CARESTON-LORD GILLIES. 277 the early part of this century, and by the distinguished and able manner in which he conducted the defence, he established that reputation for talent which eventually led to his promotion to the bench. He held office till within a few weeks of his death, which occurred towards the end of the year 1842, at Leamington, whither he had gone for the benefit of his health. His body was conveyed to Edinburgh, and interred in the Greyfriars Churchyard. Though by no means a lover of the place of his nativity, which perhaps arose from the misfortunes that attended an elder brother, he was the untiring benefactor of his less opulent relatives, and left a respectable annuity to his nephew, Robert Pearse Gillies, of literary celebrity. His brother Colin was the most enterprising provincial flour and corn dealer of his time, and, in his hey-day, had perhaps more influence than any individual trader of Angus or the Mearns ever enjoyed. Throughout both of these counties he had extensive spinning, bleaching, and weaving factories, and farmed a large extent of land, besides being proprietor of Murlingden, near Brechin, and of house property to a great amount in most of the towns of the two counties. He was also projector of the porter brewery at Brechin, in itself a lucrative concern, and he contributed the valuable statistics of the linen trade of Forfarshire to Sir John Sinclair's great work. For several years he was also chief magistrate of his native city. Matters, however, were suddenly reversed, and his failure, which occurred in the year 1811, sank the north-eastern districts of Forfarshire and the adjoining parts of Kincardineshire into a state of ruin, that was not recovered from for many a day. Under the judicious management of Mr. Greenhill of Fern, who was the principal creditor, Mr. Gillies' estate yielded a little more than half payment, which was beyond all anticipation; and although Lord Gillies was personally involved to a large amount, he felt so sensible of the value of Mr. Greenhill's services, and the loss he sustained beyond other creditors, that he pledged himself to remunerate him to some extent if ever he had it in his power. On the death of Mrs. Hay Mudie of Newton and Pitforthy, many years afterwards, Lord Gillies was left a handsome legacy by that lady. An opportunity was thus afforded of fulfilling his promise, and, with a nobleness of heart, and honour worthy of all praise, he forwarded a thousand pounds, with the request for Mr. Greenhill's kind acceptance of it. Thomas, who was bred a surgeon, and went to India, was the father of Robert Pearse Gillies, now so well known in literature. He amassed a large fortune abroad, and, on returning to his native country, purchased the estate, and built the mansionhouse of Balmakewan in Kincardineshire, a property which his son sold on coming of age. Dr. Thomas Gillies was a man of great benevolence, but of singularly eccentric habits, and in honour of his son, or perhaps of Colonel Pearse (an intimate acquaintance in the Indian army), he named a part of Brechin, where he held considerable property," Pearse Street," by which name it is still known. While residing in his town-house in Brechin one winter, a band of strolling players located themselves in the Mason Lodge, which was immediately opposite his residence, and thither he went one evening to while away the time. On entering the theatre, he placed himself so close to the stage that the master of the ceremonies was forced to ask him to retire to a little distance. This was insisted upon without success; and after much altercation, the Doctor, raising himself on tip-toe, gruffly inquired of his antagonist, “Don't you know who I am, sir?-I'm Doctor Gillies from Bengal !" Though you were Doctor Faustus from the devil," rejoined the humble representative of Thespis, giving him a shove to the front seats, "you shan't stand there!" Of his eminent son little can be added to the interesting and unvarnished statement which he gives of his own chequered and unfortunate career. He was born at Brechin in 1789, called to the Scotch CARESTON-DR. THOMAS GILLIES. 279 bar in 1812, and subsequently adopted literature as a profession. His later history is told by himself in his curious work entitled Memoirs of a Literary Veteran. Thus, it will be seen, "the mantle" has descended on the Gillies family to an almost unprecedented extent. Another brother, William, who was engaged with Colin in porterbrewing, was father of the Misses Mary and Margaret Gillies of London, of whom the one was known as a successful miniaturepainter, and the other as a contributor to the periodical press. Of the daughters, one married Henry William Tytler, translator of Callimachus, and another was mother of the late Colvin Smith, portrait-painter in Edinburgh, whose father (a cousin of his mother) was some time a merchant and bailie in Brechin, and long held the office of postmaster. Still, strange to say, notwithstanding the former opulence and importance of the