lord, by his wife the Dowager Countess of Aboyne, had a son Charles, fourth lord, who dying unmarried in 1728, the title and estates devolved on his uncle Charles fifth Lord Kinnaird, against whom and his wife the following extraordinary action was brought.

This genealogical sketch can hardly be thought superfluous, as it enables the reader more fully to understand the bearings of the case.

Charles fifth Lord Kinnaird, succeeded his nephew, as stated, in 1728; and, in the following year, he married Magdalene Brown, daughter of William Brown, a merchant in Edinburgh. His next heir was the son of his cousin-german, Mr. Charles Kinnaird, who, as shown, was nephew, on the mother's side, to the fourth lord, the nephew and predecessor of the fifth lord. Hence appears to have been a feeling of enmity between these relations, augmented by the relative position in which they stood to each other.

Lord Kinnaird being an elderly and childless man, immediately on succeeding to the title married a young wife, who, though she belonged to a respectable mercantile family, was of birth inferior to her husband, and was regarded by the Kinnairds as an interloper. Also Charles Kinnaird may possibly have regarded his lordship with invidious feelings, as the successor of his

mother's brother, who was prematurely cut off in

the flower of his age.

the reason, Lord and

Whatever may have been
Lady Kinnaird felt very

great dislike to their cousin, the next heir to the family honours and estates, upon whom they were most strictly entailed.

Lord and Lady Kinnaird were married in 1729, and during eighteen years their desire to have a family was disappointed; and they now began to give up hopes of being enabled to supplant their kinsman. This circumstance seems to have aggravated their feelings towards him; and Lady Kinnaird in particular conceived such strong and inveterate malice against him, that she had been heard to say that she would be willing to do anything, even to her soul's perdition, in order to disappoint Charles Kinnaird of his succession to her husband.

On the 21st of September, 1747, Lady Kinnaird abruptly and clandestinely left her husband and household in the family mansion of Drimmie, in Perthshire, and secreted herself during several days. In the course of the month of October she returned home, and publicly gave out that during the time of her absence from Drimmie she had given birth to two sons, who were baptized, the one by the name of Patrick, and the other by that of Charles. Lord Kinnaird was overjoyed

at this intelligence, to which he accorded a willing belief. He acknowledged the children, and was delighted to find himself so well provided with heirs.

However, the world was not so easily persuaded of the fact. The whole affair seemed suspicious. It was said, that, before her departure from Drimmie, her ladyship did not look like a woman so near her confinement; neither did she, on her return, exhibit the appearance of one who had not very long become the mother of twins. Moreover, it looked strange that Lord and Lady Kinnaird studiously concealed the exact time and place of the birth, and the children were not publicly produced, but rather industriously kept out of sight.

The suspicions of Mr. Charles Kinnaird were naturally excited. He saw himself in danger of being deprived of the title and estate to which he had now for many years been confidently looking forward. He therefore considered it necessary to take legal steps, in order, if possible, to disprove the birth of two children who might hereafter be brought forward to deprive him of his inheritance.

He therefore instituted an action in the Commissary Court of Edinburgh, in which he demanded that Lady Kinnaird should be visited by warrant and authority of the commissaries; that Lord and Lady Kinnaird should be obliged to

specify the time and place of the pretended delivery; also the persons who were witnesses to it, and the place where the children were then lodged and nursed, in order that they might be visited and questioned. He further demanded, that if Lord and Lady Kinnaird refused to submit to this visit, to communicate the time and place of the birth, to name the witnesses, and to produce the children, the whole thing should be, by the decision of the Court, declared to be a forgery; so that if any children should hereafter be produced by Lord Kinnaird, and declared to be these twins, they should be considered as supposititious, and incapable of succeeding to his honours and estates.

Soon after this action was instituted, Mr. Kinnaird applied for a warrant to recover letters written by Lord and Lady Kinnaird, which might serve to elucidate the matter, and to prove the falsehood of the reports spread by them as to the alleged birth of the twins. This warrant was granted, in consequence of which several witnesses were called on to produce any letters written to them by Lord or Lady Kinnaird upon the subject of the birth. One of these is here inserted, not that it gives any countenance to the allegation of the forgery, but because it throws some light on the family circumstances, and the feelings which animated the parties towards each

other. This letter was written by Lord Kinnaird to the Lady Betty Ogilvie, wife of Mr. Ogilvie, of Inchmartin, and daughter of Charles, sixth Earl of Lauderdale. It is as follows:

"Drimmie, October 20, 1747.

"MADAM,-I have received a letter from my wife, in which she desires me to acquaint you that on the 23rd of last month she was delivered of twins (both sons), which I ordered to be baptized, lest any accident should happen to them. Their names are Patrick and Charles. I make no doubt but your ladyship will be surprised to learn that my wife did not lye-in at Drimmie, but in private. But you will not be so when I tell your ladyship that Mr. Kinnaird, when he was in the country some time ago, bribed all my servants, and was very indiscreet in his discourse. The knowledge of this came to my wife from one who had money offered, but refused it. This put my wife in a terrible fright, not thinking herself safe here; I, therefore, to make her easy, desired her to lye-in where she pleased, for her content of mind and safety. I hope your ladyship will excuse me in not acquainting you sooner; but till I heard that my wife and children were in a fair way of doing well, I did not send to anybody, and this is the first day that I have. Please make my compliments to Mr. Ogilvie and Lady Janet Dundas, and likewise Mr. Dundas, who