 Prior to 20 October 1575 he was appointed an Ordinary Lord in the College of Justice.On 9 January 1579 he and his brother Archibald were excused attendance at court due to Archibald's illness, which was thought to be so serious that his brother should not leave him.After the fall of Regent Morton in March 1581 Whittingehame was threatened with torture by the boot, a device to crush the victim's leg, as were other servants of the Earl of Angus and Morton including George Auchinleck.