanty prior to the fifteenth
century ; still, from such facts as could be gathered, it will
be found that the genealogy is very entire. Though the link
of the chain cannot be connected, the Wauchopes — no doubt
the same whom the Niddrie-Merschell family represent  are
distinctly traceable in the reign of William the Lion, who
ascended the throne in 1165.

August 1858.

HISTORICAL.
ff^HE Mansion-House of Niddrie-Merschell stands in the vicinity of the ruins
of Craigmillar Castle, in the parish of Libberton, and is distant about
three and a quarter miles south-east of Edinburgh. The barony is not very
extensive, but it is compactly situated, and the soil is fertile. In charters and
other documents it is described as consisting of the " twa pairt and third pairt "
land* of Niddrie-Merschell — these divisions having formed different possessions
in remoter times. A small stream, having its source in the Pentland Hills,
winds past the house, and contributes much to the beauty of the undulating
grounds which form the park. It drives the mill of Niddrie, as well as those of
Brunstain, and empties itself into the Forth, at the Magdalene Bridge, bounding
the Regality of Musselburgh on the west.
Around the old Mansion-House, which stood on the rising ground east of the
rivulet from the present, a hamlet had grown up, called the village of Niddrie.
It occupied both sides of the stream, and the public road passed through it.
It contained at one time three hundred families, three breweries, and fourteen
houses which sold liquor.* This village has altogether disappeared, though some
of the houses existed until a few years ago. The only hamlets now in the barony
are the Mill-town and Whitehill, which latter is chiefly inhabited by colliers.
A chapel, called "Capella de Nudry-Merschale," stood on the north side of the
rivulet, at the west end of the present Mansion. It was one of the two chapels
which, besides the parish kirk, existed in the parish of Libberton in former
times. It was dedicated to God and the Virgin Mary, "in honorem sancte cruris,"
and held of the Abbey of Holyrood. The clergyman who officiated on its foun
dation, in 1 502, when Archibald Wauchop de Nudry-Merschale, with consent of
* Rev. Thomas Whyte's Account of the Parish of Libberton.

his spouse, Euphame Skowgale, made a mortification, " ad sustentationem unius
capellani in divinis celebrantis, et in perpetuum celebraturi ad magnum altare
capelle," was styled " Dominus Willielmus Werok," and had a manse, an acre of
ground for a glebe, the privilege of having two cows fed in the common pasture,
and twelve merks paid him yearly, at the usual terms of Whitsunday and
Martinmas, from the lands of Pylmuir, in the parish of Currie, which, with
Ravelrig, at that time belonged to the barony of Niddry-Merschell.* "There
was, in Catholick times, an organ loft in the chappel. Three priests lived in
the village for serving it, one at the east end of it, one at the west, and one
in the middle, just over against the House."t The chapel was destroyed by a
mob from Edinburgh, after they had demolished the royal chapel at Holyrood-
house, in 1088. Nothing of it now remains save what is used as the burying-
vault of the family. It is neatly enclosed, and secured by an iron gate. On a
tomb inside, near where the great altar is supposed to have stood, there is the
following inscription : —
" This tome ves biggit be Robert Vauchop of Nydrymarischal, and enteris
heir, p.p., 1587."|
This Robert is said by Mr Whyte, in his Account of the Parish of Libberton,
and repeated by Chalmers in his Caledonia, to have been the founder of the
chapel, and they quote the date as 1387. The second figure is somewhat
defaced, and might be taken for a 3 ; but circumstances lead us to the con
clusion, after mature consideration, that it is a 5, and that the real date is
1587. In that year William Wauchope died, and was buried in the tomb. A
large stone, placed horizontally above it, records the fact in the following terms :
"Haer . lyes • ane ¦ honorabil • man • William • Wauchop • of • Nidre • Merschil ¦ quha ¦
deceisit • ye ¦ vi • day • of • Februar • 1587." This William's son and heir was Robert,
who, it seems probable, built the tomb for the reception of his father's remains,
and as a place of sepulture for the family in time coming. The reading of the
inscription we would therefore render thus : " This tomb was built by Robert
Wauchope of Niddrie-Merschell, and inters here, p.p. 1587." Not that he him
self was interred there, but that he inters there. In other words, it is his, or his
family's place of burial. This is the most grammatical reading of the inscription.
* Great Seal Register. T Ms- Notes, 1700.
t The tomb is a rude building, about 10 ft. by 8 ft. 8 in., and 3 ft. deep. The inscription occupies
a large slab — removable when required— set in the west end of the structure. The meanin" of the letters
"p.p." before the date is rather a puzzle. We cannot hazard a satisfactory solution.

9
Notwithstanding, we would have had some difficulty in coming to the conclusion
we have arrived at, but for other obvious reasons.
The style of the lettering, which is plain Roman, rather deeply cut, was not
used for inscriptions in that age, except perhaps in Italy, France, and some other
portions of the Continent — black-letter being the prevailing fashion. In England
the Saxon character was used, as on the monument of Henry III. in Westminster
Abbey, 1275-1291, and on Great Breakam Church, so late as 1341. The Roman
form was not used in England, apart from the time of the Romans, before 1410-
1 420, when it occurs on St Michael's of Canterbury. From that period down
wards the Roman and black-letter were used indiscriminately. We have no
evidence of its occurring in Britain at an earlier period. In Scotland, the Roman
form seems to have been preceded by the flory, a good specimen of which is to be
seen in the Cowgate of Edinburgh. The inscription on the tomb of Provost Ban-
natyne, in Corstorphine Church, dated 1470, is in black-letter.
But besides this negative evidence that the tomb was not built in 1387, we
have the positive fact that the chapel itself was not then in existence, it being
quite a mistake that Robert of that date was the founder. There is no charter of
mortification earlier than the one already mentioned, by Archibald Wauchope,
with consent of his spouse, Eufame Skowgal, in 1502. That document is printed
at length in Whyte's Account of Libberton, and, strange enough, the author
entirely overlooks its import. In the preamble it says : " Sciatis, nos quand.
cartam fundationis factam per dilectum nostrum Archibaldum Wauchop de Nudry
Merschale, cum consensu et assensu Euphamie Skowgale ejus sponse, in laudem
et honorem Dei omnipotentis, gloriossisseme Virginis Marie, matris sue, Sancte
Cruris, et omnium Sanctorum, de uno annuo redditu duodecim mercarum et de
una teri'a et una crofta terre arabilis subscript, ad sustentationem unius Capellani
in divina celebrantis, et in perpetuum celebraturis ad magnum altare capelle per
ipsum Archibaldum, in honorem Sancte Cruris, infra villam suam et territorium
de Nudry-Merschale, fundat. et situat. pro animabus in dicta carta specificatis," &c.
And in the body we have it reiterated : " Nee non dare, concedere, et hac presenti
carta mea confirmare, Deo, et Beate Marie Virgini, et Sancte Cruci omnibusque
Sanctis Dei, et uni Capellano divina celebranti, et pro perpetuo celebraturo ad
magnum altare per me construct, fundat. et edificat. in honore dicte Sancte Cruris
Domini nostri Jhesu Christi, situat. infra villam meam et territorium de Nudry-
Merschale," &c.
It is thus clear that the chapel was founded by Archibald in 1502.* There
* The charter is dated 2d February, 1502.

10
could be no chapel without a great altar, of which he was the undoubted founder ;
and as the tomb is built near where the great altar stood, there could have been
no such tomb in 1387, when neither chapel nor altar existed.
After the Reformation, the chapel was united to the church of Libberton,
and as the Laird of Niddrie was patron of the chapel, the family became joint
patrons with the Crown of the Church of Libberton — a right, however, which has
latterly been questioned.
The burying-place of the village was formerly close to the chapel, but, in
1685, it was removed to a short distance south-west of the old garden, where it is
thoroughly enclosed, and seldom disturbed. Several head-stones, some of them
neatly carved and inscribed, point out the resting-places of the tenantry, and
other inhabitants of the old village of Niddrie. On making some excavations
lately at the west end of the chapel vault, a number of bones were dug up, the
remains, no doubt, of the former burying-ground.
It would be interesting to learn how the name of Niddrie came to be given
to the lands. The word is evidently of the British form of the Celtic, and is some
times spelled Xidrof and JYidraif in old documents. The historian of Libberton
parish — the Rev. Mr Whyte — derives it from the Gaelic Niadh and Ri — which
compound word would signify the King's Champion. Unlike that of Craigmillar,
immediately adjacent, the name is not derived from any peculiar topographical
feature ; and there is an upright weather-worn stone, of large dimensions, in a
field immediately west of Niddrie House, which in all likelihood marks the scene
of some important conflict during the British period of our history. The etymology
of the King's Champion might thus be supposed to receive some countenance ;
but there are other two Niddries within the bounds of the Lothians, so that to
account for so many King's Champions is out of the question.
The addition of Merschell, Marischal, or Marshal, (we prefer the first and
oldest spelling), to the name, we are told by Sir George Mackenzie, Nisbet, and
others, arose from " the heads of this family of Wauchop of Niddrie [having been]
hereditary Bailies to Keith Lords Marischal, and Marischal-Deputes in Mid-
Lothian : from the Lords Marischal they had the lands of Niddry desio-ned
Niddry Marischal." The Rev. Mr Whyte repeats this statement, with the verbal
confirmation of Lord Hailes — no mean authority ; but we must confess we have
not met with anything hke proof of the fact. No doubt Gilbert Wauchope of
Niddrie repeatedly held the office of deputy-marshal in the rei°-n of James V
but this is of too recent a date to have much weight. At the same time it seems
to have been the traditional belief of the Wauchope family that such was the case

11
In the M.S. notes, written by Wilham Wauchope of Niddrie in 1700, the author
says : — " It's thought by tradition that the name of Marshall added to the tittle
of Niddrie, came from the familie having great power and possessions in the south
borders (and among the rest the parish of Wauchop), and particularly their being
Marshals in that country. Sir John Nisbet was of that opinion, and told me he
had seen an old writ which signified as much." The writer believed that "Niddrie
belonged always to the Wauchopes ; for no writ, evident, or tradition, can show
that it ever belonged to any other name." This, however, is not the fact. In the
reign of David IL, Walter, the son of Augustin, burgess of Edinburgh, had a
charter of the lands of Niddrie, in the county of Edinburgh, " quhilk John Ban
natyne of CoiTokis resigned ;" and in the same reign, Henry Nuddrie had a
charter from John Bannatyne, in Corrocks, of the three part lands of Nudrie-
MerschdL* The same party had a charter of confirmation from David II. of
some acres in Nudrie. Walter, son of Augustin, had another charter of the
lands of Nudrie from David IL, dated 19th Sept. 1363 ;f and Henry of Nudre
had a charter of confirmation of his parts of the lands of Nudrie- Merschell, dated
Edinburgh, 18th Oct, 1364.J
Thus there had been a family, who assumed the name of Nudrie, in posses
sion of at least a portion of the lands of Niddrie-Merschell prior, though only by
a short period, to any notice of the Wauchopes in the charters of these lands —
the first of which is to Gilbert Wauchope in the reign of Robert III. The rolls
of our early charters, however, are very imperfect. It must be kept in mind, at
the same time, that the demesne of Gilmerton was cultivated or farmed out by
David I, both when Prince of Cumbria, and after his succession to the Scottish
throne, and it remained in possession of the crown till the time of Robert the
Brace, so that no charters of these lands exist of an earlier date than his reign.
Those to whom they were farmed, or by whom they were held, were called the
King's tenants. For example, in August 1296, according to Prynne, Alan de
Libertoun, and David de Libertoun, the tenants of the King, in Edinburghshire,
swore fealty to Edward I. The first of the Wauchopes may therefore have come

* Robertson's Index.
f It may be said that this was not Niddrie-Merschell, but some of the other Niddries. The fact
that it was resigned by John Bannatyne in Corrocks, who also resigns the lands to Henry Nuddrie,
inclines us to think that the same Niddrie is meant — though perhaps it did not all go under the name of
Niddrie-Merschell then as now.
t Robertson's Index. John Nudre had a charter of confirmation from Robert III. of the lands of
East Quarter of Pentland Muire, the half lands of Ernecraig, in Pentland, and in the barony of Rosline,
given by Henrv, Earl of Orkney, in excambion with the place and yards of Kirk-Crawmond.

12
in upon this title.* It thus seems doubtful as to the origin of the addition of
Merschell to the name — though it is extremely probable that, as in other instances,
it was derived from the Keith Marischals in some way or other.
Wauchope is a local patronymic. There is a Wauchopdale in Roxburgh
shire, and a small stream called the Wauchope runs into the Rule. Wauchope
is also the name of an ancient parish, river, and vale, in Dumfries-shire, which
now forms part of the modern parish of Langholm. Chalmers describes it as
pleonastic, derived from the Gaehc uagh, a den, and the Gothic hope, a short
vaUey. Wauchope Castle, in Dumfries-shire, the ruins of which are still trace
able, was the first home of the Lindsays in Scotland. Wauchope House, the
"gudewife" of which corresponded with Burns, is also in that district; but
the Wauchopes of Niddrie-Merschell, and all of the name, are known to have
belonged originally to Roxburghshire.
It would be futile to hazard a guess as to whether the first of them came
from Normandy with William the Conqueror, or from the Dane-law in England,
during the reigns of Malcolm Caenmore or David I, or sprang from the old
British race, by whom the independence of the kingdom of Strathclyde was so
long maintained against numerous foes. The patronymic, at all events, appears
to have been derived from the lands, as was that of the Douglases, of which
powerful race the Wauchopes became vassals. Mackenzie, in his " Lives of
Eminent Scotsmen," says they "had their first rise in the reign of Malcolm
Caenmore, about the year 1062," and that they came from France. Of their
antiquity there can be no doubt, but their advent with the Conqueror seems
matter of conjecture. In the list of foreign settlers, during the reigns we have
mentioned, the name does not appear. It used to be, and probably still is,
fashionable to trace families from the Normans ; but the truth is, the Scandi
navians of Cumberland, Northumberland, Lincoln, and Yorkshire, from whence
most of the feudal settlers in Scotland were drawn by Malcolm and David, were
a kindred people, and quite as warlike and honourable. Nor were the ancestors
of those of native origin less so. The great Randolph of the Brucian wars,
according to Chalmers, was of Celtic and Border descent.
" They of the name of Wauch, by our old books of blazon," says Nisbet,
" carry the same with Wauchope, sometimes adding a fess,;" and the writer of
* According to Nisbet, the Heriots were at one time proprietors of Niddrie-Merschell. John Heriot
who has a charter from Archibald, Earl of Douglas, of the lands of Trabroun, is styled " filius et herea
dilecti confederal nostri Jacobi de Heriot de Nidrie Marischel." This charter was confirmed by
James I, 1443.

13
the MS. notes already referred to, was of opinion that " Wauchtoun, or Wauchop-
toun, in E. Lothian, belonged to this family " [the Wauchopes]. This, however,
is supported by no evidence. The earliest notice of these lands occurs in a
charter by Robert II. to " William de Lindsay, of the lands of Drem, in the
constabulary of Hadingtoun, vie. de Edinburgh, whilk pertained to Johana de
Erth of Wauchtoun, and which William de Gourlay, her son and heir, resigned."*
The first we find of the patronymic of Wauchope is Ada de Waleuhope,
who witnesses a charter by Symon de Lyndsay to the Abbey of Melrose, f in the
reign of William the Lyon, who ascended the throne in 1165. Dominus Ada de
WaleuJwpe, evidently the same person, also witnesses another charter to the
Abbey in the same reign ; and Ada de Walchope is witness to a charter in the
succeeding reign of Alexander II. In this reign (Sth Feb. 1247), Wauchope, as
a locality, is thus mentioned in one of the Melrose documents — " Et eciam pas-
turam ad octo boues et octo vacas in Wauchop." In 1389, Robert II. confirmed
a charter of James, Earl of Douglas, to Alexander de Walchope, of the lands of
Walch-ope, and to the heirs of his body; whom failing, to Sir Adam de Glen-
donwin, who had married his daughter, and to his heirs.! Thus it is established
that the Wauchopes were originally settled in Roxburghshire, and that they were
vassals of the Douglases.
In the MS. notes, the author says — " In King James the 2d's time, this
family was forfaulted by the means of the Douglasses, who got the estates, and
particularly Wauchopdale ; from them the Maxwells, and from them the present
possessor, the Dutchess of Buccleuch, so that when the family was reponed, it
never got back Wauchopdale." Of this forfeiture we find no trace in the acts of
James II. 's reign ; and as the author, from a previous portion of the MS, evidently
alludes to Wauchopdale in Dumfries-shire, the statement must be founded on a
traditional misconception. Wauchopdale, in Dumfries-shire, belonged to the
Lindsays, and the lands of Wauchope in Roxburghshire passed to the Glendonwins.
In the Ragman RoUs (1291-1296), various parties of the name of Wauchope
appear. There is a Robertus de Walghope, belonging to Fife ; a Robertus de
Walghope, undesigned ; and a Thomas de Walghope, " tenant le Eusque de
Seint Andreu del Counte de Edeneburgh."
There was an old branch of the Wauchopes, who possessed the lands of
Culter, in Aberdeenshire. According to a transumpt of a charter, § in the charter
* Robertson's Index, f Cart, of Melrose, t Douglas' Baronage.
§ A copy of this charter, published in Whyte's Account of Libberton parish, is amongst the
Niddrie papers.

14
chest of dimming of Culter, these lands were confirmed by Alexander II. to
Robert Wauchop, son to Allan Wauchop — " nos dedisse concessisse et hac nostra
charta confirmasse Roberto de Waluchop filio Alani de Waluchop pro homagio
et servicio suo terram de Tulmacboy per has divasas," &c. This charter is
dated 16th October, in the 33d year of his reign — 1247. Robertus de Waloliop,
and Dominus Robertus de Walichope, who witness charters by Alexander Cum-
ming, Earl of Buchan, to the Priory of St Andrews,* were probably one and the
same person. The lands of Culter went with a daughter of Sir Adam Wauchop
to Cummin of Inverlachie, " of whom," says Nisbet, " is lineally descended Cum
min of Culter."
Mackenzie, in his " Lives of Eminent Scotsmen," derives the Wauchopes
of Niddrie-Merschell from the Aberdeen branch, but neither he nor Nisbet offer
any proof of the fact, although it is probable enough. Both the properties in the
south and north passed by heirs female ; but as these were the only known
branches of the family, f they must have sprung from the one or the other ; and
are now unquestionably the chief of the name.
The difficulty of tracing the first of the Wauchopes of Niddrie-Merschell has
been aggravated by the destruction of their more ancient muniments. " The
family of Nidrie-Marshal," says the MS. notes, "was forfaulted in James the 2d's
time, for making an inroad into England, so that by that means most of the old
charters and evidents were lost." The estate was again forfeited in Queen Mary's
time, the lairds, elder and younger, having espoused her cause ; and the house was
afterwards burned by their neighbours, who were at feud with them — " at which
time a fatal blow was given to our charters. The few that were left were after
wards destroyed, when the Enghsh came to Scotland in Cromwell's time. They
were closed up partly in a cellar, built up with stone and lime, which an old rug
discovered, partly were earned to Dundee by my grandfather, Sir John, and after
the town was taken by General Monk, were lost or destroyed. Sir John kept
only bonds." In corroboration of this statement, it may be mentioned that there
is a small bundle of charters and other documents in the charter chest at Niddrie
House, which have evidently been recovered from the flames, most of them beino-
partially burned and blackened, and otherwise injured. The oldest of these, in
direct connection with the family, is a charter of the two merk lands of Gilmerton,
* The charters in the cartulary of the Priory of St Andrews are all dated prior to 1413.
\ The Aberdeen Wauchopes were no doubt transplanted, like the Gordons, Frasers, Lindsays &c
from the south.

15
from Patrick Hering, in favour of Archibald Wauchop of Niddrie-Merschell, and
is dated 4th Feb. 1498.
As already stated, a family of the name of Nudrie appears to have preceded
the Wauchopes in at least the three-part lands of Niddrie-Merschell — the date of
their last charter of confirmation being 18th Oct. 1364. Yet the Wauchopes may
have been contemporaneous in the " twa pairt lands." The first to whom a
charter appears is Gilbert Wauchop, who had a charter of " the lands of Niddery,"
from Robert III, who began to reign in 1 390. It is possible that he was not the
first of the family in possession of lands in Niddrie. His immediate predecessors
may have been King's or ecclesiastical tenants.* Thomas Wauchope, mentioned
in the Ragman Rolls in 1296, for instance, is described as a holder from the
Bishop of St Andrews, in the county of Edinburgh; and the idea might be still
farther pushed. In " the Lawis of the Merchis betuix Scotland and England,"
1249, the name of Robertus de Waleivhope occurs along with Henricus de Brade,
Alanus de Newbigging, &c, parties evidently belonging to the county of Edin
burgh. Thus the Robert of 1249 might have been the father of Thomas of
129G, and Thomas the father of GilbeH of 1390.f
The lands of Niddrie-Merschell consisted, as they do at the present time, of
the two and third parts ; but additions to the family inheritance continued to be
made from time to time. Archibald, who stands third in the genealogical account,
seems to have been pretty successful in this respect. He acquired the crown lands
of Pilmuir, in Currie parish, about 1489 ; the two merk land of Gilmerton, in
1493 ; and the three husband lands, called Boggis lands, in 1503.J The acqui
sition of land was the ruling object in early times, and it frequently led to lasting
feuds. On the 16th March 1490, David Hepburn of Wauchtoune appeared before
the Lords of Council, and " become lawborough " for himself and son that " Archi
bald Wauchope of Niddrie and his sone and apperand are salbe harmles and
scathles of thaim," and submit to the cause of law. The misunderstanding
between the families sprang out of their rival claims to the " twa third parts " of
* It may be worth noticing here that the teinds of Niddrie were Bishop's teinds. By the erection
of the See of Edinburgh, in 1633, part of the Bishop's patrimony was "Totaset integras parochias
ecclesiasticis de Whitekirk, St Cuthbert's, Libertoun," &c. There is a discharge by Mr James Aiken-
head, factor to the Rev. Father in God, George, Bishop of Edinburgh, to Sir John Wauchope of Niddrie
for teind tack duties, 1666, 67, 68, and 1069, dated 15th Nov. 1670. George Wisheart was consecrated
Bishop of Edinburgh, 1st June 1662, and died 1671. Mr Aikenhead, who grants the discharge, was
his factor. f A Thomas Walchope had a charter from Robert II. " Carta Thomae de Walchope, de decem
libris sterlinen. annuatim, per manus camerarij." Methven, 4th Sept. 1378. This Thomas was most
likely of the Aberdeen branch ofthe Wauchopes. t Niddrie Charter Chest.

16
the lands of Houstoun, in Haddingtonshire. The Hepburns claimed the lands by
assedation of " frere Alexander Bhth," and the Wauchopes by that of " frere
Thomas Dicksone." The Lords, on the 4th June 1491, decided that the lands
should remain with "frere Alexander Bhth," and that the Sheriff of Edinburgh
should " red " the said lands of both claimants and their servants, and that the
place should continue void " quhill the assumption day of our laidy nixt to cum,
but prejudice of the rights of any of the parties."* The dispute must have ended
favourably for Niddrie, for Gilbert, son and heir of Archibald, had sasine of the
office-houses and part of Houstoun, in 1502.f Archibald, with consent of his
spouse, Euphamie Skougal, founded the chapel of Niddrie, by a charter of mor
tification, in 1502.
Robert, the famous Archbishop of Armagh, must have been a younger son of
this Laird of Niddrie.J He is said by Mackenzie to have been born in the reign
of James IV, which continued from 1489 to 1514. "In all the records of the
"University of Paris," he adds, "where he was eight times procurator, he signs
himself Robertus Wauchop de Nidree Marischal." He, however, leaves his
precise parentage, and the year of his birth, unascertained. There are various
documents in the Niddrie Charter Chest, however, which tend to show that he
was a son of Archibald, founder of the chapel of Niddrie, who seems to have been
a person of much piety.
Young Wauchop, who was defective in liis vision almost to blindness, pos
sessed extraordinary talents. After studying, probably under a tutor, at home,
he was sent over by his parents to France, where he finished his course in the
Belles Lettres and Philosophy. He then applied himself to theology, and, after
several years, repaired to Rome, where he entered into holy orders. Returnino-
to Paris, he there became distinguished by his varied accomplishments. His
piety, however, led him to the almost exclusive study of divinity ; and he attained
to such proficiency in a knowledge of the Scriptures, the Fathers, and Councils,
that in all public discussions he appeared with marked distinction. At leno-th
he was appointed Doctor of Divinity in the Paris University, in the quiet prosecu
tion of which he had resolved to give up all business ; but he was prevailed upon
by the heads of the University to become their procurator, and in this station
he acquitted himself so well, that he was eight times elected. He was also

* Acta Auditorum. t Niddrie Charter Chest.
X This is not positively proved ; but he could not well be the son of any other, and several docu
ments in the Niddrie Charter Chest countenance the fact.

