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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B01492 Abbreviat of the depositions of the witnesses, adduced by the Earl of Lauderdale against the Earl of Aberdene. Scotland. Convention of Estates. 1684 (1684) Wing A70BA; ESTC R173257 18,118 20

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the Vote The Lords found the said Deposition was Probative upon that ground that he being an Officer of the Mint and Deponing upon a matter incumbent to his Office and Charge his Deposition did sufficiently prove against himself and consequently against the Earl of Lauderdale as being lyable for him and the rest insolid●m in the terms of a formal Interlocutor and doth not remember that that Point was tune Voted or not nor yet how the Votes ran but that it was carried by plurality of Votes And Depones that upon the Lord Aberdene's uttering the foresaids expressions my Lord Pitmedden said that he wished the King were sometimes present to hear them Adam Chrystie Depones that at the Advising of the Probation some of the Lords said that John Falconer Warden seemed to be Examined before the Commission as a Witness as appeared by the style of his Deposition bearing John Falconer of such an Age Depones And next albeit he were Examined as a Party some of the Lords said it was debateable how far it should operate against another albeit it were Probation against himself And after some Debate amongst the Lords the Earl of Aberdene seemed to be angry and displeased saying My Lords This is not my private concern but the King's Cause If you will for my part you may Assoilȝie the Earl of Lauderdale And afterward it was carried affirmative 5. Albeit by the Interlocutor the Lords found the Earl of Lauderdale only lyable for the rest of the Officers of the Mint in solidum quoad the Bulȝeon yet after the Interlocutors were drawn upon the Advising of the Probation the Earl of Aberdene caused apply the Interlocutors as to the Bulȝeon to the whole other Articles of the Libel found the Earl of Lauderdale and Lord Maitland lyable in solidum for the whole malversations of the rest of the Officers of the Mint The Duke of Queensberry in Answer to the 2d Interrogator Depones as to the Earl of Aberdene's urging that the Earl of Lauderdale and his Son might be found lyable for the rest of the Officers of the Mint The Deponent doth not remember the Argument he made use of to that purpose The Lord Reidfoord in Answer to the 2d Interrogator Depones that he thought my Lord Aberdene earnest to have every one of the Officers of the Mint found lyable in solidum Sir Alexander Gibson in Answer to the first Interrogator Depones That the time of the Advising the Earl of Aberdene was of the opinion and did urge that the Earl of Lauderdale should be found lyable in solidum for the other Officers of the Mint To the 4 5 6 and 7. special Interrogators Depones that after the Deponent had drawn the Interlocutor given upon Advising the Probation Sir Patrick Hume did draw another Draught of the Interlocutor in more ample terms and in special as to the several Officers of the Mint their respective malversations and therein the Interlocutor which was given upon debate as to the second Article anent the Bulȝeon finding the general Libel in solidum for the rest of the Officers of the Mint is applyed and repeated as to all the Articles of the Libel relating to the Mint Which Interlocutor Sir Patrick did shew to the Earl of Aberdene the Deponent being present And after the same was read the Deponent told he was not clear to Extract the Decreet in the terms of the Interlocutor unless the same were brought to the Lords and considered Whereupon the Earl of Aberdene ordained the Deponent to Transcribe that Interlocutor and to bring it in to be read before the Lords the next day which the Deponent did accordingly And the Interlocutor being read the Lords did acquiesce thereto and the Decreet was Extracted conform to the samen The King declared he would not have the Lord Maitland insisted against whereupon my Lord Maitland Compeared at the Bar and declared he could not Defend and discharged his Advocats to Defend and gave in a written Declaration and Submission to that purpose Yet notwithstanding he is made Compearing and no notice is taken of his Declaration and refusal to Defend but is Decerned in solidum My Lord Chancellor Perth in his Answer to the 6. Interrogator Depones That in the Council held at Windsor where were present beside the Counsellors of the Scots Nation Prince Rupert the Marquess of Hallifax the Duke of Ormond the Earl of Sunderland the now Lord Thesaurer of England c. The late King of ever blessed memory did declare that what-ever faults might be in the Family of Lauderdale or amongst the Officers of the Mint he thought my Lord Maitland was not chargeable with any of them The Earl of Belcarras in his Answer to the first Interrogator Depones That he was in a Scots Council at Windsor where the late King's Majesty after hearing the report of the Commission anent the Mint said That my Lord Maitland to whom his Majesty had spoken was but a young Man and had been much out of the Countrey and therefore thought he had little meddling in that Affair and his Majesty said he thought he should not be meddled with and that after some debate in the Council about that matter the Deponent thought it was his Majesties resolution that my Lord Maitland should not be meddled with in that Affair The Bishop of Edinburgh in Answer to the first Interrogator Depones that the late King's Majesty in a Scots Council held at Windsor Castle the 24. of August 1682. After hearing the report of the Commissioo anent the Mint read and considered and that some in that Council had moved that the Lord Maitland might be turned out of his Office of being General of the Mint al 's well as the other Officers His Majesty did say that my Lord Maitland could not be guilty of any malversations in his trust of the Mint since his Majesty knew that for the most part he was out of the Kingdom by his Majesties own allowance and that he was very young So if when at home any errors were committed by him they were to be imputed to his Father under whose conduct he was and therefore his Majesty declared he would not suffer my Lord Maitland to be meddled with or touched in that Process All which his Majesty spoke with a great deal of zeal and concern for the Lord Maitland's interest The Viscount of Tarbat in Answer to the 7. Interrogator Depones that in the Council at Windsor the Deponent heard the late King say he would not have the Lord Maitland pursued for the Mint or some words to that purpose But what the Deponent heard his Majesty say in private the Deponent conceives he is not bound to declare it The Lord Forret in Answer to the 6. Interrogator Depones that the Lord Maitland did appear before the Lords and declared in their presence that he would not Defend in the Mint-Process and discharged his Advocats to compear therein for him and gave
