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
the Lord High Thesaurer But withal the Deponent declares al 's far as he remembers he had no advice from the Earl of Aberdene thereanent but after he gave him an accompt what was done he had his approbation The Deposition bears That Aberdene had written to the Deponent several Letters wherein were publick concerns which he produced but only read these parts thereof that concerns this Affair The first Letter is without a date and bears these words I hope you do not think I am less sensible of your kindness that I doubt of the effects of the Mint affair since both the Earl of Middletoun and your self are of a _____ mind and say only this That I could not do half so much for my self were I present This Letter makes mention that Aberdene had received one from the Deponent of the last of March. The second Letter is dated the 14th of April thus The Duke has asked no opinion of me but what he should do in the Affair of the Mint and al 's hard to give you advice at this distance anent it not knowing what may be his Majesties or the Dukes purpose therein further than that you should chearfully comply with what you see is their inclination The 3d. Letter is dated the 24 of March which being torn there could be no more read of it than follows I could not but let you know that I would be very well satisfied in what you do for your self anent 1. _____ and Jurisdiction ye wrote of and do thank you for your care in my Concerns 2. _____ think that project will be little useful 3. _____ you or me for they are resolved 4. _____ nothing on that accompt and the Deponent thinks so far as he remembers that the words that are wanting and torn of the Letter has been these First anent the House The 2d is I The third useful for And the 4th to part with nothing or do nothing on that account And upon the other side of the same Piece of the Torn Letter swa far as the Deponent can make sense thereof it 's to this purpose I shall Answer your Letter more Particularly by the next The Lands about Dundee and the rest are not of that valued Rent you write and Tweedale Leads the Teinds of Innerkeithing nor would I have so much stress laid upon that Project if his Majesty should please to make effectual for me that which you name in any way he seems fit which the Deponent thinks he meant to be the 20000 lib. I shall think my self very much obliged to my Lord Middletoun and your self and am very well satisfied with your own success that way To the 7th Depones he never heard his present Majesty tell his own Thoughts concerning my Lord Aberdene his being both Judge and Party and what has past besides in Discourse betwixt the present King's Majesty and the Deponent the Deponent conceives he is not holden to give an accompt thereof 4. That the Earl of Aberdene took unwarrantable Courses in the Tryal and Process of the Mint which is evinced in these following particulars 1. The Earl of Aberdene gave spes veniae to Sir John Falconer to Depone against the Earl of Landerdale and assurance of keeping of his place My Lord Chancellor Depones in Answer to the first Interrogator That he has very often heard my Lord Aberdene say in general That any Officer of the Mint who would make Discoveries of my Lord Lauderdale's Malversation would do the King good and acceptable Service and that Aberdene often has said to the Deponent that if he would speak to Sir John Falconer to make such discoveries Sir John might expect great favour in his own particular In Answer to the 3d. Interrogator Depones That the Marquess of Montross has often told the Deponent that he had a Warrand from my Lord Aberdene to give assurance of Indemnity to Sir John Falconer if he would inform against the Earl of Lauderdale and that the Deponent has just ground to believe that the Marquess of Montross gave a very fuil assurance of Indemnity in the Earl of Aberdene's name The Viscount of Tarbat in Answer to the 3d Interrogator Depones That he heard the Marquess of Montross and the Earl of Perth several times say that they were warranted to give assurance to Sir John Falconer if he would confess all that he knew concerning the Mint and that it should not prejudge himself My Lord Reidfoord in Answer to the first Interrogator Depones That Sir John Falconer having compeared at the Bar and offered to speak in that affair to the best of the Deponents memory my Lord Aberdene told him from the Bench that if he took that course he behoved to take his hazard of the issue or something to that purpose but does not remember if Sir John Falconer did appear thereafter My Lord Collingtoun in Answer to the first Interrogator Depones That Sir John Falconer did offer to speak for himself and did speak but if he was interrupted the Deponent remembers not Sir John Falconer Depones most fully in this particular That he was several times dealt with by the Earl of Aberdene himself and by the Marquess of Montross at Aberdene's desire to Depone against the Earl of Lauderdale 2. The Earl of Aberdene behaved himself with great concern in the Process My Lord Chancellor's Deposition to the 4th Interrogator which is insert in the Probation of the 2d Article is repeated likewise in this place The Duke of Queensberrie in Answer to the 2d Interrogator Depones That he observed the Earl of Aberdene's zeal in that and several other matters before the Session as to the prompting of Advocats but the Deponent minds not the particulars My Lord collingtoun in Answer to the 2d Interrogator Depones That the Earl of Aberdene then Chancellor was very intent and forward in the business of the Mint but what privat interest he had therein or if he had any the Deponent knows not The Lord Reidfoord in Answer to the 2d Interrogator Depones That my Lord Aberdene did preside as one that was serious in the Affair and the Deponent looked upon him as earnest to bring the Process to a close The Lord Forret in Answer to the 2d Interrogator Depones That the Earl of Aberdene then Chancellor appeared to be more concerned than usually he did in ordinary Processes And in Answer to the 7th Interrogator Depones That the then Chancellor his carriage to the Lords and the words he then spoke to them were unusual but cannot condescend upon the words The Lord Salin to the 2d Interrogator Depones That he heard the Earl of Aberdene then Chancellor resume the Debates and very fervently urge these grounds which did agree most to his own opinion My Lord Pitmedden in Answer to the 2d Interrogator Depones That in the time that he was present at the Debates in the Inner-House he heard the Earl of Aderdene then Chancellor desire
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 insolidâ—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 AssoilÈie 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 BulÈeon yet after the Interlocutors were drawn upon the Advising of the Probation the Earl of Aberdene caused apply the Interlocutors as to the BulÈeon 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 BulÈeon 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