Gillies family, the very surname is now almost unknown in the district. SECTION II. Of known renown, and Chieftains of their name. DON, A POEM. Office of Dempster-Dempster of Careston-of Muiresk-Lindsays of Careston-of Balnabreich - The Carnegies of Careston - The Stewarts-"The Douglas Cause "The Earl of Home, Baron Douglas-The Skenes of Careston-Origin of family-Major George Skene-Captain Skene, the warlock laird-Mr. John Adamson-Mitchells of Nether Careston. THE surname of "Dempster," as before mentioned, originated from the office of "judex," or Dempster to the Parliament and shire; but it is uncertain at what period it was first assumed. Haldan de Emester, or Demester, of the county of Perth, swore fealty to Edward in 1296,1 and this is the earliest instance of the surname with which we have met. It was assumed by the lairds of Careston (in its present form) before 1360, when they and the Collaces became portioners of Menmuir.2 In 1370, 1 Ragman Rolls, p. 128. 2 Reg. Mag. Sig. p. 43, no. 118. David Dempster of Careston was a perambulator of marches near Arbroath, and bound himself to the Abbot of that Monastery, of which he was justiciary, to provide a qualified deputy. On the resignation of this office by his grandson, it was conferred on the Earl of Crawford, whose extravagance prompted the convent to dispense with him, and appoint Ogilvy of Inverquharity—a circumstance that gave rise to the battle between the Ogilvys and Lindsays at Arbroath, already noticed. 2 The office of heritable Dempster to the Parliaments was confirmed to Andrew Dempster of Careston by Robert II. in 1379,3 and from the irregularity with which the fees attached thereto were paid, a glimpse is afforded of the sources from which the payments were derived. Thus an action was raised before the Lords Auditors by David Dempster, who claimed (tene pundis) amerciament of fee ilk parliament," and the like sum, it is presumed, "of ilk Justice Are" held in Forfarshire, and "amerciament zerely of the extrect of the Sheref's Court of the sammyn," which the "lordis Auditoris thinkis that he suld be pait efter the forme of his infeftment, maid be King Robert vnder the gret sele schawin et producit." The father of the last-mentioned David was the first of the name that possessed the lands of Pitforthy, Ardo, Bothers (now Cairnbank), and Adecat, near Brechin. These were anciently church lands, and formed part of those alienated from the Cathedral of Brechin by peculating officials; but James III., in his determination to restore the Church's property, had Dempster cited before the Lords of Council in 1464, as the wrongous possessor of these lands, and he was ordered to reconvey them all to the Church. To this he agreed in 1468, in the humiliating posture of bended knee, and having his hands closed within those of the Bishop.5 1 Reg. Nigr. Aberbr. pp. 31, 114. * Douglas, Baronage, p. 531. 5 Reg. Episc. Brech. ii. pp. 106, 109. 2 Ut supra, p. 176. 4 Acta Auditorum, July 18, 1476, p. 53. CARESTON-DEMPSTER AND HIS NEIGHBOURS. 281 Although thus penitent, and reinstated in part, if not in the whole of these lands, Dempster seems to have had little love for either the church or the Bishop, for soon afterwards, in 1467, he was again summoned by "the Reverend Fader," for the "spoliacioune of iiij** nolt" from the lands of Ardo, and a horse from those of Pitforthy, over which it would appear (from the fact that a deliverance was given against Dempster with costs), the Bishop had retained the privilege of grazing. Ever and anon this lording spirit was manifesting itself in Dempster's character, either through the oppression of the widow or by other heartless outrages; and he and his brother, joining in the mischievous and daring enterprises of the profligate sons of the Duke of Montrose, were of that sacrilegious party which carried off "twa monkis," and some horses, belonging to the Abbey of Cupar; and for this "hurting of the priuilege and fredome of hali kirk," they were both ordered to place themselves in ward in the respective castles of Dumbarton and Berwick. Perhaps the aid which Dempster of Careston and his brother afforded the young Crawfords in their lawlessness and rapine induced their father to thrust Dempster out of the farms of Gleneffock and Pettintoscall, of which he was liferenter, and to take forcible possession of a number of his oxen and cows. But, so far was the Duke from succeeding in this, that his adversary was ordained to "broek and joise the tak all the dayis of his life," without vexation or trouble.1 Emboldened with success, Dempster next directed his energies to the annoyance of the Duke and the summary ejection of his tenantry, and, among other misdeeds, he turned John Guthrie out of "the tak and mailing of the landis of Petpowoks," in the lordship of Brechin. In this the Dempsters were found at fault, and ordered to reinstate Guthrie in his possession, seeing that he produced a tack signed by the Duke.2 1 Acta Dom. Concilii, Ap. 22, 1479, p. 29. 2 Ibid. Dec. 9, 1494. |