the criminals, as having been in pursuit of the King's troops, which involves them in the guilt of high treason, their Excys have thought fit, that, notwithstanding their former directions, if yo' Lop find it proper to prosecute any of them for that crime, you should do it and a particular commission of oyer and terminer being necessary in that case, their Excys would have you send them the names of such persons as you shall judge proper to be put into such commission. I cannot conclude, without mentioning, that nothing could be more clear & satisfactory than the method in which your narrative is drawn, and supported by the several papers to which it referrs. And indeed the abilitys you have shown, in all your pro-. ceedings in this affair, & your manner of writing upon it, give all possible reason to expect that, thro' your care and good management, the success of it will be such, as must redound to your own honour, and to the ease and security of His Majty's Government, and the preservation of the peace and good order in your parts; in which I heartily wish you success, and am, with great truth and respect, My Lord, Yo' Lop's most obedient humble Servant No. CCCLXXVII. Sir, The Lord Advocate to M' Delafaye. Edinburgh, 3a August 1725. I HAVE received your's of the 29th ultimo, signifying the Lord's Justices command to prosecute with vigour, not only the persons concerned in the late tumults. at Glasgow, but also the Magistrates of that town; with this further direction, that such persons as can be proved to have been in arms in pursuit of the King's forces. should be prosecuted for high treason, if I should think it proper to prosecute any of them for that crime; and that the names of fit persons be transmitted to their Excellencies, towards making out a commission of oyer and terminer. As to this last matter, tho" the crime of the offenders may in a very proper construction amount to high treason, and tho' the present conjuncture undoubtedly demands the most exemplary punishment; yet there are so many difficulties that lye in the way of making that punishment effectual, that I must humbly submitt it to their Excellencies, whether it is not more expedient to carry on a prosecution which will be attended with abundance of terrour, and probably may end in a severe punishment, than to attempt a tryall which, as matters presently stand, would certainly be fruitless. In the disposition in which the country now is, it would be utterly impossible to pick up a grand jury, for example, that would find bills against these rioters, or that could be convinced that their offence is within the construction of law high treason; and this the Lords Justices may thorowly be convinced of, when they reflect upon the success of commissioners of oyer and terminer sent into this Country five or six years ago. Another difficulty is, that supposing bills were found, yet the liberty of peremptory challenges is such, that we could not possibly promise, out of the county where Glasgow lyes, to find a jury that would bring the offenders in guilty. Whereas a prosecution for felony, or any lesser crime, is not by the law of Scotland liable to either of these inconveniencies. For, 1st there is no occasion for finding of bills or presentments; His Majesties Advocat, by his single act, Virtute Officii, gives the indictment} 7 indictment; and in the next place, by the law of Scotland no such thing is known as a peremptor challenge; so that if we can find 15 honest men for the jury, which is the number of jurors in criminal tryalls in Scotland, we may have just hopes of success. Besides that in tryalls for felony, &c. when the prosecution is carryed on before the Court of Justiciary at Edinburgh, we are not confined to a jury of the county where the offence was committed. These are the considerations that determine me to think, that it is more expedient to carry on these prosecutions according to the first directions which I had the honour to receive, than to attempt a tryall for high treason, which undoubtedly must prove successless; and therefore if it should prove agreeable to the Lords Justices, I purpose, without loss of time, to proceed against the rioters as guilty of felony, by the act of the first of the King against riots; and as guilty of taking up arms, and invading in a hostile manner His Majesty's forces, that were posted in the town for the preservation of the publick peace, and for assisting the civill Magistrate in the execution of the laws, and in levying the duties granted to his Majestie by act of Parliament; founding on certain Scotch acts of Parliament, and particullarly on the act 83" Parliament 9th of Queen Mary, which makes convocations of men in arms within burghs, without licence of the Sovereign or the Magistrates, capitall. At the same time that this prosecution is going forward, I should incline to have the tryall of the Magistrates carryed on, whose guilt I conceive to be by much the greatest, tho' they have used art successfully to hide it; and whose punishment will be of greater consequence to the public peace than that of the more obscure offenders. The tryall, indeed, of the rioters ought I think to precede that of the Magistrates two or three days; because in it the extravagance of the Mob's proceedings, and of