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           1700
        
      
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             Information for Lord Basil Hamilton concerning the election of a commissioner for the barons of the shire of Wigton.
             Hamilton, Basil, Lord.
          
           4 p.
           
             s.n.,
             [Edinburgh :
             1700]
          
           
             Caption title.
             Imprint suggested by Wing.
             Imperfect: stained with some loss of text.
             Reproduction of the original in the National Library of Scotland.
          
        
      
    
     
       
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         eng
      
       
         
           Hamilton, Basil, -- Lord -- Trials, litigation, etc.
           Elections -- Corrupt practices -- Scotland -- Wigtown -- Early works to 1800.
           Local elections -- Scotland -- Wigtown -- Early works to 1800.
           Contested elections -- Scotland -- Wigtown -- Early works to 1800.
        
      
    
     
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           INFORMATION
           FOR
           Lord
           Basil
           Hamilton
           Concerning
           the
           Election
           of
           a
           Commissioner
           for
           the
           Barons
           of
           the
           Shire
           of
           Wigton
           .
        
         
           LOrd
           
             Basil
             Hamilton
          
           and
           Castle-Stewart
           producing
           two
           several
           Commissions
           ,
           and
           both
           pretending
           to
           be
           Elected
           in
           the
           place
           of
           late
           Garthland
           .
           Lord
           
             Basil
             Hamilton
          
           most
           justly
           contends
           ,
           That
           no
           regard
           should
           be
           had
           to
           
           Castle-Stewart's
           pretended
           Election
           ,
           the
           same
           having
           been
           most
           illegal
           ,
           Because
           .
           1
           mo
           .
           The
           Earl
           of
           Galloway
           ,
           Viscount
           of
           Stairs
           and
           the
           Master
           his
           Son
           ,
           unaccountably
           and
           illegally
           interrupted
           the
           Barons
           while
           they
           were
           making
           up
           the
           Rolls
           in
           order
           to
           the
           Election
           ,
           by
           coming
           in
           upon
           them
           ,
           contrary
           to
           the
           Barons
           undoubted
           Priviledge
           .
        
         
           2
           do
           .
           The
           said
           Lords
           in
           this
           Election
           Incroached
           ,
           in
           a
           manner
           never
           before
           heard
           of
           ,
           on
           the
           Barons
           Freedom
           ,
           by
           procuring
           an
           Instrument
           taken
           by
           themselves
           to
           be
           sign'd
           by
           the
           greatest
           part
           of
           those
           that
           Elected
           Castle-Stewart
           ,
           approving
           of
           the
           said
           Lords
           In-coming
           ,
           as
           if
           they
           had
           been
           called
           by
           the
           Plurality
           ,
           upon
           account
           that
           the
           Meeting
           of
           the
           Barons
           was
           not
           Constitute
           ;
           But
           that
           it
           was
           still
           a
           Sheriff-Court
           ,
           Both
           which
           were
           false
           .
           The
           Lords
           obliging
           the
           Barons
           to
           Sign
           this
           ,
           only
           to
           fix
           them
           against
           Lord
           Basil.
           
        
         
           3
           tio
           .
           The
           Subscribers
           of
           this
           Instrument
           proceed
           to
           Elect
           Castle-Stewart
           first
           Praeses
           ,
           and
           then
           Commissioner
           .
           notwithstandng
           that
           the
           Lords
           ,
           at
           least
           the
           Mr
           :
           of
           Stairs
           with
           a
           great
           many
           others
           were
           in
           the
           Room
           :
           And
           tho'
           Lord
           Basil
           Protested
           against
           any
           proceeding
           till
           the
           House
           were
           hush'd
           ,
           and
           that
           the
           Act
           of
           Parliament
           1681
           ,
           Expresly
           Statutes
           ,
           That
           the
           House
           should
           be
           hush'd
           of
           all
           but
           such
           as
           pretend
           to
           be
           Barons
           ,
           before
           the
           Barons
           proceed
           to
           Election
           .
        
         
           There
           are
           likeways
           other
           Nullities
           in
           Castle-Stewart's
           Commission
           ,
           such
           as
           ,
           that
           it
           is
           not
           filled
           up
           nor
           signed
           by
           the
           Clerk
           to
           his
           Election
           ;
           and
           Crawfordstoun
           Officiated
           as
           Clerk
           ,
           without
           taking
           the
           Oaths
           ;
           that
           the
           Sheriff-Clerk
           ,
           tho
           not
           Clerk
           to
           the
           Election
           ,
           sign'd
           the
           Commission
           ,
           but
           not
           at
           the
           Meeting
           ,
           that
           neither
           he
           nor
           Crawfordstoun
           were
           required
           either
           to
           Sign
           or
           fill
           up
           the
           Commission
           at
           the
           meeting
           .
        
         
           Castle-Stewart
           ,
           or
           rather
           others
           making
           use
           of
           his
           Name
           ,
           to
           Lord
           
           Basil's
           Surprizal
           ,
           makes
           a
           Clamour
           ,
           as
           if
           there
           had
           been
           no
           less
           Incroachments
           ,
           forsooth
           ,
           by
           the
           Sheriff
           in
           Lord
           
           Basil's
           Election
           ,
           And
           instances
           ,
        
         
           1
           mo
           .
           That
           the
           Sheriff
           ,
           tho
           he
           had
           no
           right
           to
           act
           as
           such
           ,
           and
           was
           no
           Baron
           ,
           yet
           he
           proceeded
           as
           Sheriff
           ,
           and
           would
           suffer
           none
           to
           proceed
           but
           himself
           .
        
