a codicil, added 30 Aug. 1795, in favour of the eldest surviving son and all six Part III. daughters of her niece, Helen (D.D. 147). I have not ascertained the exact date Chap. III. of her death, but as she was then already in her ninety-third year, it cannot have been long delayed. 2. Elizabeth Wedderburn, baptized in Dundee 10 Feb. 1705 (D.B. 54). She, too, is named in the disposition of 1733; in the sasine of 1737 (D.D. 105 ; D.P.B. 582) ; and with her sisters, Katharine and Clementina, as an executrix to their mother's will, 1756-57 (Br.T. 25). There is also a petition, 28 May 1753, by her and her sisters, Grizell aud Clementina, to the town council of Dundee for a declaration that a seat in the old church belonged to them, as against William Guthrie of Clepington, who claimed it (D.C.B. 193). She is named in the documents of 1757-58 (R.A.D. 179; D.P.B. 592), and was living 5 May 1759, when she made a settlement of all her property on her sister Katharine for life, and then on John Higginson, her sister's son, and Helen Wedderburn, her brother's daughter, equally (D.D. 126). She died, unmarried, between that date and 11 April 1763 (ib.). 3. Margaret Wedderburn, baptized in Dundee 14 Sept. 1714 (D.B. 68), the entry stating that the ceremony took place in the meeting house (i.e., the episcopal church), and was performed by Mr. Goldman. She is never named again and thus died young, as her name would otherwise occur with those of her sisters in the disposition of 1733 and later documents. 4. Grizell Wedderburn, not named in the Dundee Parish Register, and therefore presumably born and baptized elsewhere. She is named, however, with her sisters in her father's disposition of 1733 and the sasine of 1737, as well as in the petition of 1753 in regard to the seat in the old church. She died between May 1753, the date of the petition, and Oct. 1756, the date of her mother's death, as in one of the documents anent the cross dwelling in North Marketgait (D.D. 126), it is expressly stated that she predeceased her mother (D.D. 126). 5. Clementina Wedderburn. Of her baptism also there is no record in the Dundee Parish Register, but she is named in the 1733 disposition and 1737 sasine (ut sup.), as well as in the petition of 1753 (D.C.B. 193) and in her mother's will, 1756-57 (Br.T. 25). She was living early in Dec. 1757, when she made a settlement in favour of her sisters, Katharine and Elizabeth (D.D. 126; R.A.D. 179), but died unmarried before 11 Feb. 1758 (ib.), and was buried in Dundee (D.M.D. 56). Alexander Wedderburn [1711--1750 ?], second but later eldest and ultimately only surviving son of Alexander Wedderburn and Grizell Watson, was baptized in Dundee 19 May 1711 (D.B. 63). He is named as his father's eldest son in the disposition and sasine of 1733 and 1737 (D.P.B. 582; D.D. 105), and was resident in London by 1740, in which year, 21, 22, 27 March, there is a submission and decreet arbitral between him, shipmaster in London," and his mother, no doubt in regard to his father's estate (R.D. 334). He is then always called "shipmaster in London," while his father is "(late) shipmaster in Dundee, and sometime bailie there." He is, I think, the Mr. Wedderburn, for there was none other of the family then in London, to whom James Wedderburn "tooke boat on 27 Nov. 1746, to see if anything could still be done to avert the execution of his father, Sir John (post, chap. vii.). I have not ascertained the date of his death, but he was living at the birth of his daughter and only child, Helen, in March 1747, and died before 6 Dec. 1757, at which date he is spoken of as deceased (R.A. D. 179).3 4 He married, probably in London, but when or where I have not ascertained, Marion Stuart, daughter of John Stuart of Inverness, and by her, the date of whose death is also unknown to me, had issue an only child, 1 See post, p. 230, n. 2, as to these children. Their sister, Katharine. is not a party to this petition, probably because she was then resident in Perth. 4 Helen Wedderburn's great granddaughter (Mrs. Bell, Douglas Crescent, Edinburgh) tells me that Marion Part III. Helen Wedderburn, baptized at the church of S. Edmund, King and Martyr, Lombard She married at Edinburgh, in the Canongate, 22 March 1774, Dr. James Finlay of Bogside, near Glasgow (Can. M. €), and died 25 Nov. 1786 (Scot's Mag., p. 622) having had issue two sons and several daughters. It was in favour of her children that their great aunt, Katharine Wedderburn (Mrs. Higginson), made her will in Dec. 1786 and Aug. 1795 (D.D. 147). Pedigree showing descent from Alexander Wedderburn and Grizell Watson, 1702-1795. 