1 Robert Bell, A Dictionary of the Law of Scotland for the Use of the Public at Large, as Well as of the Profession (Edinburgh 1808) II, p. 543.
2 Edinburgh Evening Courant (22 January 1816), p. 3.
3 Signet Library reference 330:6. Link to
Subject Index: https://archive.org/details/
WSSocietySessionPapersSubjectIndexAndWriters.
4 Suspension: Henry Raeburn, Esq. of St. Bernards, and Others, against Andrew Kedslie, Proprietor of Stockbridgemill (26 October 1814; Signeted 14 November 1814), p. 2.
5 Graham Priestley, The Water Mills of the Water of Leith (Edinburgh 2001), pp. 68-9.
6 Suspension, appx, p. 1.
7 Suspension, appx, p. 1.
8 Suspension, appx. p. 2.
9 Suspension, appx, p. 2.
10 Suspension, appx, p. 2.
11 Suspension, pp. 1-2.
12 Suspension, p. 2.
13 Suspension, pp. 2-3.
14 Suspension, p. 3.
15 An interdict was a prohibition imposed by the civil court.
16 Suspension, p. 3.
17 Suspension, p. 6. The interdict remains as the primary remedy for dealing with claims of nuisance. It stops the action that is causing a nuisance pending investigation of the matters of fact and thereby prevents the occurrence of further damage. Gordon D. L. Cameron, ‘Civil Liability for Environmental Harm’, in Colin T. Reid (ed.), Environmental Law in Scotland, 2nd edn (Edinburgh 1997),
p. 175.
18 “More than is tolerable”
19 Criminal negligence
20 Brian Pillans, Delict: Law and Policy, 5th edn (Edinburgh 2014), p. 200.
21 Suspension, p. 6.
22 Robert Forsyth, Answers for Robert Saunders, Alexander Philip, Hugh Dickson, John Aitcheson, James Forsyth, John Mitchell, William Miller, Andrew Tait, and Alexander Pringle, all Bakers in Edinburgh; William Dalziel and Alexander Dalziel, both Bakers in Leith; Thomas Veitch, Baker at Stockbridge, and Robert Brown, Baker at Fountainbridge, - Purchasers of Stockbridge Mill from Andrew Kedslie and his Trustees, to the Condescendence of Henry Raeburn, Esq. of St Bernards and others (19 Dec. 1815). The addresses the defenders are given in appx 2 below.
23 Priestley, Water Mills, p. 4.
24 Forsyth, Answers.
25 Forsyth, Answers.
26 Forsyth, Answers.
27 Duncan Thomson, ‘Raeburn, Sir Henry (1756–1823)’, Oxford Dictionary of National Biography (Oxford 2004; online edn October 2008 [http://www.oxforddnb.com/view/
article/23007, accessed 10 Oct 2014].
28 Ibid.
29 Matthew Craske, ‘Raeburn’s First Biography: Allan
Cunningham’s Presentation of the Artist as Model Society Gentleman’, in Viccy Coltham and Stephen Lloyd (eds), Henry Raeburn: Context, Reception and Reputation (Edinburgh 2012), pp. 292-93.
30 William Raeburn Andrew, Life of Sir Henry Raeburn, R. A. with Portraits and Appendix (London 1866), p. 22. Duncan Thomson’s ODNB article on Raeburn corrects many of the myths created by Cunningham and Andrew.
31 Stephen Lloyd, ‘“I Cannot Coin Money for Them”:
Raeburn and the Nexus of Patronage, the Art Market and Global Trade’, in Henry Raeburn: Context, Reception and Reputation, ed. Viccy Cottnam and Stephen Lloyd (Edinburgh 2012), pp. 35-65 at 35, 51-52.
32 Lloyd, ‘“I Cannot”’, p. 58.
33 Raeburn retained a long-lease on his studio. Lloyd, ‘“I Cannot”’, pp. 57-58.
34 Thomson, ‘Raeburn, Sir Henry’.
35 Thomson, ‘Raeburn, Sir Henry’.
36 James Watt, quoted in H. W. Dickinson and Rhys Jenkins, James Watt and the Steam Engine: The Memorial Volume Prepared for the Committee of the Watt Centenary Commemoration at Birmingham 1919 (1927; repr. Ashbourne 1981), p. 84.
37 A. J. Youngson, The Making of Classical Edinburgh
(Edinburgh 1966; repr. 1975), p. 212-13.
38 McLeod, Agents of Change, p. 91.
39 Ibid., p. 212.
40 Murray, Cases, p. 5.
41 Jury Trials (Scotland) Act 1815 (55 Geo. III c. 42). For the background to this introduction see John W. Cairns, ‘“The Dearest Birth Right of the People of England”: The Civil Jury in Modern Scottish Legal History’, in John W. Cairns and Grant MacLeod (eds), The Dearest Birth Right of the People of England: The Jury in the History of the Common Law (Oxford 2002), pp. 1-15.
42 Cairns, ‘“Dearest Birth Right”’, p. 11.
43 Cairns, ‘“Dearest Birth Right”’, p. 13.
44 Cairns, ‘“Dearest Birth Right”’, pp. 6-7.
45 Edinburgh Evening Courant (5 November 1814), p. 4.
46 Edinburgh Evening Courant (10 December 1814), p. 4. The idea was not new: Lord Swinton, for example, published his Consideration Concerning a Proposal for Dividing the Court of Session into Classes or Chambers; and for Limiting Litigation in Smaller Causes; and for the Revival of Jury Trial in Certain Civil Actions (Edinburgh 1789)
decades before. Angus Stewart and David Parratt, The
Minute Book of the Faculty of Advocates, vol. 4: 1783-1798 (Edinburgh 2008), p. 61, n. 95.