         
           To
           this
           Lord
           Basil
           Answers
           ,
           That
           whether
           he
           had
           Right
           to
           be
           Sheriff
           or
           not
           ,
           that
           can
           no
           wayes
           concern
           his
           Election
           ,
           he
           having
           had
           nothing
           to
           do
           in
           the
           Election
           as
           Sheriff
           except
           as
           being
           there
           as
           a
           Baron
           ,
           and
           the
           Barons
           agreeing
           to
           take
           the
           Oaths
           ,
           even
           contrary
           to
           Lord
           
           Basil's
           Opinion
           ,
           before
           the
           Rolls
           were
           made
           up
           ,
           and
           there
           being
           no
           Praeses
           ,
           All
           without
           any
           Contradiction
           took
           the
           Oaths
           from
           him
           ,
           he
           being
           the
           only
           Judge
           there
           that
           could
           Administer
           them
           ;
           And
           that
           he
           has
           Acted
           ,
           and
           been
           held
           and
           Repute
           as
           Sheriff
           these
           Ten
           Years
           past
           is
           notourly
           known
           .
           As
           to
           the
           Sheriffs
           being
           no
           Baron
           ,
           the
           effect
           is
           determined
           by
           the
           Act
           of
           Parliament
           1681
           :
           
             Viz
             ,
             That
             the
             unjust
             pretenders
             shall
             be
             liable
             in
             a
             Fine
             of
             500
             Merks
             ,
             if
             objested
             against
             at
             the
             Inrolling
             .
          
           But
           so
           it
           is
           ,
           there
           's
           no
           Objection
           against
           the
           Sheriff's
           being
           a
           Baron
           ,
           by
           any
           Baron
           in
           their
           Meeting
           ,
           or
           at
           making
           up
           of
           the
           Rolls
           .
        
         
           As
           to
           the
           Sheriff's
           presiding
           ,
           further
           than
           that
           he
           did
           Administer
           the
           Oaths
           ,
           it
           is
           most
           Calumnious
           ;
           For
           in
           the
           making
           up
           of
           the
           Rolls
           there
           was
           no
           Praeses
           ,
           nor
           need
           of
           any
           ,
           every
           one
           making
           their
           Objections
           and
           Answers
           to
           their
           Rights
           of
           Voting
           in
           the
           Clerk
           of
           the
           Meeting
           's
           hands
           ;
           Nor
           is
           there
           any
           Law
           obliging
           a
           Praeses
           to
           be
           chosen
           for
           that
           effect
           ,
           The
           Act
           of
           Parliament
           1681
           ,
           Statuting
           ,
           
             That
             the
             Rolls
             should
             be
             made
             up
             ,
             at
             the
             times
             therein
             appointed
             ,
          
           does
           not
           appoint
           any
           Praeses
           to
           be
           chosen
           .
           It
           is
           true
           the
           said
           Act
           appoints
           a
           Praeses
           to
           be
           chosen
           at
           the
           Meeting
           in
           order
           to
           the
           Election
           of
           a
           Commissioner
           ,
           presupposing
           the
           Rolls
           to
           be
           made
           up
           ,
           Conform
           to
           the
           manner
           prescribed
           in
           that
           Act
           ,
           and
           Registrated
           in
           the
           Sheriff-Clerk's
           Book
           ;
           Statuting
           ,
           
             That
             such
             as
             are
             formerly
             In-rolled
             shall
             choose
             a
             President
             before
             they
             receive
             such
             as
             have
             not
             been
             formerly
             In-rolled
             :
          
           But
           in
           the
           Case
           of
           the
           Shire
           of
           Wigtoun
           ,
           where
           no
           Rolls
           have
           been
           made
           up
           ,
           &
           insert
           in
           the
           Sheriff-Clerk's
           Book
           ;
           there
           's
           nothing
           Statuted
           as
           to
           the
           choosing
           of
           a
           Praeses
           :
           And
           truly
           it
           could
           not
           be
           Statuted
           that
           a
           Praeses
           should
           be
           chosen
           before
           the
           Rolls
           were
           made
           up
           ,
           else
           every
           Footman
           would
           have
           as
           good
           a
           Title
           to
           choose
           a
           Praeses
           as
           a
           Baron
           ,
           the
           Law
           punishing
           only
           unjust
           pretenders
           when
           objected
           against
           ,
           but
           by
           that
           same
           Law
           no
           Objection
           can
           be
           made
           but
           at
           making
           up
           of
           the
           Rolls
           .
        
         
           But
           further
           ,
           whatever
           was
           done
           in
           this
           was
           acquiesced
           to
           by
           all
           the
           Meeting
           ;
           there
           were
           indeed
           some
           pretending
           to
           be
           Barons
           ,
           that
           motion'd
           that
           a
           Praeses
           should
           be
           chosen
           ,
           but
           after
           that
           they
           were
           told
           that
           it
           was
           fit
           in
           the
           first
           place
           to
           know
           who
           should
           Vote
           in
           that
           Election
           ,
           It
           was
           acquiesced
           to
           by
           all
           ,
           that
           they
           should
           proceed
           without
           a
           Praeses
           ,
           and
           accordingly
           not
           only
           they
           went
           on
           in
           making
           their
           several
           Objections
           and
           Answers
           till
           the
           Lords
           Interrupted
           them
           ,
           but
           even
           at
           Castle-Stewart's
           own
           Election
           ,
           both
           for
           being
           Praeses
           and
           Commissioner
           ,
           the
           Rolls
           thus
           made
           up
           were
           used
           ,
           and
           none
           other
           .
        