17
appointed " visitator " of all the Colleges, an extraordinary office, but which was
deemed necessary, from the spread of the Reformed religion.
His abilities having attracted the notice of the Pope, he was called to Rome
about the year 1535 by Paul IIL, who employed him as his legate to the
Emperor of Germany and the King of France, in both of which commissions he
exhibited the highest qualifications as an ambassador. Some time afterwards he
was promoted to the Archbishopric of Armagh in Ireland. On proceeding there
he found the natives in great ignorance, and he laboured with incredible pains
for their instruction. Being ignorant of the Irish tongue himself, he employed an
interpreter, and, travelling through his diocese, often preached four or five times
a-week. The Pope finding it necessary, from the spread of a reforming spirit
everywhere, to assemble a General Council, called him to Rome, that he might
benefit by his advice. The wars and troubles in France had hindered such
a convocation, but finding that the Emperor and the King of France were re
solved to call one, for reforming the abuses complained of by Luther, the Pope
anticipated them, by issuing a Bull for a general meeting at Trent, on the 15th
March, 1544.
Our prelate attended the preliminary meeting of Theologues at Paris, where
it was proposed to re-establish what is called the Pragmatic Sanction, but he
opposed it, and no conclusion having been come to, they resolved to abide by the
twenty-five articles of doctrine which had been agreed to at the Sorbonne two
years before.
Archbishop Wauchope was present during the entire sitting of the Council
of Trent, which continued till the year 1551 ; and not only took part in the pro
ceedings, but wrote a full account of them. He barely outlived this harassing
and exciting labour, as he died at Paris on his way home immediately afterwards.
His death is thus recorded in Balfour's Annals, 1551 : — "At this same tyme,
Robert Wauchope, archbis: of Armach, in Ireland, returns from Rome, and deyes
at Paris, the 19 day of November, this same zeire." Ware, in his "History of
the Bishops of Armagh," says " he died at Paris, in a convent of Jesuites, the tenth
of November, 1551." It is possible that the figure 9 in Balfour may be a mis
print. Mackenzie quotes numerous testimonies of the admiration in which the
Archbishop was held. Lesly says, " such was his judgment in secular affairs,
that few of his age came near him," and in his capacity as legate, he acquitted
" himself so well that every one admired his wit, judgment, and experience."
Sir James Ware, speaking of him in a similar strain, and alluding, like

18
Lesly, to his having been born blind, says — " He was sent legate a latere from the
Pope to Germany, from whence came the German proverb, " a blind legate to the
sharp-sighted Germans."
Archbishop Spottiswood, though opposed to him in religion, speaks impar
tially of his virtue and learning : " and which almost exceedeth belief, being blind
from his very birth, only by learning the lessons and conferences of learned men,
he grew to such knowledge, as in the University of Paris, none of the Doctors
was held more learned, nor had a more frequent auditory."
George Con, in his book, " De Duplici Statu Religionis apud Scotos," says,
"Robert Wauchop, though he did not possess the use of his eyes, 'oculorum
vsum,' yet he had such an excellent genius that, by his own merits, he acquired
all that commonly contributes to the use or splendor of human life."
It would thus appear that the Archbishop was wholly bhnd. His writings,
as given by Mackenzie, were — 1. "De Legitimo Concilii Tridentini Consensu,
Lib. I." 2. "Ejusdem Concilii Acta, Lib. I." 3. " De Autoritate Papse, Lib. I."
4. " CoUecta Canonum, Lib. I."
Gilbert, the successor of Archibald, seems to have added Whyterig, Wodflat,
Overmosshouses, and Ladyland to the estate. The feuds, chiefly about lands,
begun in his father's lifetime, ran high during his. He, and Gilbert his son,
with others, were convicted of art and part in convocation of the lieges upon John
Edmonstone of that Ilk, Aug. 30, 1529 ; and James Dundas of that Ilk became
assurance for " Gilbert Wauchope of Niddrie Marschell, Thomas Wauchope, and
thair kynne, freyndis, tenentis, &c, unto the IX day of May next to cum."
(April 4, 1530.)*
In 1534, (3d Nov.) there was a mandate by Pope Paul III. to the provosts
of the churches of Dunglas, Seton, and Dalkeith, to confirm, by apostolic authority,
to Gilbert Wauchop of Nudry Marschell, the lands of Quhitinche and others granted
to him by the Abbot of Holyrood.t This seems to have rekindled the feud
* Pitcairn's Criminal Trials.
T This document states iu substance that a beloved son, Gilbert Wauchop of Niddry-Marschell, a laic,
had shown to him, by petition, that formerly Robert the Abbot, and the Convent of the Monastery of the
Holy Cros3, near Edinburgh, of the order of St Augustin, of the said diocese (St Andrews,) being chap-
terly assembled, as use is, after having attentively consulted for the profit and utility of themselves, and
of the said Monastery, and after a long treaty and mature deliberation, previously had, for the sum of
one hundred pounds, Scots money, gratefully paid by the said Gilbert to the foresaid Abbot and Con
vent, and perhaps applied to the benefit of the said Monastery, as also for the improvement of policy in
Scotland, and other national causes thereto moving, gave, granted, and in feu-farm or tack, demitted all
and whole the four merk lands of Quhitinche, WaJlaceflat, Furderief, now called Lamosbrume, in the
town and territory of Furde, and barony of the said Abbot and Convent of Ahammer, otherwise called
Quhitkirk, as also the lands called Schelisland and Abbots Croft, in East Fortoun, with tofts crofts

19
originating in the quarrel about the lands of Houstoun, for (Jan. 15, 1534-5) we
find Sir Patrick Hepburne of Wauchtoune, knt, and thirty-four others, giving
security to underly the law for " umbesetting " the highway for the slaughter of
Gilbert Wauchope of Nudry-Marscheli*
In 1535, (28th April) James V. granted a letter of protection in favour of
Gilbert Wauchope, his spouse, bairns, &c, in the following terms : —
" James, be the grace of God, King of Scottis, to all and sundry our liegis
and subjectis quham it efferis quhais knowlege thir our lettres salcum greting,
vit ye ws to haue takin and be thir our lettres takkis our louitis Gilbert Wauchop
of Nidry Merschel and Jonet Ker his spous, thar bairns, men, tenentis, seruandis,
familiaris, and all and sundry thar landis, rentis, possessiouns, takkis, steddingis,
malingis, tejmdis, houses, bigingis, myris, mossis, codheuchis, castelhs, touris,
fortalices, maner places, store places, granges, lesouris, pasturis, woddis, lowis,
houses, and buildings, and sundry pertinents thereof, which a noble man, Patrick Hepburn of Wauchton,
a knight of the said diocese, some time possessed within the foresaid barony, constabulary of Haddington
and Sheriffdom of Edinburgh, lawfully pertaining to the said Monastery, from which the foresaid Abbot
and Convent formerly redeemed four merks Scots yearly to the said Gilbert and his heirs and assignees
to be holden and possessed by them in feu-farm for ever, by all the rights, meiths, &c, under the yearly
duty or rent of eight merks Scots money, and twelve capons, in augmentation of the rental or annual rent
of the said Monastery, in addition to the sum of four merks Scots, with the twelve capons foresaid,
making together one pound and ten shillings sterling, or thereabout, to be paid and rendered to Robert,
for the time being Abbot, and to the Convent foresaid, by the said Gilbert, his heirs and assignees foresaid,
at two accustomed terms of the year, Whitsunday and Martinmas, by equal portions, together with the
foresaid twelve capons, at Christmas, and services in the three head Courts, within the burgh of Canongate,
and Courts of Justiciary and Chamberlainry of the said Abbot and Convent, when it shall happen them
to be held ; as also with other services used and wont, entirely in name of leu-farm, and the respective
heirs of the said Gilbert, doubling the rent or duty foresaid the first year of the entry of every one of
them to the foresaid lands, in augmentation of the rental, and perhaps under certain other agreements
laws, conditions, declarations, and limitations, in like cases used to be added, then perhaps expressed, as
in a public instrument following thereupon is said to be more fully contained ; and that Gilbert himself,
by virtue of the gift, grant, or let, to feu-farm or perpetual tack, perhaps had attained possession or stood
vested in the lands and pertinents foresaid— Wherefore it being humbly supplicated on the part of the
said Gilbert (asserting that the gift, grant, and let to feu or perpetual tack, was granted for the evident
utility of the said Monastery) that the Pope would vouchsafe, from his usual goodness, to order the
strength of a fit confirmation to be applied to the foresaid gift, grant, and let to feu-farm, or perpetual
tack, for the greater validity thereof, and otherwise to appoint suitably in the premises. The Pope
therefore having no certain knowledge in the premises, and of the true situations, boundaries, denomi
nations, qualities, quantities, and true annual worth of the lands and pertinents foresaid, and tenors of
the instrument or deed thereof and others, and being favourable to the petition, he thereby charges the
foresaid provosts of Dunglas, Seton, and Dalkeith, to inform them concerning the gift, grant, and let to
feu or perpetual tack, and others in the premises done as aforesaid, by examining the foresaid Abbot and
Convent, and others who should be summoned, and if by a diligent information it should appear to them
that the foresaid feu was granted for the benefit of the Monastery, to approve and confirm the same by
the Pope's authority, and to decern the same to stand valid and effectual, and be followed with effect,
and inviolably observed by all judges, by whatsoever authority acting.
* Pitcairn's Criminal Trials.

20
fischin<ris, corne, cattel, orchardis, yardis, mouable and vnmouable, with in our
realme, or outwith, vnder our special protectioun, manteinance, supplie, defence,
and safgard, Quharfor we charge straithe and commandis all and sundrie our
liegis and subjectis forsaidis, that nane of you tak apoun hand to do the said
GUbert Wauchop and Jonet Ker, his spous, thar bairns, men, tenentis, famiharis,
seruandis, or to thar landis, rentis, possessiouns, takkis, steiddingis, malingis,
houses, biggingis, castelhs, touris, fortahces, maner places, store places, grangis,
woddis, lowis, fischingis, corne, cattel, dikis, yardis, or orchardis, fermoraris,
factoris, procuratouris, and intromettouris, and to all and sundry otheris thar
guidis, mouable and vnmouable forsaidis, any violence, ewd, molestaciounis, dis
turbance, injurie, harme, or greif, in ony wis, other wayis than the cours of comone
law will, vnder all the hiiast, pane, charge, and offence, that ye and dk ane may
committ and incur aganis our maiestie in that pairt, thir our lettres of special!
protectioun, manteinance, supphe, defence, and saufgard, for all the dais of the
said Gilbert and his spousis liftymes to indure. Gevin onder our priuie sele at
our burgh of Jedburgh, the xxviij day of Aprile, the yeir of God, jm v° and
thretty five yeris, and of our regnie the xxii yeir." This document has two exe
cutions on the back of it, bearing that it was proclaimed at the Market Cross of
Edinburgh ; and also at the Market Cross of Haddington.*
The acquisition of the lands of Quhitinche seems to have given Niddrie
some trouble. In 1539 (21st March) he had to issue a summons of eviction
"against Sir Patrick [Hepburn of] Wauchtoun and his tenants, occupiers of
the lands of Quhitinche ;" and Paul III. had again (3d May 1539) to put forth
another mandate, of which the foUowing is the tenor. It is directed to a
venerable father, the Dean of the Church of Restalrig, within the diocese of St
Andrews, mentioning that a beloved son, a noble man, Gdbert Wauchope, lord
in temporals of the place of NiddriffmarscheU, within the diocese of St Andrews,
had represented to the Pope that some sons of iniquity, whom he was altogether
ignorant of, had wickedly brought many and heavy losses upon the said GUbert
Wauchope, by conceahng the boundaries and limits or marches of the field or
piece of land or place caUed Quhitinche, feued to him by the Abbot and Con
vent of the Monastery of the Holy Cross, of the order of St Augustin, and by
taking care that the same cannot be seen by the said GUbert Wauchope, and by
retaining some part of the said field or place or piece of land, and rights, liberties
rents, and profits thereof, unlawfuUy seized by them, and to the doing thereof have
* Niddrie Charter Chest.

21
craftUy afforded assistance, advance, and favour ; as also have rashly and wickedly
presumed to hide and secretly detain rents, fruits, lands, houses, possessions, and
quantities of other things, moveable and unmoveable, clothes, rings, precious stones,
beds, and other household furniture, horses and other animals, books, writings, tes
taments, sums of money, and many other goods, moveable and unmoveable, law
fully pertaining and belonging to the said GUbert Wauchope, as weU by reason of
the said piece of land or place, and of his person, as of the heritable succession of
his parents and deceased relatives, to whom he stands heir in whole or in part, and
that the said GUbert Wauchope had implored rehef at the proper seat of justice.
Therefore the Pope intrusted to the discretion of the said venerable father, Dean
and Commissary, to admonish publicly in Churches, before the people, by them
selves or others, all holders of the premises, afforders of advice, assistance, and
favour, and secret detainers of the boundaries, limits, marches, rents, fruits, and
other goods, that they should, within a competent specified time, restore and
discover these things to the said GUbert Wauchope, or to the Abbot of the said
Monastery for the time being, and give fuU and due satisfaction for the losses oc
casioned by them in the premises ; and if that should not be done within another
competent specified time, that then they should pronounce a general sentence of
excommunication against these persons, and cause the same to be solemnly pub
lished when and where it should seem proper, tUl suitable satisfaction was made.*
GUbert, the successor of this laird of Niddrie, took an active part in pro
moting the Reformation. He was present at Knox's first sermon at St Andrews
in 1547. Knox himself, in his History, records the Laird of Niddrie's opinion
of this discourse : " Others said, Master George Wischarde spake never so plainly,
and yet he was burnt, even so wid he be. The tyranny of the Cardinal made not
his cause the better, neither yet the suffering of God's servants made his cause
the worse. And therefore we would counseU you to provide better defences than
fire and sword ; for it may be that else ye wiU be disappointed. Men have now
other eyes than they had then." "This answer,'' says Knox, "gave the Laird of
Nydrie, a man fervent and upright in religion." GUbert Wauchope of Niddrie
was a member of the famous Parliament, held at Edinburgh in August 1560, by
which the Reformation was established.!
During the next succession various off-shoots branched from the family.
Gilbert was the first of the Stottencleuch Wauchopes. He had a charter of that
property in 1578. Adam had a charter of Caikmuir in 1576. The former of
* Niddrie Charter Chest, t Acts of Parliament.

22
these properties is in Haddingtonshire, and the latter in Berwickshire. George
had a charter of Gleghorne in 1592.
George Wauchope, a celebrated Professor of CivU Law at Caen, in Nor
mandy, was probably a younger son of William Wauchope of Niddrie-MerscheU,*
the successor of GUbert, but whether by his first or second marriage does not
appear. Mackenzie says he was born in " the troublesome times of the Refor
mation." His first work, a "Treatise concerning the Ancient People of Rome,"
was pubhshed in 1595 ; and Mackenzie says it was written when he was about
twenty-five years of age. If published immediately after it was written, the
author would thus have been born not later than 1570.
Dempster and others say that his early years were fuU of promise ; and he
was sent over to France, when quite a youth, for his education. He studied at
Caen, where he made rapid progress in the BeUes Lettres, PhUosophy, and the
Law. At the age of twenty-five he wrote the work already mentioned, and after
wards illustrated it by another on the Roman Laws and Customs — written, says
Mackenzie, three years after — that was in 1598. This work greatly enhanced his
fame as a professor. It was inscribed to Sir George Douglas, brother-in-law of
his brother, Robert, who married for his second wife a daughter of Sir James
Douglas of Drumlanrig. Very httle is known of his history, except that he was
Professor of CivU Law at Caen for several years. Mackenzie was ignorant of the
time of his death, f
The feud with the Hepburns of Wauchton seems to have been staunched by
intermarriage, but that with the Edmonstons and others continued. These
unhappy conflicts, together with their adherence to the cause of Queen Mary,
brought ruin for a time on the famUy. Professor Aytoun, in his poem of " Both-
weU," says — " Hay, bid the trumpets sound the march ;
Go, Bolton, to the van ;
Young Niddrie follows with the rear ;
Set forward, every man !"
This is the language of Ormiston, in urging BothweU, at the head of a thousand
troopers, to intercept the Queen on her way from Stirling, and carry her to Dun
bar Castle. The " young Niddrie " alluded to must have been Robert, the son of
William Wauchope of Niddrie-Merschell, who died in 1587. WiUiam had a
* There is no positive proof of this — but he could not well have been the son of any of the previous
or later lairds of Niddrie.
f His works were, as already indicated— De Veteri Populo Tractatm Cadomi, 1595 ; and Observa-
tiones ex Historiia Romanorum et Omnium Gentium, Cadomi, 1598.

23
protection from Queen Mary, but his name does not appear in connection with
any of the feuds ; and he was probably too old to take an active part in the
struggle between the Queen and her subjects. Both Robert, his son, and Archi
bald, his grandson, however, occur in the "charge aganis personis denunceit
rebelhs," 12th June, 1587.* That they became attached to the cause of the
Queen is not wonderful, considering that their young and fair sovereign resided
so frequently at CraigmUlar Castle, in the immediate vicinity, and that they must
have been daily in the habit of mixing with those who formed her Court.
Archibald, younger of Niddrie, seems to have deported himself with a high
hand: "May 13, 15S8, Archibald Wauchop of Nudrie, younger, George Boig,
servand to the Laird of CraigmUlar, William Lauder, brother to the Laird of
Bannochie, Wilham Craig, servand to CraigmUlar, Richard Bigum, also his ser
vand, and Thomas Kame, smyth in Nudrie, [were] dilatit for the slauchter of
vmquhile James Giffert, of SherifhaU, vmquhUe Johne Giffert, his brother, and
vmqulhle Robert Caise, in Dalkeith, committed in July last bypast ; and also of
the slaughter of vmquhile Johne Edmistoun, brother of David Edmistoun of
Wowmet ; committed in March last wes."f
Calderwood, in his Church History, relates the following story, which is
highly Ulustrative of the rude state of the times : "Upon the 12th May [1589]
Archibald Wauchop, young Laird of Nidrie, lying in Robert Peacock's hous at
the Bridge-end, in waite for the Laird of Edmistoun, was besett by Edmistoun,
who was advertised, and gathered his friends. Some cryed for fire ; others better
advised, to advertise the King. The drumme was beatin betweene sevin and
eight at night in Edinburgh. The inhabitants, and other gentlemen and noble
men, were charged to come incontinent to the King's lodging. The King cometh
to the Burrow Mure, and directed an herald to charge Nidrie to come out of the
hous to him under paine of treasoun. He cometh furth with his companie, is
brought to Edinburgh, and wairded in the Tolbuith. The day following he was
brought furth to thole an assise, for the slaughter of the Laird of SherifhaU, and
his brother, Johne Giffard. The Lord Home, the Laird of Edmistoun, the Laird
of Broxmouth, and Thomas Giffard of SherifhaU, were pursuers. The mater was
continued till the nixt day. Then he and his complices were brought furth againe
out of the prisoun hous to thole an assise, but some of his freinds were upon the
assise. The dittay being read, and the assise enclosed, tyme was protracted, that
noblemen might have leasure to travell for pardoun. No pardoun being granted,
* Acts of Parliament, ¦f Criminal Trials.

24
at least professed,* the judge sitting in judgment, and about a thousand persouns
in the Tolbuith, waiting upon the event, the candles were put furth about eUevin
houres at night, and Nidrie and his comphces escaped out at the windowes of the
Toibuith. Sir James SandUands, Tutor of Calder, the chiefe man that assisted
him to break waird, was scone after familiar againe with the King, in his owne
chamber. But God in his justice, notwithstanding, pursued Nidrie, tUl he came
to an unhappie end. This enormitie was so vUe and odious that the ministers
could not keepe sUence."
Calderwood relates another slaughter committed by the young Laird of
Niddrie, during the King's absence in Denmark, in 1590, on occasion of his
marriage. Calderwood, of course, writes with a strong bias, but the deed seems
to have been of an unprovoked and audacious character: "Upon the 16th of
Januar the young Laird of Nidrie killed a gentleman depending upon the Abbot
of Holyrudhous, becaus he reproved him for striking of an officer of arms. Im-
mediatlie after the slaughter he went to Edinburgh, and had conference with
BothweU.f This was the only slaughter that I heare of in the King's absence ;
but committed by the man who had escaped the hands of justice in an uncouth
maner, while the King was present."
Archibald Wauchope had been participant in deeds of this kind at a pretty
early period of life. In 1590 (25th December) he had a remission for the slaugh
ter of Gilbert Home, by the kinsmen and friends of the deceased, on payment of
500 libs, committed by his servant, Joseph Reidpath, so far back as 1580, when
he must have been a very young man. The remission is as foUows :
" Be it kend tiU aU men be thir present lettres, we, Alexander Home, of the
Crocegait of Coldinghame, brother sone to umquhile Gilbert Home, and Robert
and WUham Homeis, brother germans to the said umqubile GUbert, and James
Home, his sone naturaU, Home, servand to the gudeman of Manderstoun,
and we, takand the burding upone us for the said James, be ressoun of his mino-
ratie, and for the remanent kin, friendes, alliance, assistaries and partakaris of
the umquhUe GUbert, with advyse and consent of the noble and potent Lord,
Alexander Lord Home, Sir James Home of Caldenknowis, knycht, Williame
* Calderwood is not an impartial historian.
f This was Francis Stewart, Earl of Bothwell, who was raised to the peerage by James VL, the
title and property having fallen to the Crown, after the affair of Carberry. Though a near relation of
James VI, he caused that monarch much trouble by his feuds and treasons. There seems to have been
a strong band of mutual support between Bothwell and the family of Niddrie. In a case before the
Court, between Craigmillar and the Laird of Niddrie, in 1591, Bothwell, to save the latter, carried off
a principal witness, in the face of the judges, the King also being present.

Home of Aytoun, and Patrick Home, feir thairof, that fforsamekle as we having
considderit the gret repentance and humihatioun off Archibald Wauchop, fear of
Nidrie, and of Joseph Reidpath, his servand, first to God and syne to ws, the kin
and freindis forsaidis, ffor the unhappy chance and slauchter of the said umquhile
GUbert Home, commitit be the said Joseph Reidpath, upone the day of
the yeir of God j m v° fourscoir yeiris, at the Pepper My In, besyde
Edinburgh, the said Gilbert being in service with my Lord Bishop of Orkney,
quhen the said GUbert, efter contemptioun of wordis, be accident wes slane, and
seing it happinnit of na set purpois, forthocht fellony, mahce, or uther creweltie,
bot be chance, hes movit ws the rather to accept thair said humUiatioun in gud
part. And in considderatioun that the said Archibald Wauchop for himself and
the said Joseph, and for the remanent thair kin, freindis and servandis, hes nocht
onlie satisfeit ws in honour at the sicht of aU our freindis, bot also hes numberit
and payit to ws, and to me, the said Alexander Home, for myselff and remanent
freindis forsaidis the sowme of fyve hundreth pundis money of this realme as for
assythment of the forsaid slauchter — and thairfoir to haif remitit, frelie forgiven
and dischargeit, and be the tennour heirof frelie remittis and forgevis and dis-
chargeis the saidis Archibald Wauchop and Joseph Reidpath, his servand, with
aU uther his servandis, their kin, freindis, alhance, assistaris, and partakaris of
the forsaid slauchter of the said umquhile GUbert Home, and of aU actionis, cryme,
or persute that we or ony of ws, our kin, friendis, alhance, assistaris or partakaris
had, hes, or may haif to persew or aUege aganis thame, or to lay to thair charge for
the same slauchter in tyme coming, renunceand the same be thir presentis, with all
rancour, haitrent or mahce consavit in our hartis aganis thame or any of thame,
for the said slauchter, or for any caus, deid, or occasioun proceiding thairupone
bipast and to cum, for now and evir. And grantis ws weUl assythit and satisfeit
in our hartis thairfoir, obleissand ws and ilk ane of ws for our selfis, and takand the
burding upone ws as said is, with consent of the said noblemen our freindis, be
thir presentis, nevir to persew nor invaid the saidis Archibald Wauchop, Joseph
Reidpath, his servand, nor na uther his servandis, thair kin, freindis, alliances,
assistaris, or partakaris, for the said deid, directlie nor indirecthe, in the law
nor by the law, in na tyme heirafter, bot to leve in godhe peace in brotherhe
societie with thame, in the feir of God, procuring thair weUl as our awin,
under the pane of deffamie, perjurie, violatioun of our faith quherunto we
haif swome be thir presentis. In witnes of the quhilk thing to this our
letter of remit, subscrivit with our handis in maner foUowing, at Colding-
hame the twentyfyve day of December the yeir of God ane thousand fyve
D

26
hundreth fourscoir ten yeiris, our proper seUl contenand all our armes for haill
name appendit."
Besides the signature of " Alexr. Home" and various others appended to this
document, there is the foUowing : " William Home, alias Black WiUiam in
Eymouth, with my hand on the pen."*
Archibald Wauchope was concerned in the attack on the palace of Holy-
rood-house, 27th December 1591. The leaders of this bold enterprise were
Francis Stewart, Earl of Bothwell, James Douglas of Spot, Archibald Douglas,
son of the Earl of Morton, and John Colvil of Strawed. They had about fifty
foUowers. The assault was made under the cloud of night. They got into the
outer court by a private passage, and forcibly deprived the janitor of the keys of
the inner. The Duke of Lennox was supposed to be privy to the undertaking,
though the prime ringleader was the Earl of BothweU, prompted by resentment
to Maitland the ChanceUor, who fortunately made his escape. Missing the object
they were in pursuit of, the party retired without doing much mischief. Next
day, eight of them were apprehended, but young Niddrie made his escape. He
was forfeited along with the Earl of Bothwell and others for this offence, and
appears to have left the country for a time.f
Respecting the elder Niddrie, Birrel gives the following rather singular
account : —
"July 1592. At the same tyme the Lairds of Niddrie and Samuelstone
ver takrn by Johne Lord Hamiltone, and vardit in the CasteU of Draffin, and
came to Edinburghe, thinking to have gottin grace to them from his Majestie.
He came doune to his Majesteis ludging at the Nether-bow, and going into Mr
Johne Laing's hous, quher his Majestie ludgeth, the guard standeing above the
port with ther hagbutts, guns, and uther veapons ; the forsaid guard, seing my
Lord HamUtone, for honour of his Lordshipe, schott ane voUey at my lord : Ther
wes ane man, speaking to hes lordschipe, shott through the head ; ane uther, by
him, shott through the legg ; and ane bullet strooke the linteU of the gaitt, just
above my lord's head quher he stood ; yet no more harme done : so that, by
meir accident, the said Lord Hamiltone had most have beine slaine, and not
through any evUl vUl. The Lord Hamiltone, seeing that he could gett no grace
to the said two gentlemen, he sent vord to hes bastard sone Schir Johne, quho
convoyed the said two gentlemen away, and vent with them him selve, for their
more safety." * Niddrie Charter Chest, f -Acts of Parliament.

27
Calderwood relates this circumstance somewhat differently, and says it was
the intention of the guard to have HUed HamUton. The person shot was James
Sinclare of Eurston. The Lairds of Niddrie and Samuelstone were set at liberty
soon afterwards.
Robert Wauchope, elder of Niddrie, had a respite from James VI, for nine
years, for art and part in the slaughter of umquhile John Edmistoun, brother
german to David Edmistoun of Woolmet, and mutUation of George Davidson, in
Charterhouse, and for aU other crimes and offences, as weU slaughter and mutila
tion as others whatsoever, treason excepted, dated 3d Dec. 1593.*
Birrell teUs us : "Nov. 7, 1596 — Hes Majestie did receave againe the Laird
of Nidrie in his favour, and restorit him to his former dignity and estait." Of
this, however, we have no evidence ; and the estate passed into other hands. He
must have died before 1601, for, on the 16th January of that year, William
appears as " tutor of Niddrie in a horning against Wilham Fenton, maltman,
Canongate."f Archibald, younger of Niddrie, was ahve in 1594, in which year his name
occurs in the " Ratificatioun of the forfaltour of Francis sumtyme ErU of BothuiU."
He, however, came to an unhappy end. "The estate," say the MS. notes of the
family, " was again forfaulted in Archibald's time, father to Francis, my great
grandfather, because he foUowed Queen Mary: and possibly, having some power
at that time, satisfied his own bold humour in disobliging his neighbours. He
mutUated the Laird of Woolmet, and never rid without a great foUowing of horse
men, whom he maintained, and gave to every man a piece of land as a gratuity,
which continued during their service. The house at that time was of long standing,
capable to lodge 100 strangers, and lay mostly eastwards from the place it now
stands in. It was then burnt by his neighbours, after he broke his neck in
Skinner's Closs [Edinburgh], being alarmed' by his man, and thinking to save
himself out at a storm-window, whUe his enemies were already in great number
at his door, with design to murder or take him prisoner."
The death of Archibald must have occurred before 1596, in January of which
year " George Wauchope, brother to umquhile Archibald Wauchope, appearand
of Nudrie-Marschell, was dilatit of airt and pairt of the slauchter of umquhile
David Edmistoun of Womet." William Wauchope was also charged with the
same offence in 1603. It appears that David Edmistoun had been shot by one
Thomas Christison.t.
It was no doubt about this time that the old house of Niddrie — so commodious
* Niddrie Charter Chest, f Canongate Records. J Criminal Trials.