1 The registers of this church, 1670-1812, have been transcribed by William Brigg, M.A., and privately printed for the transcriber, 1892. The entry of Helen Wedderburn's baptism is among them-"Hellen, daughter of Alexander and Marion Wedderburn." The notice of her death in the Scot's Magazine wrongly gives her age as 36, instead of 39. 2 I had some correspondence in 1891 with her grandson, Mr. Edward Bullock Finlay of Avebury, Calne, co. Wilts, who said that his grandfather was long resident in Jamaica and had also been guardian to his wife, Helen Wedderburn. He sent me the following account of her children. Their names were:Alexander, James (d. unm. at sea 1815), Marion, Elizabeth (d. 1860), Helen (d. 1847), Sophia (d. 1837), and Margaret (d. 1870). Of these only Alexander and Marion married. The son, Alexander (b. 1778, and d. 1836) was married (i.) 1810 to Justina Camilla Wynne, who d. s.p. 1816, and (ii.) 1825 to Lucy Anne Jones, by whom (d. 1856) he had issue two sons-James, d. young, 1834, and Mr. E. B. Finlay, my correspondent. In a letter, 2 Nov. 1891, he writes, "Helen Finlay, my father's mother, was a Wedderburn. I have two portraits of her and one of her mother. One of Helen is in oils by an unknown artist, taken at the age of 14 or 15. Another is a beautiful portrait in pastels, æt. 23 or so, in the attitude of singing from a music book, by Miss Read (post, chap. vi.). A family tradition says that George III. wished a copy, but the lady refused to make one for a Hanoverian usurper. The one of the mother may be a Romney. She was a Stuart." Mr. Finlay's list of Helen's daughters does not quite accord with that given in the will of their great aunt (D.D. 147), as he gives one Sophia not named in the will, and omits two, Hester and Catharine, who are there named. The one married daughter, Marion Finlay, married James Connell of Glasgow, and had issue, besides a son, John Connell (d. unm. 1875`, and five other children (d. young), three daughters, Helen, Madeline, and Marion, of whom Helen (d. 1889) married Capt. Granville Sharp (d. 1840), and had issue two sons and two daughters; while Marion (d. 1846) m. David Glas Sandeman of Glasgow, and had issue a son, John Glas Sandeman, and three daughters, one of whom, Marian (m. Henry Glassford Bell, advocate, and sheriff principal of Lanarkshire, 1867-74), has given me some of the information on which this note is based. PART III. CHAPTER IV. SIR JOHN WEDDERBURN (ELDEST SURVIVING SON OF SIR ALEXANDER OF BLACKNESS, KNT.), Part III. FIRST BARONET OF BLACKNESS, B. 1641, D. 1706. With an account of his descendants, extinct in male line on the death of his grandson, the third baronet, in 1723. (See pedigree at p. 237.) Sir John Wedderburn1 [1641-1706], first baronet of Blackness, eldest son of Sir Alexander of Blackness, Knt., and Matild Fletcher, was born 12 Feb. 1641 (Bl. 9), no doubt at Dundee. He matriculated at S. Andrew's in 1655 (S.A.R. 29),2 and seven years later, 13 Nov. 1662, was admitted an advocate to the Scotch Bar (Adv. Adm. 2).3 He was also admitted a burgess of Dundee by his father's privilege 15 May 1665, (D.L.B. 56), and must have been appointed the town's ordinary advocate before this date, as, though there is no record of his appointment, there is one of that of Mr. George Mackenzie "in place of John Wedderburn demitted," 5 Dec. 1665 (D.C.B. 112). I have not ascertained whether he made any mark at the Scotch Bar, but he is often designed advocate," and, 14 Jan. 1668, was counsel with his cousin, George Mackenzie, and his father-in-law, Mr. David Dunmuir, for Easter Powrie in his suit v. Dougal Macpherson, ante, p. 149 (S.W. 394) and acted also for Easter Powrie in a suit against him by Rachel Lindsay and her son, 5, 25 Nov. 1664 (S.W. 373-74). On his father's death, in Nov. 1675-76, he succeeded him in his estates and was executor to his will (Br.T. 15), and as his representative entered into the agreement (Bl. 43) with his uncle, Lord Gosford, in settlement of all differences between them as to the property of Sir John Wedderburn of Gosford (ante, p. 136).5 In 1683 July 19 (A.P.S. 55) he was appointed a clerk to