that the Cause shall proceed, or that Def shall answer, or that the matter alleged in manner and form is not sufficient, or that you cannot take Cognisance of any such privilege so alleged; and then all the doctrine I have given you a sketch of will be properly used in Support of a Judgement so general. They can proceed in no way but by complaint to the House against the Partys and Agents for a breach of Privilege. It will then be matter of debate there, whether it is a breach of Privilege or not, and you will have taken the thorn out of your own foot, and put it into theirs. These are my thoughts. I write them just as they occur; and so unconnectedly, that I am afraid I shan't be intelligible. I have been broke in upon, too, so often while I have been writing, it is too late to send it to Geo: Ross; so I will venture it by the Post, under a common direction. I am, My Dear Lord, W. MURRAY. The Czarina is dead, and has left her Lover, the D. of Courland, guardian of the Empire during the minority of an Infant 2 months old. It is very probable they are already altogether by the ears. I hear, Lord Hyndford is going Minister to Prussia; but don't mention it till you have it from another hand, because 'tis not talked of yet. Note: This Letter has no date; but must have been written in November or December 1740, soon after the Czarina Anne died. No. CCVIII. Memoriall anent the Records of Scotland 1740. THE antient Records keept in his Majestie's Register House att Edinburgh, below the Parliament House, are in very bad Condition, for want of Boards to cover them; many of the first and last Leafs of each Book being so much obliterat as they cannot be easily read, and in a litle time will be intirely defaced. For preventing whereof, it may be thought expedient, That application be made to the Government for procuring a fund, in order to rebind all the Records of Charters, Records of Parliament, Records of Privy Seal, Records of Privy Council, &c. and for the more sure preservation of the antient Charters, Sasins, and Records of Parliament. That these be bound in Russia Leather, which no Vermin will touch. The Charters of King Robert Bruce, K. Da. 2a K. Ro' 2. K. Ro' 3a and of Robert Duke of Albany, Governour, are as yet in Rolls, much obliterat, not booked, notwithstanding of an Act of Parliament in Anno 1469 K. Ja. 3o Parl. 5. Cap. 39. ordering them to be put in Books, and to have Sik Strenth as the Rolls had before. The Warrants of the Union Parliament are not as yet booked, which ought to have been done by the then Lord Register, or his Deputs, keepers of the Records. st John Corss, the present keeper of Records, has not only made ane exact Index of all the Rolls down to K. Ja. 1; but has compleated the Index alphabetically down to the year 1670, in three large folios of Lombard paper. The keepers of the Records under the Lord Register before the Union had very considerable Emoluments by their Office, extending to about 200l. Ster. per annum, aryseing from frequent Sitting of Parliaments and Privy Council; but since the Union, tho' the keepers furnish paper and parchment, and writ all the Rolls of Parliament, the Oaths for qualifying the Members at the Election of Peers, and the returns of those Elected, 10* Elected, yet the emoluments aryseing to the keepers do not now extend to 201. Ster. per annum, notwithstanding of the great trust and their constant attendance. The said John Corss has lately looked into one of the Old Hogsheads in which the Records and Warrants were brought from London after Cromwel's usurpation, in Anno 1661, and ther found a great number of very antient and valuable Writs; some whereof concern the institution of the Colledge of Justice, many Pope's bulls, and other Writs of great curiosity, which will be of singular use in after times for illustrating the history of this kingdom; and particularly two Books relating to the Commission of Teinds; One whereof is a Sederunt Book of the High Commission, from Anno 1633 to Anno 1650. The other, of the Sub-commission, from Anno 1638 to the year 1650. Ther are as yet ten Hogsheads not looked into, wherein many other antient Writs may be found; which, when found, may be put in order conform to the daits, and recorded. It is informed, that a search has bein encouraged in England in the time of her late Majesty Queen Anne, and a fund provyded and given to Master Holins, Keeper of the Records in the Tower of London, for collecting, putting in order, and booking, the antient writings ther found, which had not formerly been looked into. This precedent may be a mean to procure the like search to begin in this kingdom, and a competency provyded for the person to whose care it may be recommended. The Keepers here think themselves in duty bound to present this Memoriall, especially at this juncture, when ther appears some inclination to notice what concerns Publick Offices in this Kingdom, that something may be done for repairing the decayed condition of the antient Records, in the first place; and some encouragement provyded to the Keepers for their care and constant attendance, and for the necessary work to be performed, if the Government think to order the same to be done. The Index of the Rolls, &c. above mentioned, having been of such