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Finlay, J. (2004)
Publisher: Edinburgh University Press
Languages: English
Types: Article
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    • 9 J W Cairns, “Craig, Cujas, and the definition of feudum: is a feu a usufruct?” in P Birks (ed), New Perspectives in the Roman Law of Property (1989), 77 (henceforth Cairns, “Craig, Cujas and the definition of feudum”). F J Grant, The Faculty of Advocates in Scotland, 1532-1943 (Scottish Record Society, 1944) seems to be mistaken in suggesting Craig was admitted as an advocate in 1563; his name is absent from the relevant volume of the Books of Sederunt, NAS CS1/2/1.
    • 10 J H Salmon, Society in Crisis: France in the Sixteenth Century (1975), 151-166.
    • 11 Cairns et al, “Legal humanism”, 50-51.
    • 12 For discussion, see C W Brooks, Lawyers, Litigation and English Society since 1540 (1998), 75.
    • 24 See J Finlay, Men of Law in Pre-Reformation Scotland (2000), ch 5 (henceforth Finlay, Men of Law).
    • 25 Cf the comments, in a later context, of Sir George Mackenzie on advocacy as a noble profession: “What is so noble, as to be depended upon by such as are in Prosperity, (for Client and Depender are the same in all Languages)”. (“Pleadings before the Supreme Courts of Scotland”, in The Works of that Eminent and Learned Lawyer, Sir George Mackenzie of Rosehaugh, 2 vols (Edinburgh, 1716, 1722), vol 1, 11).
    • 26 R Paul (ed), “Twenty-four Letters of Sir Thomas Hope”, Miscellany of the Scottish History Society (Edinburgh, 1893), vol 1, 88-89.
    • 27 On the circumstances, see R K Hannay, The College of Justice (reprint edition, Stair Society, sup vol 1, 1990), 121. On Craig's progeny, and the remarkable links they had with the legal profession, see T I Rae, “The origins of the Advocates' Library”, in P Cadell and A Matheson (eds), For the Encouragement of Learning (1989), 6. It should be noted that royal patronage of the kind Hope sought is only viable with an adult king and functioning court; it cannot therefore be traced for Craig in the early 1570s.
    • 28 van Heijnsbergen, “Literature and History in Queen Mary's Edinburgh”, 197. Lewis Bellenden named Thomas Craig as one of his factors when he left to study in France in April 1575: National Register of Archives in Scotland, 1100/1938 (reference from John H Ballantyne).
    • 29 RPC, ii, 580. These papers related to the administration of Kelso Abbey (see text at note 118).
    • 30 J Riddell, Remarks upon Scotch Peerage Law, 168. Bellenden, in his will, referred to Craig as his “cousing”, though it seems they were uncle and nephew.
    • 31 That Sir John's interests in Kilconquhar were long-standing is clear; see CS7/47 fo 327r (15 Dec 1570).
    • 32 Margaret was the widow of James Denniston, a burgess and former provost of Linlithgow (J B Paul (ed), The Scots Peerage, (9 volumes 1904-1914), vol 2, 64), William was said to be one of Auchnoule's sons (The Scots Peerage, vol 2, 67). Another relative of Auchnoule for whom Craig acted was John Bellenden, “chaplain of Kilconquhar” in 1572 (probably a son of Sir John and, therefore, Craig's cousin): CS7/61 fo 335r (Margaret), CS7/55 fo 5v (William), CS7/46 fo 446r (John Bellenden, chaplain); CS7/59 fo 400r (Robert Hamilton). Craig was at St Andrews with several Robert Hamiltons (including one in his own college), of whom this may be one: Anderson, Early Records St Andrews University, 153, 155.