28
that it could garrison a hundred foUowers — was destroyed by the enemies of the
family. Robert the elder was then weU advanced in years, and under forfeiture,
though Birrel says he was restored. Archibald, the younger, who had led so
strong-handed a life, was dead, so that the junior members of the famUy were not
in a position to continue the feudal quarrel.
"After Sir Archibald's forfaulture," continue the MS. notes, "Sir Francis,
his son, to get back the estate, married Secretary SandUands' daughter, and en
gaged for him and his friends cautioner to the value of 200,000 merks, which dis
tressed him so as he was forced to quite the country. He went to HoUand,
where he hved very privately as a soldier. The lady stayed in the Wester House,*
living meanly, and much upon the good offices of kind tennants, and a certain
merchant in Edinburgh caUed Red, who managed the fortune, and compounded
with creditors, furnishing of his own to the most pressing. Things going some
thing better, and much by the help of that merchant who compounded with
creditors for Sir Francis's behoof, and advanced money, Sir Francis came over
from Holland, but dyed by the way coming down to Scotland, at Holy Island.
He dyed Catholick, having been converted while he was abroad."
It appears the lands belonging to the Niddrie family had faUen chiefly into
the hands of the Edmonstouns, as a solatium probably for the injuries sustained
by them and their friends during the feuds with the Wauchopes. From the
Edmonstons they were acquired by Secretary SandUands, but whether by purchase
or otherwise is not very clear. He had the escheat of Archibald Wauchope, and
gave an assignation of the teinds of Niddrie-MerscheU to John Wauchope, bailie
of Niddrie, in 1599.f Francis Wauchope, son to the forfeited and outlawed Archi
bald, was restored in 1603 by the foUowing letter of James VI, addressed "To
our right trustie and wel-beloved CounseUor, Sir David Murray of Gosperd,
Knight, our ComptroUer :" —
"James R.
" Trusty counsallour, we great you hertlie weU. Whereas we have of our
clemencie, and for goode consideratiouns moving us, restorit and rehabUitat
Frances Wauchope, eldest lauchfuU son to umquhiU Archibald Wauchope, sum-
tyme of Niddrie-MerscheU, to his haUl landis, rowmes, possessiouns, coilles, coU-
* The Wester House stood in the immediate vicinity of Niddrie, and " was built by the Lairds of
Edmistoun, on a run-rig which belonged to them. Niddrie, on the other hand, had the run-rig of Ed
miston."— Family Ma. Notes. It was in existence in 1711. In the " Inventory of the householdTplenish-
ing within the Mansione House of Niddry MarishaU," drawn up in that year, with a view to sale, the
plenishing in " the Wester House " is also included. None of the building now remains, save a vault
used as a store. t Niddrie Charter CheBt.

heuchis, and uthers, pertaining to his said umquhUl .fader, and being verray will
ing that, be vertew of our letter of rehabUitatioun, the said Frances be presenthe
repossest to the same, his landis, coUles, coUheuchis and uthers pertaining to him,
we have thoght goode hereby to wUl and desir you to be present yourself, and sie
him repossest to his saids lands, rowmes, and coUhewis, conforme to our letters and
charges of horning direct for the samyn effect, as you wiU do us guid pleasour and
service. Thus we commit you to God. From Winchester, the xxixth day of
September, 1603."
The estate of Niddrie-MerscheU was formerly conveyed over by Sir James
SandUands of Slamannon, to Francis Wauchope (usually styled Sir Francis) in
1608,* and the restitution of the House of Niddrie was confirmed by Act of
Parhament in 1009.
Sir John Wauchope, son of Sir Francis, may be regarded as the chief restorer
of the House of Niddrie. The famUy MS. notes say : — " Sir John, by his frugal
way of living, pay'd the 200,000 merks of cautionry, either by selling of land, (viz.
PUmour, Revelrig,t and Bemey, in West Lothian, and the Cold-coats, now belong
ing to Edmiston,) or by the effects of the rest of the estate. He hv'd with my
Lord Lauderdale, and was his bed-feUow. It was he that buUt this present house,
and cover'd the tower head with copper, which the Enghsh tirred and carried of
with them."
Sir John had a charter from Charles I. of the lands and barony of Niddrie-
MerscheU, 21st January 1632 ;j and he was knighted by that sovereign when he
visited Scotland with great pomp in 1633.§ In the subsequent misunderstand
ings between the King and his subjects, Sir John engaged on the side of the
Covenant. He was a Member of Parhament in 1641 — one of "the commissioun
for the plantatioun of kirks" — one of " the commissioun for regulating and settling
of the debtis, compts, and commoun burdingis of the kingdome" — one of "the
committee of estates" — and one of " the commissioune for trying the incendiaries
and plotters." In the same year (1641) Sir John had a ratification, by Parhament, of his
Majesty's charter of 1632.|| * Niddrie Charter Chest.
f Arthur Temple, chirurgeon, had a ratification of the toure and lands of Ravelrig and Pilmour,
within the barony of Niddrie-Marshall, in 1672.
J Niddrie Charter Chest. § Balfour's Annals.
1 1 As this document embraces the entire lands to which Sir John succeeded, it may not be unin
teresting to quote it as it stands : —
" In the Parliament haldin att Edinburgh, the seventeine day of November, the yeir of God jm vjo
and fourtie ane yeiris, oure soveraine Lord and estaittia of this present Parliament hes ratified and
approvin, and be thir presentis ratifies and approvis the chairtour grantit be his Majestie, with consent

30
He was one of the Commissioners for Edinburghshire in 1643, and one of
the Committee of Estates in 1644, 1645,* and 1646. He was an elder of the
church, and, by the General Assembly that met at Edinburgh, July 12, 1648,
appointed a member of their Commission, to whom very important matters were
recommended and entrusteif I* was at tnis P^od that the church set up its
authority, in opposition to Parhament, in reference to the famous "Engagement,"
as the attempt to restore the fortunes of the house of Stuart was caUed. In 1649
of his hienes' thesaurer, thesanrer-deput, and remanent lordis of his Majestei's Exchequer, under his
hienes' great seall, of the daitt the tuentie ane day of Januar, the yeir of God jm vjc threttie tua yeiris,
to Sir Johne Wauchope of Nidrie-Merschell, knight/thairm designit Johne Wauchope, his airis maul and
assignayes quhatsumevir, off all and haill the landis and baronie of Nidrie-Merschell, alsweill the twa
pairt as thrie pairt thairof, with maner place, houses, biggingis, yairdis, orchardis, mylnes, multouris,
coallis, coalhewis, annexis, connexis, pairtis, pendicles, and all thair pertinentis, with the advocatioun,
donatioun, and richt of patronage of the kirk or chappell of Nidrie-Merschell, and als of all and haill the
landis of Pilmure, with the pertinentis all lyand within the Shreffdome of Edinburgh, and als contem-
ing ane ratificatioun of tua infeftmentis, ane thairof maide be umquhill Sir James Sandilandis of
Slamano, knight, to Mr James Sandilandis, commissar of Aberdeine, his airis and assais of the saidis
landis and baronie of Nidrie-Merschell, with thair foirsaidis and richt of patronage above specifit, and
the uther thairof maid be the said Mr James Sandilandis, with consent of Kathereine Patersone his
spous, and Mr Thomas Sandilandis, his eldest sone, to the said Sir Johne Wauchope his airis maill and
assignayes, of the landis, baronie and utheris above specifit. And siclyk, conteining ane new gift grantit
be his Majestie, with consent foirsaid, to the said Sir Johne Wauchope and his foirsaidis, of the samyne
landis, baronie and utheris respective above specifit. And lykwayes ratifies and approves ane uther chair-
tour, maid be his Majestie, with consent foirsaid, under his hienes' great seall, of the dait the thrid day of
July, the yeir of God jm vjc threttie sevin yeiris, to the said Sir Johne Wauchope, his airis maill and
assignayes quhatsumevir, of all and haill the toure and landis of Ravelrig, with houses, biggings, yairdis
orchardis, toftis, croftis, outsettis, insettis, with commontie, commoun pasturage, muires, mossis, meidowis,
and all thair pairtis, pendicles, and pertinentis of the said toure and landis of Ravelrig, with the privi-
ledge within the haill commontie of Balerno, with the pertinentis, als weill for pasturage as for willing
and transporting of peattis, fewaill, feall, and divottis and turffes, conforme to old use and wont
ailanerlie, by and within the baronie of Balerno and Shreffdome of Edinburgh, as baith the saidis chair-
tours, of the daittis respective foirsaidis in them selfes mair fullie proportis, togidder with the preceptis
and instruments of saiseing following upon the saidis chairtouris, togidder with all and sundrie utheris
infeftmentis, chairtouris, saiseingis, confirmatiounes, and utheris evidentis, richtis, and securiteis maid to
the said Sir Johne Wauchope his predicessouris authoris, off and concerneing the landis, baronie, richt
of patronage, and utheris respective above specifit, of quhatsumevir daittis, tennouris or contentis the
samyne be of. In all and sundrie headis, clauses, articles, and conditiounes conteaint thairintiU, efter the
formes and tennouris thairof, in all poyntis, and his Majestie and estaittis of this present Parliament willis
and gran tis that this present ratificatioun salbe als guide, valide and sufficient as if the saidis chairtouris,
infeftmentis, and utheris, speciallie and generallie abovementionat war heirin speciallie ingrossit and insert.
Quhairanent our said Soverane Lord and estaittis foirsaidis hes dispensit and dispenses be thir presentis."
* In this year he was one of those whom the Marquis of Argyle invited to accompany him in his
expedition against Montrose ; and, when surprised at Inverlochy, his Grace took shelter in a boat, from
whence he could with safety witness the sanguinary fight between bis clansmen and the Macdonalds,
Sir John, as well as Sir James Rollo of Duncruib, and Archibald Sydeserf, bailie of Edinburgh, had the
honour of a place beside him. They had of course no position in Argyle's army, and merely accompanied
him, at his own request, to " bear witness to the wonders he purposed to perform in that expedition." —
Guthrie'3 Memoirs. t Acts of General Assembly.

31
he was one of the commissioners for putting the kingdom in a state of defence ;
also one of the commission for the plantation of kirks.*
Induced from conviction to take part against the crown, Sir John never
theless had a warm side towards the royal famUy, and deeply deplored the con
tentions by which the country was agitated. The following letter from his old
friend and bed-fellow, the B«fee of LauderdaUl, sufficiently evinces this feeling,
though they were acting on opposite sides of the quarrel :
Campvere, the V of June, 1649.
"Welbeloved Cousin,
" I have not written any to any freind in Scotland since I receaved yours of
the 14 of Aprile, or els I should sooner have returned yow thanks for the great
kindnes yow express to me in it. I shaU strive, God willing, to follow yo^ advice,
and to contribute still my best indevors for a happy conjunction betwixt the
King and his people in Scotland, which I thinke the onely way for preserva
tion of rehgion, his Maju.e, and the peace and happines of that poore countrey.
These have ever been the principles which constantly I have adhered to, to the
best of my understanding, how ever I have been misunderstood ; and I have
contributed at this time my best endeavors for these ends, although, (as you write)
it gets me many enemies and few friends, yet I wiU, God-willing, continue, be
cause I thinke it my dewty; and I am sure my greatest enemies cannot say that
ever I considered myself in this publick caus. Yo": Commissioners wUl informe
you of the progress of busines, and althogh a happy union betwixt his Maju.e and
Scotland may appear very difficult, yet, if yow wold be so happy as to joyne
amongst yo' selves, and part with yo' rigidity in relation to the most honest thogh
unhappy ingagement, that so all Scotland might appeare to be one, which is the
onely way to regaine yo^ reputation, to make yow considerable, and to preferr your
peace, I should not doubt but by God's blessing the King and Scotland should
quickly agree ; for the keeping up of yo? acts of classis, and those divisions which
make yow to be lookt upon but as a faction, and encourages your enemies to
undertake against yow ; whereas, if by a good act of oblivion, in relation to jor.
obedience of the Parl^ 1648, yow wer all united in Scotland, then yow wold be
lookt upon as the Kingdome indeed ; and then I should not doubt to see the King
and Scotland ingaged for the good of rehgion, and his Maj 'I0'3 restitution against
those destroyers of aU rehgion and government, who have murdered our King and
our friends, and wUl never be quiet tUl they make Scotland a province, let them
* Acts of Parliament.

32
pretend what they wUl. I beseech you, contribute your best towards so good a
worke, and this is aU that I shaU say of pubhck busines, for yo? Commissioners
wUl informe yow of aU that hath passed heir. As for my owne particulars, I must
intreat joT. care and joT. help in my busines ; speake with my Lord Balcarres and
my brother, and if my stay be long abroad, as I feare it shaU, if yow continue
joT. rigidnes, for I wUl not venture a running away againe, nor ever see Scotland
so long as I may be censured either by Kirk or State for anything I did in
obedience to the Pari' in that ingagement, which I thinke as good ane action as
ever I was ingaged in. If, I say, I continue out of the countrey, I must put yow
to more trouble in looking to my poore estate, and the good of my family, from
which you may ever promise your self aU the kindnes a friend and kinsman can
expect, and that shaU ever continue most constantly.
Yo? very affectionat cousin and servant,
LAUDERDAILL."
" For my much respected Cousin,
Sir Johne Wauchop of Nidrie, Knight."*
This interesting letter refers to a weU-known period of our history — that which
followed the gaUant but unsuccessful attempt of the Scots to redeem the fortunes
of the royal cause under the Duke of Hamilton — which attempt was known in
Scotland as " the Engagement " — and which the Church, in opposition to Parha
ment, not only opposed, but took violent measures against all who were engaged
in it. The D«k-o saw very clearly what the " rigidity " and divisions of the Scots
were bringing the country to : he believed that many of the leaders were playing
into the hands of those who " will never be quiet tUl they make Scotland a pro
vince, let them say what they wUl." He was a sufferer by the persecution to
which the Church had recourse ; and his dislike of the principles and practices of
the more fanatical of his countrymen at this juncture, may account for much of
his conduct, so inimical to the Covenanters, after the Restoration.
•That Sir John Wauchope deeply lamented the unhappy divisions of his
country — though an active supporter of the Presbyterian mode of worship 
may be inferred from his correspondence with Lauderdale : and that he laboured
earnestly for the restoration of the royal family is evident from the public acts of
the time. In 1662, an act was passed in favour of "Johne, Earl of Middleton,
and Sir John Smyth," the preamble of which says — "forasmuch as in the year
* Niddrie Charter Chest.

33
1650, when invitations were made to the King's Majestie, for his comeing home
to the government of his Kingdome, Sir John Wauchope and Sir Johne Smith,
to testifie their cheerfulness in that affair, did, when other means faded, and wer
obstructed, freelie advance out of their own fortunes several sums of money for
defraying the expense in that employment," &c* Sir John does not seem to have
fiUed any office of trust during the CromweUian usurpation ;f and he was so httle
protected by "the keepers of the liberties of England," that the copper with which
he had covered the tower-head of his new house of Niddrie was " tirred and
carried off" by the soldiers of the Puritan ruler. The Commissioners referred to
by Lauderdale were those parties sent to learn the mind of Charles, then at
Campvere, with a view to a mutual understanding in matters affecting the kirk.
It was not, however, tUl the death of CromweU that the efforts of the loyalists
were effective in restoring the house of Stuart. In bringing about this much-
wished-for event, Sir John had not ceased to use his influence.
Meanwhile he exercised great judgment in the management of his estate,
and, in course of time, was enabled more than to repair the damage sustained by
the forfeiture and his father's obligations. He had a wadset of 25,000 merks over
the lands of Town Yettoum, or Lochtour, in Roxburghshire, as early as 1 643, and
they were finally acquired in 1661. In the ratification of his various charters
obtained by Sir John in 1672, in favour of himself, his son Andrew, and heirs
male, the property is described as consisting at this period of the lands and barony
of Niddrie-MerscheU, "alswiel two paiit as thrid pairt," and "all and haUl the
saids lands, toune, and maynes of the baronie of Tounyettoum, with the mUne,
milne lands, multures and sequills therof, with houses, biggings, yairds, annexis'
connexis, pairts, pendicles, and pertinents of the samyn, with the said advocatioun'
donatioun, and right of patronage of the said kirk of Tounyettoum, and the saids
thrie husband lands, all united in ane baronie called the baronie of Lochtoure
and the maner place therof to be the principah messuage of the said barronie, &c.
And sic lyk all and haill the saids lands of Tounyettoum and Shirrietries, with
that pendicle therof called Bennetsbank, the lands of Hayhope, with the pertinents
therof, and halfe of the husband land called the Closs and Butter Brae,J which is
ane pendicle of the said lands of Hayhope, with pasturage and priviledges used
and wont, within the bounds of the said lands of Tounyettoum ; and of aU and
* Acts of Parliament.
¦(• Amongst the family papers there is a MS. copy of the " Instructiounes to the Counsall be his
Highnes for the government in Scotland," 1655, but it does not appear that he was in any way connected
with it. + Elsewhere it is called Burton's Brae. E

34
haUl that haugh of land, caUed Litleruchawgh, with the pertinents therof, extend
ing to ane sex pound land of old extent, lyand within the baronie of Groobit, be
annexatioun, and Shirrefdome of Roxburgh, which wer formerhe unite in ane
tennandrie, caUed the tennandrie of Tounyettoum ; and als aU and haUl the lands
of Eister and Wester Rysides, with there pertinents, and als these two husband
lands in Tounyettoum, extending to ane four pound ten shilling land of old extent,
and als these four husband lands in Tounyettoum and lands of Baltries and per
tinents of the samine,"* &c. Lochtour was the ancient name of the barony. The
lands were first granted by the crown to the Duke of Lennox, and by the Duke
to the Buccleuch family, from whom they were acquired by the Earl of Bothwell,
and by BothweU disponed, before his forfeiture, to the Kers of Lochtour, about
1563.f There is, indeed, a charter by "James Earl of Bothwell, to Gilbert Ker of
Prymeside-loch, and his lady Ehzabeth Edmonstoun, in life-rent, and Walter Ker,
their third son, in fee, of the toun lands and mayns of the baronie of Tounyettam
and Milne thereof," 29th Nov. 15634 Prymeside-loch and Lochtour are different
names for the same place. The tower or fortahce stood on the margin of the
loch ; hence its name.
Sir John and his lady were present in London at the Coronation of Charles
II, and probably had an audience of his Majesty. In 1663, Sir John was again
a member of the Scottish Parliament, and one of the Committee for the Plantation
of Kirks. He was also a Justice of the Peace. In 1669 he was one of the Com
missioners appointed for setthng the restored estates of Argyle. Amongst the last
of his public appearances was as one of the Convention of Estates in 167S.§
The Wauchopes of Edmonston branched off about this time ; John, the
second son of Sir John, having married the heiress of that estate.
Andrevj, who succeeded Sir John in 1682, and was a Roman Cathohc,|| con
ducted the affairs of the estate with great prudence and success. He had two or
three vexatious law-suits, arising out of unfounded claims upon the property, in all
of which he was successful. In public and private this Land of Niddrie seems to
* Niddrie Charter Chest.
t Paper entitled " Information for the Laird of Lochtour, anent his lands of Yettam, quhilk some
tyme perteined to the Earle of Bothwell," dated 1617, in Niddrie Charter Chest.
J This is the Earl of Bothwell who espoused Qticen Mary. The charter has his signature and seal
attached.— Niddrie Charter Chest. § Acts of Parliament.
] | It is probable that the Roman Catholic worship had been revived at Niddrie Chapel under this
laird's auspices. There could hardly be any other reason for its destruction by an Edinburgh mob, who
had previously sacked the Chapel of Holyrood, in 16S8.

35
have been equally respected. In 1686, he and three other gentlemen, in confor
mity with a practice then common in Scotland, farmed the customs and foreign
excise. The parties were, besides himself, George Hamilton of Binnie, Sir Robert
Mylne of Barnton, and Sir James Calder of Moorton, and each held an equal
share* Of this partnership, the sederunt book is before us. Niddrie was ap
pointed chairman and manager, with £500 sterling yearly of salary — the other
officials being paid in proportion. The copartnery continued till the end of 1688,
at which period there was owing to the taxmen, by various ports and parties, the
sum of £20,224, 4s. lOd. One of the entries is as follows : — " By William Paterson,
in Leith, his bond, daitt the 25 June 16SS, for 4000, payed 3921 lib 17s. 4d. Scotts.
Rests the annual rents of the soume preceeding the payment by and of the prin-
cipall rents yet unpayed, £77, 2s. 8d." This was no doubt the celebrated founder
of the Bank of England, and the originator of the Darien Company.
Of the Laird's accuracy and business habits, another proof remains in the
same volume. It is an account of the outlay and income of the coal- work, begin-
ing the 1st of June 1696 to the 18th May 1700. It would appear that this was
a new work, for one of the heads into which the account is divided is thus stated :
"Accompt of money advanced be the Laird of Niddrie in erecting his collarie,
begining 13 Apryle 1696." Wilham Wauchope of Niddrie-Merschell, and Lady
Margaret Sandilandis, his spouse, had a charter from James Richardson of Sme-
toun of the lands of Cauldcottis, and the coal of Womett, 22d Sept, 1519 ; and
the coal and coal-heughs of Niddrie are mentioned in various charters subse
quently; but Cauldcottis was disposed of to Edmistoun by Sir John Wauchope, f
so that the work in question was no doubt a new erection. The " accompt of
uncost," before any yield was realised, amounted to £677 sterling. Some of the
entries are curious. The two opening items are — " For marking on the sink, a
gaUon of aUl, 16s." " For setting of the stooUs, halfe a gallon of aid, 8s." " Sinking
9 fathome of the holl, at 6lib the fathom, £54." "A wife for carieing the picks too
and fra the smiddie 15 dayes, £3."| "To Roben Henderson for 10 darg at the
coall mynd, at 10s ye day, £.5." "For timbering 3 fathom ofthe stair sink, £2."
" For 5 fathom of stair putting in, at a merk the fathom, £3, 6s. 8d." ".To Rob'
Henderson, on day and a halfe neidling ye stair and mending ye sink, 15s." " For
* Fountainhall takes notice of this setting of the King's Customs and Excise. There were other
three " cabels," as he designates them, in opposition to Niddrie's party. The rent offered was £30,600
sterling. James Oswald's party came within £100 of that sum.
f The Laird of Niddrie (Sir John) is mentioned among other coal proprietors, in the Act passed in
1644, " prohibiting coal-masters to transport or sell their coals to strangers in preference to the natives."
X This seems a high price, if in sterling money ; in Scots money the sum would have been trifling.

36
7 fathom of sinking and mining mynd at 4,ib ye fathom, £28." " For marking on
of the stair sink a gaUon of aUl, 16s/' " For setting on the stooUs theron 4 pynts,
8s." " To pay Tove for 6 ston 3 pound ye windoes (windlas) tow, 3Ub, 6s. 8d. per
stone, £21." " For casting the stank, and bigging the damdyk, £8, 8s." &c.
The price of the load of coals was 2s. 2d. From " ane extract drawn out of
this compt book of the whoU net money and coaUs for the Laird's use, produced
be his coaherie from the first of June 1696 to the 18th of May, 1700, being 4
years conform to the particular instructions of this book," the total amounted to
£11,384, 14s. 4d. Of this sum £733, 9s. 8d. were for coals for the Laird's use, or
sent to Edinburgh, leaving £10,651, 4s. 8d. net money.
In 1686 (16th Dec.) the Laird of Niddrie had been admitted a Privy CouncUlor,
a circumstance which Lord Fountainhall takes note of as indicating the policy of
James VII. Though Sir John, his predecessor, consistently adhered to the Pres
byterian form of government, yet the family seem always to have had a warm side
to the house of Stuart ; and more than one of them took part with King James at
the Revolution. James Wauchope, half-brother of Andrew, joined Dundee, and
no doubt fought under his banner at KiUicrankie, in 1689.* His name is in
cluded in the summons against those charged to appear before the Committee of
Estates, "to answer for the treasonable rysing in armes and joyning with the
Viscount of Dundie, a declaired rebell," &c. May 15, 16S9.f
Majors General John and Francis Wauchope, sons oi Francis, only brother
of Sir John Wauchope, also adhered to the fortunes of King James. " Colonel
Wauchope's regiment" is repeatedly mentioned in the public transactions of 1689 ;%
and his name occurs among those "rebells in France" remitted to the Justice
Court to prosecute. Whether this was John or Francis does not appear, but pro
bably the former, as he was usuaUy styled " Colonel John."
Colonel Wauchop distinguished himself in Ireland, in opposition to Kin.
William, in 1690. In "Narratives Ulustrative ofthe Contests in Ireland in 1641
and 1090," edited by Mr Croker, and printed by the Camden Society in 1841,
one or two interesting notices of him occur. The author of the narrative, which
is couched under fictitious names, Col. Charles O'KeUy, says, speaking of the
design of submitting to King WiUiam after the battle of Aughrim : " ScyUa
(Colonel Shelden), and Gildas (Lord Galway), were true Coridanists (Tyrconel-
lists), so that DorUlas (Colonel Vaughop), a PamphUian (Scotchman) by birth,
* The very minister of the parish of Libberton was Jacobitically inclined. He was deprived for not
reading the Proclamation, and praying for King William. Acts of Parliament.
t Acts of Parliament. t Ibid.

o

37
but zealous enough for the worship of Delphos (Rome), and seemingly then no
less zealous for the Cyprian (Irish) interest, was the only general officer Lysander
(Sarsfield) had to rely upon. 'Tis believed these two wrote more comfortably into
Syria (France) than was suggested by the viceroy, and that they engaged to hold
out to the last extremity in hopes of a powerful relief from thence of men, money,
and other necessarys, to prosecute the war, which, if timely sent, had certainly
preserved Cyprus (Ireland), and hindered such a powerfuU reinforcement to join
the confederate army against Syria (France)."
After the treaty of Limerick, in virtue of which the Jacobite forces were
allowed to withdraw from the kingdom, some rather heart-rending scenes were
witnessed between the Irish soldiers and their wives when about to embark. The
DubUn Intelligence of 1091 gives perhaps an exaggerated account ofthe cruelty
exercised at the shipping of the " poor Irish " at Derry. Under the circumstances,
the women could not be allowed to follow the troops, who were, in reality, going
as exiles from their native land, and Colonel Wauchope, himself an exile, had it
not in his power to mitigate the harsh necessity by which the tender ties of family
were broken asunder.
Both Col. John and Francis rose to high command in the French and Spanish
services, which they supported with much honour and reputation. Their respec
tive fates, however, were very different. " John, the eldest, though he was in as
many engagements, and in as much danger as any officer of his rank, yet he never
received a wound, or lost a drop of blood, until he was killed in the war of
Catalonia, where he commanded the foot. But the other had the misfortune to
be wounded in almost every battle, and sometimes in a dangerous manner ; but,
after all, died in his bed, Governor of Kayleart, in Sardinia, in the Spanish ser
vice."* Col. Johnf died in 1694 ; but Francis survived for many years afterwards.
There is a letter from him to his cousin James, at Niddrie House, dated Mar
seilles, Sth May 1712." Both in language and orthography it bears evident marks
of his long sojourn among foreigners : —
" Your's of the 1 5th Xbr last, Dr. Cousin, came to my hands in this place, only
some days ago, so Mr Whitford must have keept it long in his hands.
I give you many thankes for the chair you take in my promotion, and do not
question it in the least, tho' must confess to have laboured sufficiently for this
step, yet it's more than I deserve, and take your praises as I awght from one who
is obliging on all occasions, but as for making the nixt step so sudenly, tho' the
* Rev. T. Whyte's Account of the Parish of Libberton. f Colonel was his rank in the British army.