the bills by Sir George Mackenzie of Tarbat, an office which he long retained and for his activity in which he was, twenty years later, created a baronet of Nova Scotia. His appointment was to half the office only, but he seems to have claimed the whole, and brought an unsuccessful suit, as "sole clerk of the bills," against Harry Oliphant, writer in Edinburgh, to produce his pretended gifts and writs anent the said office (R.A.D. 109). Oliphant, however, did not retain his office, as, 11 June 1685, David Graham, tutor of Gorthy, was appointed conjunct clerk of the bills for life with Blackness (A P.S. 55), who thereafter is often 1 Synopsis of References :-S.W. 344, 373-73a, 377-78, 394, 417. 424-26, 430, 455, 465-66, 479, 483, 496, 500-502, 507, 515, 529, 556; Bl. 1, 9, 10, 16, 18, 30, 43, 77 (3, 4); M.P. 1, 12, 55, 67, 86a; J.W. 35; S.A.R. 29; Adv. Adm. 2; D.C. 77, 78; D.L.B. 56; D.P.B. 498, 517, 519, 525-26, 540, 581; D.B.R. 477, 481, 494; D.C.B. 112, 118, 120, 125, 133, 145, 150; D.D. 12, 23-25, 31, 39-40, 42, 44-45, 50, 51, 62, 65, 69, 70, 71, 104; D.Dec. 6, 8, 13, 16, 22, 23, 28, 31, 32, 34-36, 38, 44-45; D.T.G. 2c, 34; D.M.D. 28; G.S.R. 122, 131, 133; A.P.S. 48, 55, 56, 58, 61; G.R.S. 35-36, 43-44, 55; F.S. 43, 49, 51, 54, 60, 61, 63, 69; R.D. 181, 187, 207, 209, 210, 213. 216, 217a b, 218, 224, 226-28, 233, 2346, 235-36, 2416, 242, 244-45, 2496, 253, 263-64, 277, 317a; RA.D. 101, 102, 109, 121, 123, 129-30, 142, 154-55; Br. T., 15; S.A.T. 10; D.B., 13, 15, 17, 19, 20, 22-28, 31, 34-41, 49 and note, 53; Ed. M. 5, 12, 20; Ed.B. note. 13, 15, 17, 21, 27. He is, I think, to be identified with the John Wedderburn, not designed, who witnesses a sasine 18 July 1652 (D.T.G. 3a), and is also "the... Wedderburn younger... (sic)" named as a witness 29 June 166 (S.W. 344). See also Catalogue of the faculty of Advocates from the Institution of the College down to the Revolution in 1688, taken verbatim from the "Ordiner Advocates since ye Institution of the Session" in Aikman's MS. Coll. in the Advocate's Library. Tracts relating to Scotland by Sir D. Dalrymple of Hailes, Edin: 1880. In this list he is called "Mr. John Wedderburne, afterwards clerk to ye bills." I do not find that he took much part in the town's affairs, probably through constant absence in Edinburgh in the exercise of his profession and office. He was on an assize with Easter Powrie and Kingennie 6 Feb. 1669 (D.B.R 477); on another assize with his father 7 April 1675 (D.B.R. 481); and after the death of his father was admitted a freeman of the skinners' and glovers' craft, 27 Sept. 1677 (D.T.G. 2c). 5 During his father's life he is, of course, often called "fiar," "apparent," "younger," of Blackness. See also Fountainhall's Decisions, i., 247, 256-57, 269. 7 There was other litigation about his office, as 23 Nov. 1686 "Mr William Eccles. Dr of Medicine, has a reduction and declaration v. Sir James Anstruther, Air, and Wedderburn of Blairhouse (sic), about a post in the bill chamber, whereof he ousted him." Fountainhall's Diary, p. 202. Mr. Macleod informs me that among the Bruce papers in the charter room at Kinross House (box vi., bundle v.) are two referring to (John) Wedderburn of Blackness, clerk to the bills, as holding a bond from Sir William Bruce. Chap. IV. Part III. Chap. IV. 66 called "clerk" or "conjunct clerk " or "one of the principal clerks to the bills.' He still had the office in 1698, in which year, 10 March, Sir Alexander Anstruther of Newark was apparently conjunct clerk with him and grants him a discharge "after compt and reckoning for his share of the emoluments of the said office up to date (M.P. 1; J.W. 3 b), and he is called clerk to the bills" on 8 Aug. 1701 (D.B. 53). I do not know if he retired from it before his death, perhaps he did so on being created a baronet. The patent is dated at Windsor, 9 Aug. 1704, and is in favour of him and his heirs male.1 It does not refer to his past or present tenure of office, but is granted in general terms "ob intaminatam ejus fidelitatem et integritatem " (Bl. 1, 77 (3); G.S.R. 133). His arms were soon after matriculated in the Lyon Office, 18 April 1705, and differ from those of his father by the addition in chief of two branches of laurel disposed in saltyre proper," the badge of Nova Scotia, and the motto "Spernit pericula virtus" in place of "Aquila non captat muscas " (Bl. 77, 4). Perhaps it was at this time also that his portrait, now at Pitfirrane, was painted by Sir Godfrey Kneller. Although largely resident in Edinburgh, he must have lived much at Blackness, where, as would appear from their baptisms being at Dundee but few days after their births, all his children, except his youngest son, were born. The barony had already been settled on him and his wife on his marriage, sasine following in May 1667 (D.Dec. 36; G.R.S. 35) and in the following year, 21 Oct. 1668, he got a great seal charter of Blackness, Logie, and some other lands, all to be held of the King in free barony on payment of £16. 