    • 33 Bothwell and Bellenden were both confirmed king's men in the early 1570s; indeed Bothwell crowned the infant king: G. Donaldson, All the Queen's Men (1983), 99-100. Bothwell and John Craig were commissioned in 1565 to arrange the business each day at the General Assembly: Kerr, “John Craig”, 61. Men in Bothwell's administration also employed Craig; one example is Thomas Gunn of Orkney in 1585 (NAS, CS7/103 fo 53v), another may be Andrew Callendar of Bordie, since a Walter Callendar of Bordie is recorded as a servant of Bothwell's in Holyrood abbey in the 1580s: RMS, iv, no 431. Craig also appeared against Bothwell on one occasion, albeit not directly; this was an action over disputed teinds where Craig's clients, the debtors, were unsure of which of two alleged creditors (one of whom was Bothwell) was entitled to payment (e.g. CS7/56 fo 297r).
    • 34 E.g. CS7/101 fo 273v. D Shaw, “Adam Bothwell, conserver of the Renaissance”, in I B Cowan and D Shaw (eds), The Renaissance and Reformation in Scotland (1983), 155-156.
    • 35 So close is the connection between them that, as some historians think, Bannatyne and Bellenden may be variants of the same surname. The spellings used here are consistent with the records used.
    • 36 CS7/47 fo 412v.
    • 37 van Heijnsbergen, “Literature and History in Queen Mary's Edinburgh”, 205.
    • 38 James Bannatyne continued to serve in this role under Sir Lewis Bellenden and his successor: Hannay, College of Justice, 331. He was the father of Mr Thomas Bannatyne, justice depute (information from John H Ballantyne). Craig himself became godfather to George Bannatyne's eldest grandchild: van Heijnsbergen, 219.
    • 39 Smith, “Thomas Craig”, 279; NAS, Justiciary Court Records, JC1/13 fos 157r-251v. Bannatyne first appeared on 18 Feb 1573 (JC1/3 fo 223v), thereafter Craig appears much less frequently until Bannatyne takes over. Both Bannatyne and Craig acted under a commission as justice deputes, with Mr Henry Kinross, in a perambulation in Fife in Nov 1566: NAS, JC26/Box1/No 55.
    • 40 For discussion of this general theme as it applied to the 1530s, see Finlay, Men of Law, ch 3.
    • 41 On legal ethics see J Finlay, “Ethics, etiquette and the early modern Scots advocate” (forthcoming).
    • 42 In a period when a variety of factors, including religion, family, friendship and the calculus of personal advantage, could determine political allegiance, we should not expect to find a simple picture in regard to the employment of Catholic or Protestant advocates: on politics, see I B Cowan, “The Marian Civil War, 1567-1573”, in N Macdougall (ed), Scotland and War AD 79-1918 (1999), 95-100.
    • 43 CS5/74 fo 475v.
    • 63 The Bishop of Dunkeld in question was James Paton, who replaced the Catholic Marian bishop, Robert Crichton, in 1571. Paton was not active against Catholics in his see and, for this and other offences, was deprived by the general assembly in 1576: G R Hewitt, Scotland under Morton 1572-80 (1982), 109.
    • 64 On John Craig, see Kerr, “John Craig”. Thomas Craig was mentioned in John's will in 1600, along with Thomas's client and brother-in-law John Arnot, as men whose advice the executors should seek (Kerr, 196). Baillie, in the 1732 edition of Jus Feudale, seems to be wrong to ascribe an influence to John Craig over Thomas's early education as John Craig was abroad from 1536 until 1561 (Kerr, “John Craig”, 17, 198-199). However, some subsequent superintendence is suggested, as is the fact that John Craig was influential in developing Thomas's religious faith (Kerr, “John Craig”, 3-5). John Craig may tentatively be identified as the son of Thomas Craig, baker burgess of Edinburgh, thereby brother of Robert Craig, the advocate's father.
    • 65 CS7/60 fo 26v. Pace C P Finlayson, Clement Litill and His Library (1980), 16, Litill did appear fairly often before the Court of Session.
    • 66 Donaldson, All The Queen's Men, 124.
    • 67 Hewitt, Scotland under Morton, 83-84.
