David Scougall

Commissioned by the sitter's father, John Hay, 2nd Earl and 1st Marquess of Tweeddale (1625-1697);
By descent to his eldest son, John Hay, 2nd Marquess of Tweeddale (1645-1713), the sitter's brother;
Thence by descent to William George Montagu Hay, 11th Marquess of Tweeddale (1884-1967), at Yester House, East Lothian;
With Thomas Agnew & Sons, London.

London, Royal Academy, The Age of Charles II, 1960-61, no. 458.

Yester papers, 10 March 1668, National Library of Scotland, Edinburgh, MS 14636;
E. Waterhouse, The Dictionary of 16th & 17th Century British Painters, Woodbridge 1988, p. 241, reproduced (as by John Scougall);
R. K. Marshall, 'Scougall family (per. c.1650–c.1740)', Oxford Dictionary of National Biography, Oxford University Press 2004, online edition, May 2009.

The picture is lighter in tone and fresher in colour than the catalogue illustration would suggest. The canvas has been lined and the paint surface appears to be in good overall condition. There is a mottled varnish and surface dirt overall. There is also very minor old frame abrasion around the edges, othewise the canvas appears structurally sound and the paint surface appears to be in good overall condition. Examination under ultraviolet confirms the presence of the varnish and reveals some minor scattered areas of old retouching which includes minor retouching to the face and some very minor strengthening to some of the curls of his hair. Elsewhere there are some minor localised cosmetic areas of retouching mainly in the darker pigments of the background. Offered in a carved gilt wood and plaster frame in good overall condition.
"In response to your inquiry, we are pleased to provide you with a general report of the condition of the property described above. Since we are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report. Prospective buyers should inspect each lot to satisfy themselves as to condition and must understand that any statement made by Sotheby's is merely a subjective, qualified opinion. Prospective buyers should also refer to any Important Notices regarding this sale, which are printed in the Sale Catalogue.
NOTWITHSTANDING THIS REPORT OR ANY DISCUSSIONS CONCERNING A LOT, ALL LOTS ARE OFFERED AND SOLD AS IS" IN ACCORDANCE WITH THE CONDITIONS OF BUSINESS PRINTED IN THE SALE CATALOGUE."

The sitter was the second son of John Hay, 2nd Earl and 1st Marquess of Tweeddale (1625-1697), and his wife Jean (d.1688), daughter of Walter Scott, 1st Earl of Buccleuch (1606-1633). We are grateful to David Taylor for endorsing the attribution to David Scougall on the basis of photographs.