15s. 10d. at Whitsuntide and Martinmas (G.S. R. 122). On this charter sasine was given about March 1669 (G.R.S. 36) while he got a ratification of it from parliament 22 Aug. 1670 (A.P.S. 48). In 1671, 11 Sept., his father disponed to him, "fiar of Blackness,” some houses in the North Argylegait, North Murraygait, and South Cowgait of Dundee (D.P. B. 517) sasine following 29 Dec. (ib. 519), and, 16 April 1673, his brother James resigned to him some acres "pertaining to the house of Fowlls," which he had himself resigned to James some four years previously, 18 June 1669 (F.S. 54, 60). Some other acres near Dundee were also at almost the same time disponed by Sir Alexander to John, with the consent of James (ib. 62). The possession of some holding in Dudhope brought his name, with that of his father, into the litigation (ante, p. 172, n. 1) between the Scrymgeours and Charles Maitland of Hatton, who granted the Wedderburns a discharge of all due to them 11 June 1673 (R.D. 181; and cp. S.W. 465-66). It also involved them in a more lasting suit with the town of Dundee, begun shortly before Sir Alexander's death, anent the rights in and over the Magdalen Yard, of which Blackness and the town each claimed the soil, while each conceded to the other certain rights of way or user (D.C.B. 118, 120; D.C. 78). There was a question before the town council as to Blackness enclosing the march stones of the Magdalen Yard as late as 26 Sept. 1704 (ib. 150). There are other references to John Wedderburn's ownership of Blackness, e.g., 21 May 1690, when he grants a factory to James Dick in Dundee to uplift the price of his bear from the maltmen of Dundee, and to set the lands of Blackness in tack for three years (D.D. 39); 3 Sept. 1694, when he grants another factory, this time to David Balvaird, to uplift the rents of Blackness and Dargo (ib. 44), and 30 Dec. 1698, when there is a similar factory to his nephew, Alexander, the clerk (ib. 50). The estate is described in his time (1682) as Blackness, Wedderburn, a good house with a considerable estate in acres about the town."3 He seems to have improved it by adding, at a cost of 200 merks, an outer gateway, in regard to which he had to get a decree, 16 May 1697, to compel the masons to carry out their contract (D.Dec. 34). He parted with some of his estates, viz., with Logie, which he sold to the town of Dundee for 17,500 merks (D.C.B. 133; F.S. 69), but which his son, Sir Alexander bought back at the same price (post, p. 238); and, 2 Sept. 1698, with Dargo to Thomas Miln of Milnfield (D.Dec. 36), while, 28 July 1699, he resigned the barony of Blackness in favour of his eldest son who thereupon got a great seal charter of it, dated 13 Sept. (G.S.R. 131). By this charter the barony was settled on him and his heirs, This honour seems to have been partly due to the good offices of his first cousin, Alexander Wedderburn, 2 He was also a commissioner of supply for Forfar in 1685, 1697, and 1704 (A.P.S. 56, 58, 61). whom failing, on the nominees of his father, or in default of such nomination on his Part III. Chap. IV. father's heirs male, or, them failing, heirs female. There is a clause compelling the use by all successors to the barony under this entail of the arms and name of "the House and Family of Wedderburn of Blackness" (ib.). There is also, 28 Jan. 1678, a petition by Blackness to the town council asking to be allowed to build a convenient seat in the west church for himself and his family, and to affix the same to a pillar opposite the pulpit. The petition states that when seats were erected in the east church he had to take a not very convenient one, which now, owing to the increase of his family and to his brother, the clerk, having half of it, is altogether inadequate (D.C.B. 