38
most deficult be past, withowt occasions extraordinary, I cannot hope it but in
my rank. We are fare here from all niewes, wh. we rather expect from your parts,* so
you cannot from hence. We wait dayly for a confirmation of peace with you, wh.
is much wisht for, since warr cannot content our necessitys, it's certain that both
officers and soldiers wish it earnestly, which never was heard off before ; but bad
payment being no less singular to France, brings this along with it — none receives
but what supUys the necessity of liff, and requires econemy, which fiew ever
practis'd to the degree they are oblig'd too at present, only receiving biUes for
payment, and a 4th or Sth part in muny. The soldrs of kit are pay'd intirly an
obsolut necessity appearing for it, and the Dixme giving the King this means it's
hoped that it wiU even restabhsh aU affairs in their former cours. It were to be
wisht for many reasons. Those depriv'd me intirly of the means of answering
your expectations and my earnest desir, in paying to my dr. cusin the muny he so
kindly supply'd me with when prisoner, by any other means than the only left me,
wh. was all the appointments due to me during my imprisonment, in bUles, wh. I
pleast in ye Town hows of Paris, as Mr Whitford desir'd me, the rent of wh. was
to have been pay'd, and is the same as to aU those who have reddy muny in the
same place, and it has actwaly been receiv'd by aU those in the cass, so I Strang
[wonder] Mr Whitford has not given you an account of it. The sume I pleast
amounted to about 60lib more than what I owed my cowsin, however I being
perswaded if I had remitted him the sume oweing, he would have turned it to
a much greater advantag than the uswal interest of muny. I neither remembr
exactly what the sume was that I pleast nor owed, my papers being with the
regiment. Whenever I am in a condition to pay, as I receiv'd, in the same kind,
you may be surr I shal do it with a perfect pleasure. I was allredy inform'd of
aU you mention regarding your nepheu, and of your taking the hows and estat of
Niddery into your hands, wh. I was ext reemly glade off, and aproved much ofthe
motives that oblig'd you to it.
I wish aU health and happyness to my young cusin. His destine is great, if
it may be thought soo, by the raport it has to the present K. of Spain. His pre
decessor's testament was not approved off, winch has occasioned so much bleud
shed as we have all ben witness too. However justice, by aU appearance, wiU
take place at last. I find further observations may be made nearer home ; by
excluding all Cathohc right, the nearer to it, and running to it the nixt in the
* Alluding evidently to the rumoured intentions of the Chevalier, which resulted in the rising of 1715.

39
Protestant line ; however, I am glade, since it is so, that he is fallen into such
good handes as my cusin Edmiston's ; but as this last raport may be rectefy'd in
time, in it's injury, the occasion of my remarkes may also change his doom.
I writt to you the just and extreem griff I receiv'd at the newes of his father's
death, whos memory shaU forever be dear to me.
I received a letter from BUly Gilbert inclos'd to me with yours.
Our Chevalier remain'd with us in his journy at the camp of Barreau a con
siderable time ; where I had offten occasion to make my court to him ; he was
ador'd by aU our generals ; when in this town great intertainment was made him
and 8 of the principal ladys invited particularly: by Mr le C. de Grigueau's
absence, and his daughter, consequently Miss Wauchope* found herself first in
rank, to whom his Majesty shew'd all the civilhty's possible, and was pleas'd to
say many obliging things of me to the company, and a thousand times more than
I can hope to deserve. My paper finishing, I must against my inclination do the
same, and pray my Dr. Jeames to belive me his most faithfull cusin and obed11.'
.•servent, Fr. WAUCHOPE."f
The family circumstances alluded to in the above letter refer to the death of
William Wauchope of Niddrie-Merschell in 1711 — a few months after the death
of his father — leaving a son, Andrew, his heir, only five years of age. By his wUl
he appointed ten trustees, five of whom were Protestant, and five Roman Cathohc.
The severe enactments passed against "the Papists" about this time occasioned
much annoyance to the jSiddrie famUy, most of whom adhered to the old faith.
WUliam, the father of the young heir, and James, his uncle, were both Roman
Catholics. In the affair of 1715, or " Mar's year," as it was called, preparations for which
are alluded to in the letter of Francis Wauchope, it does not appear that any of
the family were engaged ; nor yet in the later and more chivalrous undertaking
of 1745. There are, however, in the charter chest, various printed and written
documents in reference to both of these periods, which show that the famUy was
not altogether uninterested in the passing events.
The Mansion-House of Niddrie, as already stated, is pleasantly situated on
the banks of a httle stream, which, rising in the Pentlands, flows into the sea at
* It is difficult to surmise to which of the branches of Niddrie this "Miss Wauchope" belonged.
We are not aware that Francis himself was ever married. Col. John was not.
f Niddrie Charter Chest.

40
Maodalene Bridge. The ground is almost level, having a gentle rise westwards.
Approached from the south, it appears bounded in the distance by the green
slopes of the Pentlands, and immediately in the background by the fine old ruin
of Crai°rniUar, while on the east Arthur's Seat towers up in majestic outline. It
is thus, in some measure, protected on all sides, save the south, where the plain is
open and extensive, and possesses a quietness and seclusion, amid the fine old
trees that adorn the park, which inspires the visitor with a corresponding feeling
of placidity. The older portion of the house, including the tower, was built —
according to the MS. notes — by Sir John. It is possible, at the same time, that it
had been commenced by his father. Be this as it may, it bears the date 1636,
and has the initials " S. F. W. D. J. S." [Sir Francis Wauchope and Dame Jean
SandUands,] on one of the windows to the south, and "S. J. W. D. A. H." [Sir
John Wauchope and Dame Anna Hamilton] on another. The style of buUding
is precisely that which prevailed at the period — strength and elegance being com
bined. The tower is arched both below and above, and has a battlement, which
could be used as a means of defence — and from which there is an exceUent view
of the surrounding country, particularly of the winding firth, and the lands beyond.
The walls of the other apartments are equally characteristic of the age, being
massive and strong. A broad and exceUent scale stair — until the recent altera
tions — led upwards through the tower to the various apartments. The dining-
room, still used as such, on the second floor, is a spacious apartment, lighted from
the south. The ceiling is ornamented by finely executed stucco-work, with devices
of Scottish royalty — in honour of the Restoration of Charles II. — bearing the date
1661. Above the large fire-place there is a portrait of Sir WUliam WaUace,*
painted on canvas, stretched and fixed in panellings on the waU — a fashion which
prevailed in the seventeenth and beginning of the eighteenth century. Of this
picture, very different from the popular representations of the Scottish hero, there
is unfortunately no history. It has been in the house beyond the memory of any
of the family, and is evidently of considerable age and excellence as a painting.
A copy of this portrait appears, with the kind permission of the proprietor, as a
frontispiece to " Wallace and his Times," recently published, where some particulars
are given respecting it. It is the same picture — emanating from the same source
if not the original — as is preserved at Priory Lodge, Cheltenham, belonging to a
descendant of the Craigie-WaUace famUy. In the " WaUace Papers " it is said by
the owner to have been presented to his ancestor, Robert WaUace of Holmston,
* It has an inscription intimating it to be the portrait of the great hero.

41
Sheriff of Ayr, by Lady Southesk, who picked it up in France. The portrait at
Niddrie House is supposed to have been brought into the family through the
marriage of James Wauchope, in 1710, with Jane, daughter of Sir William Wal
lace, Bart, of Craigie. Sir WiUiam was doubly connected with the Niddrie family.
He had married, as his second wife, Elizabeth Wauchope; and James, her brother,
was his son-in-law. He left no male issue, and was succeeded by his brother.
He commanded a regiment of cavalry under King James, and followed that
monarch when he retired to France. The Craigie family and estate suffered con
siderable dilapidation in consequence, and the picture in question may have found
its way to Niddrie House during these troubles.* It appears in inventories a
hundred and fifty years back, whereas the Priory Lodge Picture cannot be traced
farther than about 1734, when Robert Wallace of Holmston was Sheriff of
Ayr. In the same apartment there are several portraits of the Wauchope family.
— the oldest of winch are those of Sir John and the lady of his son, Andrew —
fixed in pannellings to the wall. In inventories of the furniture in Niddrie House
in 1707-11, the picture of "Wallace" is mentioned as an item by itself. In
another, 1715, " 13 fyne pictures of family and freindes," are mentioned, as in the
" bigg dyning room ;" but no particular notice of the portrait of Wallace occurs.
In the " httle dyning room," there are —
" 2 painted pictures : my brother Wm.'s and Wallace' s,f in gilt frames.
The King's picture in Taille-douce, and his coat of arms, fynely carved.
A little miniature in carved croun upon the cupp board.
A fruit piece in gilded frame.
3 TaiUe-douce and a landskip in carved frames.
28 other Taille-douce, some of them fyne ones, in black frames.
A mapp of Paris, in black frame, upon the door-head without.
Lord Sempil's picture.
2 other large ditto by Medina."
There were various other pictures ; in the "Whyte Room :"
" 4 pictures with gilded frames.
1 Taille-douce picture in the chimney."
In the " Green Room :"
" 2 large pictures by Sir John Medina :"
* Amongst the Niddrie papers there is a genealogical account of the family of Craigie- Wallace, in
lis, down to 1719.
t This was possibly the portrait of Sir W. Wallace, Bart, of Craigie, his father-in-law. At all event?,
ths picture of Wallace in the dining-room does not correspond in any way with the style of the period.

42
In the " Wester Room, off the Little Dyning Room :"
" 26 TaUle-douce pictures of several sizes in black frames."*t
On the north-east a wing was buUt by the grandfather of the present pro
prietor, and joined by a colonnade to the main house. This important addition
contains, besides other commodious rooms, two lofty and handsome apartments.
the library and drawing room, the walls of which are hung with numerous valu
able paintings. Amongst the portraits is one of Robert the Bruce, but of its
history we have no trace, and another of Queen Mary, said to be original. There
are full-length portraits of Charles I. and his Queen, and four small half-lengths
of the Chevalier and his consort, and their two sons, Prince Charles Edward and
the Cardinal York, when in their boyhood. These are understood to have been
forwarded direct from the Chevalier himself to the Niddrie famUy, as an acknow
ledgment of their loyalty and the assistance — pecuniarily as well as otherwise —
which the " royal hne of Stuart" had experienced at their hands. Great value is
justly set upon these mementoes of a gaUant but unfortunate race. There are
also well-authenticated piortraits of Montrose, Dundee, James VII,J &c. Very-
considerable improvements have been made upon the mansion, both as to the
interior and exterior, by the present proprietor.
The house fronts to the north, where, through the avenue, a fine view of the
Lomond-law is obtained. The park is pretty extensive, and well studded with
oak, chestnut, sycamore, and other trees. A very large sycamore, the largest of
the kind in the parish, fronts the eastern wing of the house ; and two stately
Inventory written by James Wauchope, brother of William, recently deceased.
f No mention is made of a " Library" in the inventory. There is " a press for holding books,'' and
" 2 fir chests for books belonging to Dr Wauchope," in the " Tutor's Room," but no apartment desig
nated, as in modern times, " the library." There is an " Inventair of Books taken by J. W. [James
Wauchope] the nth Feb. 1709," but it is perhaps only a fragment. Tt is as follows :— " 1. 3 Tomes of
the Bybie in English, cost me £l, 3s. Sd. 2. Les Heures de Paris. 3. Two other Prayer Books. 4.
Instructions for Confession and Communion. 5. A Spiritual Retreat, 2s. 6. Question of Questions.
7. Secret Policy of the Jansenists. 8. The Gentleman's Calling. 9. The Present state of Rome, or the
Lyves of Clement II, Albani and Cardinals, 4s. 6d. 10. Maxims of Venice, 2s. 11. De Witt upon
the True Interests of Holland and West Frisland, 6s. 12. Sir Josiah Chyld upon Trade, 2s. 6d. 13.
B. R. Colinson's Idea Rationaria. 14. J. Weir's Ready Accomptant, 2s. 6d. 15. A Scots Book of
Rates. 16. A Vademecum, and Sir Samuel Morland's Perpetual Almanack. 17. W. King's Art of
Love, 4s. IS. Muses Mercury, 1707, 7s. 19. Tome Brown's Works, in 3 volumes, 15s. 20. Collier's
Dictionary, 2 vols, 10s. 21. Cole's Dictionary in English, Is. 6d. 22. A French and English Dic
tionary, 7s. 23. History of England from the beginning of Queen Anne's Reign to the end of the
Treaty of Union, Js. 6d. 24. Letters from the Dead to the Living. 25. John Oldham's Works.
t Of this Monarch there is a very interesting memorial preserved at Niddrie House. It is a small
quantity of his hair, enclosed in paper, and inscribed " K. J. 7th 's hair." The exiled King, grandfather
of Prince Charles, died in 1701, in the 68th year of his age. The hair is grey, with a dark shade. The
label is in the hand-writing of James Wauchope, tutor of Niddrie.

43
planes mark the carriage way to the main entrance. Bounding the garden wall
westwards, there is perhaps one of the largest holly hedges in Scotland. It is
upwards of thirty-six feet in height, and thick and strong in proportion. There
are, besides, numerous single holly and yew trees of large dimensions, aU of
which bespeak the antiquity of the manor place.
A new garden has recently been enclosed on the south-west of the house,
and the old ones, part of which wUl be thrown into the park, thereby opening up
and giving a more airy appearance to the house, are undergoing a thorough
remodeUing. Until recently there was only one approach, from the north-east; but another
lodge has been built at the south-eastern extremity of the park wall, and a new
carriage drive formed, with a bridge over the rivulet, which thus give access from
the south as well as the north, and add considerably to the beauty of the domain.
Various other alterations are in progress, which will vastly improve the grounds.
Of the antiquities connected with the barony of Niddrie-Merschell, some
account is given in Whyte's Parish of Libberton. He says that " not many years
ago, in the grounds belonging to the North Mains were found, in different places,
sepulchral stone enclosures, with human bones of a very large size. It appeared
that the feet had been deposited towards the south," a proof of the antiquity of
their sepulture. He also mentions that " east from the house and plantations,
and on the north side of the public road, is a rising ground, or tumulus, called the
Law Know, where, in more early times, judgment was dispensed, and where pro
bably certain acknowledgments were made, by those who held of the baron."
This knoll does not now exist.
What is known locally, if not in history, as " the rencounter at Niddrie Edge,"
between Alexander Lord Home and Francis Earl of Bothwell, occurred at a place
so caUed on the south of Niddrie House, in April 1594. Each had a considerable
number of foUowers. Home was defeated.

45

'3W-~-

GENEALOGICAL.

*HATEVER conjectures may be indulged in as to the more remote ances
tors of tho Wauchopes of Niddrie-Merschell, there can be no doubt as
to the existence of
I. Gilbert Wauchope, who had a charter " of the lands of Niddery" from
Robert III, whose reign extended from 1390 to 1406.*
II. Patric de Wachope and Isabel his spouse are mentioned in the Acts of
the Lords Auditors, 6th Nov. 1470, as pursuing George Lord Setoun "for the
spolicioun and takin of twa oxin of the lands of Grenediks perteining to the said
IsabeU, be resoun of terce and thrid, and takin be the said lord for the mahs of
the said lands, be resoun of gift made to him of the warde of the said lands," &c
The Lords Auditors found that Lord Setoun had done wrong, and ordained him to
return the oxen.f Though not designed by the property, there is every probability
that they were of Niddrie-Merschell. They could not be of Wauchope in Dum
friesshire, for that belonged to the Lindsays, nor of Wauchope in Roxburghshire,
for that property had passed to the Glendonwins. The lands of Greenside, which
may be the modern variation of Greendiks, are in the vicinity of Niddrie-Edge,
and the inheritance of the Setons lay chiefly in Edinburghshire, and not far
distant. The lands of Greendiks belonged to Isabel in hfe-rent, and Lord Seton
was her ward, or guardian.
III. Archibald Wauchope of Niddrie-Merschell had sasine of the Crown
lands of PUmer, in favour of himself, and Gilbert, his son and heir, and Isabella
his (Gilbert's) spouse, 3d June 14S9.+ He was tutor to Archibald Quhitlaw, and
at his instance James Hering of Tulybole was ordained by the Lords Auditors,
28th April 1491, to pay to Quhitlaw xii merks of mail. Ho was, about the same
* Robertson's Index. Only a few of ihe charters in this Index now exist. Had this charter been
accessible it might have thrown some light on the ancestry of Gilbert.
f Acta Auditorum. t Broughton Regality Records.

46
time, (16th March 1490,) in a suit before the Lords Auditors, against the Laird of
Wauchton, respecting the lands of Houston, in Haddingtonshire, which were
claimed by both, the one in virtue of an assedation from "frier Alexander Blith,"
and the other of one from " frier Thomas Diksone."* Niddrie seems ultimately
to have gained his point. He had a tack of the teind sheafs, or tithes, of the lands
of Nudry-Merschell, from Robert, Abbot of Holyrood, dated 11th June 1493.f
Patrick Hering, dorn i n us de G il mertou n, granted a charter in favour of Arch ibald
Wauchope of Niddrie-Merschell and Eufeme his spouse, of the two merk lands
in Gilmertoun, dated 4th Feb. 14984 This charter is witnessed by Mr David
and Mr William Waucliope. They are not designed, but they were no doubt,
from the title magister, ecclesiastics, and connected with the Niddrie family.
Archibald, with consent of his spouse, Euphamie Skowgall, granted a charter
of mortification of twelve merks yearly from the lands of Pylmure, together
with a house and an acre of land, as a glebe and manse, and the pasturage of
two cows, for the support of a chaplain of the Holyrood altar founded in Niddrie,
dated 2d Feb. 1502. § He and Gilbert, his son and heir, had sasine of the office
houses, and part of the lands of Houston, 18th Sept. 1502.|| Ho had a crown
charter of the three husband lands caUed Boggisland, in Gilmerton, 27th March
1503 ;*j[ and he had sasine of his part of the lands of Gilmerton, 4th Jan. 1507.
Besides his heir,
1. Gilbert, who succeeded,
lie probably had
2. Robert, Archbishop of Armagh, who died at Paris, on his way home from
the Council of Trent, on the 10th Nov. 1551. Amongst the older
documents in the Niddrie Charter Chest, partiaUy destroyed by fire,
there are three which have reference to him. One of them is an instru
ment of installation to the vicarage of Keith-Humbie (now Humbie
parish) in Haddingtonshire, dated ] 1th April 1527. The other two are
connected with his presentation to the prebendary of Ruffil, by Georo-e
Bishop of Dunkeld, on the decease or demission of "Magis. Dauid
Wauchop, ultimi prebandarij possessoris eorund," who was probably his
uncle. The Laird of Niddrie-MerscheU acted as his procurator. His
Christian name is obliterated, but it was no doubt Gilbert, his brother :
. . auchop de Nidry-Merschall procuratori et eo nomine
* Acta Auditorum. f Niddrie Charter Chest. * Ibid.
§ Register of the Great Seal. I| Broughton Regality Records. f Register of Great Seal.

47
venerabilis et egregij viri magistri Roberti Wauchop." The docu
ments are dated in 1529. According to Mackenzie's account of the
Archbishop, we would be inclined to think that the most of his time,
prior to being called to Rome in 1535, had been passed in Paris, but
the documents before us show that this was not the case.
3. Margaret, married to William Dundas of Dundas, who succeeded his
father, 16th March 1494.*
[In the reign of James IV, Gilbert and George Wauchop are witnesses to a
bequest by Bernard Bell, of four merks of annual from the lands of Alan Wilsone,
Leith, to the Abbey of Melrose. f They were probably sons of Archibald.]
IV. GUbert Wauchope of Niddrie-Merschell had a charter, as heir-apparent
to Archibald, Gth Nov. 1504, and a charter of confirmation, from James IV of
the " villac de Gilmortoun," 15th Dec. 1504.; He must have been twice married,
first to Isabella  , mentioned in the sasine of 1489 ; 2dly, to Janet Ker,
but of what family does not appear. § In the charter chest there is a discharge
from the superior and convent of Kelso, to Janet Ker, Lady of Niddrie, of the
"maris and fernies" of the Kirk lands of Humbie, and the two parts of the Kirk
of Duddingstone, 22d July 1515. Another discharge is from Thomas, Abbot of
Kelso, to Janet Ker, spouse of Gilbert Wauchope of Niddrie-Merschell, for the
rents of the same lands, dated 30th March 1518. There is an instrument of
resignation, by Patrick Hering, of the lands of Ladyland, in the county of Edin
burgh, in favour of Gilbert AVauchope of Niddrie, dated in 1520. || Gilbert was
involved in the feuds with the Edmonstons and Wauchtons. In 1534 (3d. Nov.)
he had a mandate from Pope Paul III. to the Provosts of the churches of Dunglas,
Setoun, and Dalkeith, to confirm to him, by apostolic authority, the lands of Quhit
inche and others granted to him by the Abbot of Holyrood. In 1534-5 (Jan. 15)
Sir Patrick Hepbume of Wauchtoune, knt, and thirty-four others, found security
to underly the law for " umbesetting" the highway for the slaughter of GUbert
Wauchope of Niddry-Merschell. The old feud about the lands of Houston pro
perty had been whetted by the grant of Quhitinch. In 1535 (28th April) he
had a protection for himself and family, from James V. He had sasine of Whyt-
rig, Wallaceflat, &c, 25th Oct. 1536 ; also of Overmossbouses, 9th April 1537.
In 1539 (21st March) he had to issue a summons of eviction against Hepbume
* Douglas Baronage. t Cart, of Melrose. I Niddrie Charter Chest.
g From a mutilated document in the Niddrie Charter Chest, she seems to have been the relict of
Richard Lawson in Humby. It is a "Tack of the lands of Cummer, by the Abbot of . . . to Janet
Ker, and James Lawson, her son, relict and heir of the late Richard Lawson, in Humby  "
|| Niddrie Charter Chest.

48
and his tenants, " occupiers of the lands of Quhitinche ;" and Paul III. had again
(3d May 1539) to issue a mandate in his favour.* GUbert took an active part in
promoting the Reformation, and frequently fiUed the office of Deputy-Marshal in
in Parliament, from 1527 to 1535.f
He was dead before 1540. He had issue —
1. Gilbert, who succeeded.
2. WiUiam, mentioned in a deed respecting the lands of Pointadois in 1540.
He was probably the deputy-marshal of Parliament, 11th March 1538.
3. Euphame, married, in 1529, to Sir John Edmonstone, knt. of Edmonstone.
In that year (15 th Nov.) she had a charter of confirmation of a life-rent
from the three-part lands of Niddrie-Merschell. She had another (8th
April 1550.)
There is a procuratory, dated 18th Sept. 1553, granted by James Dundas of
that Ilk, to Robert Spady and James Dawling, to make lawfull intimation to John
Edmonstoun of that Ilk, and Eufame Wauchope, his spouse, to compear into
Saint Giles' Kirk of Edinr. upon the 10th day of Nov. 1553, and there, upon
Saint James's altar the apostle, situate within the same, to receive 700 merks for
redemption of an annual rent of £42 money Scots yearly, uplifted out of John
Mowbray, filar of Barnbougall, his lands of Little BarnbougaU, to the reversion of
which annual rent the said James Dundas acquired right from the said John
Moubraif — with intimation on the back thereof, dated 26th Sept. 1553.
4. Katherine, married to William Liddail of Halkerston, was, we should sup
pose, another of Gilbert's daughters : " Willielmo LiddaiU de Halkerston,
et Katharinse Wauchop, ejus sponsoe," had a charter of the lands of
Alybank, in Selkirkshire, 12th Jan. 1552. |
V. Gilbert Wauchope of Niddrie-MerscheU, and Ahsone Hamilton, his spouse.
had, as heir to GUbert his father, sasine of the lands and barony of Niddrie, 18th
May 1537.§ There is a band anent the ratification of the lands of Pointadois, in
the lordship of Stow, by Peter Cornwell of Grenhard, to Gilbert Wauchope, son
and heir of the late Gilbert Wauchope of Niddrie, and his brother, WiUiam, to be
held of David, Archbishop of St Andrews, dated in 1 540.|| He had sasine, as heir
to Gilbert, his father, of the lands of Pilmuir, 7th May, 1542.| There is a crown
charter, by Queen Mary, to " GUberto Wauchope de Nudry-MerscheU, et Ahsone
Hamiltoun, ejus conjugi, de certis partibus terrarum de Nudry," 11th April 1549.
The same parties had another charter from Queen Mary, " de parte terrarum dc
* Niddrie Charter Chest. f Acts of Parliament. J Great Seal Register,
§ Gen. Retours. || Niddrie Charter Chest. 7 Broughton Regality Records.