         
           2
           do
           .
           It
           is
           alledged
           for
           Castle-Stewart
           ,
           That
           the
           Sheriff
           Fined
           one
           of
           the
           Barons
           that
           Voted
           for
           him
           ,
           because
           he
           was
           claiming
           his
           Right
           as
           a
           Baron
           .
        
         
           To
           which
           it
           is
           answered
           ,
           That
           tho
           the
           Sheriff
           had
           Fined
           all
           the
           Barons
           ,
           and
           unjustly
           too
           ,
           that
           can
           no
           ways
           concern
           Lord
           
             Basil
             Hamilton
          
           .
           It
           is
           not
           pretended
           by
           Casle-Stewart
           that
           he
           was
           deprived
           thereby
           of
           that
           Baron's
           Vote
           ,
           which
           indeed
           were
           unjust
           ,
           and
           if
           so
           ,
           he
           should
           be
           Counted
           as
           Voting
           .
           But
           the
           true
           matter
           of
           Fact
           is
           ,
           one
           
             William
             Gordon
          
           ,
           who
           Stiles
           himself
           of
           Grange
           ,
           a
           Second
           Brother
           ,
           who
           was
           never
           known
           to
           pretend
           to
           the
           Priviedge
           of
           a
           Baron
           ,
           his
           Eldest
           Brother
           the
           Apparent
           Heir
           being
           still
           alive
           ,
           while
           the
           House
           was
           a
           hushing
           in
           favours
           of
           the
           Barons
           ,
           and
           he
           was
           desired
           by
           the
           Sheriff
           to
           remove
           ,
           and
           upon
           his
           pretending
           Right
           to
           stay
           ,
           was
           bid
           give
           in
           a
           Petition
           with
           others
           that
           were
           pretending
           the
           like
           ,
           to
           the
           end
           that
           the
           Barons
           might
           cognosce
           thereupon
           .
           He
           not
           only
           refused
           that
           ,
           but
           giving
           also
           Saucie
           Language
           ,
           the
           Sheriff
           thereupon
           ,
           to
           support
           his
           own
           Authority
           ,
           made
           a
           fashion
           of
           Fining
           him
           ,
           without
           any
           design
           of
           exacting
           it
           ;
           as
           may
           appear
           by
           this
           ,
           that
           the
           said
           William
           not
           only
           stayed
           still
           in
           the
           Room
           ,
           tho'
           he
           showed
           no
           Right
           ,
           but
           thereafter
           Voted
           for
           Castle-Stewart
           ,
           and
           filled
           up
           Castle-Stewart's
           Name
           in
           the
           Commission
           ,
           and
           was
           very
           Active
           in
           all
           the
           Steps
           of
           Castle-Stewarts
           Election
           .
        
         
         
           3
           dly
           ,
           It
           is
           pretended
           for
           Castle-Stewart
           ,
           That
           the
           Lords
           were
           called
           by
           the
           Plurality
           of
           the
           Barons
           ,
           to
           the
           end
           ,
           that
           they
           might
           give
           the
           Barons
           their
           Advice
           ,
           concerning
           the
           Legality
           of
           their
           Proceedings
           .
        
         
           To
           which
           it
           is
           Answered
           ,
           That
           the
           Allegiance
           is
           false
           and
           calumnious
           ,
           there
           being
           no
           Call
           by
           the
           Plurality
           ,
           and
           if
           by
           any
           ,
           it
           has
           been
           of
           their
           own
           Procurement
           ,
           that
           they
           might
           have
           a
           Pretence
           for
           hindering
           Lord
           Basil
           from
           being
           chosen
           ,
           which
           ,
           that
           they
           design'd
           right
           or
           wrong
           ,
           will
           still
           appear
           yet
           more
           evident
           ,
           by
           and
           by
           .
        
         
           And
           besides
           ,
           the
           Plurality
           could
           not
           incroach
           upon
           any
           dissenting
           Barons
           ,
           that
           would
           stand
           to
           their
           Priviledge
           ,
           which
           even
           the
           Lords
           themselves
           shew
           they
           were
           sensible
           of
           ,
           for
           in
           the
           Instrument
           which
           they
           took
           upon
           Lord
           
           Basil's
           protesting
           against
           their
           in-coming
           ,
           they
           value
           themselves
           on
           this
           ,
           that
           tho
           they
           were
           desired
           by
           the
           Plurality
           to
           stay
           ;
           yet
           they
           left
           the
           House
           ,
           that
           the
           Barons
           might
           have
           their
           Freedom
           .
        
         
           It
           is
           alledged
           further
           ,
           That
           the
           Barons
           were
           not
           constituted
           in
           a
           Meeting
           ,
           before
           the
           Lords
           came
           in
           ,
           and
           that
           the
           Lords
           went
           out
           ,
           as
           soon
           as
           the
           Barons
           went
           to
           constitute
           their
           Meeting
           ,
           by
           Electing
           a
           Praeses
           ,
           without
           meddling
           in
           the
           least
           ,
           as
           to
           any
           thing
           relating
           to
           the
           Election
           ,
           either
           of
           Praeses
           or
           Commissioner
           .
        