great advantage to the Leidges, that any Charter can now be found in less time than ane hour, which before might have taken moneths to find, and the said Index being the property of John Corss, the compiler thereof, and not belonging to the Office; it is justly to be feared, that if this Index goes out of the Office, the Leidges will be in the same uncertainty and confusion, and als much time will be consumed in searching out ther old Writs as befor the Index was made. It is therfore humbly proposed, that the said Index be purchased by the Government, and appropriated to the Office; and that a certain allowance be given to the said John Corss, to carry it down to this present time; which he thinks he can perform by closs application in something more than a year. The former compila" having been finished, by great labour and industry, in the space of fyve years. No. CCIX. Memoriall anent the antient Rolls and Registers in the lower Parliament House, & Proposalls, &c. 1740. Memoriall from William Smith, Clerk to his Majestie's Chancellary, anent the antient Rolls and Registers of Charters, Patents of Honour, &c. in the lower Parliament House, in the keeping of my Lord Register. THESE Rolls and Registers, the Memorialist averrs, were always kept in His Majesty's Chancellary, till ordered up to London by Oliver Cromvell; at which period they were in exceeding good Order. These These Rolls and Registers, the Memorialist further averrs, after they, with the several other kinds of Records, such as Hornings, Inhibitions, Sasines, &c. were, at the Restoration, remanded to Scotland; were for some time kept in the Castle of Edinburgh, and afterwards ordered down to the said lower Parliament House; from which period their ruin commences: but more of this afterwards. The late Earl of Marchmont, when Lord Register, having charged with Horning the Director and Clerks of Chancellary, to deliver in to the said House all the other Records of Charters from the year 1646 to January 1727; the Director and Clerks suspended the charge upon the allegation, that, in virtue of severall Acts of Parliament, they were the sole Custodiers of the said Records; which, in course, falling to be debate before my Lord Streichen, and afterwards before the whole Lords, they by their Decreet, dated the 28th of November 1732, after many tedious pleadings, and in consideration of many circumstances tending to explain the Generall Act of Parliament ordaining all Registers to be kept in the said House, and what these Records were that shou'd be kept there, "Suspended the Letters and Charges raised, used, and execute "against them, and haill grounds and warrants whereupon the same proceeded "simpliciter." After which the Director and Clerks were thinking to have sued the said Lord Register for redelivery of all the Rolls and Registers of Charters then and still in his keeping, as being virtually, and in consequence of the above Decreet, the sole legall custodiers of the same, viz' from the reign of King Anno to the [year] 1646 (and, from what is above said, could not possibly have been a tedious process); but after consideration of the miserable circumstances these Registers and Rolls were in, and daily growing worse, occasioned by the dampness of that low House, and thereby incredibly productive of Moths, these eating the Parchment upon which they are writ, and the other washing out the Ink; and the great trouble and expence it must put any Person to, who would, for the love of antiquity and his countrey, take upon him to redeem them; upon these considerations, I say, wee gave over further thoughts of the matter. But, however troublesome, yea impracticable to some, the redemption of these Rolls and Registers from their present misery, and restoration of them to their primary circumstances, may appear; The Memorialist, despising the trouble, is of opinion, that the work may be put in practice, and to very good purpose, if the following proposalls are agreed to. PROPOSALLS by the Memorialist for recovering the antient, the invaluable, the almost ruin'd Registers, and Rolls of Charters, in the keeping of My Lord Register. Prop. 1". That, upon a Petition to the Lords of Session, they summarily ordain the said Registers and Rolls to be redelivered to the Director and Clerk of Chancellary, as the only legal. Custodiers of the same; for, was there no more in the matter, it looks mighty odd, That of Registers all of a kind, the one half of them shou'd be kept in one place, and the other half in another. Prop. 2. That so soon as these Records are recovered and put in a right place, secure from dampness and Moth (which place the Memorialist has of a long time had in view), the Memorialist, as Clerk of Chancellary, have an annuall allowance, 1st For the said Office; 2dly, For Parchment to transcribe the said Registers and Rolls upon; 3dly, For binding of the new, and rebinding of the old Records; and 4thly, For Coal and Candle, and other little Incidents. Prop. Prop. 3. That there be an Annuall allowance of £200. or £50. quarterly, given to the Memorialist for writing and transcribing the said whole Rolls and Registers, till ended; and which work, together with two Minute Books of the whole, one in Common form and for Common use, and the