gifts _ad vitam aut culpam_, and giving them commissions _ad bene placitum_
to dispose them to compliance with arbitary sourses, and turning them out
of their offices when they did not comply.' Thus in 1681, when the Test Act
was passed, five judges were dismissed, four ordinary, including the
President, Stair, and one extraordinary, Argyll, and a new commission
issued. When the Court was so constituted, it could hardly inspire implicit
confidence, and the instances are numerous in which Lauder complains that
injustice has been done, and the principles of the law perverted through
the influence of political and private motives. Even the most eminent of
the judges were not in his opinion clear from this blot. I have quoted one
passage in which Lauder hints at Stair's partiality for Argyll. In another
case in which Argyll was concerned he observes, 'Every on saw that would be
the fate of that action, considering the pershewar's probable intres in the
President.'[24] In 1672 when, as he considered, a well-established rule of
law had been unsettled, he writes, 'This is a miserable and pittiful way
of wenting our wit, by shaking the very foundations of law, and leaving
nothing certain. The true sourse of it all is from the wofull divisions in
the House, especially between the President and the Advocat [Mackenzie],
each of them raking, tho from hell, all that may any way conduce to carry
the causes that they head, _Flectere si neque superos_,' etc. One decision
which excited his warm indignation was given in a suit by Lord Abbotshall
against Francis Kinloch, who held a wadset over the estate of Gilmerton,
which Abbotshall maintained was redeemable. He lost the case. After an
extraordinary account of the way in which the decision was arrived at
Lauder proceeds, 'the Chancelor's [Rothes] faint trinqueting and
tergiversation for fear of displeasing Halton (who agented passionately for
Francis) has abated much of his reputation. The 2d rub in Abbotshall's way
was a largesse and donation of £5000 sterling to be given to Halton and
other persons forth of the town's revenue for their many good services done
to the toune. By this they outshot Sir Androw in his oune bow, turned the