ABBREVIAT Of the Depositions of the Witnesses Adduced by the Earl of Lauderdale against the Earl of Aberdene 1. THE Earl of Aberdene when he was only President of the Session and neither Chancellor nor Officer of State procured and wrote for a Commission for the Tryal of the Mint The Viscount of Tarbat in Answer to the 2d Interrogator Depones That the Earl of Aberdene did write out of England to the Deponent to haste up a Commission for Tryal of the Mint and that accordingly the Deponent did send up a Draught of a Commission and thinks he has some Letters to that purpose but at present cannot find them out 2. When the Earl of Lauderdale was going to London and that the Earl had obtained his Majesties leave to that effect Yet the Earl of Aberdene was so earnest in the prosecution of the Commission of the Mint that he refused to let him go The Duke of Queensberry in Answer to the first Interrogator Depones he was present when the Earl of Lauderdale offered to take leave of the Earl of Aberdene but what past betwixt them he did not know only he minds that the Earl of Aberdene told him that he had refused to let him go up till the business of the Mint should be over and cannot be positive whether the Earl of Aberdene called a Council or a Quorum of the Commission of the Mint but one of them he believes was called and that a Clerk was sent to order his stay to attend the Commission of the Mint 3. That the Earl of Aberdene had a prospect and design the time of that Commission and before the raising of the Process for the benefite of the event thereof and that he dealt for the same The Viscount of Tarbat in Answer to the 5th Interrogator Depones That Aberdene did recommend to the Deponent when he was going to Court his Affairs in general and to speak to the King in his savours which the Deponent did but the Deponent had no Commission from Aberdene anent the Mint in special And Depones That the Deponent understanding that the Mony due upon the Mint was to be exacted he proposed the same to the King in savours of Aberdene albeit he had not any special Commission for it but what was the King's Majesties Answer the Deponent conceives he is not holden and is not free to condescend thereon To the 8th Interrogator he Answers That as to what past in privat betwixt the King's Majesty and the Deponent he refuses to answer but as to a Letter sent to or received from the Earl of Aberdene Depones That he did acquaint the Earl of Aberdene of the Deponent This was before the raising of the Mint-Process his proposing to the King that the Earl might have a Gift of what was due upon the Mint and that this was in the Harvest time 1682. And that Aberdene did write and return Thanks to the Deponent for making the proposal in his behalf which Letters the Deponent thinks he hath but cannot at present find them out The then Lord Chancellor in the midst of his Answer to the 4th Interrogator Depones That the first suspicion he had that the Earl of Aberdene had interest in that Affair as to his own particular was when the Vote was put concerning John Falconer the Warden his Deposition whether it did prove sufficiently or not and when that Vote was like to miscarry as to Aberdene's intention in it Aberdene said to the Lords that if this was the way they served the King they who were the King's Judges or to this purpose that he would be forced to let the King know of it To which the Lord Pitmedden Answered That he wished the King were amongst the Lords to Judge of their carriage that then the Deponent began to suspect that Aberdene had some particular interest in it not having observed formerly that the King's business made him so forward Collonel Grahame to the first and second Depones That the Earl of Aberdene then Chancellor and the Duke of Queensberrie Lord Thesaurer imployed the Deponent upon some publick Accompts and at the same time the Deponent was imployed by them to move the late King and King James then Duke some things relating to their present privat Affairs and particularly for a Gift in favours of the Earl of Aberdene of 1000 lib. Sterling a year or 20000 lib. Sterling This was during the dependance of the Process which was thought to be equivalent and before the Deponent went out of Scotland being about the end of February 1683. he went to my Lord Thesaurer's Lodging and had his allowance upon the matter as to the quantity after which the Deponent went to my Lord Aberdene and acquainted him with it and communed with him upon the different Fonds that it could be made out of and amongst others that of the Mint But whether or not Aberdene or the Deponent proposed it first the Deponent cannot be positive but remembers particularly that when the Deponent proposed that in case the Lands of Dudhope were taken from the Earl of Lauderdale the House Parks and Constabulary of Dundee should be given to the Deponent by the King that the Earl of Aberdene answered to this purpose that he should be very well content but that he heard it will be little useful to either of them because they were resolved to part with nothing however he allowed the Deponent to ask that Gift of the 20000 lib. Sterling as freely out of that Fond as out of any other and accordingly the Deponent when he came to New-mercat where the late King and King James were for the time he did represent to the King and then Duke the Services of the Earl of Aberdene and endeavoured to perswade his Royal Highness to gratifie him with some considerable Gift and particularly with 20000 lib. Sterling and told his Highness that several Fonds might be found for it such as the Fines and the Decreet of the Mint all which his Royal Highness heard and said he would speak to the King about it and al 's far as the Deponent can remember he said further when my Lord Middletoun came he would see something done and this the Deponent did signifie from New-mercat by a Letter to the Earl of Aberdene the 13th of March 1683 and Depones That when he spoke to the Earl of Midletoun to savour himself anent the House and Parks of Dudhope the Earl of Midletoun Answered that he could not do it without Aberdenes Consent and said something as if he had been someways engaged to him in it and so soon as the Decreet of the Mint came up the King having given Warrand of before a Letter was drawn by the Advice of the Earl of Midletoun and the Deponent who best knew the Lands and the nature of the Gift ordering the Earl of Lauderdale to dispone the saids Lands as is more fully exprest in the Letter for that effect direct to