         
           To
           this
           it
           is
           Answered
           ,
           1
           mo
           ,
           That
           the
           Barons
           were
           making
           up
           their
           Rolls
           ,
           and
           had
           almost
           ended
           the
           same
           when
           the
           Lords
           came
           in
           ,
           after
           which
           they
           were
           to
           choose
           their
           Praeses
           .
           2
           do
           ,
           All
           the
           Intruders
           did
           not
           remove
           ,
           for
           the
           Master
           of
           Stairs
           ,
           with
           a
           great
           many
           others
           ,
           stayed
           still
           ,
           and
           such
           as
           subscribed
           the
           Instrument
           which
           the
           Lords
           took
           ,
           went
           on
           and
           Elected
           ,
           notwithstanding
           that
           Lord
           Basil
           had
           protested
           against
           Electing
           till
           the
           House
           should
           be
           hushed
           ,
           both
           upon
           the
           account
           of
           those
           whom
           he
           saw
           stay
           ,
           and
           of
           the
           Lords
           whom
           he
           ,
           with
           many
           others
           ,
           had
           not
           seen
           retire
           out
           of
           the
           Tolbooth
           ,
           but
           only
           into
           a
           Room
           divided
           from
           the
           place
           where
           the
           Barons
           were
           only
           by
           thin
           Dales
           ,
           and
           these
           not
           to
           the
           Top
           neither
           .
           3
           tio
           ,
           The
           Lords
           meddled
           so
           far
           ,
           as
           to
           procure
           their
           Instrument
           to
           be
           sign'd
           by
           Twelve
           ,
           that
           pretended
           to
           be
           Barons
           ,
           tho
           what
           was
           alledged
           in
           the
           Instrument
           was
           false
           ,
           and
           the
           Signing
           of
           this
           Instrument
           had
           the
           effect
           to
           make
           the
           Subscribers
           divide
           from
           the
           other
           Barons
           ,
           with
           whom
           before
           they
           had
           been
           acting
           in
           Concert
           ,
           and
           this
           Signing
           ,
           together
           with
           the
           Master
           of
           Stairs
           his
           presence
           ,
           who
           had
           been
           left
           no
           doubt
           for
           that
           effect
           ,
           made
           the
           Subscribers
           ,
           contrary
           to
           express
           Law
           ,
           Elect
           without
           Hushing
           the
           House
           ,
           tho
           protested
           against
           by
           the
           Barons
           ,
           who
           could
           not
           go
           alongs
           in
           so
           illegal
           ,
           as
           well
           as
           tumultuary
           a
           manner
           ,
           and
           must
           be
           of
           most
           pernicious
           Consequence
           to
           all
           Elections
           of
           either
           Barons
           or
           Burrows
           for
           the
           future
           ,
           if
           the
           Parliament
           provide
           not
           a
           Remedy
           .
        
         
           The
           Parllament
           having
           ,
           upon
           what
           has
           been
           alledged
           by
           both
           Parties
           ,
           ordered
           them
           to
           adduce
           Witnesses
           before
           Answer
           ,
           as
           to
           the
           Relevancy
           ,
           Lord
           Basil
           adduced
           the
           Lairds
           of
           
             Garthland
             ,
             Carrichtrie
          
           ,
           and
           Crichow
           ,
           Witnesses
           of
           undoubted
           Probity
           .
           The
           two
           first
           were
           objected
           against
           ,
           as
           having
           Voted
           for
           Lord
           Basil
           ;
           but
           besides
           that
           ,
           Lord
           Basil
           could
           adduce
           no
           others
           but
           Barons
           ,
           as
           to
           what
           passed
           while
           the
           House
           was
           hushed
           ,
           having
           not
           been
           so
           provident
           ,
           as
           to
           post
           Witnesses
           :
           And
           they
           being
           the
           only
           Barons
           upon
           the
           place
           ,
           it
           can
           infer
           nothing
           ,
           that
           these
           Gentlemen
           Voted
           for
           Lord
           Basil.
           And
           further
           ,
           the
           Witnesses
           adduced
           by
           Lord
           
             Basil
             Hamilton
          
           have
           Depon'd
           nothing
           in
           favours
           of
           Lord
           
           Basil's
           Election
           ,
           but
           what
           is
           otherways
           sufficiently
           proven
           .
           For
           ,
        
         
           1
           mo
           ,
           As
           to
           all
           the
           Barons
           acquiescing
           to
           the
           making
           up
           of
           the
           Rolls
           ,
           without
           choosing
           a
           Praeses
           ,
           
           Crawfurdstoun's
           Instrument
           ,
           his
           Deposition
           ,
           as
           well
           as
           young
           
           Phisgall's
           and
           Alexander
           Campbel's
           ,
           agree
           ,
           That
           the
           Barons
           went
           on
           ,
           after
           old
           
           Phisgall's
           pretended
           Instrument
           ,
           in
           their
           Objections
           ,
           till
           the
           Lords
           came
           in
           ,
           and
           that
           thereafter
           ,
           such
           as
           Elected
           Castle-Stewart
           ,
           used
           the
           Rolls
           thus
           made
           up
           ,
           and
           none
           other
           ,
           in
           Electing
           him
           both
           Praeses
           and
           Commissioner
           ,
           which
           prove
           as
           positive
           an
           Acquiescence
           and
           passing
           from
           their
           Instrument
           against
           former
           Proceedings
           ,
           if
           any
           was
           ,
           or
           from
           their
           Motion
           to
           choose
           a
           Praeses
           ,
           there
           being
           no
           such
           Instrument
           ,
           as
           Garthland
           and
           
           Carrichtrie's
           Depositions
           prove
           ,
           That
           all
           the
           Barons
           had
           acquiesced
           to
           the
           making
           up
           of
           the
           Rolls
           ,
           without
           choosing
           a
           Praeses
           .
        