other Alphabeticall and for a friend, The Memorialist is of Opinion may be finisht, and the whole reduced to better order than any Records yet seen in this Kingdome, in ten or twelve years time at the furthest. Prop. 4th. That, as the Work is of a nationall concern, The Lords of Session and Barons of His Majestie's Court of Exchequer, from time to time, delegate certain of their number to revise the Work and Report. Prop. 5th. That, after the work is finished, the Office Rent, Coall, and Candle, and the said £60. be continued to the Memorialist for his Encouragement. ACC" of the Annuall expence for transcribing the antient Registers and To 4 Servants Transcribers of the said Records at £35, each yearly. To the Clerk of Chancellary for overseeing & carrying on the work My Dear Lord, No. CCX. M' Murray to the Lord President. I AM told,. a Gentleman who will deliver this sets out to-day. I am unwilling to lose so good an opportunity of writing, tho' I have not time at present to do more than to thank you for the favour of your last, the contents of which give me pain. I am sorry you have had occasion for the uneasiness you express; but I am still sorrier that the occasion has the power of making you uneasy. If I durst, I would remonstrate to you upon this subject. If your task was easier, your merit would be less; if you had not the folly and passions of many to bear, the Public would be less obliged to you for the good you do; but still I must own, tho' Philosophy can unanswerably prove, that your satisfaction should depend, not upon the Conduct of others, but your own, it is very natural to be mortified at such accidents. Judge of the anxiety of many of your friends, such as M' P. L. Ch. D. of A, &c. when I am desired, in a manner I don't know how to refuse, to acquaint you, that it is the earnest desire of all of them, you would suffer a change to be made in the Representation of your Boroughs. By what I collect, it is not the difference of a member which could make them in any degree so earnest; but they dread, that your not doing this will be imputed to a contrary opinion, or different friendship. They want much more, as I understand, not to have the credit of your name, even by implication, in the opposite scale, than ten times the assistance you could or would give. I could I could not refuse telling you this, without saying any thing from myself; I don't know how the thing stands; and if I did, I am not a proper judge. As to foreign news, there is an Account come of a great Victory got by the Prussians in Silesia, which they are following with expedition. The French fleet is coming back, ignominiously they say; they say; if they are not, I dare say we shall hear of their being attacked. My Lord, Mr. Fane to the Lord President. As to Sackville Street, 30th Octobr 1741. YOUR favour of the 27th August is now before me unanswered, occasioned by the Messenger's not delivering it very quick, nor calling soon for an answer. the question you ask me ab' my Uncle, I don't see him abate in his inclination to serve a Man who I think treats him ill. I must own, it is with regret I go to the Treasury; and was I so happy as to be released from my attendance, 'twould give me the greatest pleasure; for how can a Man, who for 17 years has given up his whole time to serve another, see his services slighted, and a Person of jacobite principles put at the head of an Office, without knowledge, fortune, or family; enjoying not only the honour of a post, but six times the profit I enjoy, whilst I continue to be an under Clerk to one whom I don't think my equal in either of the three things I have mentioned. Besides, as to my Uncle, has he not long been their drudge, to one or other of their family; and at last to be joined with a raw Boy, famous for nothing but having the acquaintance of one of Walpole's Sons, who has pushed him so far above himself, and all his father's real friends. As I have lately so fatally experienced the uncertainties of this life, I can't but look upon myself in duty bound to do only such things as are agreable to the dictates of my conscience (without favour to any one man's way of acting to aggrandize a fortune to himself or family), so as to pass away this life with peace of mind, and to be able to look upon the change which may happen to me without terror or apprehension. And how a Man can act with honour under one who, at the same time the N―n is undone by his measures, he & his Sons are living, & have lived, in open adultery and fornication, scoffing at every thing honest and just, and bidding defiance to all virtue and Religion, I must leave to you and wiser heads than mine to determine. Upon the whole, perhaps, you may think me mad; but the subject is so disagreable that I lose my temper when I think of it. I thank God, I am contented with my fortune, wch I owe to my Uncle, and wish to pass the remainder of my days with you, or some such friends, to laugh at those who, thinking to leave the character of a great Man to futurity, will stick at nothing to make that character infamous. Pardon the freedom I have wrote this, and believe that I am, with the most perfect Esteem and Respect, My Lord, Your Lordship's most faithful & Obedient humble Servant, HEN. FANE. No. CCXII. |