the outrages by them committed, will be explained to the people; so that in the tryall of the Magistrates nothing will remain, but to shew, by their criminall inaction and neglect of duty, their accession to the guilt. I am very sensible the evidence I am at present possessed of against the Magis trates will amount to no more than a proof of malversation in office; the consequence whereof may be deprivation & incapacity; but even that punishment, I am confident, will by its example do a great deall of service to the publick, in convincing Magistrates every where that it is not safe for them to be passive. If this course of proceeding shall be agreeable to the Lords Justices, I shall take care to have matters so prepared, that, upon the very first notice from their Excellencies, the prosecutions shall without loss of time be commenced. I have nothing to add to my last, concerning the state of the Maltsters in this town, who continue in the same obstinacy as formerly, but that endeavours are used to convince them, if possible; and that a very strict eye is keept over them, to prevent all disorders, untill I shall have received the Lords Justices commands concerning them. I am, Sir, with great respect, Your most humble & most obedient Serv1. My Lord, No. CCCLXXVIII. M' Delafaye to the Lord Advocate. Whitehall, 5th August 1725. UPON my laying before the Lords Justices the letters I had the honour to receive from you of the 27th and 29th of the last month, the last of which relates to the confederacy confederacy among the brewers at Edinburgh, and the proceedings of the Lords of Session thereupon; their Exc" commanded me to signify their approbation & thanks to their Lordships, which I have accordingly done in a letter to my Lord President. .cys I am also commanded to acquaint your Lordship with their Ex intire approbation of your conduct upon this occasion; of whose vigilance, care, and wisdom, they have such signal proofs, that their Ex judged the best direction they could give for your further proceedings in this matter was, to leave them entirely to your own discretion; who from its circumstances, which as you observe are subject to much variation, are best able to judge what is most fit to be done. Their Exy have, therefore, thought it most proper that, according to what I have formerly signify'd to you by their order, you should continue to act in these affairs according to your own judgement, on which they have a very well grounded relyance; and will not enter into particulars, but approve of all your sentiments; in which you will continue, or not, as the state of affairs for the time being shall suggest to you to be most adviseable. The Lords Justices greatly commended your care and diligence in the affair of the imprisonment of the soldiers at Elgin; and were extremely well pleased with the Magistrates' ready compliance with what you recommended to them; and as their Ex" intention in that respect is answered, you will please to return me the letter I had been ordered to write to those Magistrates, in the stopping of which you acted with your usual prudence. I heartily wish you success, and am, with great truth and esteem, My Lord, Your Lord" most obedient humble Servant, No. CCCLXXIX. CH. DELAFAYE. Mr Delafaye to the Lord Advocate. My Lord, Whitehall, 10th August 1725. I RECEIVED yesterday the honour of your Lordship's letter of the 3d instant, which I shall lay before the Lords Justices at their meeting next Thursday; in the mean time you will give me leave to acquaint you, that their Ex meaning, in what I wrote to your Lord' by their command on the 29th of the last month, was by no means to put you under any restraint; but, on the contrary, to leave you at liberty to prosecute any of the rioters at Glasgow for high treason if your Lord should think it proper; by taking off the restriction they had before laid you under in that respect, for those very reasons which your Lord' mentions in your letter. These matters, my Lord, must, as I have already mentioned in my former letters, be left entirely to your discretion; and you have shown so right a judgment in every step you have taken, that I am sure you need be under no manner of apprehension, but all you do will be approved by their Exy; as what you have already done, so far as is come to the King's knowledge, has already received his Majesty's entire approbation; the King's pleasure being signified to my Lord Duke of Newcastle, who is at present out of town, by a letter from my Lord Townshend of the 3d 14th instant, received yesterday, that his Grace should acquaint you therewith in his Maj's name, and assure you that the King was perfectly well satisfied with your conduct, and desired you would continue the same diligence and care in the affairs you are entrusted with. This you will have under his Grace's own hand; but as the letter came to me in his absence, I could not forbear taking the first opportunity of acquainting you with it; as what, I doubt not, will give you very great satisfaction, and contribute very much to support you, under the labour and trouble, which the present unhappy conjuncture has brought upon you. What your Lordship proposes in relation to the prosecutions to be carried on, both of the Rioters and Magistrates of Glasgow, is so agreable