    • 68 Examples may be found at: CS7/55 fo 51r, 52r; CS7/57 fo 186r.
    • 69 CS7/57 fo 152v. For Thomas as “possibly” Boyd's son, see C H Haws (ed), Scottish Parish Clergy at the Reformation 1540-1574 (Scottish Record Society, 1972), 14. Thomas, master of Boyd, is recorded as obtaining a remission with his father and his followers, including the brother of a later Craig client, John Colquhoun of Kilmardonay, David Barclay of Ladyland, a possible client, and several Crawfords whose relatives might have been Craig clients: RSS, vi, no 1270. It is not surprising that Craig should have gained clients among Boyd's friends and kinsmen.
    • 70 RSS, vii, no 2011.
    • 71 Ostensibly, this was because of delays in prosecuting actions on behalf of the lord collector and the fact that advocates employed for the purpose had “so mony uthir clyenttis that thai may nocht guidlie attend thairto”. As the appendix shows, Strang and Sym were both appreciably busier than Craig in 1575.
    • 72 Jus Feudale, 1.16.17.
    • 73 RPC, ii, 247; 309; Macpherson, “Francis Stewart”, 252-253; J Goodare, The Government of Scotland, 1560-1625 (OUP, forthcoming), 165-168.
    • 74 See Finlay, Men of Law, ch 5; Coutts, Court of Session, 9-10.
    • 75 Excluding Craigs and Hamiltons of indeterminate relationship, he acted for the following during this period: Sir John Bellenden (cousin); Adam Bothwell, Bishop of Orkney (second cousin); John Arnot (brother-in-law); John Johnstone of Kelliebank (nephew); Robert Richardson and James Richardson (relations by his first marriage, see below); Robert Bannatyne (possible kinship; spiritual kinship with at least one member of the Bannatyne family). To this may be added another brother-in-law, James Inglis (see below). Alexander Newton, for whom Craig appeared before the Privy Council (RPC, ii, 193), may have been related to Craig through his grandfather's wife (and possibly his grandmother), Margaret Newton (NAS, RH6/1550a).
    • 76 CS7/53 fo 387v; RPC, ii, 363. For Margaret as daughter of Robert Craig, see NAS, B22/8/1, fo 10r. Craig was still acting for Margaret Craig in 1600: Coutts, Court of Session, 9.
    • 77 Thomas Craig's personal link to the Johnstones may date back at least to 1564, when he was granted the escheat of one “Jacob[us] Johnstoun de Myddilgill”: TA, xi, 292. John Johnstone of Kelliebank was cautioner for Thomas and his mother in 1566 when Thomas purchased land in Edinburgh from the burgess James Curle: NAS, Register of Deeds (Old Series) B22/8/1, fo 259r. The link between Thomas and the advocate Archibald Johnstone of Wariston arose through one of Craig's daughters, Elizabeth, marrying into the Johnstone family; see Ridpath's epistle to secretary William Johnstone in his edition of Scotland's Sovereignty Asserted (1695), and the table by Rae, “The origins of the Advocates Library”, 9.
    • 78 RPC, i, 635-637.
    • 79 Atholl's lease had expired and George Douglas of Parkhead had taken over as leaseholder. Margaret's involvement, through her husband, may date from arrangements set in place at that time; certainly the Johnstones continued to work the mine: RPC, ii, 362.
    • 80 RPC, ii, 362-363; CS7/53 fo 387v. Craig was later curator to the child, John Johnstone, along with Margaret's second husband, John Arnot (a former Marian and future kirk elder), and they acted jointly against William Johnstone to recover funds allegedly due to John: RPC, ii, 556. Craig also acted for Arnot in other cases in 1574 and 1575. For Arnot as kirk elder, see NAS, Buik of the General Kirk of Edinburgh, CH2/450/1 fo 24r.