49
domicilium de Nudry-Merschale," 7th June 1550.* In 1556 (28th May) GUbert
Wauchope of Nudry-MarscheU was on the assize of John SomerviUe of Camne-
thane, tried for oppression, &c.f He and his spouse had sasine of the lands of
Bumhouses and Corbane, 7th Oct 15664 There is an instmment of sasine of
ten merks of annual rent of the lands of WhitehiU, to GUbert Wauchope of Nid
drie-MerscheU and Ahsone Hamilton, his spouse, and Effame Wauchope, their
daughter, dated in 15 6- § Gilbert and his son and appearand heir, William, had
a tack of the teind sheaves of Niddrie and the mains thereof, for nineteen years,
from Robert Stewart, Commendator of Holyrood, dated 19th August, 1568.[|
Alisone Hamilton, spouse of GUbert Wauchope, was a daughter of Hamilton of
Innerwick. He died in August 1571. ]f The inventory was made and given up by
Alisone Hamilton, whom he constituted his sole executrix. Including the amount
of inventory goods, stock, corn, &c. — and debts owing, he left" £3054, 2s. 8d. Scots,
to be divided according to his latter will, dated "at Nudry the 27th May 1571,"
as follows : — "Imprimis, to Margaret Wauchope, his neice,** dochter to Gilbert
Wauchope, his sone, ane hundreth merks. Item, to Ker, my neice, dochter to
vmquhUe Katherine Wauchop, my dochter, spous to Robert Ker, her dochter
father, ane vther hundreth merks. Item, leive the haill rest of the thrie thousand
awand me to Alesoune Wauchope, young Lady Greneherd,ff and to Eufame
Wauchope, my dochteris, to be equalie devidit betwix thame." His widow died
in 1589. Her wUl is recorded 13th June 1590. They had issue —
1. Wilham", designed of Houston, who succeeded. In 1554, (Sth March), he
had sasine of the lands of Niddrie, Pilmuir, GUmerton, &c, with an
annual rent of four merks.JJ Jan. 28, 1556, WUham Wauchop, son and
heir apparent of GUbert Wauchop of Nudry-MerscheU, and others, found
surety to underly the law for kUling wUd fowl (game) with culverinis
and pistolettis, from May 1552 to Nov. 1556.§§
2. GUbert. There is a crown charter from James VI. to " GUberto Wauchope
de Stottencleuch, et Joneta3 Symsoun, ejus sponsoe, terrarum de Stotten-
cleuch, Haddingtonshire, and Edinburgh, 25th June 1592."|||| Gilbert
seems to have been succeeded by his sonj' William, whose brother, Gil-
- Great Seal Register. f Criminal Trials. t Niddrie Charter Chest.
§ Charter Chest— document partially destroyed. II Niddrie Charter Chest.
"If His will is recorded 1st Dec. 1573.
" She was not his niece, but his grandchild. In the same way nephew was employed to signify
LTandchild as well as brother's son.
ft The same property, no doubt, mentioned in the ratification of 1540.
*± Niddrie Charter Chest. §§ Pitcairn's Criminal Trials. II II Great Seal Register. G

50
bert Wauchope in Goddiscroft, was set upon on a Sunday night in Aug.
1 608, when he was without arms, and slain by WUham Nisbet in New
ton Leyis, and others. His widow, Marion Heislop, and WUham, his
brother, were the pursuers of Nisbet before the Lords of Council and
Session, 9th Sept. 1608* He had also a daughter, Margaret, men
tioned in the legacy of his father. The wiU of Alexander Wauchope
of Stottencleuch is recorded 29th June 1647.f Another Alexander
Wauchope of Stottencleuch appears in 1695 ; and Alexander Wauchope
of Stottencleuch occurs as one.of the heritors of East Lothian, in a peti
tion, May 27, 1700. J Wauchope, elder and younger, of Stotincleugh,
are in the Commission of Supply for Haddingtonshire, 1704.§ The
descendants of this branch of the Wauchopes are said to have kept a
toy shop in Edinburgh ||
Abraham. There is an instmment of redemption of an annual rent of ten
merks, furth of the lands of Niddrie, from A braham Wauchope, by
Wilham Wauchope of Niddrie-Merschel "suo fratre" 1574.1 Heap-
pears as a witness, and is styled " Abrahamo Wauchop, filio Domini
Gilberti Wauchop," in a charter by Gilbert to his daughter Eufamie, of
the lands of Bumhouses, in 1566.**
John Wauchope, in Niddrie, (brother of WUham Wauchope of Niddrie-
Merschell) and Eliza Dundas, his spouse, had sasine of an annual rent
from the lands of Niddrie, 22d April 1582.ft There is a lease of the
vicarage teinds of Newbigging, belonging to the vicar of Pennycuick,
by Wilham Pennycuick, parson and vicar of Pennycuick, to John
Wauchope, baillie of Nudry-Merschele and his heirs, 29th Dec. 1593 \\%
and he had an assignation of the teinds of Niddrie from Sir James
SandUands of Slamanno, 3d July 1599. "The Bailie of Nudrie's sons
were nocht to supply him" — that is, they were not to assist James
Wauchope, son of Gleghorne, in his duel with Auchmuttie. " William
Wauchope, sone lauchfull to vmquhile Johne Wauchope, bailie of
Nudrie," was dilatit for the slaughter of John Symsoun, messenger in
Edinburgh, &c, Nov. 19, 1602. The Niddrie family were under forfeit
ure at the time, and it is probable that this slaughter arose out of the

Pitcairu's Criminal Trials. \ Commissary Records. J Acts of Parliament. § Ibid.
II Family Tree. f Niddrie Charter Chest. ** Ibid. ft Broughton Reg. Rec.
XX Niddrie Charter Chest.

51
legal proceedings and irritation consequent thereon. William was tried
for the offence, and beheaded at the Cross of Edinburgh.*
5. Adam, who acquired the property of CaUonuir, in Berwickshire. He was
an advocate. Adam Wauchope of Caikmuir appears as one of the
prolocutouris in the trial of Alexander and Ohpher Sinclair, for the
slaughter of the Earl of Bothwell's sen-ant, 17th Dec. 1565 : and he
and others were "continued to the Justice Aire of Edinburgh," for
abiding from the Raid of Leith in 1571. He died in 1578 : his will is
recorded 4th July of that year. He was succeeded by his son, Adam,
who had a charter of the lands of Little Blackburn, 10th Dec. 1576.f
In that document he is styled heir-apparent of Adam Wauchope of
Caikmure. He came under the law for abiding from the Raid of Dum
fries in 1587.+ His will, made up by himself in 1647, is recorded 1st
May 1649. Agnes Murray, his relict, was executrix for Walter and
Isabella, their two youngest bairns. Mention is made of Margaret,
dochter natural to Knight Robert Wauchop>e,§ and another daughter,
named Agnes. In a deed|| of George Wauchope of Penicle, dated 23d
Feb. 1664, he is said to be brother german to Patrick Wauchope of
Caikmuir, which Patrick was probably father of " John, the macer," so
styled from being a macer in the Court of Session. He had a charter
from Charles II. of certain lands in Eyemouth, Benvickshire — " Carta
confirmationis Joanni Wauchope, clavigeri, terrarum in Eyemouth, 28th
Jan. 1669." He died in 1.684. His will is recorded 15th April of that
year ; and that of Jonet Aikenhead, relict of John Wauchope of Kaik-
mure, 16th Aug. 1701.1 His son, Francis, was served heir to him in
1684 — "Franciscus Wauchope, hseres Joannis Wauchope de Cakemure,
unius ex quatour clavigeris ordinariis coram Dominis Concihi et Ses-
sionis, patris," 1st March 1684. On the 27th May 1690, he was also
served heir to his father, in the lands of HU1, "et decimis garbalibus,"
in the parish of Newton and regality of Musselburgh. Francis married
Vere Bothwell of Glencorse, sister of Margaret Bothwell, great-grand-
* Criminal Trials. f Great Seal Register. % Criminal Trials.
§ This is probably the individual alluded to in Chambers' recent work, " The Domestic Annals of
Scotland," which says : — " Robert Wauchope of Caikmuir, a suspected Papist, was accused before the
Presbytery of the crime of going yearly barefooted in pilgrimage to the cross of Peebles, meaning possibly
the church of the Holy Cross there. He confessed that he had been accustomed to do so formerly, but
for some years had given up the practice, as a rite unprofitable and ungodly." — Presbytery Records, 1591.
II General Register. Ii Commissary Records.

mother of Sir Robert Menzies of that Uk, by whom he had a large famUy
— seven sons and five daughters. He had a brother, Gideon, who was
one of the Commissioners for Roxburghshire in 1644.* Henry, the son
of Francis, succeeded. He made a large addition to the mansion-house,
in 1761, part of which was never finished. Andrew was the last laird
of Caikmuir. In a letter by Wilham MacEwan, W.S, addressed to
Andrew Wauchope of Niddrie, dated 10th June 1794, he says : " Since
Mr Wauchope of Cakemuir's death, Mr Menzies, Mr Mercer, and I have
inspected such repositories as were pointed out to us, in which we have
found the title-deeds of his estate, and the scroll of a deed of trust, and
destination of it failing issue of his brother and sisters. Should this deed
not cast up executed, of which I confess I have now but httle hope, it
wiU be a great loss to Mrs Wauchope, who was thereby to have had the
total hfe-rent ; as also to your second son, who was to have got the
lands with the burden of debts, and two legacies, in the event I have men
tioned. I can now show and explain to you satisfactorily the connection
between your famihes (which is not remote,) from written evidence, and
will give you any other information I can," &c. In another, dated 21st
May 1795 or 1796, he says : — "I send herewith the letter of invitation
for my worthy friend's funeral, for your signature. And to save trouble
to }-ou at our meeting, I submit a plan for the supporters of the pall to
your consideration and revisal. Dr Drummond is the husband of the
only daughter and heiress of Mr Wauchope's uncle, Mr Menzies his
aunt's son, Mr Neil Ferguson, advocate, Ins second cousin, and Mr
Northland the husband of his second cousin by his mother ; so situated
I regret we have not room for your neighbour Edmonston, (or any of
your own two sons, who, if at home, and convenient, are expected) which
be so good as explain to him in your own justification and mine, and
say if there is anything further in point of order I can do in honour of
the memory of my much esteemed friend, and in justice to your good
self. P.S. I observe I omitted to mention that the gentlemen nomi
nated to the left, are the brother-in-law, nephew, and nearest relations of
Mrs Wauchope. If you wish to have your son's seal used, the bearer
may be entrusted with it. I brought Mr Wauchope's own to-day from
Dalkeith, and which I shall preserve with care for whoever he has nomi
nated to succeed him after his brother."! This letter evidently refers to
* Acts of Parliament. t Niddrie Charter Chest.

53
the death of Mrs Wauchope of Caikmuir, who survived her husband
scarcely a twelvemonth. From the same correspondence it appears that
the sister, Miss Wauchope, was for some time in UI health, and died in
1808. The deed of settlement alluded to by Mr MacEwan not having
been executed, the estate of Caikmuir feU to the Crown, from which
" the old laird of Niddrie [Captain Andrew Wauchope] obtained a grant
of the property, which was afterwards sold."*
6. George, a merchant and baihe in Edinburgh. In the sasine of the lands
of Bumhouses and Corbane given by " George Wauchop, baihe in that
part," to Gdbert Wauchope and Alisone HamUton, in 1566, he describes
himself as son to GUbert Wauchop : " Insuper delecti meis Georgeo
Wauchop, filio Gilberti Wauchop de Nidry-Merschell." He had a
charter of the lands of Gleghorne, Haddingtonshire, in 1592 : " Carta
confirmacio Georgn Wauchop, mercatoris burgensis de Edinburgh,
terrarum de Gleghorne, Had. et Edin. 25th June 1592."f One of
his sons, James, was slain, "at the combat, in St Leonard's HiU, on
the 20th April 1600 (a Sunday) by Robert Auchmuttie, barber,"
(barber-chirurgeon.) Each of the combatants had two foUowers. The
"Baillie of Niddrie's sons" were James Wauchope's seconds. The
duel, originating in some insulting words, whUe in company in the city,
was fought without license. Auchmuttie was tried, condemned, and
beheaded. The pursuers were the deceased's father, George of Gleg-
home, and' George, his brother. Auchmuttie had nearly effected his
escape, having removed one of the prison window staunchions by the
use of vitriol. He was detected when about to descend. The trial is
the first recorded for duelhng. There were lengthy pleadings on both
sides. James VI. had a great dislike to the use of the sword, especially
in single combat.i George Wauchope and his son had another charter
of the lands of Gleghorne, 6th Jan. and 12th July 1611.§ William
Wauchope of Gleghorne, and his spouse, had a charter of these lands,
2d Feb. 1629. George Wauchop, burgess of Edinburgh— probably of
this famUy— was sent on a special mission to the King, in London, 26th
Feb. 1640, respecting the position of public affairs at that time. The
King, however, would not listen to the Commissioners. ||
6. Alesoune, Lady Greneherd.
* Family Tree. f Niddrie Charter Chest.
* Criminal Trials. § Great Seal Register. II Guthrie's Memoirs.

54
7. Euphenie, married to Henry Halyburton of Merton: "Euphemia Wauchop,
future spouse of Henry Halyburton," appears in a precept of dare con
stat, by David, Commendator of Dryburgh, 30th Dec. 1574.* She had
a charter of the lands of Bumhouses, from her father, 9th Nov. 1566.f
VI. WiUiam Wauchope of Niddrie-MerscheU. He married, 1st, Anne>
daughter of Hepburn of Wauchton,! by whom he had Robert, his heir ; and 2dly,
1560, Margaret, widow of Sir James Dundas of Dundas, § daughter of Sir James
Sandilands of Calder, and sister of the first Lord Torphichen. He probably suc
ceeded before the death of his father. There is a precept of dare constat, by Adam,
Bishop of Orkney and Zetland, for infefting WUham Wauchope of Nudry-Merschell
in the four merk lands of the barony of Ahammer, or Quhitinch, in the constabulary
of Haddington, 1563.[| As grandson of Gilbert Wauchope of Niddrie, he had sasine
of the four merk lands of Ahammer, 6th April 1577-1 On the 15th June of the
same year, he was one of the assize on the trial of John Semple of Beltrees.**
There is a blank charter, by Mr Thomas Hay, minister of the House of the Holy
Cross of Peeblis and Houstoun, superior, to WUham Wauchope, of Niddrie-Mer
schell, and Robert Wauchope, his son and heir apparent, and Margaret Dundas,
his spouse, of the lands of Houston, &c, 1574.ff There is also an instrument of
redemption of the ten merks annual from the lands of Houstoun, in Haddington
shire, belonging to William Wauchope of Niddrie-MerscheU, from Mr Alexander
Syme, advocate, for which Niddrie paid 100 merks, 1st May, 1578.JJ There is
"* Cart, of Dryburgh. t Niddrie Charter Chest.
t We find no authority amongst the Niddrie papers for this marriage ; but the contract of marriage
and other documents in reference to it may have been destroyed. In the Menteith Bore Brieve,* it is Baid
that Robert Wauchope, the father of Mary, who was married to Gavin Sandilands of Lumfodda was the
son of Gilbert Wauchope of Niddrie-Merschell and Anne Hepburn ; but the brieve is as far wrong in this
statement as it is in making Alisone Hamilton the wife of Robert, and the mother of Mary Wauchope.
It is probable, however, that Anne Hepburn was married to some of the Lairds of Niddrie and William
appears to be the only one to whom she could have been united. In Burke's Landed Gentry, the marriage
is said to have occurred in 1560, but this could not have been the case, more especially as the same authority
makes the son, Robert, marry before his father— in 1558.
* Niddrie Charter Chest.
§ She was a widow in 1556 : "tack of the lands of Newliston to Dame Margaret Sandilands relict
of Sir James Dundas of that Ilk, and her heirs, from John, Lord of St John's, Knyt. 15th Oct. 1556.''
Sir James died in 1553, in which year (13th Aug.) he made a disposition of the silver plate in Dundas
Castle in favour of Elizabeth and Jane Dundas. The valuables enumerated were  *' Twa pieces of siluer
of fourty-four vnces ; ane peis of siluer, of fourteine vnces ; ane saltflat of siluer, of sixteine vnces ; ane
vther saltflat of syluer, of thre vnces ; ane maser of siluer dowbill gylt, of fourteine vnces ; ane lawar of
siluer of tucnty audit vnces, or neir by ; ane cowpo of siluer, of thretty thre vnces ; nyne syluer spwnis of
thretteine vnces or neir by."* * Niddrie Charter Chest.
il Niddrie Charter Chest. f Broughton Regality Records. ** Criminal Trials.
tt Niddrie Charter Chest. *+ Ibid.

00

thus ample proof of the lands of Houston having belonged to the Niddrie family,
In 1579 (22d Sept.) WUham and "Dame Margaretta Sandilandis," his spouse, had
a charter from James Richardson of Smetoun, of the lands of Cauldcottis, and the
coals of Wowmet* Jan. 14, 1581-2, he was on the assize of George Hume of
Spot, tried for the murder of Henry Darnley.t What the connection was between
WUliam Wauchope and Alexander Syme, advocate, does not appear; but the
latter had a sasine, dated 15th August 1582, in favour of himself in life-rent, and
William Syme, his son, in fee, of an annual rent of £20 Scots ; to be uplifted
yearly from the lands of Niddrie-Merschell, proceeding on a charter of alienation
granted to them by William Wauchop of Niddrie-MerscheU.} He and his son
had sasine upon this charter, 15th Aug. 1586. Though Wilham's name does not
occur in connection with any of the feuds at the time, yet he had a protection
from Queen Mary, dated Sth May 1555. He died in 1587, as appears from the
inscription on his tomb in the vault at Niddrie House — " Haer • lyes • ane • honor-
abil - man • WUham • Wauchop • of- Nidre • Merschil ¦ quha ' deceisit ' the ' vi " clay •
of" Februar • 1587." He had issue —
1. Robert, who succeeded. He seems to have been styled of Houston, before
his father's death. He is so designated in a paper, partiaUy destroyed,
dated 1579.
2. Gilbert. " Precept of seisin of the lands of Quhitinche, in Hadingtonshire,
to Gilbert, son of WUham Wauchope of Nidrie-Merschell, by Adam,
Bishop of Orkney and Commendator of Holyrood," 1576.
3. George, Professor of Civil Law at Caen, in Normandy, was, in all likeli
hood, a son of this Niddrie.
VII. Robert Wauchop of Niddrie-Merschell married, 1st, in 1558, Margaret
Dundas, daughter of his step-mother, by whom he had —
1. Archibald, his heir.
2. Mary, married in 1583, to Gavin SandUands of Lumfodda.
He married, secondly, Margaret, daughter of Sir James Douglas of Drurnlanrig,
ancestor of the Duke of Queensberry, widow of William, Earl of Menteith, and of
Edward Crichton of Sanquhar, § by whom he had probably —
1. WUliam, tutor of Niddrie. He is mentioned as such in a document of
1001. " Jan. 4, 1 603, Williame Wauchope, brother to vmquhUe Archi
bald Wauchope of Nydrie, dilatit for the slaughter of David Edmonstoun
ofthe Wowmet," "Feb. 2, 1603, Williame Wauchope, son to vmquhile
* Niddrie Charter Chest. t Criminal Trials. X Niddrie Charter Chest.
§ Douglas' Peerage.

56
Robert Wauchope of Nydrie, banished furth of the realm."* Again, in
a contract between Sir James SandUands and the Laird of Niddrie.
[Francis] in 1608, he is styled his "father brither."
2. George Wauchope, " brother to vmquhUe Archibald Wauchope, apperand
of Nudrie-Marschell, [was also] dilatit of airt and pairt of the slaughter
of vmquhUe David Edmistoun of Wowmet, committit in Januar 1596,"
and tried August 159S.f
The Laird of Niddrie was a zealous supporter of Queen Mary ; and he and his
son, Archibald, were deeply engaged in the feuds of the times. Both of their
names appear in the "charge aganis personis denunceit rebellis," 12th June
1587.} Robert had sasine of the lands of Niddrie-Merschell, 2d Dec. 1589.§
There is a remission to Robert Wauchope of Niddrie-MerscheU, for airt and pairt
in the slaughter of John Edmistoun, the brother of David Edmistoun of Wolmet,
and in the mutilation of George Davidson in Charterhouse, 3d Dec. 1593.|| In
July, 1592, the Lairds of Niddrie and Samuelstone, as related by Birrel, were cap
tured by John Lord Hamilton, and carried before the King at Edinburgh. They
were not discharged at that time ; but had their liberty soon after — in the same
vear. Robert Wauchope must have died before 1601, on the 16th January of
which year, William is mentioned as "tutor of Niddrie" in a horning against
William Fenton, maltman, Canongate.l
Archibald, his heir, died before him. He was of a bold and reckless humour,
and took up the feud against the Edmonstoun with great keenness. He was
engaged in the slaughter of James and John Giffart of SherifhaU — of Robert Caise,
in Dalkeith, and of John Edmistoun, brother of Womett, in 1588.** In May the
following year, while lying in wait at Bridgend for the Laird of Edmonstoun, the
latter, with a large party, surrounded the house, and the King having been
apprised of the circumstance, he and his party were summoned to come forth
under the pain of treason. They did so, and were conveyed to prison in Edin
burgh. Next day they were put on trial for the slaughter of Sherif hall and his
brother. About a thousand persons were present at the trial, which took place
in presence of the King in the Tolbuith. The " candles were putt furth about
eUevin houres at night,"tt when young Niddrie and his party escaped out of the
windows, through the connivance of Sir James Sandilands, as was generally under
stood. In 1590, while the King was absent, on his matrimonial visit to Denmark,
young Niddrie slew a gentleman depenchng upon the Abbot of Holyroodhouse,
* Criminal Trials. f Tbid. + Acts of Parliament. § Niddrie Charter Chest.
I! Niddrie Charter Chest. f Canongate Records. ** Criminal Trials. tt Calderwood.

Ot

because, as Calderwood avers, he had reproved him for striking an officer of arms.
He was an adherent of Francis Stewart, Earl of Bothwell, who continued so much
to disturb and annoy the government of James VI. He was one of the Earl's
followers, who broke into the King's palace at Holyrood, on the night of the 27th
Dec. 1591, and put his majesty in so much bodily foar. They missed the object
of their hatred, Maitland the Chancellor, and retired without doing much mischief.
For this offence he was " fortaulted," along with the Earl of Bothwell and his
accomplices.* The Rev. Mr White, in his account of the parish of Libberton,
says " Mr Wachope escaped, and soon received his majesty's pardon, as he was
very young, and supposed to be under the infiuence of BothweU." This does not
appear to have been the case, for his name is included in the list of persons disin
herited for the offence in 1592.1 Archibald, and John Wauchope, baihe of Nid
drie, his uncle, wore both in the summons of treason, May 29, 1592 ; and, Dec.
27, 1593, Archibald, who did not appear, was denounced rebel.} The MS. notes
of the family say that Archibald maintained a large following, and that the old
house of Niddrie was capable of containing a hundred strangers. His fate was
characteristic of his stormy career. While in concealment in Skinner's Close,
Edinburgh, his servant gave the alarm that his enemies had surrounded the house-
With the view of escaping, or destroying himself, rather than be taken) he sprang
out of a storm-window, and, in falling, broke his neck. This must have occurred
before 1598, in which year he is spoken of as the late Archibald. He therefore
predeceased his father, and, of course, never succeeded to the property. He
married, in 1584, Rachel M'GiU, daughter of Sir James M'GUl, Knt. of RankeUor,
and widow of Stewart of Rosyth. He was under forfeiture in 1592, when, on the
petition of his spouse, Parhament passed an Act in her favour, by which she was
aUowed her portion and "conjunct fee and terce of the levying of Rossyth," and
also what she was infeft in by her marriage with Archibald Wauchope. The act
says it was " notoriouslie knawin to ah the countrie in quhat miserable estate scho
wes in during the tyme of the said Arehibaldis remaining in this cuntrie." He
thus appears to have gone abroad for some time. He was included in the " Ratifi
catioun of the forfaltour of Francis, sumtyme Erll BothuUl," in 1594.§ He had at
least one son,
Francis, who succeeded.
Meanwhile the forfeited estate of Niddrie was conferred on the Edmonstons —
the feudal enemies of the family. Andrew Edmonstoun of Edmonstoun had a
* Acts of PaiHainL-nt. tHil. t Ibid. § Ibid. H

58
crown charter of " binae partis Baronia? de Nuddre-MerschieU et terrarum de GU
mertoun," 23d March 1597; and another of the lands of GUmertoun, &c, 1st
Dec. 1603.* In the latter year the lands of Niddrie-MerscheU were acquired
from Edmonstoun by Sir James Sandilands of Slamanno. He had a charter
from Andrew Edmonstoun of Edmonstoun of the three pairt lands of Niddrie-
Merschell, dated 12th Sept. 1603 ; and another ofthe twa pairt lands of Niddrie-
MerscheU, with the miln and lands in GUmertoun, 14th Sept. 1603. Sasine of
these followed on the 2d Nov. of the same year.f Sasine was also given to Sir
James Sandilands of Slamanno, Knight, by Andrew Edmiston of Edmiston, of
the lands of Cauldcottis, 2d Nov. 1603. Sir James had the escheat of Archibald
Wauchope, and he assigned the teinds of Niddrie-MerscheU to John Wauchope,
baihe of Niddrie, 3d July 1599.
VIII. Francis Wauchope of Niddrie-Merschell was rehabUitated, or restored,
in 1603. The letter of James VI, addressed to Sir David Murray, comptroUer,
for this purpose, is dated the 29th September 1603 ; and there is in the charter
chest a paper entitled " Rehabitatio Francisci Wauchope," dated 30th Sept. 1603.
He was served heir of his grandfather, 11th January, 1604. The family MS. notes
say that " after Sir} Archibald's forfaulture, Sir Francis, his son, to get back the
estate, married Secretary Sandiland's daughter, and engaged for him and his
friends cautioner to the value of 200,000 merks, which distressed him so as he
was forced to quite the country." This must have been in consideration of the
estate, which was not, at least formaUy, restored to him tiU 1608. On the 26th
March of that year, a contract was entered into " betwixt Sir James SandUands
and the Laird of Nidrie, anent the lands of Nidrie." By this contract, " Sir
James Sandilands of Slamanno, Knyt, Dame Barbara Naipper, his spouse, and
Johne Sandilands, his eldest laufull sone and apperand air," with " expres avyse,
consent, and assent of the said Sir James his father," on the one part, and " Sir
Francis Wauchop of Nuddre-Merschell, Knyt, with the expres avyse, consent
and assent of Williame Wauchope, his father brother," on the other, ao-reed that,
" forsamekiU as the said Sir Francis hes contentit, payit, and delyverit realie and
with effect, to the said Sir James Sandilands, divers grit sowmis of money for
performeing of certane his necessar effairis and bissiness, quhairof he granttis the
ressait, and haldis him weill content and satisfeit, and for him, his airis, execu-
touris and assignayis, exoneris and quytclamis the said Sir Frances his areis and
executouris of the samen be thir presentis for ever," dispones to the said Sir
* Great Seal Register, t Niddrie Charter Chest. J He does not appear ever to have been knighted.

