Page:Dictionary of National Biography volume 40.djvu/67

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who is thus represented as urging the king to take proceedings against his father-in-law (Memoirs, p. 162). Calderwood (Hist. Church of Scotl. 1678, p. 292) calls the deputy, however, 'the Laird of Merchistoun,' that is, Napier's father.

As a landlord Napier also had his troubles. There had been disputes of long standing, occasionally leading to violence (see Reg. Mag. Sig. 2 Nov. 1583), between his father's tenants of Calziemuck and the Grahams of Boquhopple and other feuars of neighbouring lands in Menteith. In August 1591 matters came to a crisis, with reference to the ploughing and sowing by Napier's tenants of land which the feuars alleged to be commonalty; and on the 20th of that month Napier, who appears to have managed the Menteith property for his father, wrote to him from Keir describing how the feuars had summoned him and his tenants to find law burrows (i.e. sureties that they would not harm the person or property of the complainers) and had put an arrestment on their crops, 'so that there is certainly appearance of cummer to fall shortly betwixt them and our folks.' As he had no mind 'to mell with na sik extraordinar doings,' he prayed his father to find caution for him in a thousand merks (Memoirs, p. 148). This was accordingly done on 23 Aug. (Reg. Privy Council, iv. 673). Disputes between the same parties were repeated in 1611, 1612, and 1613 (ib. vols. ix. and x.), but at length on 14 June 1616 Napier obtained a disposition of the lands of Boquhopple in favour of himself and his son Robert (Douglas, Peerage, ii. 291). In July 1594 he entered into a curious contract with Robert Logan of Restalrig. The document is in Napier's handwriting throughout. After referring to divers old reports of a treasure hidden in Logan's dwelling-place of Fast Castle, he agreed to go thither, and 'by all craft and ingyne endeavour to find the same, and by the grace of God, either shall find it, or make sure that no such thing is there so far as his utter diligence may reach.' Should the treasure be found, Napier was to have a third as his share, and he further bargained that Logan was himself to accompany him back to Edinburgh to insure his safe return without being robbed, a contingency not unlikely if the laird of Restalrig were absent and free to give a hint to his retainers that money might be got by robbery (Memoirs, p. 220). That Napier's experience of Logan was unsatisfactory seems proved by the terms of a lease granted by him at Gartnes, on 14 Sept. 1596, in which it was expressly stipulated that the lessee should neither directly nor indirectly suffer or permit any person bearing the name of Logan to enter into possession. At the same time a like exception was made with reference to Napier's nearest neighbour at Gartnes, Cunningham of the house of Drumquhassil, with whom he , had a dispute respecting crops in 1591 (ib. pp. 148, 223). Towards the close of 1600 his half-brother Archibald was murdered by the Scotts of Bowhill, and Napier and his father had much trouble in restraining the dead man's family from taking the law into their own hands (Memoirs, p. 302; Pitcairn, Crim. Trials, ii. 339; Reg. Privy Council, vi. 259, 267). On 30 April 1601 he became cautioner for his father's brother, Andrew Napier, 'touching the mass which was said in his house' (Reg. Privy Council, vi. 632). On 11 March 1602 he brought a complaint against the provost and baillies of Edinburgh that they had caused 'build scheillis and ludgeis to their seik personis infectit with the pest upoun the said complenaris yairdis of his proper lands of the schenis' (ib. vi. 359). On 20 Jan. 1604 Napier's turbulent neighbours, Allaster McGregor of Glenstrae, Argyllshire, and four of the Macgregor clan, were brought to trial at Edinburgh for making a raid on their foes the Colquhouns, and Napier was one of the assize of fifteen persons who found them guilty of capital crimes (Crim. Trials, ii. 430). On 30 July 1605 he and another were named arbitrators by Matthew Stewart of Dunduff concerning the slaughter of his brother (Reg. Privy Council, vii. 106).

On Sir Archibald's death, on 15 May 1608, Napier, who came into full possession of the family estates, at once took up his abode in the castle of Merchiston. His position as laird was first publicly recognised by the lords of the privy council on 20 May, when he was appointed a commissioner to fix the price of boots and shoes twice a year for Edinburgh (ib. viii. 93). A bitter quarrel followed between Napier and his half-brother Alexander and his half-sisters as to their respective rights over the family property (Memoirs, p. 317). Alexander disputed Napier's title to the lands of Over-Merchiston, and a long litigation, which was not concluded until 9 June 1613, was necessary before Napier was served heir to that property (ib. p. 313). In another dispute regarding the teind sheafs of Merchiston, the privy council was informed on 1 Sept. 1608 that Napier and his relatives each intended to convoke their kin and friends and such as will do for them in arms, for leading and withstanding of leading of the said teinds.' Consequently the lords appointed William Napier of Wrichtishousis