         
           2
           do
           ,
           That
           the
           Lords
           and
           Master
           of
           Stairs
           went
           in
           where
           the
           Barons
           were
           ,
           while
           they
           were
           making
           up
           the
           Rolls
           ,
           and
           had
           almost
           ended
           the
           same
           ,
           is
           evident
           from
           
           Crawfurdstoun's
           Instrument
           ,
           the
           Witnesses
           adduced
           for
           Castle-Stewart
           ,
           as
           well
           as
           these
           for
           Lord
           Basil
           ,
           and
           the
           Sheriff-Clerk's
           Extract
           .
        
         
           3
           tio
           ,
           That
           the
           Lords
           procured
           the
           Barons
           to
           sign
           their
           Associating
           Instrument
           ,
           is
           no
           less
           evident
           .
        
         
           4
           to
           ,
           As
           to
           the
           Master
           of
           Stairs
           and
           others
           being
           in
           the
           Room
           ,
           the
           time
           of
           Castle-Stewarts
           Election
           ,
           all
           like
           ways
           have
           agreed
           thereto
           .
           And
           as
           to
           Lord
           
           Basil's
           protesting
           against
           
           Castle-Stewart's
           Electors
           proceeding
           to
           Elect
           ,
           until
           the
           House
           were
           hushed
           ,
           besides
           the
           Clerk
           of
           the
           Meeting
           's
           Extract
           of
           what
           passed
           ,
           wherein
           this
           Instrument
           is
           Recorded
           ,
           and
           the
           three
           Witnesses
           adduced
           by
           Lord
           Basil
           confirming
           the
           same
           ,
           
           Crawfurdstoun's
           Instrument
           ,
           and
           
           Castle-Stewart's
           Witnesses
           Depositions
           concerning
           Lord
           Basil
           and
           the
           Barons
           their
           adhering
           to
           him
           ,
           their
           refusing
           to
           Vote
           ,
           and
           Lord
           
           Basil's
           saying
           ,
           
             You
             may
             choose
             the
             Master
             of
          
           Stairs
           
             's
             Page
          
           ,
           &c.
           sufficiently
           prove
           Lord
           
           Basil's
           ,
           and
           his
           Adherents
           ,
           their
           refusing
           to
           Vote
           ,
           to
           have
           been
           upon
           the
           account
           ,
           that
           the
           House
           was
           not
           hush'd
           ,
           and
           that
           they
           dissented
           from
           that
           illegal
           and
           unaccountable
           manner
           of
           Proceeding
           .
        
         
           Lord
           Basil
           having
           thus
           most
           clearly
           proven
           all
           the
           most
           illegal
           and
           dangerous
           Incroachments
           which
           he
           founded
           on
           ,
           as
           committed
           against
           the
           Priviledge
           of
           the
           Barons
           ,
           in
           order
           to
           hinder
           his
           being
           Elected
           ;
           And
           likeways
           ,
           That
           Castle-Stewart
           ,
           and
           his
           Adherents
           ,
           had
           not
           only
           acquiesced
           to
           that
           Procedure
           of
           the
           Barons
           ,
           for
           which
           Castle-Stewart
           complains
           of
           Lord
           
           Basil's
           Election
           ,
           and
           by
           which
           he
           pretends
           to
           excuse
           the
           said
           Incroachments
           ;
           but
           also
           ,
           That
           Castle-Stewart
           and
           his
           Adherents
           had
           ,
           after
           the
           Lords
           and
           Master
           of
           
           Stairs's
           in-coming
           ,
           upon
           Pretext
           of
           the
           illegal
           Proceedings
           of
           the
           Barons
           ,
           approven
           of
           the
           Barons
           Procedure
           ,
           by
           using
           these
           very
           Rolls
           that
           the
           Barons
           had
           made
           up
           after
           this
           pretended
           illegal
           manner
           .
        
         
           Tho
           Castle-Stewart
           should
           prove
           all
           alledged
           on
           his
           behalf
           ,
           it
           can
           avail
           him
           nothing
           ,
           either
           against
           Lord
           
           Basil's
           Election
           ,
           or
           in
           support
           of
           his
           own
           ,
           Yet
           such
           has
           been
           the
           Calumniousness
           of
           those
           Arguments
           and
           Suggestions
           us'd
           against
           Lord
           Basil
           in
           this
           Affair
           ,
           that
           Castle-Stewart
           has
           not
           proven
           any
           one
           thing
           ,
           whereupon
           there
           could
           be
           founded
           the
           least
           shadow
           of
           Objection
           against
           Lord
           Basil
           ,
           or
           of
           Defence
           of
           what
           was
           acted
           by
           the
           Lords
           and
           Castle-Stewart
           ,
           to
           hinder
           Lord
           
           Basil's
           Election
           .
        
         
           As
           to
           the
           Witnesses
           adduced
           for
           
             Castle
             Stewart
          
           ,
           they
           are
           the
           Master
           of
           
             Stairs
             ,
             Crawfurdstoun
          
           ,
           young
           Phisgall
           ,
           and
           
             Alexander
             Campbel
          
           Servant
           to
           the
           Earl
           of
           Galloway
           .
        
         
           The
           Master
           of
           Stairs
           was
           objected
           against
           ,
           as
           Son
           to
           the
           Viscount
           ,
           but
           it
           appears
           from
           his
           own
           Deposition
           ,
           that
           he
           is
           no
           less
           to
           be
           considered
           as
           guilty
           of
           the
           Incroachments
           ,
           for
           which
           the
           Parliament
           has
           considered
           the
           Lords
           as
           Party
           ,
           than
           the
           Lords
           themselves
           .
        