59
Francis heritably and irredeemably, " aU and hail the lands of Niddrie-Merschell,
alsweill tua pairt as thrie pairt thairof, with the maner places, houses, biggingis,
yairds, orchard, dowcotis, mylnis, multures, coills, coilheuchis, annexis, connexis,
pairtis, pendicles, tennentis, tennendris, service of frie tennentis, togidder with the
advocatioun, donatioun and ryght of patronage of the kirk or chapeU of Niddrie-
Merschell, and all thair pertinentis lyand within the sheriffdome of Edinburgh,"
&c, the whole "to be haldin of the said Sir James Sandilands." The contract
farther bears that Sir James Sandilands, his spouse, and son, had already removed
themselves, their families, "guids and geir," from the lands of Niddrie-Merschell,
and that " Sir Francis, his familie and guids" had already entered into posses
sion.* This agreement was followed by a charter of " restitution in favour of
Sir Francis Wauchope of Niddrie-Merschell, Knight," 1st June 1609.f
Confirmatory of what is stated in the family MS. notes as to the pecuniary
difficulties of Francis, there is in the charter a comprising by James Sandilands
(son and heir apparently of the Knight of Slamanno) against the Land of Niddrie
" Francis, noiv Sir Francis Wauchope of Niddrie," 7th August 1612 ; also a
charter following this comprising, 20th Sept. 1612, and a sasine thereon, 12th
October 1613. The claims against Sir James SandUands, superior of Niddrie,
were probably operated upon against the Laird of Niddrie in this manner.
Amongst the family papers there is a " Ratificatioun of a tack of the teinds
of Niddrie-MerscheU to Francis Wauchope of Niddrie, and Jeane SandUands, his
spouse, by John, commendatour of Holyrood, conforme to the tack and assedacioun
made be Adam, Bishop of Orkney, his father, to umquhiU Robert Wauchope of
Niddrie," Sth July 1599. Sir Francis died at Holy Island, on his way home from
Holland, where he had a commission in the Dutch service, but in what year we
have not discovered. Dame Jean SandUands, widow of the Laird of Niddrie, was
ahve in 1631, in which year she is mentioned in a contract between John
Wauchope, her son, and Mr James Sandilands, commissary of Aberdeen, in refer
ence to the lands of Niddrie-MerscheU, which had been comprised from Sir
Francis Wauchope, Knight, in favour of Sir James SandUands, in 1612. Mr
Sandilands resigns all claim to Niddrie-Merschell, with consent of his wife,
Katherine Paterson, and their son, Thomas SandUands, 9th Aug. and Sth Sept.

* Niddrie Charter Chest. Francis is here styled Sir Francis ; and in a later document (1612,) he
is spoken of as " Francis, now Sir Francis," from which it would appear that he had been knighted about
that period. f Great Seal Register. I Niddrie Charter Chest.

60
Sir Francis and his lady had seven chUdren, the eldest of whom was —
1. Sir John, who succeeded.
2. Francis, a captain in the army. He was twice married : 1st to Helen,
daughter of John Winrahame* of the Winrahames of Libberton, and
Elizabeth Alexander of Menstrie, by whom he had —
1. John, a colonel in the army. " Colonel Wauchope's regiment" is re
peatedly mentioned in the public documents of 1688-9.f In Foun-
tainhull's Notes, alluding to the Privy Counril — it is said, " 15 Maij
16SS," the Chancellor produced, among others, "ane letter [from the
King] reduceing two companies out of Douglasse's regiment, and
adding them to Collonell Wauchop's." He took part with King
James, and fought against King WUham in Ireland. He was one of
the principal officers under Sarsfield. After the Treaty of Limerick,
he went abroad and distinguished himself both in the French and
Spanish service. He was killed in the war of Catalonia in 1694.
He had deposited a bond for 600 merks, granted by the Laird of
Niddrie and Sir Robert Milne, in the hands of his cousin, Lord
Edmonston, to be delivered to his sister, Helen Wauchope, wife of
Captain Robert Young, after his death. The sister having prede
ceased the Colonel a few months, Captain Young, for behoof of his
son, had himself confirmed executor dative to both the Colonel and
his wife. This, however, was resisted by the nearest of kin — the
half-brothers and sisters of the deceased parties} — on the ground that
the Colonel had changed his intention after the death of his sister. §
2. Francis was also in the army, and followed the fortunes of his royal
master. He was equally distinguished with his brother. He was
alive in 1712, in which year a letter to his cousin, James Wauchope,
at Niddrie, is preserved. || Though frequently wounded, he died in
his bed, Governor of Kayleart, in Sardinia, in the Spanish service.
* He was a merchant burgess of Edinburgh. Sir John Wauchope of Niddrie, Mr George Winra
hame of Libberton, William Wauchope, merchant, burgess of Edinburgh, and John Nicoll, W.S. were
her curators, from whom Davidson and Kinneir, merchants, had 3000 merks of her money on bond
in 1650.
t Acts of Parliament. J Niddrie Charter Chest— Petition to the Lords of Council and Session, 1695.
§ There is an order in his hand-writing to pay his father " at the end of November, thrie munth's
pey," and to continue the same quarterly, addressed to the paymaster of the forces, and dated 3d October
UiSS.— Xiddrie Charter Chest. I| Niddrie Charter Chest.

61
3. Helen, married to Captain Robert Young. Died in 1694.
4. Ehzabeth, married, first, to George WiUes, quarter-master of his Majesty's
Life Guard. The contract of marriage is dated in 1665.* She mar
ried, 2dly, into the RiddeU famUy: "Contract matrimoniaU betwixt
William RiddeU, lawfull sonne to umquhile Sir Walter RiddeU of that
Ilk, Knight, and Elizabeth Wauchop, rehct of umquhile George Wills,
quarter-master to His Majestie's lyfguard of horss," 2d Feb. 1070.
5. Margaret, married to John Maxwell of Carss. The contract of marriage
was drawn up, 9th Aug. 1678, and registered in 1682. He had not
attained his majority at the time, and was under tutors, but he en
gaged to implement the contract, by which his future spouse was to
be infeft in an annual rent of 600 merks.f
Capt. Francis seems to have hved chiefly at Niddrie, and to have acted
as Bailie over the barony. His first wife, Helen Winrahame, was alive
in 1G70, when her name occurs, along with that of her husband, in a
legal document, entitled "Lowsing of arrestment — Francis Wauchop
and his spous contra Winrahame and Smith.} Previous to this she is
repeatedly mentioned in bonds and other papers along with her hus
band. He married, 2dly, Ehzabeth MaxweU, of the Herries family.
She was daughter to Edward Maxwell, brother of the Lord Herries.
By this marriage, which took place before 1676,§ he had —
1. Edward.
2. Alexander.
3. Ehzabeth,|| married to Thomas, second son of James Sinclair of Roshn.l
4. IsobeU.
Francis Wauchope and others had the escheat of John Johnstone of
Elsicsheills, for which they gave their back band in 1687. In "the
testament dative," made and "given up be John Luttfutt, wryter to
the Signett, as specially constitute," as curator of the family, the death
of Capt. Francis Wauchope is said to have occurred in 1690 ; but this
could not be the case, because his name appears in connection with
* Niddrie Charter Chest. f lD'd. — Regis, minute of contract, 1682. $ Ibid, § Document in ibid.
II There must have been two daughters of the name of Elizabeth in Captain Francis' family. The
first Elizabeth was twice married in her mother, Helen Winrahame"s life-time — and in the testament of
" Captain Francis Wauchope, brother-german to the Laird of Niddrie and the deceased Elizabeth Max
weU" Edward, Alexander, Elizabeth, and Isobel aie mentioned as " the laufull children procreat betwixt
the saids umquhile Capt. Francis Wauchope and Elizabeth Maxwell, spouses." — Niddrie Charter Chest.
If Douglas' Baronage.

62
certain law proceedings as ahve in 1693.* He is referred to as the
late Capt. Francis before 1698. His relict survived him tUl Nov. 1699.
She and her daughter, Elizabeth, are mentioned in several legal docu
ments as living in the Canongate. By his wUl 2000 merks were left to
Edward, and 6000 more were to be divided between the three. The
money was chiefly out on bonds. The heirs of Francis are the last
nominated in the deed of entail executed by Andrew Wauchope of Nid
drie in 1698, at which period he is spoken of as the " deceased Francis
Wauchope, my father brother."
WUham. There is a band from Robert Heriot to WUham Wauchop,
merchant burgess of Edinburgh, 1644. He married, before 1649,
Ehzabeth Alexander, relict of John Winrahame, merchant burgess of
Edinburgh. In 1653, they brought a charge against the representatives
of the deceased Mr George Winrahame, one of the senators of the Col
lege of Justice, for a bond granted to them in 1 649, for the sum of three
thousand five hundred merks — also as security for the annual rent of
eighteen thousand merks, provided to her by her contract of marriage with
her first husband, and payable by her deceased son, James Winrahame
of CurriehUl. In 1658 there is a discharge and assignation by WUham
Wauchop and his spouse to the magistrates and community of Edin
burgh, and Mr George Gibson. WiUiam Wauchope died in 1665. His
latter-wUl is dated the 4th November of that year. He left his widow
sole executrix, on condition of her discharging Sir John Wauchop of
Niddrie-MerscheU of 1000 lbs. Scots of annual rent, which he had be
come bound to pay her, in the event of his death, by virtue of their
marriage contract. His relationship to Sir John is clearly stated in a
suspension by his widow against Mr John Finlay, Procurator Fiscal, in
1666. That functionary had charged her to give up to the Commissary
Court an inventory of her husband's effects, and to pay the " ordinar
charges of confirmatioun." In her suspension she states that " hir said
vmquhile husband being restand to his creditors great sowmes of money,
for payment quhairof he wes forced to engadge Sh John Wauchope of
Niddrie MarschaU, knight, his brother germane, cautioner for him, and
being unwilling to suffer his said brother to be distrest for any of the
saids sowmes, he, long before his death, disponed his haiU moveables,
* Niddrie Charter Chest.

63
goodis, geir, and vtheris, perteining, or that sould pertein to him the
tyme of his deceis, to the said Sir John Wauchope."* His widow seems
to have survived him several years. In 1682, "WUham Wauchope,
tailzour burgess of Edinburgh," resigns a number of papers, bonds, and
other securities, to Captain Francis Wauchope, which the latter had
sometime before assigned to him in trust. This William was probably
a son of WiUiam Wauchope who died in 1665.f
IX. Sir John Wauchope of Niddrie-MerscheU, as elsewhere observed, was a
person of great prudence and sagacity, and managed to restore the broken for
tunes of the family. He at the same time continued to take an active part in
pubhc affairs, down almost to the very close of a long and useful hfe. He suc
ceeded his father, Sir Francis, probably about 1632, in which year (21st Jan.)
he had a charter from Charles I. of the lands and barony of Niddrie-MerscheU,
wliich charter was ratified by Act of Parliament in 1641.} In 1642 he married
Anna, daughter of Sir Andrew HamUton of Redhouse, next brother to Thomas
Earl of Haddington. Among the family papers there is a charter by John
Wauchope, to Anna Hamilton, in life-rent, of a mansion at Niddrie, and certain
annual rents, 3d August, 1632, and a sasine thereon in her favour as his "spouse
affianced," 6th August 1632. On the 13th of the same month and year, he again
grants a charter to Anna HamUton, his spouse, in life-rent, of his mansion in
Niddrie, and certain annual rents. The " contract of marriage betwixt the hon-
norabUl Johnne Wauchope of Niddrie-MerscheU, and Anna HamUton, dochter of
the Ryt. HonnorabUl Sir Andro HamUtone of Redhouse, knyt, one of the senators
* The following singular paper no doubt refers to the deceased : —
" At Edinburgh, the twentie day of July jm vi<= ffyftie sewine years. It is aggreit betwixt Wil
liame Wauchope, lait baillie of Leith, burges of Edinburgh, on the ane pairt, and Mr James Cheyne,
writter to the Signet, on the other pairt, in mainer following : That is to say, in caise it sail happen the
said Mr James Cheyne to be lawfullie maryed, in face of haly God's worde, as the Kirk requyres, be
twixt and the last of November nixt, in that caise the said Wm. Wauchope binds and obliges him, his
airis and executours to pay and delyver to the said Mr James, his airis, executours and assigneis, the
sowme of ten punds sterline, upon the nixt day of the said Mr James Cheyne his solemnizatioun of his
mariage, but langer delay — and in caise it sail happen the said Mr James no to be laufullie married in
mainer forsaid, betwixt and the forsaid, in that caise the said Mr James bindis and obleiges him and
his forsaids to content and pay to the said Wm. Wauchope and his forsaids the lyke sowme of ten punds
sterline money forsaid, immediatlie efter the dyet abovementioned, but langer delay. And heirto baith
the saids parties binds and obliesses thame to utheris in the surest forme that can be devysed, and the
pairtie failzing binds and obleisses him to pay to the pairtie observing, or willing to observe, the sowme
0f money forsaid as liquidat expenses aggreit upone to be susteint thairupone by and
attour the fulfilling of the premises. And for the mair securitie to the pairties, consents thir presents
to be registrat in the buiks of the hie court of justice," &c. This document is duly signed and witnessed.
f Niddrie Charter Chest. + Acts of Parliament.

64
ofthe CoUedge of Justeice," is dated 3d August 1632. By this marriage there
wore — 1. Andrew, who succeeded.
2. John of Edmonston. He was christened, it is said, when Charles I. was in
Scotland, in 1633. The King, it is added, was present at the ceremony,
and took from his own neck a beautiful gold and enamel chain, which
he placed round that of the child. It is stiU in possession of the family.
He was bred to the bar, and promoted to the bench, by the title of Lord
Edmonston, 14th Nov. 1682. He married Anne, only daughter of
James Raith of Edmonston, and succeeded to the estate of which he had
a crown charter in 1671.* When the penal statutes were ordered to
be put in execution in 1688 he resigned his seat. At the Revolution,
those in the adminstration were so convinced of his integrity and legal
knowledge, that they offered to restore him to the bench, but he
declined. Lord Fountainhall, in his notes, relates that in a case in
which the celebrated Dundee was concerned, he reproved that nobleman
severely for having spoken rudely and in warmth to the Chancellor
when in court. By his marriage he had two sons and several daughters.
The eldest of the latter was married to Patrick Don of Altenburn, son
to Sir Alexander Don of Newton, Bart, the second, to John WaUace
Biggar, of Woolmet, jthe third to Carre of Cavers, the fourth to Ker of
Frogden, and the other three died unmarried. J John, the eldest son,
succeeded in 1709 ; and Andrew, his brother, who was brought up to
the bar in 1720. Both dying without issue, the estate devolved upon
the eldest daughter, who had two sons and four daughters. The eldest
of the daughters was married to James Durham of Largo, in 1708 ; the
other three died unmarried. She was succeeded by' her eldest son,
John Don, who assumed the name of Wauchope. He died without
issue in 1732, and was succeeded by his brother James, who also
assumed the name of Wauchope. He married in 1733, Christian,
daughter of Sir John Inghs, Bart, of Cramond, by whom he had two
sons, and two daughters. ' John, who succeeded, married, in 1766,
Anne, eldest daughter of John Erskine of Dun/ Patrick, the second
* Elizabeth Raits, younger, lawful daughter of umquhile James Raits of Edmonston, had sasine of
an annual rent of six hundreth merks yearly, from the lands of Niddrie-Merschell, granted by Sir John
Wauchope and his sons Andrew and John, 4th April 1667. This was no doubt as a provision for the
younger sister of the heiress of Edmonstone.

65
son, was a Lieut-Col. in the army. The two daughters remained un
married. James, the eldest son of John, died in his father's life-time.
John succeeded his brother. ' David, who was in holy orders, became
rector of Workton in Co. Northampton. He married, 1st, Mary, eldest
daughter of Sir WiUiam Dick, Bart, of Prestonfield, by whom he had
one son who died young ; 2dly, Anne, fourth daughter of Andrew
Wauchope of Niddrie-MerscheU ; and by her he had a son, David, and
two daughters, viz. Alice, died young ; and Anne. He himself died in
1 826. John succeeded, on the death of his father, in 1810. He married,
in 1S15, Henrietta Cecilia, second daughter of Sir James Gardiner
Baird, Bart, of Saughton HaU, and had issue, John, his heir, and three
daughters, Henrietta Mary; Anne Erskine; and Jane Cecilia.
John, the present proprietor of Edmonston, succeeded in 1837. Arms
of Edmonston same as those of Niddrie, quartering those of Rait.
3. Margaret, married to Andrew Ker of Cavers. The " contract of marriage
betwixt Andrew Ker of Cavers, and Margaret Wauchope, eldest daughter
of Sir John Wauchope of Niddrie," is dated 1st April 1652. FoUowing
this contract there is a " sasine to Margaret Wauchope, of ane annual
rent of 3000 merks furthe of the barony of Bedroull, tennandrie of
Caverse, MUrig, and Peilquarters, Belches, Woodenis, and Pendicle
HU1, 21st and 22d Aprile 1652."*
4. Anna, married to Francis Scott of Gorrenberrie. " Matrimoniall contract
betwixt Francis Scott of Gorrenberrie and Anna Wauchop, youngest
lawfull daughter to Sir Johne Wauchop of NiddriemarscheU, Knight,"
29th Oct. 1668.f Amongst the famUy papers there is a discharge by
Francis Scott of Gorrenberrie to Sir John Wauchope for ten thousand
merks, for which he gave band, with security, as tocher to Anna, his
daughter, 23d August, 1670.
On the 18th Dec. 1643, Sir John resigned "the lands and barony of Niddrie-
Merschell, and tennandrie of Tounyettam," in favour of himself and his son,
Andrew :} and on the 6th Dec. 1644, there was a charter by Charles I. "in favour
of Sir John Wauchope of Niddrie-Merschell, Knight, in hfe-rent, and Andrew
Wauchope, his eldest son, and the heirs male," &c. of the lands and barony of
Niddrie-MerscheU, with the house, gardens, orchards, miU, multures, coals and
coal-works connected with it, and the patronage of the chapel adjacent. Also
* Niddrie Charter Chest. f Ibid. % Ibid.

66
the lands of Tounyettam, Chirrietrees," &c. The instrument of sasine, foUowing
upon this charter, is dated 10th Dec. 1644.*
WhUe active in pubhc affairs, Sir John exercised great judgment in the
management of his estate, and was, in the course of time, enabled to repair the
inroad which had been made upon it. In 1644 (24th Aug.), he computed for the
teinds of Niddrie, by paying the sum of £487, 4s. Scots.
His first lady being dead, Sh John married, secondly, Dame Jeane Ker,
relict of Sir John Ker of Lochtour. The contract of marriage is dated 16th June
1652. By this contract she was to have one thousand merks yearly after the
death of Sir John, independent of any other provision that might be made for
their chUdren. She had sasine of the manor place of Lochtour, and of a yearly
annual rent of 1200 merks, to be uplifted out of the lands and barony of Loch
tour, 19th Dec. 1642.f By this marriage there was a son.
James, who was served heir of provision of his father, by the second marriage,
22d October 1685.} He had 30,000 merks assigned him by his father,
in " fuU satisfactioune of aU he can claime for his portion naturaU, or
be his mother's contract of marriage otherways."§ After his father's
death, he and his mother resided for some time at Cherrietrees. He
claimed the estate of Lochtour, but lost his plea in the Court of Session.
He appears to have joined Dundee, and probably fought at KUlicrankie
in 1689. "James Wauchope, brother to the Laird of Niddrie," occurs
amongst those summoned to appear before a committee of the Estates,
" to answer for their treasonable ryseing in armes and joyning with the
Viscount of Dundie, a declaired rebeU," May 15, 1689. || He died, pro
bably abroad, before 1698, leaving a son, Andrew, who is mentioned in
the bond of entad executed by Andrew Wauchope of Niddrie-MerscheU
in 1698, as the next in order of succession, failing the decease of John
Wauchope of Edmonston and his heirs.l
The lands of Lochtour were acquired chiefly through wadset. The Kers got so
overwhelmed with debt and law expenses, that it became impossible for them to
retain the property. Overdue bonds, in numerous quarters, kept pouring their
legal streams incessantly against them. A number of the debts had been paid or
purchased by Sir John. He had, for instance, a bond, by John Rhind, over
Lochtour in 1641.** Sir John Ker of Lochtour granted him a wadset right of
the estates, redeemable for 25,000 merks ; following which there was a disposition
* Niddrie Charter Chest. f Ib»d- J Gen. Retours. § Niddrie Charter Chest.
II Acts of Parliament. f Niddrie Charter Chest. ** Ibid.

67
by GUbert Ker of Lochtour of the lands and barony of Lochtour, to Sir John, 4th
Dec. 1651. He was finaUy induced to make a purchase of the entire property.
This was not arranged tiU after the Restoration, in 1660, on their returning from
witnessing which joyful event, in London, the worthy knight and his lady paid a
visit to Lochtour, when the matter was talked over. In consequence of this
arrangement, he had a disposition of the lands and barony, by GUbert Ker and
others in 1661, and an assignation and discharge from the same parties in the
same year.*
Sir John had a charter from Charles II. of the barony of Niddrie-MerscheU,
and the lands of Toimyettam united, in favour of himself and son, dated 17th
January 1662. Tins charter dispones the barony of Niddrie, and confirms the
charter granted by Sh Jolin Ker to GUbert Ker, his son and heir, and Jean
Inglis, his spouse, 26th September 1649.f FoUowing his purchase of Lochtour,
Sir John had sasine of that barony, 25th Feb. 1663. He had also a charter of
certain lands, with the brewery in Over Currie, 13th June 1663. The union of
the baronies of Niddrie and Lochtour seems to have been a temporary measure.
In 1665 (2d June) he had a charter from Charles II, uniting the town and lands
of Townyettam, lands of Cherrietrees, Bennetsbank, Hayhope, and others, with
their parts and pendicles, into one barony — the barony of Lochtour ; also erect
ing the toun of Yettam into a burgh of barony.} There are various sasines of the
lands composing this united barony in the charter chest, from 1666 to 1674.§ In
1668 (20th June) Sir John had "Instrument of resignation and perpetual re
nunciation, by Margaret Ker, daughter of the late Sh John Ker of Lochtour, and
Richard Liermont of Whytelawhouse, her husband, of the lands of Tounyettam
and others." In 1681 there was a " procuratorie of resignation betwixt the
Lands of Niddrie elder and younger, in favour of themselves and their heirs."||
FoUowing this they had sasine, on precept of the Lords of Exchequer, of the
* Niddrie Charter Chest. f Ibid. t Fbid.
§ Niddrie Charter Chest. — One Anthonie Roswell, Englishman, a merchant in Leith, had advanced
considerable sums on bonds and otherwise to the Kers of Lochtour. These he assigned over to Helen
Hamilton, daughter of the late John Hamilton of Boghall, 25th April 1653. These were translated
and disponed to Anna Dowglas, Lady Boghall, May 1664. This lady Boghall bought up several other
debts against the Kers, all of which she disposed of to Sir John Wauchope, 19th March 1679. Follow-
in<» this sale there is an " Inventor of the writes and evidents of the lands of Lochtour, Tounyettam,
Sunisyde, and others, delivered up be Anna Dowglas, relict of vmquhile John Hamilton of Boghall,
conforme to the letters of dispositione granted be her to Sir John Wauchope of Niddrie-MerscheU,
Knight and Baronet, of the deat of thir presents, and whilks are to be made furthcumand to him in
manner after mentioned," 19th March 1679. The above refers wholly to the various bonds and the
Wal proceedings upon them. Sir John purchased the estate with these obligations upon it.
I| Niddrie Charter Chest.

68
lands of Niddrie-Merschell and Lochtour, 14th Jan. 1681. Again they had sasine
of Niddrie-MerscheU, and of the lands and baronies of Lochtour and Tounyettam,
proceeding upon a precept of Charles II, 21st Oct. 1681.*
Sh John died in January 1682.f By his wiU, dated 24th of April 1665, he
ordained his " corps to be buried in [his] awine buriaU place in Niddrie ChapeU."
Before his death he had, by a regular disposition, conveyed the estate to his son
and heir. It was registered 1st April 1682.
X. Andrew Wauchope of Niddrie-MerscheU. He married, in 1656, Mar
garet, eldest daughter of Sir John Gilmour, Knight, of Craigmillar, President of
the Court of Session. Tho " contract of marriage, betwixt Andro Wauchope, fiar
of Niddrie, and Margaret GUmor, daughter of Sh John GUmor, advocate," is
dated 4th Sept. 1656. Upon this contract, Sir John Wauchope granted his son
Andrew certain lands and a mansion in Niddrie, with other subjects, 20th Sept.
1656. The sasine which followed upon this grant bears to have been "given by
Sh John Wauchope of Niddrie to Andrew Wauchope, fiar of Niddrie, and Mar
garet Gilmour, his promised spouse," the gift consisting of " a mansion and dwel
ling-house in Niddrie, and annual rent of 3000 merks yearly, to be uplifted out of
the barony of Niddrie-Merschell," 20th Sept. 1656. From another document we
learn that the parties were married October 2, 1656, and that they had 19 chUdren,
born between 16th Oct. 1657, and 9th January 1684. They were as foUows : — }
1. John, bom at Monkton HaU, Oct. 16, 1657.
2. Anna, „ „ Dec. 18, 1658.
3. Margaret, ,, in Edinburgh, Jan. 21, 1660.
4. Janet, „ in Niddrie, Nov. 22, 1662.
5. Andrew, „ „ Oct. 20, 1663.
6. George, „ „ Nov. 23, 1664.

7. Jean, „
8. Barbara, „
9. Ehzabeth, „
10. John,
11. Janet, „
12. Francis, „
13. Alexander,,

Feb. 23, 1666.
May 23, 1667.
Sept. 10, 1668.
Feb. 18, 1669.
Feb. 9, 1670.
June 12, 1672.
Oct. 20, 1673.

14. Helen, born at Carberrie.
* Niddrie Charter Chest. + Ibid.— Extract of his will from the Com. Records.
1 List in Niddrie Charter Chest.

69
15. Christian, born at Niddrie, Feb. 1, 1676.
16. Agnes, „ „ April 13, 1677.
17. Wilham, „ „ Sept. 19, 1678.
18. James, „ „ April 13, 1680.
19. GUbert, bom in Edinburgh, Jan. 9, 1684.
Andrew Wauchope had a disposition and assignation of the lands of Lochtour
and others, by Patrick Scott of Thirlstane, dated 9th Feb. 1657. This proceeded
upon a comprising by Scott of Thirlstane.* Andrew, who, unlike his father, was
a Roman Cathohc, managed his affairs with much prudence, and generaUy had
considerable sums out at interest on bonds. Amongst the latest of his transactions
in this way is an acknowledgment to the town of Dundee for the receipt of ten
thousand merks, and " ane thousand pund Scots," in payment to account of ten
thousand merks principal and interest, which he had lent to the burgh. The docu
ment is dated 10th Aug. 169S.f He experienced considerable annoyance with one or
two vexatious, though Ul-founded law-suits, in ah of which, however, he was success
ful. The first was the claim of his half-brother, James, to the lands of Lochtour,
which he rested on the plea that they were conquest during his father, Sir John
Wauchope's second marriage. It was raised in 1682, and after a full production
of papers on both sides, Andrew Wauchope of Niddrie obtained a decreet of de
clarator " against James Wauchope, his brother, and his mother, finding and declar
ing that the said Andrew Wauchope has the only right to the lands and barony of
Lochtour," 20th Feb. 1683."} The narrative of facts upon which this judgment
rested is thus given in one of the papers by Mr Cuninghame, advocate : " That
before this marriage [the marriage of Sir John Wauchope with Dame Jean Ker
in 1652] Niddrie's condition was such, viz. He had his own old estate of Niddrie,
and ane wadsett of 25,000 merks upon the lands of Lochtour, which, in anno
1643, were resigned in favoures of himself in lyf-rent, and of this Laird Niddrie,
his sone, in fie, with libertie reserved to himself to redeeme and alter, wherupon
infeftment foUowed. As also he had ane irredeemable dispositione of the lands of
Lochtour in anno 1651, whereupon no infeftment foUowed. And he had also
considerable sums of money oweing to him. But it is to be remembered, that
the estate of Lochtoure was comprysed about the year 163S from Sh John Ker
of Lochtoure, father to Gilbert Ker, the disponer, and which comprysing came in
the person of Sir John GUmour, and that the same estate was thereafter com
prysed be several personis from Gilbert in the year 1653, and subsequent yeares,
• Niddrie Charter Chest. f Ibid. t Ibid.