    • 81 On Gilbert, see Lynch, Edinburgh and the Reformation, 53. The Gilberts were linked by marriage to the Bannatynes.
    • 82 RPC, ii, 537.
    • 83 M F Graham, The Uses of Reform (1996), 37.
    • 84 Although Craig did not act for George Heriot and his fellow goldsmith, Thomas Foulis, against the Countess of Atholl in 1585: CS7/103 fo 47r. Note that the Mossman family also contained goldsmiths: see note 61 above.
    • 85 CS7/53, fo 310r.
    • 86 CS7/50 fo 91v; on Andrew Craig, senior, see Lynch, Edinburgh and the Reformation, appendix vii.
    • 106 Craig as justice depute, Richardson as treasurer, and Bellenden as Justice Clerk were all involved in actions brought against them in respect of justiciary affairs in the late 1560s and early 1570s, e.g. CS7/ 46 fo 354r; CS7/47 fo 410r. Thomas Craig, notary, witnessed a sasine in Richardson's favour in Apr 1562: J Russell (ed), The Protocol Book of Nicol Thounis (1926), no 70 (the writer is grateful to John H Ballantyne for this reference).
    • 107 Graham, The Uses of Reform, 261; Lynch, Edinburgh and the Reformation, 181. It is not clear what relationship Helen in fact had to Richardson; she was either his niece or granddaughter. Richardson appears as Craig's client when he was still treasurer on 31 Mar 1571 (CS7/46 fo 434v).
    • 108 RMS, iii, nos 1817, 2461, 2843, 2844. He had at least one affiliation action brought against him: J Kirk, Patterns of Reform (1989), 275. The link to Richardson might also explain the appearance of Godfrey McCullouch of St Mary's Isle as a client of Craig's in 1574 (CS7/52 fo 441) and must surely explain that of Richardson's tenant, James Lidderdaile, in 1575 (CS7/61 fo 247v; RSS, vi, no 2180).
    • 109 RSS, vi, no 1691. See also van Heijnsbergen, “Literature and history in Queen Mary's Edinburgh”, 196.
    • 110 Margaret Bellenden is noted in the early 1570s as the wife of Robert Hamilton of Inch Mauchan in a transaction concerning lands in the sheriffdoms of Lanark and Linlithgow: NAS, RD1/12, fo 22; also CS7/50 fos 372v-374v. The marriage dates back at least as far as 1561 although it seems that there was a divorce or annulment before 16 Feb 1576: NAS, RD1/16 fos 1-3.
    • 111 On Soulseat, see Sir William Fraser, The Annandale Family Books of the Johnstones, Earls and Marquises of Annandale, 2 vols (1894), vol 2, 271-272; CS7/56 fo 329r.
    • 112 Alexander Kessane, notary v Bernard Ferguson of Kilkerran and others, 8 Dec 1572 (CS 7/46 fo 458r). Craig acted for Kessane.
    • 113 RPC, ii, 193-200, esp 198; J Stevenson et al (eds), Calender of State Papers Foreign, Elizabeth 1572- 74 (London, 1876), 780. For an example, see CS7/50 fo 421r. A number of Marians received remissions throughout 1573 and early 1574: Donaldson, All the Queen's Men, 126.
    • 114 CS7/50 fo 421r; RPC, ii, 250. On Balfour's role in 1573, see P G B McNeill, The Practicks of Sir James Balfour of Pittendreich (Stair Society, vols 21-22, 1962-1963) vol 1, xxv.
    • 115 Riddell, Scotch Peerage Law, 165. Craig had “lawful bairnis” by Helen, though the chronology suggests it is unlikely they had more than two. Riddell argues, plausibly, that Lewis Craig, later Lord Wrightshouses, was a child of this marriage.
    • 116 Hewitt, Scotland under Morton, 64-70.
    • 117 Lee, Thirlestane, 50, 62. Craig counted the fifth Earl of Glencairn (d 1580) among his clients from at least Dec 1576: RPC, ii, 577.
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