John (Nisbet) Nisbet of Dirleton (1610 - 1688)

Ancestors

Husband of Helen (Hay) Nisbet — married about 16 Jun 1653 (to 12 Jun 1659) in Edinburgh

Husband of Jean (Morrison) Nisbet — married 30 Jan 1670 in Dirleton, Scotland

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Biography

John Nisbet was baptized 01 Jul 1610 at Edinburgh called lawfull son of Mr Patrik Nisbet adv (Patrick Nisbet) and Jeane Arthour (Jean Arthur). The witnesses to the baptism were Mr. John Arthur and Mr. John Hamilton^[1][2]

Sir John Nisbet, Lord Advocate, was raised to the Bench in 1661 with the title, Lord Dirleton. The previous year he had brought the estate of Dirleton, which "stood him a great sum of money and was looked on as a great bargaine and purchase at that time". He had made his name defending the great Montrose but he was to incur hatred for his severe and unscrupulous treatment of the Covenanters.

He has been said to have been married 4 times (but also here some conflicting information ).

The first was about 1636 to Margaret Fletcher, who we find mentioned in a discharge by Mr John Nisbet, advocate, and Margaret Fletcher his wife to Sir Andrew Fletcher of Innerpeffer, 4 August 1636.^[3]

He married the 16 Jun 1653 to Helen Hay who passed away in 1659. ^[4] Discharge by Mr John Nisbet, advocate, to Jean Winerame, relict of Mr Alexander Hay clerk of Session, his mother-in-law, for annual rent of tocher due by contract of marriage between the said Mr John and Helen Hay, 15 April 1653. ^[5]

It is also claimed that he then married Susanne Monypenny, (Susanna Moneypenny (1644-) (I have not found any real proof that there was such a marriage to Susanna) Susanna Monypenny was baptized 19 February 1649 daughter of Sir James Monypenny, 18th of Pitmilly and Helenor Maule) according to unreliable source -Mosley, Charles, editor. Burke's Peerage, Baronetage & Knightage, 107th edition, 3 volumes. Wilmington, Delaware, U.S.A.: Burke's Peerage (Genealogical Books) Ltd, 2003. She would when above wife died only have been 10 years old and almost 21 when he married the next wife. I found a little older Susanna, daughter of James Sir & Moneypenny Elizabeth Morrison, was born or baptised on 29 Feb 1644 in Kingsbarns, Fife, Scotland.^[6] (I have not found any baptism Susanna 1649 and all the children listen have mother as Elizabeth Morrison not Helenor Maule)

His last married was 30 Jan 1670 to Jean Morrison - Johne Nisbet proclamation 30 Jan 1670 to Jean daughter of Sir Alexander Morrison of Prestongrange. Jean married Johne Nisbet on or after 30 Jan 1670 in Dirleton, Haddingtonshire, Scotland.^[7]

. On the 28th June 1676 a letter from the King was read in the ' Treasury ' commanding Sir John Nisbet, his Advocate, to call for Sir George Mackenzie's assistance in the concerns of his office and act by his advice, and granting £100 sterling of pension for the same.^[8] In 1677 Sir John Nisbet of Dirleton, then Lord Advocate, was accused of having given advice and taken fees from both parties to a cause^[9]

Old Kirk Parish. 1694 Poll tax return

Nisbet of Dirleton, Dame Jean Morison, widow of Sir John Nisbet of Dirleton; man servant, John Morrison, unpaid; women servants, Margaret Morrison, at £30 and Janet Bone, at £16 a year. No hearths "not having then a lodging of her own but chambers taken."

