ds testifying to the legitimacy of
their surviving child. The Duke of Douglas, long prejudiced against this
son's claim by the machinations of the Hamiltons, had revoked the deed
in their favour for a settlement executed in behalf of his sister's son
Archibald. But stories had become rife of that son being the child of a
Nicholas Mignon and Marie Guerin from whom he had been purchased, and an
action to reduce service on a plea of _partus suppositio_ was instituted
by the tutors of the Duke of Hamilton who was then a minor. In France
negociations were conducted, investigations made, and witnesses examined
by Burnet of Monboddo, Gardenstone, Hailes, and Eskgrove, and at last in
July 1767 the Court of Session issued its decision. Lord Dundas, the
President, speaking first, and dwelling on the age of Lady Jane,
childless by a former marriage, the secrecy of the birth, and the
intrinsic valuelessness of death-bed depositions when set against
pecuniary interests and family pride, recorded his vote in favour of the
Hamiltons. Six days were subsequently taken up with the speeches of the
other judges, and Monboddo, speaking last, voted for Douglas. The
verdict was seven on each side, and by the President's vote the case in
Scotland was won by the pursuers. Kames, Monboddo, and Lord Auchinleck,
were in favour of the defender, Douglas.

The case was at once by him appealed to the House of Lords. Douglas was
favoured in Scotland, where for years the state of interest had been
such that people in company used to bargain, for the maintenance of
peace, that no mention of this disturbing plea should be introduced. So
high did the feeling run in Edinburgh that the Hamilton party had been
driven from their apartments in Holyrood Palace and their property
plundered. It was fortunate that this loophole of escape to another
court was opened, for before the Union such a cause would have led
almost to civil broil where the rival interests of the factions, through
the ramifications of marriage and other connections, extended so widely.
In earlier days the strife would have ended by an appeal to the sword on
the causeway. All the court influence of the Hamiltons had been bent,
and bent in vain, to secure the exclusion from the bench of Lord
Monboddo, counsel for Douglas, and a duel had been fought between their
agent Andrew Stuart and Thurlow the opposing advocate. The excitement
over the verdict of the Lords on Monday, February 27, 1769, was
u