         
           Crawfurdstoun
           has
           made
           himself
           as
           much
           Party
           as
           either
           ,
           having
           given
           an
           Instrument
           in
           their
           favours
           ,
           that
           no
           Notar
           can
           be
           answerable
           for
           ,
           because
           ,
           1
           mo
           ,
           The
           far
           greater
           part
           of
           it
           consists
           of
           that
           whereupon
           no
           Instruments
           were
           taken
           in
           his
           hands
           ,
           as
           appears
           by
           his
           Answers
           to
           Lord
           
           Basil's
           second
           and
           third
           Interrogatories
           ,
           when
           he
           was
           re-examined
           ,
           by
           which
           Interrogatories
           it
           is
           evident
           ,
           that
           Instruments
           were
           only
           taken
           in
           the
           Sheriff
           Clerk's
           hands
           ,
           upon
           the
           Objections
           and
           Answers
           made
           against
           any
           pretending
           Right
           to
           Elect
           or
           be
           Elected
           Commissioner
           .
           2
           do
           ,
           He
           has
           in
           it
           many
           things
           whereupon
           no
           Instrument
           was
           taken
           at
           all
           ,
           as
           appears
           from
           his
           Answer
           to
           the
           fourth
           and
           fifth
           Interrogatories
           ,
           when
           first
           Examined
           ,
           where
           he
           Depones
           ,
           That
           no
           Instruments
           were
           taken
           in
           his
           hands
           ,
           upon
           the
           Motion
           of
           calling
           in
           the
           Lords
           ,
           or
           upon
           Lord
           
           Basil's
           Answer
           ,
           when
           desired
           t●
           Vote
           who
           should
           be
           
             Praeses
             ,
             That
             they
             might
             choose
             the
             Master
             of
          
           Stairs
           Page
           ,
           &c.
           
           And
           it
           is
           not
           pretended
           ,
           that
           Instruments
           were
           taken
           upon
           either
           of
           these
           Passages
           ,
           in
           any
           other
           Persons
           hands
           .
           3
           tio
           ,
           The
           Instrument
           contains
           Falshoods
           ,
           As
           
           1
           mo
           ,
           He
           gives
           as
           the
           Reason
           of
           the
           Motion
           for
           calling
           in
           the
           Lords
           ,
           
             That
             they
             might
             see
             fair
             play
             ,
             and
             protect
             the
             Barons
             from
             being
             over-awed
             ,
             menaced
             ,
             and
             threatned
             ,
             whereof
             they
             had
             complain'd
             several
             times
             that
             day
          
           ;
           he
           acknowledging
           as
           said
           is
           ,
           that
           there
           were
           no
           Instruments
           upon
           this
           ,
           it
           is
           only
           his
           own
           Assertion
           ;
           and
           not
           only
           there
           's
           nothing
           of
           this
           appears
           from
           either
           his
           own
           or
           any
           others
           Deposition
           ,
           but
           the
           Lords
           have
           not
           pretended
           this
           Reason
           in
           their
           Instrument
           :
           And
           Castle-Stewart
           ,
           both
           by
           his
           Lawiers
           before
           the
           Parliament
           ,
           and
           in
           his
           Interrogatories
           ,
           assigns
           an
           other
           Reason
           ,
           
             viz.
             That
             the
             Barons
             might
             Advise
             with
             the
             Lords
             ,
             how
             they
             should
             proceed
             .
          
           2
           do
           ,
           Young
           Phisgall
           Depones
           ,
           That
           Crawfurdstoun
           has
           likewise
           in
           his
           Instrument
           ,
           That
           Castle-Stewart
           
             protested
             in
             his
             hand
             against
             Lord
          
           Basil
           ,
           
             for
             menacing
             the
             Clerk
          
           ,
           yet
           being
           Examined
           upon
           
           Castle-Stewart's
           fourteenth
           Interrogatory
           ,
           
             If
             the
             Clerk
             was
             not
             present
             when
             this
             Instrument
             was
             taken
             ,
             and
             if
             he
             was
             not
             Witness
             to
             it
             ,
          
           All
           that
           he
           would
           say
           ,
           was
           ,
           That
           the
           Sheriff-Clerk
           was
           present
           all
           the
           time
           he
           was
           in
           the
           Meeting
           .
           Whereupon
           he
           being
           Interrogated
           by
           Lord
           Basil
           ,
           in
           his
           ninth
           Interrogatory
           ,
           If
           he
           saw
           or
           heard
           Lord
           Basil
           menace
           the
           Clerk
           ,
           he
           Answered
           Negatively
           .
           3
           tio
           ,
           He
           asserts
           in
           his
           Instrument
           .
           That
           the
           Witnesses
           therein-mention'd
           ,
           were
           required
           Witnesses
           to
           the
           whole
           therein-contained
           ,
           altho
           ,
           as
           to
           most
           no
           Instruments
           were
           taken
           in
           his
           hand
           ,
           and
           part
           is
           false
           ,
           and
           no
           Instruments
           taken
           thereon
           in
           any
           hand
           :
           And
           that
           he
           could
           not
           Answer
           to
           that
           Interrogatory
           ,
           about
           the
           Clerk's
           being
           Witness
           to
           a
           false
           Instrument
           ,
           as
           is
           said
           .
           Crawfurdstoun
           likeways
           ,
           in
           Answer
           to
           Lord
           
           Basil's
           ninth
           Interrogatory
           ,
           Depones
           ,
           That
           young
           Phisgall
           ,
           whom
           he
           likeways
           designs
           Witness
           to
           all
           ,
           was
           not
           required
           Witness
           ,
           That
           he
           only
           told
           him
           ,
           he
           was
           to
           be
           Witness
           to
           all
           Instruments
           taken
           in
           his
           hands
           ,
           but
           could
           not
           say
           ,
           that
           he
           told
           even
           that
           ,
           before
           the
           Lords
           returned
           to
           the
           Meeting
           :
           And
           Crawfurdstoun
           and
           young
           Phisgall
           Depone
           ,
           That
           old
           Phisgall
           protested
           long
           before
           the
           Lords
           returned
           .
        