Annent a petition given in and presented to their majesties' high commissioner and estates of parliament by Dame Jean Nisbet, lady Harden and Sir William Scott, younger of Harden, her husband for his interest, shewing that where the deceast Sir John Nisbet of Dirleton, by his contract of marriage with Helen Hay, is second lady, was obliged to provide the children of that marriage to the sum of twenty thousand pounds Scots, and to the half of the conqueist during the marriage, albeit he had then a son alyve of his first marriage who afterwards dyed, and the said Dame Jean Nisbet, being his only child, was only provyded to the sum of twenty thousand merks when she was marryed to the said Sir William Scott, although Sir William's father gave the fee of his whole estate to the children to be procreate of that marriage, and to the said Dame Jean Nisbet ane annuity of six thousand merks yearly, and all this was acquiesed to by the said Sir William Scott and his friends, upon the said Sir John Nisbet, his faithfull promise, that his daughter should succeed to all his estate, otherways it had been impossible that Sir William Scott would have taken with his lady as an heretrix a less portion than was due to her, by her mother's contract of marriage when she had an elder brother alive. The said Sir John, in pursueance of his faithfull and reiterated promises, did resigne his estate in anno one thousand, six hundred and eighty five for new infeftments to be given to himself and the heirs male of his own body, which failyeing to his heirs female, but therafter, his lady and her friends, having misrepresented the said Dame Jean Nisbett to her father, he was induced to make a new tailyie of his estate, in favours of William Nisbet, younger of Craigentinny, and his heirs male, because he was to marry and, thereafter, did marry the Lady Dirleton's niece, and failyeing of them, in favours of Hary Nisbet, younger of Deane, and his heirs, who had marryed also another of her nieces, which failyeing the estate to returne again to Craigentinnies other heirs male, which failyeing to the said Hary his other heirs male, traverseing and cutting thus all the ordinar lynes established both by law and nature, for first his only daughter is absolutely excluded.^[10]

Sir John Nisbet of Dirleton died or was buried on 13 Apr 1688 in Edinburgh, Edinburghshire, Scotland.^[11]

Children

He had 6 children between 1638-1650 with Margaret Fletcher who all died young.  He had also 4 children between 1655-1659 with Helen Hay, all died young other than Jeane his only surviving child.His last wife Jean Morrison’s niece Jean Bennett was married to John’s great nephew William Nisbet of Craigentinnie.

• Andrew (Nisbet) Nisbet of Dirleton baptized 18 Dec 1638 at Edinburgh^{[12] [13]}
• Rachel Nisbetbaptized 26 Nov 1641 at Edinburgh^[14][15]
• Martha Nisbet baptized 16 Jul 1644 at Edinburgh^[16][17]
• Lues Nisbet baptized 04 Dec 1646 at Edinburgh^[18][19]
• Johne Nisbet baptized 15 May 1648 at Edinburgh^[20][21]
• Margaret Nisbet baptized 10 Jan 1658 at Edinburgh^[22][23] died young
• Patrik Nisbet baptized 27 Sep 1655 at Edinburgh^[24][25]died young
• Jean (Nisbet) Scott ^[26]
• Margaret Nisbet^[27]
• Alexander Nisbet baptized 22 May 1659 at Edinburgh^{[28] [29]} died young

all his children died young (except daughter Jean *1657)

Occupation

Sir John Nisbet, Lord Dirleton, was a Scottish judge. Admitted as an advocate in 1633, he was sheriff-depute of Edinburghshire from 1639. He defended James Graham, 1st Marquess of Montrose in 1641. He was appointed Lord Advocate and raised to the bench with the judicial title Lord Dirleton in 1664. He severely persecuted the Covenanters. He was a commissioner for the union of Scotland and England in 1670, and was forced to resign his position as Lord Advocate in 1677.

Property

In 1663, he purchased the estate of Dirleton, in East Lothian, which included Dirleton Castle, and Archerfield Estate.

John bought Dirleton in 1663 and Dirleton was entailed from Sir John to (his great nephew William who was married to a niece of 3rd (4th?) wife Jean Morrison)

Conspiracy over inheritance

His last wife Jean Morrison’s niece Jean Bennett was married to John’s great nephew William Nisbet of Craigentinnie. This grand nephew was married twice and had 19 children, both wives were named Jean Bennett.

Jean Morrison and William conspired to get Sir Johns's testament changed.If the inheritance had passed without any restrictions to Sir John’s daughter, who was the child of a previous marriage, then her stepmother would have been left without a secure income. Recognizing the advantages of this uncertainty, William had bribed Lady Nisbet with an offer of a bond of 40,000 merks, which would carry with it the financial security of an annual rent. Not content with gaining Dirleton by this underhand method, William, ‘thinking the gratification too large’, subsequently persuaded the widow to accept a new bond for 30,000 merks. After his last marriage, when the said Sir John Nisbet was desirous to see his daughter and did frequently call for her, there were several indirect and trinquetting methods used to divert her from paying that duty which was incumbent to a child to perform to a father: viz, it was told her father, when she was called for by him, that she was sometimes indisposed, sometimes that she would not come, and at other times, that she was abroad; and the daughter was informed on the other hand, when she was most earnest to attend upon her father, that her father would not look upon her. So that by these unjust means, both the father and the daughter were imposed upon, and she tricked out of the estate which belonged to her by law and nature

