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B05752 To his highness Protector of the Common-wealth of England, Scotland, and Ireland, and the dominions thereunto belonging. The humble address of Sir John Scot, of Scottistarvet. Scott, John, Sir, 1585-1670. 1650 (1650) Wing S2076A; ESTC R183622 4,817 10

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To His Highness PROTECTOR OF THE COMMON-WEALTH of England Scotland and Ireland and the Dominions thereunto belonging The humble Address of Sir JOHN SCOT of Scottistarvet May it please your Highness THe free access which you are pleased to give to all strangers and the speedy satisfaction that you afford their grievances emboldens me to present these papers to your Highness My Lord I had the possession of an Office in Edenborough called the Directorie of the Chancery granted to my Ancestors and after them to me and my Son for our lives under the great Seal of Scotland The grounds and reasons of my being put out I do here humbly submit to your Highnesse which I have the rather done partly that I might conceal no occasion for your Highness to shew your justice in deciding the cause of the innocent partly out of an ambition to be employ'd among the rest of my Countrymen in your Highness service counting it the chiefest happiness of me and my family that I have some title and claim to so great an honour In the fourth clause of the Declaration of the Parliament of the Common-wealth of England concerning the settlement of Scotland are contained these words Fourthly the Parliament do declare that all such persons of the Scottish Nation as are not comprehended in the former qualifications but have kept themselves free from the guilt of those things which have compelled this warre and shall now upon the discovery of their own true interest be disposed to concur with and promote the ends formerly and now declared by the Parliament shall be taken into the protection of the Parliament and shall enjoy their liberties and estates as other the freeborn people of the Commonwealth of England After this came down certain Commissioners who continued at Dalkeith and publisht a Proclamation the last day of January 1651. wherein they did declare their power and intention given them in these words We shall by vertue of the power given unto us by the Parliament of the Commonwealth of England forthwith appoint and authorize persons for administration of justice unto the people of Scotland who are to be continued for some short time untill the Judicatories and Courts of Justice may be in a more lasting and solemn way established Upon this act the Judges of the Session appointed Alexander Jeffray to be in the place of Director for the Chancery and because they knew him to be ignorant in the managing the affairs of that Office they put under him two of the Directors servants giving them a sallary of fifty pounds per Annum Your Highness petitioner then finding that he had got wrong not so much from the large extent of the sence of the said Proclamation as from a mis-interpretation of the words and the since appeased severity of those times made an address to your Highness in this following petition To his Highnes c. The humble Petition c. Sheweth THat whereas it pleased your Highnesse on the 24. of April 1655. to refer my Petition craving to be restored to his Office of Directour of Chancery in which he was established by a gift under the great Seal for his life time and from whence he was displaced without any cause to the determination of six of your Highness Council or any three of them yet they never took tryal thereof in respect of other great affairs which hindred them from hearing the same May it therefore please your Highnesse to remit the tryal thereof either to your Council in Scotland or to the Judges of the Sessions to whom it doth properly appertain to judge in such affairs to the end that upon their report to your Highness You may declare your farther pleasure as to the re-establishing your Petitioner in his just employment wherein he hopes to do your Highnesse and the Commonwealth acceptable service Upon which your Highness referred the matter to the Judges of the Sessions that they upon hearing thereof might certifie the particulars to your Highness with their opinion concerning the same if they thought fitting This being sent home to Scotland and delivered by him to the Judges together with his reasons for his restauration they refused to give him any answer thereunto but told him that they would write an answer to his Highness themselves which they forbad their Clerks to shew me So that your petitioner was forced to make a journey to London where he found it in the Master of the Request 's hands to this effect That they did humbly Certifie to your Highness that upon the Declaration of the Commissioners of the Parliament of the Commonwealth of England for ordering and managing afiairs in Scotland declaring all power jurisdiction and authority in Scotland not derived from the Parliament of the Commonwealth of England void according to the power committed to them and the trust reposed in them for filling all places of trust with fit and qualififi'd persons they did by their Order the 16 of May 164● nominate and authorise Alexander Jeffray a person of known integrity to be Directour of the Chancery c. Their Order was to this effect The Commissioners for Administration of justice to the people of Scotland being carefull according to the power committed to them and the trust reposed in them that all places of Trust subservient to the Court of Justice be filled with fit and qualified persons so as justice may be done with most ease and speed have nominated and authorized Richard Ward Clerk of the Bills Alexander Jeffray Director of the Chancery c. Now may it please your Highness I should have sate down contented had their power extended to require my obedience But my Lord my employment not being within the verge of their jurisdiction I implore leave from your Highness to complain if I am wronged by those who never had any power granted them to doe it Which I am the more bold to doe upon the score of these Reasons which I here submit to your Highness perusall wherein I shall prove that the Office of Chancery is no waies subservient to the Court of Justice as the Judges are pleased to alledge Reasons why the place of Chancery is no ways subservient to the Court of Justice as is alledged by the Judges in the Report to his Highnesse 1. NO Officer of estate who had any Vote in Parliament can be thought subservient to the Court of Session seeing the Judges themselves were ever hitherto silenced from Voting therein But so it is that the Directors divers ages had voice in Parliament as namely Robert Colvill of Hilton in K. Ja. 3. time sate in the Parliament holden Decemb. 2. 1482. and in the Parliament holden June 29. 1487. Ergo it cannot be subservient to the Colledge of Justice which endured till the time that the Directors became Lords or Clerks of the Session at which time they were esteemed Members as being Judges or Clerks but not as Directors of the Chancery 2. The Court of Justice