70
and the deceist Niddrie and this Niddrie his sone haveing, in anno 1656, sub-
scryved certane articles of a contract of marriage betwixt young Niddrie and Sir
John GUmour's daughter, one of the articles was, that as to any money pertaine-
ing to Niddrie by bond, infeftment, or otherways, he was to reserve to himself
25,000 merks, as also the tocher, which was other 25,000 merks, to be disponed
upon as he thought fitt for his lady and children ; and as for the rest of his
money, he was to assigne the same to his sone, reserving his lyf-rent, and out of
the readiest thereof his debts were to be payed ; and because, in the contract of
marriage there was not ane particular assignatione made of the debts, the deceist
Niddrie was obleist by a paper apart to make assignationes and rights to the
debts under the provisiones forsaid. And after young Niddrie's marriage, in the
year 1657 or therby, the right of that old compryseing, and severall other com-
pryseings, came in the persone of the young Laird of Niddrie, and about that
time he gave a declaratione to his father, declareing that the rights were acquyred
to his father's behove, and that he should denude thereof in favours of his father
when requyred, provideing alwayes the samen should not be prejudiciaU to the
articles of the contract of marriage. And in anno 1661, this Niddrie and GUbert
Ker, and several other persones, did resigne the lands of Lochtoure in favours of
the deceist Niddrie, whereupon he was infeft. And in anno 1681, the deceist
Niddrie resigned the lands of Lochtour in favours of this Niddrie."* It was
farther contended that although he acquired some comprisings and wadsets after
his marriage, yet he had as much money due to him before his second marriage
as would have purchased these comprisings, and he was bound " to purge the
wadsetts and compryseings with the pryce, at least to acquyre them so as GUbert
the disponer, his persone and other estate, should be free of those debts and dili
gences." And "considering the children's provisione that he payed, and the
20,000 lb. which is assigned to the sone of this marriage, his estate is no better
now than it was before the marriage." Next year, 1684, there were certain
articles of " agreement betwixt the Laird of Niddrie and Dame Jean Ker, rehct
of Sh John Wauchope of Niddrie," by which she was, in terms of her marriage
contract, allowed 1000 merks yearly during her life, "the house in Niddrie sett
by her husband," with five hundred merks of gratuity, and the third of the house
hold plenishing, her interest in Cherrietrees, the property of her son, WiUiam
Ker, not to be prejudged. Thereupon followed a contract between the parties,
containing a general discharge, by her to him, dated in 1685.f
* Niddrie Charter Chest. + Ibid.

71
The next annoyance in this way was at the instance of John and Rachael
Iver, heirs of the family of Lochtour, begun in 1692.* It appears that an
arrangement had been entered into by Sir John Wauchope for the purchase of
that property several years before it was actually implemented. Deeds were
drawn out, by which, over and above the debts against the estate, he was to give
his bond, for behoof of the famUy, to a certain amount. This bond — to Lady
Lochtour and her chUdren, dated in 1658 — had been extended, and lay in the
hands of James Don, factor or intromitter for the Kers, but was never fuUy com
pleted, and Sir John had given up all thoughts of the purchase, tiU again induced
to enter into a new arrangement in 1661. By this agreement he gave a new
bond to Lochtour for ten thousand merks, and the property became his own.
After the lapse of thirty years, the old bond cast up, and John and Rachael Ker,
heirs of Gilbert Ker of Lochtour, the last laird of that name, were advised to
bring an action against Niddrie for the amount, denying that any annual rent or
principal had ever been paid. This led to a somewhat protracted process, and
the production of much evidence, documentary and oral, on both sides. Amongst
others examined for Andrew Wauchope of Niddrie, was Robert Montgomerie,
whose evidence was taken on the 25th Jan. 1693. He had been a servant of the
late Sh John Wauchope of Niddrie for twelve or thirteen years. He had been
at London with Sh John and his lady in 1660, the year of the Restoration. The
deceased GUbert Ker of Lochtour and his lady were then living at Lochtour, and
from 1661 to 1665 or 1666, he paid to Lochtour, and to the lady, after his decease,
by the order of Sir John, the annual rent of ten thousand merks. "In 1666, or
thereby, the deponent, with other servants of the Laird of Niddrie, did carrie a
considerable soum of money in bags to the tavern which is now called the Black
Bull tavern, and then caUed the Black Turnpicke, on the north side of the street
of Edinburgh, quhere the said umquhUe Laird of Niddrie, and the Lady Lochtour
and her friends wer mett, and to the best of the deponent's memory, the Lairds of
Covington and Inglis wer ther, and which baggs of money were disposed of ther,
but does not particularly know quhat soum of money the baggs amounted to," &c.t
Old Lady Niddrie, then 70 years of age — had previously given her evidence (28th
July 1692.) She spoke of having been in London with her husband in 1660, "the
same year that King Charles the 2d was restored," and said that they called at
Lochtour on their return, when the proposal of purchasing the property was renewed.
* Niddrie Charter Chest.
t How different the mode of settling accounts in these days compaied with the present. Banks
were not then instituted in Scotland.

After having fully shown the utter groundlessness of the claim against him,
Andrew Wauchope obtained a decreet of absolvitor against John and RachaeJ
Ker, 25th July 1694. He appears, at the same time, to have been annoyed by
the parties for some time afterwards. Rolled up with the papers preserved in
this process, is the foUowing letter from "Pa. Chalmers," dated "Edinburgh, the
31st August 169S," to "the much honoured the Laird of Niddrie," in which he
says, " According to my promise, I have at last brought the poor gentleman,
bearer hereof, and his sister, to comphance with you ; and therefore I confidently
expect you wUl use them discreetly, (as there is not the least ground to doubt of
it,) it being wholly referred to you. P.S. I am persuaded, since it is in charity
that you give them anything, that it wiU not be the worse for them." There is
also a letter from John Ker to the Laird of Niddrie, in which he attributes the
"woeful difference that has been amongst us" to his "simplicity," and throwing
himself and his " perishing family" upon his generosity.*
There is another, but not important law process, arising out of the connec
tion between the Niddrie and SandUands families It appears that the Laird
of Niddrie had been appointed trustee on the estate of Robert SandUands, a
minor, son to the late Mr John SandUands, merchant in Edinburgh. There was,
it would seem, very httle to intromit with, and the laird was much troubled in
making advances. Moved chiefly by his tutor, law proceedings were commenced
as early as 1691 ; and in order to get rid of their importunity Niddrie granted a
bond for £100 to Robert Sandilands and his tutor, in lieu of aU claims, 13th Feb.
1694; and received a discharge accordingly. -j- Notwithstanding, Robert Sandi
lands sends to the Laird of Niddrie a very humble letter, in 1701, requesting the
loan of a httle ready money, and promismg to return the bond, when he came of
age, as he knew it had been wrongously obtained. How this matter was arranged
does not appear, but Robert Sandilands assigned over his affairs to one Robert
M'Kell, 26th August 1703, and from him the laird obtained a discharge, in fuU,
28th Sept. 1703.} He had a decreet of absolvitor against Sandilands and M'Kell
in 1694. He had a "tack of the teinds of Niddery-MarishaU, for nineteen years,
from and after Lambmass, 1698.§
Andrew Wauchope of Niddrie had executed a bond of entaU, 27th May 1698,
in favour of himself, and at his decease, of Alexander, his eldest son, whom faU-
* Niddrie Charter Chest. f Ibid.
X In 1711 there is a registered ratification and discharge, by Robert Sandilands to "the Laird of
Niddrie, John Hamilton, and remanent purchasers of the western stone tenement, at the Bull's-Squair,
alias Miln'°-Squair." § Niddrie Charter Chest.

73
ing, of WUliam, his next surviving son. Alexander having died in 1705, WUham
became fiar of Niddrie ; but as he was a Roman Cathohc, and the Act passed against
the growth of Popery in 1700 being stringent, prohibiting any one of that rehgion
either from acquiring or succeeding to property, or even acting in the capacity of
tutor, and as no resignation had foUowed the bond of entail, it became difficult to
see " what mode WUham Wauchop, now younger of Niddrie," should " take to
establish his right of the lands and baronies mentioned." Among the famUy
papers there are numerous legal queries and answers in reference to this knotty
point. The result of the professional dehberation employed was the execution of
what is called a " Loosing from the TaiUzie," by " the Laird of Niddrie, in favour
of WiUiam Wauchope, his eldest son," 9th August 1710. It was thought, as
advised by counsel, that, in consequence of the death of Alexander, a new bond
in favour of William would, in effect, carry the settlement back to a period
anterior to the Act of 1700. By this renewed bond he was loosed from the
restricting clauses of the former, empowering him to seU or dispose of the lands
as freelv as the entailer might have done, but maintaining them in all their strin-
gency over the other heirs of entaU. The parties nominated after WiUiam were,
James, his third son, and GUbert, his fourth son ; the heirs of aU of whom failing,
his brother John, of Edmistoun, now deceased, " Andrew Wauchope, only lawful
son to the deceased James Wauchope, his brother, the heirs male descending of
the body of the deceased Francis Wauchope, his father's brother," &c*
Andrew Wauchope died on the 10th February, leaving only three sons out
of the nine. His spouse, Margaret Gilmour, pre-deceased him, having died 22d
Oct. 1705. 1. Wilham, who succeeded.
2. James, a merchant in Edinburgh. He married, 20th April 1710, Jane,
daughter of Sir WUham Wallace, Bart, of Craigie, by a daughter of
Wilham Menzies of Pitfoddles, and had —
I. Andrew, b. 24th May 1711, who succeeded his cousin Andrew.
2. WUham, b. 12th July 1714.
3. James, b. 12th June 1715, died in Aug. following.
His wife never properly recovered the last birth, and died 5th Dec.
1715. He resided in Niddrie House after the death of his brother in
1711. There is a letter addressed to him by his cousin, Francis, dated
" Marseilles, 8th May 1712," in which he says, " I was already informed
* Niddrie Charter Chest.

74
of ah you mention regarding your nephew, and of your taking the house
and estate of Niddry into your own hands, which I was extremely glad
of, and approved of the motives that obliged you to it." In rehgion he
was a Roman Cathohc, and could not publicly act as tutor to his nephew.
He died before the succession of his son, Andrew, in 1726.*
* A leaf, cut out of an old pocket book belonging to him, throws much light upon the family history
at this eventful period. It is as follows : — " Memorandum for Jean Wallace. My brother William was
married 25th April 1705. Do. year dyed my brother Alexander, 24th September ; buried at Niddrie
25. Same dyed sister Cragy,* buried at Niddery, 26th. My mother dyed 22 Octo, requiescant — Lady
Nidd. yor. was brot. to bedd of a sone, Christened Andrew, 22d Aug. 1706. I was married, 20th Apryll
1710 to my dearest J. Wallace. My father dyed ye 10th Feb. 1711. William's wyff, 5th Appr. 1711.
My wyff was brot. to bed of a sone, Xened Andrew, upon Corpus Xtis day, 24 May 1711. My brother
William dyed ISth June 1711, in 34 year of his age : his son taken to Edmiston ye Munday follow
ing, 25th, to be. . . . Miss Margt. Wallace, my wyff's sister by the father, and my niece by her
mother, died at Nidderie, 19th March 1712. My wyff was brot. to bed of a sone Xened William,
12th July: of another, 12th June ffH, Xened James: dyed Aug. fol.; and my wyff, ill recovered of
this, heaving dyed 5th December same year, to my great grief."
The following is in the same handwriting : —
" Inventaire of Jewels and other things of value belonged to my wyff, contained in her Japanned
Box, Xber. 20th, 1715.
Impr. a large breast jewel, divyds in three containes :
No. 1. A bigg cutt diamond in the middle, valued at . . £10 0 0
2. 4 ditto viz, one above the biggest above, one below, and one at right, and
another at left, 50s. piece, . . . . . . 10 0 0
3. 6 ditto less, viz, one at the topp of all, one at the bottom, 2 upon the right,
and two upon the left utmost, valued at . 8 0 0
4. 4 ditto betwixt the middle bigg ones, No. 2, . . . . 2 0 0
5. 62 little diamonds upon right and left of the wholl, and round the largest one
in the middle, valued, . . . . . . 12 0 0
In all 77 dymonds, ... ...  £42 0 0
A gold enambled picture caise, which has upon one 1yd 7 emeralds, twelve rubies, and a
hanging doun pearle, valued at . . . . , . 5 0 0
A gold needle for the haire, upon the topp of which a large sapphire, three dymonds at each
syd of it, and 10 small ones in a cronn above. In all 16 dymonds, valued at
A lairge cround gold heart for a relick caise, weighs 1 ounce 3 drops,
A pair of bracelets sett with rubies and pearle, and 5 small dymonds in each of them sett in
gold enambled, the whole valued at
A gold belt buckle, sett with 11 rubies round, .....
A brilliant dymond ring, consisting of a large in the middle, 10 round it, and two upon each
syde of the shank, cost me new at London 12 guineas,
A cround anckre sett with rubies and gold enambled, with inscription,
A lugg ring, sett with rubie, .....
A Roman Cornelian head sett in gold, ...
A Zizar caise, sett with rubies and traced with gold,
3 string of curel braseletts, valued .....
2 string ditto smaller, .....
A pearle necklace, 4 gangand, two pearle braceletts, valued at £89 3
* His sister Elizabeth was the second wife of Sir William Wallace, Bart, his father-in-law.

4 10

0

4 15

0

1 7 10

0

2 15

0

t 12 18

0

2 0

0

0 7

6

0 15

0

2 5

0

3 0

0

0 8

0

4 0

0

10

3. Gilbert. In a paper, dated Niddry Place, 6th July 1711, entitled
" Queries to be proposed to Sir WiUiam Baird," and the other tutors,
as to certain matters concerning the family, he is styled "the Doctor,"
having been brought up to the medical profession. These queries are
interesting, as affording considerable famUy information. It appears
that the old laird, Andrew, had designed "to send his youngest son,
Doctor Gilbert, to London, for his accomplishment," and to allow him
.£50 sterling yearly, by way of paying the expense of his journey, and
keeping him there until " he should faU in business or imployment."
This was "by and attour his bond of provision," which did not bear
interest till after the old Laird's death. " WUham, after his father's
death, in lieu of what his father had promised, aggried to pay the Doctor
80 lib. sterling, as also to give him a horss, and be at the expense of his
journey to London. And accordingly, in the beginning of Junij 1711,
he outreiked the doctor to London, and gave him the horss, as also
10 guineas, to defray his charges on the road; and ordered him at his
arriveall to draw bUls on Niddry for 20, 30, or 40 lib. at severaU times,
which Niddry engaged to pay at sight, judging it more easie and also
convenient to pay the whoU 80 hb. by degrees, raither than the wholl
at once, which was aggried to by them both, as Mr James Wauchope
and John Riddoch* can declair. But Wilham dyeing within two weeks
after the Doctor went to London, he got only the 10 guineas advanced
and the horss." The query put to the tutors was as to " securing the
pupUl and his curators" for paying the said £80 stg. to the Doctor.f
4. Barbara, married to Sir George Seton of Garlton, or GarmUton, Hadding
tonshire. The contract of marriage is dated in 1686.} There are
several papers in the charter chest at Niddrie concerning this famUy.
Amongst others is a disposition (18th Aug. 1721), by which Sir George
sets apart 15,000 merks to be divided amongst his younger children.
This he does in virtue of a previous disposition, 12th Jan. 1705, granted
by him of the lands of GarmUtoun-Noble and Garmiltoun-Alexander,
with the " tower, fortahce, manor place, and other pertinents, to and in
The above is so valued as sett doun by Mr Ch. Duncan, jewler, and Mr Carr, goldsmith in Edinbr, so
is noted by me, J. WAUCHOPE."
James Wauchope, the writer of this, Beems to have been much attached to his lady. Amongst other
relics there is a Uttle box containing a lock of hair labelled, " Tate of my wyff's, Mrs Jean Wallace's
haire, taken of her head after she dyed, in Campbell's Land, Canongat, ye Sth Xber. 1715."
* Riddoch seems to have been a confidential servant. t Niddrie Charter Chest. X Ibid.

76
favours of Dame Barbara Wauchope, Lady Garmiltoun, for her lyfrent,
therein exprest," in which it is made "leisum and lawfuU for George
Seton, his eldest son, and his other sons and heirs," to burden the said
lands with the sum above-mentioned, as a provision for the younger
chUdren. George Seton, yr. of Garltoune had, in 1712, given his
mother, Dame Barbara Wauchope, Lady Garltoune, a back-bond for a
thousand merks which she had assigned to him. Besides George, there
was another son, James, and three daughters, who appear in the papers
at Niddrie House : 1. " A discharged account, Mrs Margaret Seton,
Lady Gairltoun's daughter, to Excrs. of Alexander M 'Vicar, merchant,
Edinburgh, 1731." 2. " Contract of marriage betwixt John Arrot, of
Foffartie, in Forfarshire, and Mrs Mary Seton, daughter of the deceased
Sir George Seton of Garleton, Bart, 6th March 1733." Mrs Mary had
sasine of an annuity of 1000 merks from the lands of Foffartie, following
on the above contract, 27th June 1733. 3. Andrew Wauchope of Nid
drie grants a hfe-rent bond of £30 stg. yearly " to Mrs Barbara Seton,
daughter of the deceased Sir George Seton of Garletoun," 13th Dec.
1734. This seems to have been a gratuity.*
5. Ehzabeth, married to Sir WiUiam Wallace of Craigie, Bart. In a " fac-
torie," empowering John Riddoch to act for him in certain matters, in
1698, he says — " I, Sir WUham Wallace of Craigie, ffor myselff, and in
name and in behalff of, and as taking the whoU burden in and upon me
for Dame Elizabeth Wauchope, my spous," &c.f She was Sh Wil
liam's second wife. James, her brother, as he himself states in his
notes, married a daughter of the Knight of Craigie by his first union.
Between the Craigie and Niddrie families there was a strong bond,
originating in the political feeling of the times — both being attached to
the Cavalier party. Sir WUham fought under the banner of Dundee at
KUlicrankie.
, . 6. Agnes. She was alive, and had a house at SUver Craigs, near Glasgow,
in 1711, when she and her husband^had a decreet of aliment against
Andrew Wauchope of Niddrie and his tutors.}
XI. WUham Wauchope of Niddrie-Merschell. He married, 25th April
1705, Margaret, eldest daughter of Gilbert Menzies of Pitfoddles. The contract of
marriage is dated the 3d and 24th April of that year.§ WUham being then the
* Niddrie Charter Chest. + Ibid. J Ibid. § Ibid.

It

second son, she was allowed by that contract 1200 merks Scots money as a join
ture. On the death of Alexander, when WUham became heir, a "band of
annuity and jointure" was executed by the Laird of Niddrie in 1708, by which
the allowance was increased to 2500. " Margaret Menzies, Lady Niddrie," had
sasine on the charter of resignation which foUowed this, on the 20th March 1710.
WiUiam is said to have given very considerable promise when young, and
being the seventh son, in point of birth, was probably educated with a view to
some of the learned professions, possibly the church. The MS. notes of the family,
from which we have repeatedly gleaned, were written by him in 1700. In the
same hand, smaU and neat, we have before us a memorandum-book of twenty-
eight pages, entitled " Accompt of money debursed by me since I came from Scot
land, in October 1698." It has no name attached, but the writing is evidently
the same. He would then be in his twentieth year, and was residing at Leyden,
for the completion of his education. The first items refer to money given to the
seamen, after landing, and his expenses at Campvere. The memorandums are
strictly confined to his outlay in travelling expenses, lodging, refreshments, &c.
The sums are in Dutch money. From Campvere he went to Leyden, where he
matriculated. He however, visited the Hague, and Rotterdam. From certain
entries it would appear that his younger brother, James, was also in Holland.
He says : — " For the fetching of my money and hat from Rotterdam, 9 stivers." —
" For the hat itself, quhich James took of my money at Rotterdam, 5 guelders."
Some of the other entries are curious. — " For traceing my hat with gold thread,
13 st." — "To a ship- wrecked Scotsman, 3 st." His brother does not appear to
have accompanied him throughout his stay. At Leyden, he says : — " For a letter
from the Briel from James, 3 st." — " For a letter from my brother at Angeir, 7
st." — "For a bottle of the Q. of Hungary's water, 10 st." — "For renewing my
name in the University books, at the meeting of the new Rector, 2s. and Is. to
the beddaU, 18 st." " Being the first day of Lent, for dinner, 9 st. 7d."— At the
Tennis Court, 5 st. 4d." " At the Anatomy HaU, &c. with Mr Paterson, 5 st.
6d." The last item occurs on 10th Aug. 1699. — "To a poor priest, 5 gu."
WUham does not seem to have possessed robust health, and he died rather
suddenly, on the 18th June 1711, in his thirty-fourth year. His lady predeceased
him on the Sth April of the same year. They left a son —
Andrew, only five years of age at the time, having been bom on the 22d
August 1700. He was taken to Edmonston, on the Monday following
his father's death, where his youthhood was passed. He was killed, it is
said, in a duel, whUe abroad, in the 20th year of his age. He was

buried at Padua. In a right to a burying place, granted by the Prior
ofthe Monastery of Padua, dated 5th February 1726, he is erroneously
caUed "AUessandro" in place of Andrew, although rightly enough
described as of the family of Wauchop of Niddrie, of the Scottish
nation.*f
Before his death WUham granted a disposition and assignation omnium bon
orum, in favour of his son, dated 3d May 1711 ; and on the 27th June he made
his testament, nominating ten tutors, "wherof fyve Protestants and fyve Papists."}
This gave rise to a new difficulty, in consequence of the Act against Papists for
merly mentioned. James, the uncle of the young Lahd, who resided at Niddrie
House, was one of the Popish tutors. The latter were legally incompetent. The
opinion of counsel was that the Protestant trustees, forming a quorum, were
entitled to act, just as if the others had refused or died ; and on the 2d July
1711, Sir WUham Baird of Newbyth, and John Baird, younger thereof; John
Wauchop of Edmiston ; Andrew Wauchop, his brother-german ; and John Don
of Altenburn, petitioned the Lords of Council and Session to be empowered to
act as tutors of " Andrew Wauchop, now of Niddry."§ This petition was of
course granted.
With the view, no doubt, of making a settlement as to the moveables, most
of the effects at Niddrie were disposed of by pubhc sale at this time. The follow
ing is a statement of what was left : —
" Inventair of household furniture belonging to Nidrie, and left in the man
sion presently possessed by Master James Wauchope, brother-german
to the deceast Wilham Wauchope of Nidrie Marischall.
" Imprimis — there is in the large haU, or dyning roume, the haUl furniture con
tained in the principall inventar given up by the tutores, excepting the pendulam
cloak, and a standing painted table, which was sold at the roupe.||
* Document in Charter Chest.
f There is no mention in this document, which is in the Italian language, of the manner in which
he came by his death. It is simply a precept of right to a piece of ground for sepulture  " d'un
sepolcro et epitafio" — for private use, which the prior and the other two authorities who subscribe the
document, promise shall not be disturbed. t Charter Chest.
§ The other parties nominated by the deceased were— Charles, Earle of Traquair, James Wauchop,
merchant in Edinhurgh, " Mr Gilbert Wauchop, Doctor of Medicine, my brother-german," «¦ Margaret
Irving, Lady Pitfoddells, my mother-in-law," "William Menzies of Pitfoddells, my brother-in-law "'
(" the said James Wauchop, my brother, being always one ").
II The furniture of the large dining-room, according to " principal inventar,'" consisted of—
" 1 large oval folding table.
1 other round painted table.

79
Item, the haill furniture in the drawing roume, as contained in the principal
inventar. Item, the haiU furniture in the green roume, conform to the forsaid inventar,
excepting the japanned painted cabinet, which was sold.
Item, the kitchen chimney, with tonks, raxes, with pore [poker] and shuffeU,
and fixed table, with amries, and another table, and old folding table, and bed in
the kitchen, and a bigg chimney in the woman house and raxes.
Item, in the lardner tuo large aiks and a hanging ambrie.
Item, the inner cellar is conform to the said inventar.
Item, a large copper caldron."*
A number of letters addressed by this Laird of Niddrie to Charles Menzies
of Kinmundie, W.S, Edinburgh, were preserved by that gentleman, and are now
amongst the other family papers at Niddrie House. Menzies was his law agent,
and probably some relation of his wife. The label, in his handwriting, with whicli
the letters are tied up, is curious —
" I keep thes letters which past betwixt WUham Wauchop, younger of Nid
drie, and me, which wUl shew our intimacy and intyre friendship, after I am dead
and rotten, and will very much indicat his pleasant temper and happy genious.
" This written 7th May 1712, having that day cleared accompts with his
only sone's tutors, who were alleadged to be nominat in Niddrie's testament, very
much suspected of forgerie ; and either his name putt thairto after his death, or
the persons' names insert in the blank after his death, as may easily be beheved
by any who knew Niddrie, and reading over the persons' names who could mannage.
However I hope his memory will be fresh as long as any laird in Lothian who
lived contemporary with him. Cr. MENZIES."
14 dozen of cane chaires, 2 whereof arm'd.
1 other arm'd chaire kane.
2 other ditto not armed.
4 gilded sconce candlesticks.
1 carved painted flower pott.
2 piece old arras hangings.
1 Large Chimney, tongs, shuffle, pockre.
1 Fyne long bass.
13 Fyne pictures ofthe family and freindes.
4 Taille-douce in black frames.
The " inventar "' is dated 6th May 1714. Another " inventaire," in the same book, written by James
Wauchope, uncle of the minor, Andrew, is dated 20th of December 1715. In this list all the articles
which were sold are pointed out. * Niddrie Charter Chest.

