About David Borthwick, of Lochill
"Mr. David Borthwick appears as one of the nine procurators selected by the court on the 1st March 1549. He was named member of a commission appointed in 1552 to treat of the affairs of the borders with the Commissioners of England. He appears to have acted as the ordinary counsel for James Earl of Bothwell, and took instruments on his part of Queen Mary's forgiveness of the outrage on her person at Dunbar, which she pronounced in court on the 12th May 1567. He was appointed Lord Advocate, and an Ordinary Judge, on 20th October 1573, and retained both situations till his death, which happened in January 1581, having been buried on the 31st of that month. He was succeeded by Creighton of Elliock in both situations. According to Scotstarvet, he acquired many lands in Lothian and Fife, but having infeft his son, Sir James, in them, had the mortification to see them sold by the improvident youth. When on his death-bed, hearing that he had lately sold the estate of Balnacrieff, the old man is said to have spoken these words What shall I say I give him to the devil that gets a fool and makes not a fool of him. These words became proverbial as Mr David Borthwick's testament."
SOURCE: An Historical Account of the Senators of the College of Justice: From Its Institution in MDXXXII; by George Brunton, David Haig; 1832; Page 154