in a Declaration to that purpose in Writ The Lord Collingtoun in Answer to the 6 Interrogator Depones that the Lord Maitland did compear before the Lords and declared that he would not Defend in that Process of the Mint nor allow Advocats to defend for him but referred himself to the King The Lord Reidfoord in Answer to the 6. Interrogator Depones that the Lord Maitland did appear and declare that he would not defend in the Mint-Process nor allow appearance for him against his Majesty and believes he did offer a Declaration or Submission or some Writ to that purpose but it was refused at that time But doth not remember whether the Lords opinion was asked or not The Lord Salin to the 6. Depones that the Lord Maitland did compear at the Bar and did insinuat by discourse to the Lords his own innocency and little accession to the mismanagment of the Mint and that his late Majesty did very well understand it and declared he would not defend in that Process but be silent and absent Sir Alexander Gibson to the 2. Interrogator Depones that when the day of my Lord Maitlands compearance was come he being out of the Countrey the time of the Citation of the rest of the Defenders and he being called he did declare in presence of the Lords that he would not defend in that Process nor allow Advocats to appear or defend for him but submitted himself to the King's Majesty and gave in a Declaration Subscribed by him to that purpose which is in the Deponents hands But it was found by Interlocutor that the Lords could not receive this Submission from the Lord Maitland and that he being conjoyned with his Father in the Commission the Process behoved also to go on against him and remembers not whether this Interlocutor was pronounced before the Parties and Advocats were removed or after And in respect of that Interlocutor the Deponent conceived he could not insert the Lord Maitland his Subscribed Declaration in the Decreet To the additional Interrogator Depones that he had no express warrand from the Earl of Aberdene to mark my Lord Maitland compearing nor give out he Decreet against him as compearing but Depones that he having Written the Interlocutor as to the Lord Maitland according as it was pronounced viz. That the Lords could not receive a Submission from the Lord Maitland but being conjoyned with his Father in the Commission the Process must also go on against him And in regard he declined to propone any defences in the Cause the Lords admitted the Libel to Probation against him And the Act being Scrolled accordingly Sir Patrick Home who had the managing of the Process did score out these words In regard he declines to propone any Defences in the Cause and caused Extract the Act against my Lord Maitland compearing as will appear by the Interlocutor and Scroll of the Act which are lying in Process whereunto the Deponent gave way considering the trust that Sir Patrick Home had in that Process Mr. James Dalrymple in Answer to the 6. Interrogator Depones my Lord Maitland did compear and made a gentile and discreet Discourse in the terms of the Interrogator remembers not if he gave it in in Writ or not but remembers he said he would make no Defence nor would allow Advocats to compear for him 7. The Probation was not Voted severally in relation to every Article but joyntly whether the Articles were proven or not Sir Alexander Gibson in Answer to the 7. Interrogator Depones that at the Advising of the Cause the Probation was pointed and read as to every Article severally but to the best of the Deponents memory there were only two Votes one anent the Probation of the quantity of the Copper Coyned in the first Journey and the other after the reading of all the Probation as to the rest of the Articles Adam Chrystie before the end of his Deposition Depones that after the Voting of John Falconer the Wardens Deposition the remanent Articles of the Libel severally one by one and the Probation relative to every one of them was read in Praesentia and in the close they were all Voted together as the Interlocutor was Written thereupon So that to the Deponents best memory there was only two distinct Votes in Advising all the Probation 8. After the Session was up the Earl of Aberdene would have an Interlocutor added to the Decreet which was not at all moved to the Lords viz. That the Officers of the Mint should be remitted by his Majesty to the Lords of the Privy Council or Justiciary to be punished Sir Alexander Gibson to the 1st and 2d of the 7. particular Interrogators Depones that after the Decreet was extended and ready to be Subscribed Sir Patrick Home told the Deponent that there was a Conclusion in the Libel whereupon no Interlocutor was given viz. That the Officers of the Mint be remitted to the Lords of Privy Council or Justitiary to be punished according to Law for their malversing and did desire the Deponent to insert this following Clause in the Decreet viz. As to that Conclusion of the Libel whereby his Majesties Advocat craves that the late Officers of the Mint having committed such manifest and gross Acts of malversation in relation to the Mint and their respective Offices they ought to be remitted to the Lords of Privy Council or Lords of Justiciary to be otherways punished according to Law The Lords superceded to give Answer thereto but remits the same to the King that his Majesty may do therein and give further order thereanent as he in his Royal Wisdom shall think fit and expedient And the Deponent having refused to insert that Clause in regard he had no warrand for it Sir Patrick told him that the Lord Chancellor expected it should be done and desired the Deponent to speak to him thereanent And the Deponent having gone accordingly to the Earl of Aberdene told him that Sir Patrick had desired him to insert the foresaid Clause in the Decreet which he conceived he could not warrantably do seing there was no Interlocutor for it And the Earl said to the Deponent that there being such a Concluson in the Summons it was necessary there should be an Answer given thereto and said there was no hazard for the Deponent to insert the said Clause there being nothing concluded thereby against the Defenders And the Deponent Answered he was not clear to do the same and the Deponent thinking it would not have been further prest and having some business in the Country went out of Town resolving to return at night But about 3 or 4 hours thereafter in the same day being a Saturday he received a Letter from a Servant in the Deponents Chamber who wrote the Decreet shewing him that it was still insisted in that the said Clause might be insert in the Decreet and that there was to be a meeting of the Lords of Session to that effect