80
" Niddrie both told me, and wroat to me of his forme resolution of a quyte other
nomination of tutors to his sone then now appears ; and that a very few weeks
before the dait of this now pretended testament and nomination."
Menzies had evidently been much disappointed in the nomination of tutors.
The letters extend from August 1708 to Feb. 1711. They refer chiefly to busi
ness — Niddrie being engaged at the time in a case, apparently of some im
portance, in which the Earl of Aberdeen was concerned. He frequently aUudes
to his want of health. On the 14th Dec. 1708, he says, "I have been these two
days a sweating, and if that come on me again to-morrow, I must stay at home,
tho' I had the freedum of speaking." He had not been able to speak a few days
before. It was nothing uncommon then, it would seem, to intercede with the
judges privately as to the cases before them ; and he adds : — " I doubt not, how
ever, of the diligence of every one, and hope it shall turn to good purpose ; and
as you were pleased to offer your help with Lord Forglan, so you may doe like-
ways with Lord Fountainhall and others ; and every one should be spoke to."
The letter of Dec. 17 appoints, if agreeable, a meeting with Menzies and some
legal friends, at Baihe Smart's, Fisherrow, on the Saturday foUowing, to partake
of a fish-dinner, and talk over matters. He again speaks of his being an invalid,
Jan. 29, 1709. The letters are generaUy written in a free, jovial spirit. The
foUowing may be taken as a specimen :-^
" Dear Charlie, Since your meeting is uncertain (a hen dang the pen out
of my hand e'en now, and blew out the candle) I'm not sure of my being with
you either, if Dr Pitcairn* come out, as perhaps he may to-morrow, and as you'l
hear from himself and determine accordingly. His patient wiU be soon, (I hope,)
very well, after a great risk, and your orders about his horse shaU be obeyed. I
have not had time to consider of his business, for the bearer pretends great hast,
and you must needs think of three trysts or meetings — I'm probably able to keep
one and no more. However, Miln would teU you, and George Preston wiU, my
mind in the matter. To-morrow early I shaU get notice of you, and am,
Dear Sir,
In the Gardner's, Your most aff. humble servant,
Niddrie, Jan. 20, 1710. "WM. WAUCHOPE."
" Pay the post."
The following is the only one in which he alludes to the preference of the
Niddrie famUy for the "old religion :" —
* The celebrated scholar and wit.

81
" Dour Charles, If your conveniency can allow, I shall be glad to see
you here to-morrow before dinner, in order to which my palfreys wiU wait on
you. The kirk designs to pester us, and for a clearance I desire you may bring
along with you the Acts of Parhament that relate to demolisheing of us black
Papists -. at least, if you don't come, send me out tho last Act, tho' I would much
rather discourse on the matter with you. Believe me,
D. Charlie,
Niddrie, Dec. 2, 1710. Yor. most affect.
Wm. WAUCHOPE.
"They ar well caparassan'd and warlike horses."
Jan. 26, 1711, he complains of being so hoarse as to be hardly able to speak.*
XII. Andrew Wauchope, son of James, the brother of Wilham, and grand
son of Andrew, the old laird, succeeded his cousin in 1726. The precept of Georo-e
I. " in favour of Andrew Wauchope of Niddrie-Marshall, as heir of the deceased
Andrew Wauchope of Niddrie-MarshaU," is dated 11th March 1726. In "the
claim of Niddrie's special service," he says, "I, Andrew Wauchope, now of
Niddrie- Marishall, say unto you, that the deceased Andrew Wauchope of Niddrie-
MarishaU, my uncle's son by the father' s-side, dyed last vest and seased as of fee
at the faith and peace of our sovereign Lord and King, in all and haiU the lands
and barony of Niddrie-Marishall, as well the two parts as the third part of the
same, with the mannor place, houses, biggings, yeards, orchards, milns, multures,
coals, coal heughs, annexis, connexis, parts, pendicles  with the
advocation, donation, and right of patronage of the chappel of Niddrie-Marishall,
all erected into one entire barony, called the barony of Niddrie-
MarishaU . . " by charter of Charles II, 1681. The other properties
claimed are the lands and barony of Lochtour, consisting of the town and lands of
Sunnyside, Wideopen, Stankfoord, and Boighouse, with houses, biggings, &c. ;
the lands, town, and mains of the barony of Tounyettam, with the miln, miln
lands, multures, aud sequels thereof, houses, biggings, yeards, &c, with the patron
age of the kirk of Tounyettam ; also the three husband lands within the barony
of Tounyettam, which three husband lands formerly belonged to Gilbert Ker,
apparent of Lochtour, and to the deceased Sh John Ker, his father, and their
predecessors, and which whole lands are erected into a free barony, called the
barony of Lochtour, " whereof the mannor place of Lochtour is ordained to be the
* Niddrie Charter Chest.

principal message ;" also the lands of Tounyettam, caUed Bennetsbank, half of
tho husband land called Close and Bartisbrae, pendicles of the lands of Hayhope,
with the pasturage and privileges within the bounds of the lands of Kirkyettam ;
also the lands of Easter and Wester Ryesides, with two husband lands in Toun
yettam, extending to a four pound ten shUling land of old extent, lying within
the barony of Maxton, aU of which were incorporated with the barony of Loch
tour, as erected by Charles II. in 1662 ; and that under the special provisions
contained in a "bond of taUzie granted by the deceased Andrew Wauchope of
Niddrie-Marishall, my grandfather, in favour of himself in life-rent, and of the
deceased WUliam Wauchope, his eldest lawful son (my uncle,) and the heirs male
descending of his body in fee, which failing, in favours of the now deceased James
Wauchope, his second lawful son (my father,) and the heirs male," &c. 1698 ;
and in another bond of tailzie, granted by the deceased Andrew Wauchope of
Niddrie-MerscheU, dated the 9th Aug. 1710. In case of heirs male faihng, the
lands were to go to the eldest female heirs in succession, without division, their
husbands to assume the name of Wauchope. The deceased Andrew Wauchope
of Niddrie was last vest and seised in an annual rent of £1800 Scots, granted
by Sh William Sharp of Scotscraig, to be levied from the lands of Stoneyhill, &c.
(Musselburgh), also £42, 4s. Scots from a tenement in Canongate, buUt by the
said Sir WiUiam Sharp.*
The young lahd was not of age when he succeeded his cousin. He would be
in his fifteenth year. In 1728 certain claims were made against the represen
tatives of the late James Elphinstone, his chamberlain, in regard to his intro
missions ; and in 1730 (12th Feb.) he gave his bond, "with consent of his
curators," to Patrick Murray of Cherrytrees, for £1150 stg. as the price of the
lands of Halter Burnhead, Yetholm, which bond was paid on the 1 0th of March
the same year.f He acquired the lands of Frogden and Blacklawes, in 1733, as
appears from an " Instrument of the Resignation of the lands of Frogden and
Blacklawes, and others, by Christian and Barbara Kers, sisters-german to the
deceased John Ker of Frogden, with consent of Doctor Alexander Scot of Thirl -
stain, husband to the said Barbara, in favour of Andrew Wauchope of Niddrie-
Merschell," 29th March 1733. This was confirmed by a crown charter dated
12th Feb. 1734, upon which sasine foUowed, 18th March of the same year. He
had a tack of the teinds of Niddrie-Merschell, 13th Feb. 1738.}
Andrew Wauchope married Helen, daughter of the Hon. Sir Andrew Home,
* Niddrie Charter Chest. j- Ibid. J Ibid.

83
of Kimmerghame, son of Patrick, first Earl of Marchmont. The contract of
marriage is dated in 1734.* The issue of this marriage were —
1 . Andrew, the heir.
2. WiUiam, mentioned in the bond of provision by Andrew Wauchope, elder
and yoimger, in favour of Jean and Margaret Wauchope, 23d Dec. 1776 ;
and in the Resignation and Taillie, 22d July 1778. He entered into
a contract of wadset with his father, in September, 1763, by which he
advanced £4000 on the lands of Frogden, &c. Of these lands he had a
charter of resignation from his father, 23d Feb. 1764. The wadset was
disponed by Wilham to Henry Jones, 13th July 1771, and by this
party to Mr Mackenzie, W.S, in 1771. The wadset was redeemed by
Andrew Wauchope of Niddrie in 1775. f
3. John, W.S, also mentioned in the above documents. He carried on
business for many years in Edinburgh.
4. Jean, mentioned in the bond of provision. She was married to Dr John
Walker, Professor of Natural History in the University of Edinburgh.
In 1803, a bond for an annuity was granted to them by the Laird of
Niddrie.
5. Margaret, also mentioned in the bond of provision.
Andrew Wauchope gave a charter of resignation in favour of Andrew, his son, of
the lands of Niddrie-MerscheU, &c. in 1778.} The Procuratory of Resignation
and TaUhe is dated 22d July 1778. The entaU runs in favour of "the said
Andrew Wauchope, my eldest son, and the heirs male descending of his body ;
whom failing, to William Wauchope, my second son, and the heirs male de
scending of his body ; whom faihng, to John Wauchope, Writer to the Signet, my
third son, and the hehs male descending of his body ; whom failing, to the other
heirs male and of taillie mentioned and described in the foresaid bond of taUlie
granted by the said deceased Andrew Wauchope of Niddrie Marischall, my grand
father." The baronies of Niddrie and Lochtour constitute the entail. §
Andrew Wauchope died 22d August 1784. His lady predeceased him. In
the burial vault of the family at Niddrie, a marble tablet, inscribed with a long
and wami eulogium, records her death at Bath, where she had been for her health,
and where she was interred, 30th Sept. 1780. She had been married 45 years,
and bore 15 chUdren. He was succeeded by —
XIII. Andrew Wauchope of Niddrie-MerscheU. He was a captain in the
* Niddrie Charter Chest. f Ibid- * Ioid- § Ibitl-

84
1st regiment of dragoon guards, and fought at the well-known battle of Minden.
In the baUad, composed by Sir Walter Scott, when George IV. visited Scotland
in 1822, entitled, "Carle, now the King's come," he is thus alluded to —
" Come, stately Niddrie, auld and true,
Girt with the sword that Minden knew,
We have o'er few sic lairds as you,
Carle, now the King's come."
He had a precept furth of the Chancery for infefting him as heir to his father in
the lands of Halterburnhead and Frogden, 17th October 1786. He married,
26th Sept. 1776, Alicia, daughter of William Baird, Newbyth, and sister of
General Sh David Baird, Bart, by whom he had —
1. Andrew, lulled at the battle of the Pyrenees, in command of the 20th
foot.
2. William, who succeeded.
3. John.
4. George, merchant in Leith, of the firm of Wauchope and Moodie. He
had a charter of the lands of Frogden from his father in 1811.
5. Robert.
1. AJice.
2. Helen, married to John Spottiswoode, of Spottiswoode. The contract of
marriage is dated 26th Oct. 1809.
3. Jane.
4. Anne, married to the Rev. David Wauchope, of the Edmonston family.
Andrew Wauchope had sasine of the lands and barony of Niddrie-Merschell, &c.
2d March 1808 ; and in 1811 he resigned them in favour of himself, in life-rent,
and of "Andrew Wauchope, armiger," his son, in fee, upon which sasine was
given the same year. He was succeeded by his second son —
XIV. Wilham Wauchope of Niddrie-Merschell, Lieut.-Colonel in the army.
He had a special retour as heir of his brother, Andrew, who was kiUed at the
battle of the Pyrenees in 1813, and an instmment of sasine thereon, 21st Jan.
1817. He married in that year, Elizabeth, eldest daughter of Robert Baird of
Newbyth, and niece of the Marchioness of Breadalbane. The contract of mar
riage is dated 9th Nov. 1816. He had issue —
1. Andrew, the present Laird.
2. Hersey-Susan-Sidney, married, in 1842, to George Elliot, Capt. R.N,
eldest son of the Hon. Admiral Elliot.
XV. Andrew Wauchope of Niddrie-Merschell, the present proprietor, suc
ceeded in 1826, being then a minor. He married, 26th March, 1840, Francos-

85
Maria, daughter of Henry Lloyd, of Lloydsborough, Co. Tipperary, by Harriet-
Amelia, his wife, youngest daughter of Sir John Craven Carden, Bart, of Temple-
more, and has issue : —
1. William, bom in Sept. 1841.
2. Harriet-Elizabeth-Frances.
3. Andrew-Gilbert.
4. Hersey-Mary Josephine.
Mrs Wauchope died at Harrowgatc. 25th June 1858.

3rms,
As matriculated in the Lord Lyon's Register, "Azure, two mollets in chief, and
in base a garb or ; Crest, a garb proper ; Motto — ' Industria ditat.' " The motto
now used is " Sta Promissis." It is rather surprising that the Armorial bearings
are not distinguished by supporters, the family being unquestionably at the head
of the house of Wauchope.

The name of Wauchope was much more numerous in Mid-Lothian two
centuries ago than it is now. There was a family of Wauchopes in Wester-
Duddingstone about 1044, an Adam Wauchope in Nether Carloury in 1573, and
numbers of them in Edinburgh and other towns in the district.

87

APPENDIX.
J)HERE are one or two papers in the charter chest at Niddrie, besides those
lUU already quoted, which may be interesting, We are not aware that the
following is by any means common. I.
OLIVER CROMWELL'S INSTRUCTIONS TO HIS SCOTS COUNCIL, 1655.
Instructions given by his Highnes with the advise of his Counsell to his Highnes Coun
sell in Scotland, for the government of that nation.
It being necessary for the government of Scotland and the affaires thereof, that a Counsell
be established, his Highnes reposing trust in doth appointe you
or you, to put in execution the said instructions.
1. That the saids Counsell, with all speed, shall repaire into Scotland, and informe
themselves of the state of the country, and consider for settling the peace, good govern
ment, and maintaining the union and interest of this commonwealth.
2. The said Counsell are to endeavour the promoting and preaching the gospell, and
the power of true rehgion and holynes there, and take care that the vsuall mainteinance
be received by such ministers and persons that pious are and welaffected to the present
government, quahified with guifts for preaching, instructing the people in godlynes and
honesty, and shall be approved according to an ordoure of 8 August 1654, entitled an
ordoure for support of the Vniversityes there, and that the publique schooles there be
supplyed with able and welaffected schoolmasters, and compettan countenance and encour
agement to such.
3. That the Counsell by themselves, or such as they shall appointe and judge fitt,
when the said Counsell shall have to visitt and reforme the Vniversityes, colledges, schooles
of learning there, and to suspend such statutes, ordours, customes in them as they find
agreeable to the good of the people, and consistent with the government of the Common
wealth, and to consider and propose to us how the same may be supplyed for the encour
agement of godlynes and learning, as also to remove such as shal be found scandalous, or
not submitt to the authority of the Commonwealth and the present government, and to place
in their roomes godly, learned, and fitt persons, by whom the honour of God. comfort and
good of the people may be advanced.

88
4. The said Counsell be authorised to remove out of any corporation, office, or place
of magistracy or authority there, any officers and magistrates, whom they find to be danger
ous to the Commonwealth, and disaffected to the present government, and cause other fitt
persons to be duely chosen according to their lawes and customes.
5. The said Counsell are by the best wayes and means they can to preserve the peace
of that nation, and that they may have right and justice duly administred. And to the
end the vnion with Scotland may be the more effectuall, the said Counsell are to give order
that the proceedings in all courts of judicature, and the administration of justice there be
agreeable and according to the lawes of England, as fully as the same may be done by the
power and rules of the said courts, judges and officers there ; and in such other cases, as
they find the same fitt to be done, and yet cannot be effected by the power and rules afore
said, they shall certifie the same to us or our Counsell.
6. The said Counsell are to have especiall care and regard to the publique revenew of
that nation, wherein our pleasure is that we be certified in particular
what the whole revenew in Scotland belonging to the Commonwealth doth amount unto,
together with the nature thereof, the manner, tymes of payment, by or out of any forfei
tures, lands, confiscations, escheats, customes, excise, or other yearly rents or profitts what
soever ; of all which with speed they are to transmit a particular account to us or our
Counsell, and afterwards once every yeare at least, that we may vnderstand the state
thereof. As also to represent from tyme to tyme to vs or our Counsell what may conduce
to the improvement of it.
7. The said Counsell shall use such wards for the recovery of such part of the revenew
as hath been concealed as they shall think fitt, or such as hath been delivered and made
away, and whether belonging to the Croune of Scotland, or to Bishopps, Archbishopps,
deanes, and chapters, or to any belonging to that hierarchy, or any other of right belong
ing to the Commonwealth, and improveing the whole revenew, for the best benefite and ad
vantage of the Commonwealth, and to cause all lawes to be put in execution for the leavying
and receiving the dutyes of Custome in Scotland, and take care that the whole revenew
aforesaid be leavyed, collected, and accompted for and issued forth in the way of the Ex
chequer of Scotland, as soon as may be conveniently.
8. The said Counsell shall consider of all wayes and meanes for lessening the pub
lique expenses of the Commonwealth there, of what kinds soever, wherewith the revenew
is charged, and offer their opinion to us.
9. The said Counsell authorised to send for in safe custody, and committ to prison
or otherwise restraine or take securely, all persons there whom they find opposing the
present government, or any way dangerous, as also to. release such as shall be by them so
imprisoned and restrained at any tyme when they see cause, for the advantage of the
Commonwealth, (are also authorised to remove from their places of residence, and send into
England, or such other places within the Commonwealth as they shall judge fitt, any person
whose residence in that place where they inhabite shalbe judged dangerous to the Common
wealth and peace of the nation, and may give license to such person so removed to returne
to their places of residence when they think fitt.)
10. The Counsell shall with all speed consider of the reducement of civill officers
imployed for the publique service to such numbers only as shalbe necessary to carry on the

SO
scrwice, and shall make an establishment for all sallaries of judges and other officers, with
respect to ease of the charge of the Commonwealth, and certifie the same to us or our Coun
sell ; ami for the space of six months from the date hereof the Counsell shall have power
by warrant vnder tlie^r hands and seale to charge the receipt of the Customes in Scotland
for the payment of the salaryes now payable to the judges, commissioners for sequestrations,
and other officers belonging therevnto, for defrayeing the charges of administration of
justice : and the overplus of the Customes, as also the monyes ariseing by assessment and
sequestrations in Scotland, for contingencies, accepting such of it as shalbe charged inouethlv
towards pay of the forces in Scotland, by order from us or our Counsell, or such other
persons as shalbe authorised for that purpose.
1 1. The said Counsell are authorised to transport or cause to be transported to anv
fforeigne English plantation, such of the enemies as are or shalbe in armes in that nation,
as shalbe in their power.
12. The said Counsell shall take care that noe Papish or disaffected person be in
structed or employed in the administration of justice, or in any office or place of trust.
And that no Papist be admitted to practice as counsellor of law, attornyes, or solicitor, or
to keepe schooles.
13. The said Counsell are authorised to erect, make use of, comand any presse or
presses for printing proclamations, declarations, orders, books or what they shall thinke fitt
for publique service, and to prohibit the use of it by persons or in cases where they see
cause. 14. The said Counsell are to give all due encouragement to the trade and coinerce of
that nation, and to advance manufactures and fisheryes there ; and consider of all wayes
for the improvement of it, for the advantage of the people, and the Commonwealth, and
certifie it to vs or our Counsell.
15. They shall, when and as often as they see cause, require from the Comander-in-
Chiefe, and also all civill magistrates, and other persons residing and being within their
power, protection, aide and assistance in the execution of these instructions, or any of
them, and they are required to be ayding to the said Counsell in their places and stations
respectively. 14th Aprill 55 passed.
[Certain passages are marked in the MS. from which we copy the foregoing, as if
bv one favourable to the Scottish national or Restoration party. The 5th article,
providing for the assimilation of the laws of England and Scotland, is particularly
underlined.] II.
There is a rather unique collection of Jacobite papers, connected with 1715 and
1745— consisting of pamphlets, in French and English, letters, proclamations,
&c. Most of them, however, are pretty weU known to the curious in these
matters. The following paper is perhaps an exception. It is a copy from
an original— less correctly written— supposed to be in the hand-writing ol
James VIII. himself, or of some of his confidential courtiers. The Ms, to be

90
sure, has none of the continental characteristics peculiar to the age ; but it
must be recollected that the Chevaher, though resident abroad from his
infancy, was carefuUy educated under Enghsh tutors, with a view to the
British throne. Be this as it may, the paper is a weU-drawn document, de
signed to prepare the public mind for the attempt of Prince Charles in 1745.
May 25, 1741.
I received in due time the letter or paper written by your friend in March last, with
an other short paper in the same hand that accompany'd it. I have perus'd both with atten
tion and satisfaction, and can easily remark in them a fund of experience and good sense, and
affection for our country and my family. I am no way surpriz'd that my character and
principles should be so little known, where neither I or my children have many occasions
of declaring our sentiments'. It's true we make no secret of them, but those who may be
acquainted with them are but too often under a necessity of concealing what they may
know on such heads. It would be a subject of just concern to me if any who profess my
religion should, by their writings or discourse, have given ground to attribute ill maxims
so contrair to its true principles as those mentioned in your friend's letter ; and if any of
my well-wishers in generall declare, in their conversation, for arbitrary power, they are
greatly against my sentiments and interest ; for as to those who are brib'd tools to support
the present arbitrary government, surely nobody can consider them as my friends, whatever
may be their professions. But these are inconveniencys and misfortunes for which I can
not be answerable, and to which I have but little in my power to put any remedy, while
the enemies of my family make, to be sure, the most of everything that can tend to our
disadvantage, and can do it without restraint. It is therefore no wonder that I should be
so much misrepresented, and so little known. Were our conduct in the town of R. put
in a true light, it would not a little contribute to dissipate the ill-grounded fears and
jealousies of many ; and as for my sincerity in what I may promise even during my exile,
I think, without having recourse to my present character, no doubt should be had on that
head by any reasonable man who rightly considers the situation of my family.
We have now been more than fifty years out of our country : we have been bred
up and lived in the school of adversity, unacquainted with flattery and power, which
always attend princes on the throne, and especially unacquainted with certain ambitious
views which are too common to them. If long experience teaches us how little we depend
on forreign powers, whatever the view of present interest may have formerly [induced] or
[may] hereafter induce them to undertake in our favour, our restoration no doubt would
be much more agreeable both to our subjects and ourselves, were it brought about without
any forreign assistance ; but should it happen that any foreign power contribute to place
me on the throne, it must be visible to all thinking men, that I can neither hope to keep
it nor enjoy peace and tranquility upon it but by gaining the love and affection of my
subjects. I am far from approving the mistakes of former reigns. I see and feel the effects
of them, and should be void of all reflection did I not propose to avoid them with the
utmost care. And therefore I do not entertain the least notion of assuming the govern-

91
ment on the footing my father left it. I am fully resolved to make the law the rule of
my government, and absolutely disclaim any pretensions to a dispensing power.
I am sensible that the ruin and oppression with which our country is distressed
may make the greatest of the people desirous of a change at any rate, but for my part, as'
natural and just as it is for me to desire that I aud my family should be restored to our
just rights, I am far, at my age especially, from desiring that should happen but upon an
honourable and solid foundation, cemented by a mutual confidence betwixt K. and people
by which the welfare aud happiness of both may [be] effectually secur'd. It is manifest
that not only justice, but the interest of the nation require my restoration, because I can
never have a separate interest from that of my country, nor any hopes of peace and tran
quility for myself or family, but by cultivating the affections of my people, and having
only in view their honour and happiness.
I am persuaded there are many persons of great talents and merit, who would be
of that opinion were my true sentiments and dispositions known to them, tho' they are
not at this time look'd on as well-wishers to my cause. Neither can I wonder they should
have prejudices against me. They have been bred up in them from their youth, and con
stantly confirmed in them by all the artifices imaginable; but I hope the time is not far
distant in which they [will] see things in a true light ; and if they lay aside all unjust
prejudices against me, and lay as much to heart as I do the prosperity and happiness of
our country, I make no doubt we shall be entirely satisfy'd with one another.
It is fitt your friend should know that I have by me a draught of a declaration, which
there never hath been an occasion to publish. This declaration was drawn up in conse
quence of the sentiments expresst in this letter.
It contains a generall indemnity, with [out] exception, for all that hath pass'd
against me and my family — a solemn declaration to maintain the Church of England, as
by law e3tablisbed, in all her rights, priviledges, and immunities whatsoever. And as I
am utterly averse to all animosities on account of religion, it also contains a promise to
grant and allow a toleration to all Protestant dissenters. I also express in it an utter
aversion to the suspending the Habeas Corpus Act, as well as to the loading of my sub
jects with unnecessary taxes, or raising of any in a manner burdensome to them ; and
especially to the introducing of forreign excise, and all such methods as may have hitherto
been devis'd and pursued to acquire arbitrary power at the expense of the liberty and pro
perty of the subject : and, besides, there is a generall article of my readiness to settle all
that may relate to the welfare and happiness of the nation, both in civil and ecclesiastical
matters, by the sincere advice and concurrence of a free Parliament.
In fine, were I known, and were justice done to my sentiments, it would, I'm con-
vine'd, make many alter their way of thinking, and induce them to concur heartily in
measures for my reign, as the most effectual manner to restore happiness and peace to our
country. I thank God I am without resentment against any body. I shall never make
any other distinction among my subjects, but such as true merit and faithfull services may
authorise and require. I have ever the greatest abhorrence of all dissimulation, and will
certainly never promise anything during my exile but what I shall perform after my
restoration.

92
III.
he romantic and perilous undertaking of Prince Charles Edward in 1745, called
forth many an effusion of the muse. We are not sure if the following i.s at
all common : —
VERS SUR LE DEPART DU PRINCE.
C'en est done fait, le sort contraire
Prince ! t'arracbe de nos bras,
Tu pars, une tete si chere,
N illustrera plus ces climats ;
C'est en vain qn'un grand Roy qui t'ainie,
Panni nous t'eut voulu fixer,
De son devoir la voix supreme,
Lui deffendoit de ballancer ;
II a du, vainqueur de lui meme,
A l'iiiti-ret de ses sujets,
Ininioler ses tendres regrets.
0 loi dure, mais necessaire !
0 perte qui nous desespere !
Cher Edouard ! si nos douleurs.
Nos plaintes, nos vceux, notre zele
A ton infortune cruelle.
Peuvent meler quelques douceurs
Sois le temoin de nos alarmes,
Sur nos fronts pales, abattues.
Cueille le prix de tes vertues,
Vois nos yeux arroses de larmes
Le tviste olivier de la paix,
Ecoute nos voix gemissantes.
Regretter les palmes sanglantes,
Dont Mars courronno't les Francois,
Mais ce n'est qu'une ame commune.
Qu'abattent les coups de destin.
Sur les faveurs cle la fortune
Tu portas un regard serein.
Vois de meme son injustice,
Montre toi par un fier dedain,
Superieur a son caprice,
Que manque- t-il ii ta vertue?
II n'est point d'eclat dont la globe,
Grand Prince ! ne t'ait revetu ,
Ton nom au temple de meuioire,
Du temps bravera la fureur,
Si tu n'as pas une eourronne,
L'uiuvers entier te la donne,
Ton empire est dans tous les coeuvs.

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1994

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