         
           A
           great
           many
           more
           Contradictions
           of
           this
           Nature
           might
           be
           instanced
           ,
           nor
           could
           it
           be
           otherways
           in
           so
           long
           an
           Instrument
           ,
           containing
           so
           many
           different
           Matters
           ,
           whereof
           Crawfurdstoun
           took
           no
           manner
           of
           Notes
           ,
           as
           appears
           from
           his
           Answers
           ,
           when
           re-examined
           to
           Lord
           
           Basil's
           third
           ,
           seventh
           ,
           and
           eight
           Interrogatories
           ,
           which
           one
           Fault
           ,
           were
           there
           no
           other
           ,
           is
           enough
           to
           discredit
           the
           Instrument
           ,
           and
           to
           show
           ,
           that
           it
           has
           been
           contriv'd
           only
           to
           serve
           a
           Turn
           .
           But
           Crawfurdstoun
           being
           thus
           ingaged
           ,
           sufficiently
           shows
           his
           Affection
           and
           Concern
           both
           for
           the
           Cause
           and
           his
           own
           Instrument
           ,
           in
           all
           that
           he
           Depones
           ;
           As
           particularly
           at
           his
           second
           examination
           ,
           when
           Interrogated
           by
           Lord
           Basil
           ,
           If
           Instruments
           had
           been
           taken
           in
           his
           hand
           ,
           upon
           the
           Objections
           that
           were
           made
           by
           any
           of
           the
           Barons
           ,
           against
           the
           others
           having
           Right
           to
           Vote
           .
           He
           shifts
           the
           Question
           ,
           and
           answers
           as
           to
           Instruments
           taken
           against
           the
           Illegality
           of
           the
           Barons
           Procedure
           ,
           and
           Depones
           ,
           That
           none
           other
           had
           taken
           any
           Instruments
           in
           his
           hands
           upon
           that
           Illegality
           ,
           save
           old
           Phisgall
           .
           But
           being
           thereafter
           Interrogated
           by
           Lord
           Basil
           ,
           If
           he
           had
           taken
           Notes
           of
           these
           Objections
           ,
           he
           then
           tells
           the
           Truth
           ,
           viz.
           
           
             That
             the
             Instruments
             on
             these
             Objections
             were
             taken
             in
             the
             Sheriff-Clerk's
             hands
             ,
          
           founding
           on
           that
           ,
           as
           an
           Excuse
           ,
           why
           he
           took
           no
           Notes
           of
           the
           Objections
           .
        
         
           But
           being
           further
           press'd
           by
           Lord
           
           Basil's
           seventh
           and
           eighth
           Interrogatories
           ,
           If
           he
           took
           Notes
           of
           old
           
           Phisgall's
           Instrument
           ,
           which
           is
           not
           pretended
           to
           have
           been
           taken
           in
           the
           Sheriff-Clerk's
           hands
           ,
           and
           of
           
           Castle-Stewart's
           Instruments
           ,
           who
           had
           protested
           against
           the
           Clerk
           ,
           for
           not
           serving
           him
           ,
           he
           is
           forced
           to
           let
           fall
           his
           Excuse
           ,
           and
           confess
           ,
           that
           he
           had
           taken
           no
           Notes
           as
           to
           those
           ;
           being
           sensible
           ,
           that
           all
           that
           were
           at
           the
           Meeting
           saw
           ,
           that
           he
           had
           taken
           no
           Notes
           at
           all
           .
        
         
           Young
           Phisgal
           pretends
           to
           be
           Instrumentary
           Witness
           to
           his
           Fathers
           Protestation
           ,
           he
           has
           been
           Agent
           in
           this
           Matter
           all
           along
           ,
           present
           at
           Consultations
           that
           have
           been
           had
           thereupon
           ;
           and
           ,
           as
           is
           informed
           by
           himself
           ,
           help'd
           Crawfordstoun
           to
           make
           up
           his
           Instrument
           ,
           &
           advised
           young
           Castle-Stewart
           to
           Protest
           against
           the
           Sheriff
           :
           All
           which
           Lord
           Basil
           knew
           not
           when
           he
           was
           examined
           ,
           therefore
           did
           not
           object
           against
           him
           upon
           these
           grounds
           :
           But
           the
           Objection
           is
           still
           Competent
           ,
           it
           being
           usual
           before
           the
           Relevancy
           be
           discus'd
           to
           receive
           Witnesses
           
             cum
             nota
          
           ,
           reserving
           Objections
           till
           discussing
           of
           the
           Relevancy
           .
        