Sources

1. ↑ Baptism Index Scotlands People Old Parish Registers Edinburgh Midlothian 1610 Johne Nisbet baptized 01 Jul 1610 at Edinburgh child of Patrik Nisbet and Jeane Arthour - 685/110 401 - Edinburgh
2. ↑ Baptism abstract Old Parish Registers Edinburgh Midlothian Johne baptism 1 Jul 1610 lawfull son of Mr Patrik Nisbet adv and Jeane Arthour witnesses: Mr John Arthur Mr John Hamilton, - 685/110 401 - Edinburgh
3. ↑ Extract registered discharge by Mr John Nisbet, advocate, and Margaret Fletcher his wife to Sir Andrew Fletcher of Innerpeffer., 4 August 1636. Catalogue of Archives and Manuscripts Collections- National Library Scotland Edinburgh
4. ↑ Banns/marriages Index Scotlands People Old Parish Registers Edinburgh Midlothian 16 Jun 1653 at Edinburgh Johne Nisbet and Helene Hay - 685/1440 18 - Edinburgh
5. ↑ Papers of the Brooke Family of Biel, East Lothian GD6/1360 16/5/1654
6. ↑ Birth or Baptism: "Church of Scotland: Old Parish Registers - Births and Baptisms"
   National Records of Scotland, Parish Number: 441; Ref: 10/6; Frame: 9
   scotlandspeople.gov.uk/ (accessed 7 March 2024)
   Susanna Moneypenny born or baptised on 29 Feb 1644, daughter of James Sir & Moneypenny Elizabeth Morrison, in Kingsbarns, Fife, Scotland.
7. ↑ Marriage: "Church of Scotland: Old Parish Registers - Banns and Marriages"
   National Records of Scotland, Parish Number: 705; Ref: 10/77; Frame: 49
   scotlandspeople.gov.uk/ (accessed 6 March 2024)
   Jean Morisone marriage to Johne Nisbet on or after 30 Jan 1670 in Dirleton, Haddingtonshire, Scotland.
8. ↑ —Fountainhall's Journals, 226.
9. ↑ MacKenzie-Wharncliffe Deeds page 11
10. ↑ -Parliamentary Register Edinburgh 7 June 1693
11. ↑ Death or Burial: "Church of Scotland: Old Parish Registers - Deaths and Burials"
    National Records of Scotland, Parish Number: 685/1; Ref: 800/34
    scotlandspeople.gov.uk/ (accessed 6 March 2024)
    Sir John Nisbet of Dirleton death or burial on 13 Apr 1688 in Edinburgh, Edinburghshire, Scotland.
12. ↑ Baptism Index Scotlands People Old Parish Registers Edinburgh Midlothian 1638 Andrew Nisbet baptized 18 Dec 1638 at Edinburgh child of Johnne Nisbet and Margaret Fletcher - 685/140 440 - Edinburgh
13. ↑ Baptism abstract Old Parish Registers Edinburgh Midlothian Andrew baptized 18 Dec 1638 son of Mr Johnne Nisbet advocat & Margaret Fletcher witnesses Sir Wm Elphingstone Sir Andrew Fletcher Sir Patrick Nisbet senator Sir Lues Stuart advoc
14. ↑ Baptism Index Scotlands People Old Parish Registers Edinburgh Midlothian 1641 Rachel Nisbet baptized 26 Nov 1641 at Edinburgh child of Johnne Nisbet and Margaret Fletcher - 685/140 584 - Edinburgh
15. ↑ Baptism abstract Old Parish Registers Edinburgh Rachel baptized 26 Nov 1641 daughter of MR Johnne Nisbet & Margaret Fletcher witnesses Sir Andrew S.... of ... Sir Patrick Nisbet of Eastbank Sir Lues Stuart Sir Harie Nisbet Patrick Whyters.. Sir Alex Belf..? of Tofte
16. ↑ Baptism Index Scotlands People Old Parish Registers Edinburgh Midlothian 1644 Martha Nisbet baptized 16 Jul 1644 at Edinburgh child of Johnne Nisbet and Margaret Fletcher - 685/150 104 - Edinburgh