to the directions already sent you, and to what I apprehend to be the intention of the Lords Justices, and is so well concerted in every respect, that I am perswaded you need make no manner of difficulty of going on, in that method, even before you receive their Ex particular orders for it; which I doubt not but I shall be commanded to send you next Thursday; services. of this nature being sometimes hurt by delays. But of this your Lordship is the best judge; and therefore I hope you will forgive my freedom, in troubling you with my own poor thoughts, which I beg you will believe is entirely owing to the zeal and respect with which I have the honour to be, My Lord, My Lord, Your Lord's most obedient humble servant, No. CCCLXXX. Mr. Delafaye to the Lord Advocate. CH. DELAFAYE. Whitehall, June 30th, 1726. I RECEIVED the honour of your Lop's letter of the 21" ins' and gave it to my Lord Duke of Newcastle, who laid it before the King, & has ordered me to acquaint you that his Ma" was extreemly pleased with the accounts you give of the state of affairs in Scotland; the quiet and peaceable situation of which is in very great measure imputed to your care and pains to bring people into a reasonable way of thinking. We have no domestick news; matters abroad have a very fair prospect; the chicanes in Holland are over, and we shall now very soon have their accession in y manner we desired, and that of Sweden. I send Mr. Campbell, by this post, the instrument for Baron Lant to be Chief Baron. I shall not fail, in a post or two, to send you the commission for a clerk of the peace; it has been prepared long since; but my masters can hardly be got to do what they think will wayt. Indeed, I must do them justice, this has been a time of hurry; I myself went to bed this morning by broad daylight at ho. past 3. I am, with y most sincere & hearty respect, My Lord, Your Lop's most obedient & most humble servant, I have a thousand compliments to you from my Lord Duke. CH. DELAFAYE My dear General, No. CCCLXXXI. Lord Lovat to the Lord Advocate. London, ye 7th of July 1726. I DO not often trouble you w' my letters; but I canot forbear soliciting of you, in favours of my near relation Ranald Mc Donald of Binbekula, now the true & righteous righteous heir of Clanrandalt. I spoke to the Duke of Argyle several tymes of him; & his Grace promised to do any reasonable favour & fredship y' y Lady Clanrandalt would ask of him, in favours of the heir male and head of the family; so I am convinc'd yt y maner of doing y1 affair essentially right for Clanrandalt depends very much on you; I knowe you are naturally inclin'd to do good, & you never could resist y° solicitations of such a fine woman as y Lady Clanrandalt; nor do I think y' you you will be y' slower in doing this gentilman service, y' he is my near relation, & that I recommend his affair to you as my own; since you know y' no man is more zealously & affectionatly your most faithfull slave than My Lord, No. CCCLXXXII. M' Scrope to the Lord Advocate. LOVATT. I HAVE y honour of yours of y 15th; &, whatever I think of other psons & things, nothing relating to you will ever be looked upon by me wth indifference. Y hints in your letter were so very material at this time, yt I thought I should be wanting in my duty to my master, & in my friendship to you, if I did not shew it to him; & therefore I ventured to do it, notwithstanding y caution you gave me. He read your letter wth great attention; said ye kindest things possible of you; & concluded, y nobody could hurt you wth him. He was uneasy about the old gentleman's affaire, & said he knew not your concern for him till it was too late. Y pticulars of y' managm I cannot communicate to you by letter; but do assure you I was not privy to it, nor knew any thing of it till ye blow was struck. He desired you to be in town by y middle of January at farthest. I have not yet seen the Earle of Ilay, but am told y new commission of excise does not please him. I am at present prety much hurryed; but if thing comes to my knowledge necessary to be communicated to you, you shall be sure to hear from me; in ye mean time, let me beg you not to give yourself a moment's thought about what we are doing; for I can assure you, if our friends cared as little for money as we do, there would be an end of ye moonshine we have been amused wth. This hint, I guess, will be soon explained. I am, wth great Yo' Lordship's most faithfull & most obedient humble serv', any Nov. 24th 1726. No. CCCLXXXIII. The Lord Advocate to the Duke of Newcastle. J. SCROPE. My Lord, THIS country continues in the same temper and tranquility as when I had the honour to write last to your Grace. st Mr Gordon, of Achintoull, who has a small estate in the county of Banff, who was a Major General in the Muscovite service till the year 1711, and in the late rebellion was employed by the Pretender, is lately come to Scotland. It was, I believe, intended to attaint him; but in the act of parliament, the 1" of the late King, he happens to be described by a false Christian name; and the misnomer is so considerable, that in a contest between him and the late commissioners of forfeitures, who seized the estate as forfeited, it was, after taking the opinion of all the Judges of England, adjudged in the |