47 Edinburgh Evening Courant (29 December 1814), p. 3.
48 Ian Douglas Willock, The Origins and Development of the Jury in Scotland (Edinburgh 1966), p. 256.
49 Cairns, ‘“Dearest Birth Right”’, p. 7.
50 Joseph Murray, Reports of Cases Tried in the Jury Court, from the Institution of the Court in 1815, to the Sittings at Edinburgh ending in July 1818 (Edinburgh 1818), pp. 1-8.
51 Mona Kedslie McLeod, Agents of Change: The Scots in Poland, 1800-1918 (East Linton 1999), p. 83.
52 William Clerk, Issue in the Cause in which Henry Raeburn, Esq. of St. Bernard’s and Others are Suspenders, and Andrew Kedslie, Proprietor of Stockbridge Mill, is Charger (20 December 1815).
53 An interlocutor was a special order (or in some contexts, a verdict) of the Court.
54 Jury Trial (Scotland) Act 1815.
55 Murray, Reports, p. 8.
56 Edinburgh Evening Courant (27 January 1816), p. 3.
57 Willock, Origins, p. 256.
58 Edinburgh Evening Courant (27 January 1816), p. 3; Murray, Cases, p. 4.
59 Edinburgh Evening Courant (27 January 1816), p. 3.
60 Murray, Cases, p. 4.
61 Dickinson and Jenkins, James Watt, p. 73. Jeffrey wrote an obituary for Watt after his death in August 1819. In it, he described Watt as ‘…the great improver of the steam-engine; but in truth, as to all that is admirable in its structure, or vast in its utility, he should rather be described as its inventor’. [Francis Jeffrey], ‘The Late Mr. James Watt’, Scotsman (4 September 1819), p. 285.
62 Murray, Cases, p. 6.
63 Edinburgh Star (23 January 1816), p. 3.
64 Edinburgh Evening Courant (27 January 1816), p. 3.
65 Jack Morrell, ‘Leslie, Sir John (1766–1832)’, Oxford
Dictionary of National Biography (Oxford 2004) [http://
www.oxforddnb.com/view/article/16498, accessed 12 Sept 2015].
66 Edinburgh Evening Courant (27 January 1816), p. 3.
67 Murray, Cases, p. 4.
68 Edinburgh Evening Courant (27 January 1816), p. 3.
The washerwomen may have been residents of Virgin
now Veitch’s Square. This was ‘one of most interesting
and picturesque localities in Stockbridge’ featuring one story thatched cottages covered with flowers surrounding a bleaching green. The square was managed by Thomas Veitch who vetted respectable widows and spinsters as tenants ‘who took in washing’. Cumberland Hill, Historic Memorials & Reminiscences of Stockbridge, The Dean,
and Water of Leith with Notices, Anecdotae, Descriptive, and Biographical, 2nd edn (Edinburgh 1877; repr. 1984),
p. 22. Thomas Veitch, a Stockbridge baker, was one of
those who bought Kedslie’s mill. He is listed among the purchasers of the Stockbridge Mill in Robert Forsyth’s Answers. This may raise a question about the veracity of the ladies’ testimony.
69 Edinburgh Evening Courant (27 January 1816), p. 3; Edinburgh Star (23 January 1816), p. 3.
70 Edinburgh Evening Courant (27 January 1816), p. 3.
71 Edinburgh Star (23 January 1816), p. 3.
72 Murray, Cases, p. 8. Kedslie’s son, Alexander, moved to Poland in 1829 to manage a steam mill at Solec in Warsaw. He managed this mill until 1836 when he became a farmer. McLeod, Agents of Change, p. 83. He brought ‘two millers with families from the mills of the water of Leith’ with him and his mill was noticed with approval by the Franklin Institute of Philadelphia. Thomas P. Jones (ed.), Journal
of the Franklin Institute of the State of Philadelphia and Mechanics Register Devoted to Mechanical and Physical Science, Civil Engineering, the Arts and Manufactures, and the Recording of American and other Patented Inventions (Philadelphia 1840), p. 9.
73 Richard Rodger, The Transformation of Edinburgh: Land, Property and Trust in the Nineteenth Century (Cambridge 2001), pp. 8-9.
74 George Joseph Bell, Principles of the Law of Scotland for the Use of Students in the University of Edinburgh (Edinburgh 1829), p. 238.
75 Bell, Principles, p. 239.
76 Willock, Origins, pp. 259, 261.
77 Scotsman (8 March 1843).
78 Scotsman (2 August 1901), p. 9; Scotsman (17 July 1901), p. 9
79 Scotsman (17 July 1901), p. 9.
80 Scotsman (2 August 1901), p. 9.
81 BBC News, ‘“Loud” Church Bell Stopped from Ringing in Edinburgh’ (2 September 2014) [http://www.bbc.co.uk/
news/uk-scotland-edinburgh-east-fi fe-29030882]
82 Beugo’s daughter Barbara married John Lauder’s son William in 1822. Blackwood’s Edinburgh Magazine (January 1822), p. 122
References
References