L30/12/18/19

Letter from Thomas Cockburn to Alexander Hume-Campbell, 1st Baron Hume of Berwick. Sent from Edinburgh. Gives details about the family settlements and his dealings with the matter.

27 Dec 1779

From: 1779 To: 1779

'I had the honour to write to your lordship on the 26th November and the 6th current. At the time some scruple about communicating what order I had received as a writer hankered in my mind, and for that nicety[?] only I delayed to answer your question. But on more mature consideration I do not think I am obliged to continue to conceal from you. Sir John [Paterson], when he came down from London, gave out that my Lord M [Marchmont] was to do all he possibly could for Lady Ann [sister or daughter of Hugh Hume Campbell, Lord Marchmont] and her family, and, on the other hand, everything in his power against Diana and her family [other daughter of Lord Marchmont]. To me he gave hints, but to Olbury[?], as Mr Dickson of Ednam who told again, he spoke more plainly. On the first of August last my Lord wrote me for a draught of an entail of all his estate to be sent him according to the legal descent of his family with irritant etc. clauses – excluding only the issue of his sister Lady Ann and of his daughter Lady Diana. I answered that ‘I should immediately apply myself to make a draft of an entail as his Lordship directed – I heard of the intention a month ago but I did not this matters would go so far.’ These words his Lordship wrote back, using a very unbecoming way of supposing how I could come to know what he did not think of till after he had sealed a preceding letter to me. My answer was soft and plain that as to the mode by entail I had not heard had but as to the intention of doing all he could for Lady Anne and against Diana’s family I had heard thro’ Sir John’s communications in the country. For some time the vote making employed me so much I was obliged to delay the entail – but on the 24th September a draft was sent and after observing what occurred upon the destination of heirs, without saying a word of the exclusion, which was put in as he ordered, I added ‘but I am humbly of opinion that no entail can be effectual without Lord Polwarth’s consent. If that does not appear clear to your Lordship I would propose to lay the case before Council – your Lordship would not chose to sign an ineffectual deed.’ This was my real opinion of the matter. His Lordship observing the lawyers [illegible] (upon the case of making votes) had said he was [illegible] of the estate, desired to know the grounds of my opinion, and I answered that my opinion was founded on the obligation undertaken by his Lordship in Lord Polwarth’s articles of marriage – this was in my letter of the 8th October, and there ended the correspondence. Before the date of that letter Sir John entered on the subject of the entail to me and I gave him the same answer as to your consent, without taking the least notice of the exclusion. He spoke as if he had been appraised of the necessity of your consent, and on that occasion talked high of his Lordships determination and of the consequence to you of refusing to consent, that in such a case his Lordship would do everything in his power for Lady Anne etc. At another time he asked many questions applicable to the case. How far executory could be disposed of by a person under debts so as to leave these debts to remain a burden on a land estate, and how far subjects in England could be disposed of so as a person might hold and not be liable to Scots debts etc. Everything he said on the subject had a clear reference, and my answers by no means came up to his wishes – all along he saw I was not to be drawn in to his machinations: it was impossible for me to be an instrument of his sinister purposes, and on that ground it was equally impossible for me to be continued in my situation. How far such purposes may now be carried I cannot say, but every possible thing may be dreaded – To advise you in these circumstances is a matter of the utmost delicacy and difficulty 0 whatever his Lordship may think of me I am sure it is far from my mind to give any occasion to widen the unhappy breach he has made with you. On the contrary, tho’ as to him I remain as I am, it would give me the greatest satisfaction to see that breach healed by the exertion of parental feelings that have been chilled by wicked meanness. Whether anything on your part should be done to prevent operations or indeed can be done – or if such operations should be left to be set aside upon the strength of the obligations in the marriage articles are 2 questions of the nicest description – if there is ground for prevention, perhaps to prevail would be proper. Yet the same ground might afterwards destroy, and the use of it then would not be betwixt father and son. – This measure if it be safe, is the most eligible – all gratuitous operations to take effect after death seem to be reprobated in so far as they could affect the estate – but selling land, or contracting heritable debts for onerous causes could not afterwards be defeated. If the marriage articles had been carried into executure by proper deeds in the law of Scotland, neither selling nor contracting heritable debts could have taken place; it was the business of the trustees of the marriage to have seen to the execution, and it would have been a happy thing if it had been attended to.- I had wrote thus far when I was honoured with your Lordship’s letter of the 19th, which afforded me the highest satisfaction; happy t hear of the health you possess, I heartily wish with the continuance and many happy years to Lady Bell and your Lordship. The Knights object as Eaton was like the character; he wanted to get into family history; his disappointment was entertaining. He was so industrious to show my Lords writing (I cannot call it a letter) to me, that at a public meeting at Greenlaw before he went to London he took every one apart and read it with many false additions; he went so low as to closet the members of the sheriff court: one thing he told was how much he had done to get a reconciliation betwixt your fathers Lyon, how he had shed tears (such tears as crocodiles shed?) and what trouble” But I had all along counteracted his pious endeavours and now he saw it was impossible. Was there ever such a mortal? He has no doubt furnished my Lord reasons for his invocation of providence; for without such falsehoods his Lordships supposition of detection, and talking of providence was other ways groundless and profane - But all his base senseless artifices turn upon himself when the truth appears against them, and everybody who has seen the letters is highly satisfied. The best here have seen them, and it give me very great pleasure to hear how much is said of your Lordship, contrary to industrious misrepresentation. I have herewith sent your Lordship a factory which you will be pleased to sign at the X before two men- witnesses at the other two XX, and return with a note of date and designations - I shall endeavour to accommodate your Lordships at Candlemas, if I can get accounts[?] cleared before that time, which I expect.- I am not in my Lord’s debt, nor ever have been – I am with true respect, my Lord, your Lordships most obedient and most humble servant, Thomas Cockburn.'

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Cockburn, Thomas,
Hume-Campbell, Alexander (1st Baron Hume of Berwick),
Paterson, John,
Hume-Campbell, Diana,
Hume-Campbell, Anne,
Hume-Campbell, Hugh (3rd Earl of Marchmont)

CORRESPONDENCE, business, family/personal financial affairs