125). This petition must have been granted, as later on, 7 Oct. 1701, he craves leave to add to his seat in the west church, and this also is allowed (ib. 145). Meanwhile he must have had a seat in the southern portion of the church of S. Mary, since destroyed by fire in 1841, as James Thomson in his Ecclesiastical Antiquities of Dundee, 1830, p. 10, tells us that his name "MASTER JOHN WEDDERBURNE OF BLACKNESS, 1667" (the year of his marriage), and his arms, were formerly visible on a pillar on the west wall. Thomson, however, gives the bearings wrong, "argent, a chevron between three eagles' heads erased, sable; crest, an eagle's head erased of the same; motto obliterated." The whole was probably indistinct, the colours darkened, or always given in black; and the roses mistaken by Thomson for eagle's heads. I shall deal but shortly with the references to him, 1674-1705, in regard to actions to which he was party and bonds given or held by him. There is an assignation, 26 June 1674, to him by his father of a bond by Andrew Watt. whose son he had to sue in regard to it, 15 Sept. 1674, 12 March 1675 (S.W. 424-26); 16 April 1677, an act of apprising in which he is named (ib. 430); 29 July 1680, an action by Alexander Chaplain against him and Robert Davidson of Balgay (R.A.D. 101); 12 Dec. 1685, a "ticket" to him by Patrick Ogilvy of Templehall (M.P. 12); 14-17 June 1686, a bond by him to his nephew John, son of Peter (ante, p. 222), which is named on several occasions (S. W. 556 ; M.P. 67, 86a; R.A.D. 154 a), while other bonds and discharges are named 29 Jan., 21 April 1687; 16 April, 12 May 1688; 18 March 1689; 31 Aug. 1699; and 14 Feb., 16 March, 8 Nov. 1700 (R.D. 217 ab, 226-28, 244, 249 a b, 263-64). He is repeatedly named in connection with his brothers and sisters. Thus he is a consenting party to the marriage contract of his brother James, 8 Jan. 1673 (Bl. 18), a discharge by whose wife to her brother he witnesses, 4 Aug. 1680 (R.D. 241 b), and on James' death he was named as father's kin in the curatory of his younger sons, Robert and John, 19 Oct. 1696 (D.Dec. 31). He is also named in regard to James' widow, 15 April 1700 (D.D. 44), and with his son Alexander granted a bond to James' eldest daughter, Margaret, 8, 14 July 1704 (S. W. 556; R.A.D. 145 b). He was a curator to Alexander, eldest son of his brother Peter, 19 Oct. 1693 (D.Dec. 23); and was also in 1688 concerned in the affairs of his brother George (S.W. 483), who assigned to him some premises in Edinburgh, where he perhaps lived for a time (R.D. 233; M.P. 55), and he was also cautioner for a bond by George, 30 Nov. 1686 (R.D. 234 a and cp. R.A.D. 121). He took a similar part in the affairs of his sisters. Thus, 10 June 1664, he consents to a factory by Patrick Kyd, husband of his sister Margaret (D.D. 12); 29 June 1666, is witness to a charter and sasine to him (F.S. 51), and when, 15 May 1675, it appears unlikely that Patrick and Margaret would leave children to succeed them, he is left a legacy by Patrick in that event (F.S. 63). Many years later, 21 July 1701, there is a discharge granted to him by his sister Margaret, then a widow (D.D. 69). He witnessed the marriage contract of his sister Jean with William Kyd of Woodhill, 28 Oct. 1663 (Bl. 16), and, on the death of her and her husband, was a curator, 1676-80, to their son James (D.D. 23; D.D. 6), as well as 18 Nov. 1685, to their younger children, Patrick or Peter and Margaret (ib. 16), getting ultimately a full discharge from James, 26 April 1687 (R.D. 216), and from Patrick, 10 Feb. 1692 (D.D. 40). So again he is a curator to his sister Helen's son, John Dickson of Heartree, 8 June 1681 (R.A. D. 102), and is repeatedly mentioned in regard to the children of his sister Grissell, whose marriage contract he witnessed, 18 Dec. 1665 (S.W. 377-78); for whom he was attorney in the sasine thereon, 1 Jan. 1666 (F.S. 49); and for a bond by whose husband, discharged 16 July 1681, he was cautioner in 1676 (D.D. 31). He witnesses, 7 Oct. 1687, a bond of provision by Easter Powrie to his younger children (S.W. 479), and, 5 Aug. 1688, is attorney for John, the eldest son, in a settlement made on him by his father (D.P.B. 540), He also witnesses a bond by his brother-in-law, Kingennie, and his father to John Wedderburn of Gosford, 20, 24 Aug. 1681 (S. W. 455); and one to Kingennie, 1 March 1684 (R. D. 207). |