Stair and his heirs male lawfully to be procreated of his body, which failing to Mr. William Dalrymple immediately younger brother to the said John Earl of Stair and to the second son procreated or to be procreated of the marriage betwixt the said William Dalrymple and Penelope Countess of Dumfries. John Earl of Stair died without issue male of his body, Mr William Dalrymple afterward designed Colonel William Dalrymple his immediat younger brother is in like manner dead whereby the title of Peerage now vests in the person of his second son procreated of the marriage betwixt him and Penelope Countess of Dumfries, for albeit by the foresaid Charter under the Great Seal there is a faculty granted to the said John Earl of Stair failing heirs male of his own body, To nominat and appoint by a writing under his hand at any time in his life, et etiam in articulo mortis, such person or persons as he should think proper descending of the then deceast James Viscount of Stair who should not only succeed to the lands specified and contained in the said Charter, but also to the Dignity and Peerage of Stair, and tho' it may be also true that in pursuance of the aforesaid faculty the said John Earl of Stair by certain deeds or writings by him executed may have nominated and appointed the said Captain John Dalrymple failing heirs male of his own body to succeed to the aforesaid title and dignity of Peerage, There is just cause to think that such faculty and power would neither be granted by the Crown nor exercised by any subject. That it is a part of the Prerogative Royal to confer titles of Peerage which the Crown cannot be divested of or transfer to any subject and that tho' the exercise of this faculty was limited and confined to the descendants of the body of James Viscount of Stair it was still giving a power to create a person to be a Peer who could not have succeeded to that Peerage either by tenor of the original patent or by the natural course of succession. This power or faculty which therefore must appear to have been obtained from the Crown by obreption being held pro not adjecto limited and devised in the event which now exists to the second son procreated of the marriage betwixt Colonel William Dalrymple and Penelope of Dumfries. James Dalrymple now Earl of Stair is the second son of that marriage and as such intitled to this right and title of Peerage. Wherefore, I the said William Earl of Dumfries Do protest in manner and to the effect above mentioned, whereupon I take Instruments in the hands of you. MMM The Clerk to this meeting of Election and to require that my protest with the commission and letters above mentioned may be fairly entered in the minuits of this Election. These things I do place and date foresaid. (Signed) Endorsed :-In the Ld Justice Clerk's Letter DUMFRIES. of Aug. 29, 1747. (Enclosure III.) Schedule of THE PROTEST OF JOHN EARL OF STAIR. By Charter and Patent under the Great Seal bearing date the 27th of February 1707 proceeding upon the Resignation of John late Earl of Stair in the hands of Queen Anne authorized by Her Royal Sign Manuel Her Majesty Gave and granted the Titles and dignity of Earl of Stair, Viscount of Dalrymple and Lord of Newliston, Glenline and Stranraer in favour of the said John Earl of Stair and the heirs male to be procreat of his body, whom failing to such person or persons being descended of the body of the deceast James Viscount of Stair as the said John Earl of Stair should nominate and appoint by a writ under his hand at any time in his life et etiam si in Articulo Mortis, which Charter was Ratified by an Act of Parliament of Scotland Anno 1707. By two Deeds executed by the said John Earl of Stair, the one bearing date 21st May 1739 and the other the 31st March 1747, His Lordship appointed me John, now Earl of Stair (therein designed Captain John Dalrymple Eldest son of the deceast George Dalrymple Esquire one of the Barons of the Court of Exchequer in Scotland, Brother german to the said now deceast John Earl of Stair) to succeed to him in the foresaid titles and dignity of Earl of Stair &c. In virtue of the above titles I have the sole right to the titles and dignity of Earl of Stair &c. and as such claim my vote at this Election and protest that the Vote of no other person pretending to be Earl of Stair be received. Endorsed :-In Ld Justice Clerk's Letter of Augt 29, 1747. (Signed) STAIR. (Enclosure IV.) LORD MINTO TO THE LORD JUSTICE-CLERK. My Lord, I have just learned that Mr Rutherfoord who was Commissary of Peebles died last night. His post I believe was worth about £40 p. ann. I beg leave to recommend to your Lordship a near kinsman of mine, William Waugh, Sheriff and Town Clerk of Selkirk. He has been very active in Mr Carmichael's interest and must have carried that Town for him if it had not been for such arguments as you know people of that sort seldom are able to resist. He has made such discoveries since the Election as will be of the highest consequence to Mr Carmichael, and Mr Alston the writer can inform your Lordship what they are. Mr Waugh's Education makes him very fit for that office and I can take it upon me to answer for his gratitude on all occasions if your Lordship will be so good as to recommend him on this occasion. I hope you'l excuse this freedom and believe me to be My Dr Lord Your most obedient & most humble Servant, (Signed) GILB. ELLIOT. This I write in haste for fear of accidents. Minto August 25, 1747. of Aug. 29, 1747. (Enclosure V.) JAMES CARMICHAEL TO THE LORD JUSTICE-CLERK. My Lord, Edinburgh, June 19, 1747. I beg leave to inform your Lordship that I am this moment arrived here from London, and as I was not so lucky as to find you in Town I am obliged to trouble you with this in order to have your Lordship's directions in what method I am to proceed, as I don't care to take any steps in relation to the Election without your advice. The day before I left London, which was last Saturday, I saw both the Duke of Argyle and Mr Pelham, who ordered me to set out directly for Scotland. Mr Pelham bid me go directly to Lord Hopetoun and tell him that he had wrote to him and would soon write again in my behalf for his interest in Linlithgow and desired Lord Findlater that morning to do the same. I shall go to my Lord as soon as this Express returns if your Lordship approves of it. The Duke and Mr Pelham assured me that I should be thoroughly supported by their interest. I shall be greatly obliged to your Lordship if you will let me know who I am to advise with here in your absence, as I know none that I can confide in except my cousin Mr Carmichael. I have all the reason in the world to expect Lord March's interest by what I have learned from Mr Crawfurd, if it is agreeable to the Duke of Argyle. I beg an immediat Answer to this and am My Lord Your Lordship's most obedient and most humble Servant (Signed) JA. CARMICHAEL. Endorsed :-In the Ld Justice Clerk's Letter of Augt 29, 1747. XXXIII. THE LORD JUSTICE-CLERK TO THE DUKE OF NEWCASTLE,1 My Lord Duke, Edinbr 4 Oct 1747. Upon the Pretender's son's makeing his escape from the North of Scotland hee promised his abettors to return soon to them with a Considerable Force, and left money to be distributed among them for their support in the meantime. The Agents of that wicked and desperate Gang have from time to time endeavoured thereby to keep up a Spirite in their party, which gradually decayed, till of late, and particularly since Bergenopzooms falling into the Hands of our Enemies. in the shamefull manner it did. The agents of that Diabolickal party 'S. P. Scotland, Geo. II. Bundle 38. No. 2. 2 Various accounts of the fall of Bergen-op-Zoom are printed in Scots Magazine, vol. ix., PP. 442 et seq. |