17. ↑ Baptism abstract Old Parish Registers Edinburgh Martha baptized 16 Jul 1644 daughter of Mr Johnne Nisbet commiss & Margaret Fletcher witnesses Sir Patrick Nisbet Mr Thomas Aikinhead commissar Patrick Blackburn Mr Henry Nisbet
18. ↑ Baptism Index Scotlands People Old Parish Registers Edinburgh Midlothian 1646 Lues Nisbet baptized 04 Dec 1646 at Edinburgh child of Johnne Nisbet and - 685/150 178 - Edinburgh
19. ↑ Baptism abstract Old Parish Registers Edinburgh Lues baptized 4 Dec 1646 son of Mr Johnne Nisbet commissar of Edinburgh witnesses Sir Alex ... of Sir Patrick Nisbet Sir Lues Stuart Sir Alex Damahoy younger
20. ↑ Baptism Index Scotlands People Old Parish Registers Edinburgh Midlothian 1648 Johne Nisbet baptized 15 May 1648 at Edinburgh child of Johne Nisbet and Margaret Fletcher - 685/150 250 - Edinburgh
21. ↑ Baptism abstract Old Parish Registers Edinburgh Johne baptized 15 May 1648 son of Mr Johne Nisbet commisar of Edinb & Margaret Fletcher witnesses Sir Lues Stuart Sir Henri Nisbet Sir Wm Nisbet Mr Henri Nisbet Mr John Gilmour Mr John Inglis John Nisbet
22. ↑ Baptism Index Scotlands People Old Parish Registers Edinburgh Midlothian 1658 Margaret Nisbet baptized 10 Jan 1658 at Edinburgh child of Johne Nisbet and Helene Hay - 685/160 59 - Edinburgh
23. ↑ Baptism abstract Old Parish Registers Edinburgh Midlothian10 Mar 1650 bap MARGARET Mr Johne Nisbet one of the commisioners of Edinburgh & Margaret Fletcher witnesses Sir Andrew ---? Sir Lues Stuart Sir Wm Nisbet and Sir Harie Nisbet mertch Mr James and Mr John Baird comiss
24. ↑ Baptism Index Scotlands People Old Parish Registers Edinburgh Midlothian 1655 Patrik Nisbet baptized 27 Sep 1655 at Edinburgh child of Johne Nisbet and Helene Hay - 685/150 588 - Edinburgh
25. ↑ Baptism abstract Old Parish Registers Edinburgh Midlothian 27 Sep 1655 bap PATRIK son of Mr Johne Nisbet advocate and Helene Hay witnesses: Sir Wm Nisbet of the Deane Sir Harie Nisbet Sir Robert Fletcher Sir John Gilmour advocat Robert Murray baillie Patrick Murray Patrick Whytans
26. ↑ Jeane baptized 11 Jan 1657 daughter of Mr Johne Nisbet commissar and Helene Hay witnesses: John Gilmour advocat Sir Arch Primrose Sir Henrie Nisbet Mr John Fletcher advocate OPR Scotland People, Edinburgh
27. ↑ Margaret baptized 10 Jan 1658 daughter of Mr Johne Nisbet commissar and Helene Hay witnesses: John Gilmour advocat Sir Arch Pringel Mr John Elie Mr John Fletcher Mr Peter Wedderburn Mr William Syme advocate OPR Scotland People, Edinburgh
28. ↑ Baptism Index Scotlands People Old Parish Registers Edinburgh Midlothian 1659 Alexander Nisbet baptized 22 May 1659 at Edinburgh child of Johne Nisbet and Helene Hay - 685/160 133 - Edinburgh
29. ↑ Baptism abstract Old Parish Registers Edinburgh Midlothian Alexander baptized 22 May 1659 son of Mr Johne Nisbet commisiner of Edinburgh and Helene Hay witnesses: Sir Henrie Nisbet Sir John Gilmour Mr Andrew Gilmour Mr Andrew Gibson fiar of Adiston Mr John Fletcher advocat Mr Alex Swinton comissa clerk Robert Murrat of Cameroun Mr John ....gall of Humber