         
           But
           further
           ,
           besides
           these
           mistakes
           charg'd
           on
           
           Crawfordstoun's
           Instrument
           ,
           whereof
           he
           is
           equally
           guilty
           ,
           signing
           as
           Witness
           thereto
           ,
           he
           Depones
           in
           Answer
           to
           
           Castle-Stewart's
           Fourteenth
           Interrogatory
           in
           positive
           terms
           ,
           that
           the
           Sheriff-Clerk
           was
           required
           Witness
           to
           every
           Article
           contained
           in
           
           Crawfordston's
           Instrument
           ;
           which
           is
           absolutely
           impossible
           ,
           the
           most
           part
           of
           the
           Instrument
           ,
           being
           nothing
           but
           a
           Narration
           of
           
           Crawfordston's
           as
           to
           what
           past
           ,
           whereupon
           no
           Instruments
           were
           taken
           in
           
           Crawfordston's
           hand
           ,
           some
           thereof
           false
           ,
           and
           whereupon
           no
           Instruments
           were
           taken
           in
           any
           hands
           ,
           as
           is
           above
           showen
           ,
           but
           young
           Phisgal
           says
           no
           less
           as
           to
           his
           own
           being
           Witness
           ,
           Deponing
           that
           he
           was
           an
           Instrumentary
           Witness
           ,
           tho
           it
           is
           inconsistent
           ,
           as
           said
           is
           ,
           and
           that
           Crawfordston
           Deponed
           otherways
           ,
           as
           is
           already
           likeways
           showen
           .
        
         
           Thereafter
           young
           Phisgal
           gives
           as
           his
           
             Causa
             Scientiae
          
           ,
           that
           he
           was
           present
           at
           every
           Article
           whereupon
           he
           Depones
           ;
           that
           is
           ,
           he
           was
           all
           the
           while
           in
           the
           Meeting
           till
           Castle-Stewart
           was
           Elected
           ,
           
           Crawfordston's
           Instrument
           being
           given
           for
           an
           extract
           of
           all
           that
           past
           ;
           And
           yet
           he
           Depones
           in
           Answer
           to
           
           Castle-Stewart's
           Ninth
           Interrogatory
           ,
           
             That
             the
             Lords
             when
             they
             left
             the
             Tolbooth
             went
             to
             Baillie
          
           Gullen's
           ,
           which
           he
           could
           not
           know
           if
           he
           stayed
           in
           the
           Tolbooth
           ;
           and
           in
           Answer
           to
           the
           Sixth
           Interogatory
           he
           Depones
           ,
           
             That
             to
             the
             best
             of
             his
             Memory
             the
             Barons
             sent
             two
             of
             their
             Number
             to
             invite
             in
             the
             Lords
          
           ;
           This
           shews
           he
           was
           in
           the
           Meeting
           with
           the
           Barons
           ,
           then
           he
           Subjoyns
           ,
           
             who
             came
             and
             told
             the
             Lords
             they
             were
             call'd
             in
             to
             the
             Meeting
          
           ;
           which
           likewise
           shews
           he
           was
           at
           the
           same
           time
           with
           the
           Lords
           ,
           and
           had
           been
           of
           the
           Lords
           Company
           ,
           before
           these
           Ambassadors
           went
           to
           them
           .
        
         
           Young
           Phisgall
           further
           Depones
           in
           Answer
           to
           
           Castle-Stewart's
           Third
           Interrogatory
           ,
           
             That
             he
             heard
             his
             Father
             in
             Name
             of
             many
             of
             the
             Barons
             go
             to
             the
             end
             of
             the
             Table
             where
             the
             Clerk
             was
             sitting
             ,
             and
             there
             did
             Protest
             against
             the
             proceedings
             of
             that
             Meeting
             as
             altogether
             illegal
             ,
             and
             thereupon
             took
             Instruments
             in
             
             Crawfordston's
             hand
             ,
             &
             that
             he
             had
             Protested
             ,
             but
             his
             Protestation
             was
             not
             marked
             by
             the
             Sheriff-Clerk
             :
          
           If
           old
           Phisgall
           had
           thus
           Protested
           against
           the
           Sheriff-Clerk
           ,
           his
           Protestation
           had
           been
           legal
           ,
           as
           no
           doubt
           young
           Phisgall
           has
           had
           occasion
           to
           learn
           at
           the
           Consultations
           .
           But
           the
           Instrument
           produced
           bears
           the
           same
           to
           have
           been
           taken
           against
           several
           Barons
           ,
           and
           not
           against
           the
           Clerk.
           And
           Crawfordston
           in
           Answer
           to
           Lord
           
           Basil's
           Second
           Interrogatory
           ,
           at
           his
           first
           Examination
           Depones
           ,
           
             That
             he
             saw
             the
             Clerk
             refuse
             no
             Protestation
             .
          
        
         
           
             Alexander
             Campbel
          
           was
           objected
           against
           ,
           as
           being
           the
           Earl
           of
           
           Galloway's
           Servant
           ,
           and
           it
           is
           since
           informed
           that
           he
           was
           also
           present
           at
           their
           Consultations
           .
           But
           further
           ,
           in
           Answer
           to
           
           Castle-Stewart's
           first
           Interrogatory
           ,
           he
           Depones
           ,
           
             That
             Lord
             Basil
             answered
             to
             old
             Phisgall
             who
             des●●●
             above
             〈…〉
             Praeses
             chosen
             ,
             that
             they
             might
             choose
             the
             Mr.
             of
             
             Stairs's
             Page
             ,
             whereas
             they
             all
             agree
             that
             
             Phisgall's
             desiring
             a
             Praeses
             to
             be
             chosen
             was
             long
             before
             the
             Lords
             returned
             .
          
           And
           it
           appears
           from
           the
           Instrument
           ,
           that
           this
           Answer
           of
           Lord
           
           Basil's
           was
           when
           his
           Name
           was
           called
           to
           give
           his
           Vote
           ,
           which
           according
           to
           all
           
           Castle-Stewart's
           Witnesses
           ,
           was
           after
           the
           Lords
           had
           retired
           the
           second
           time
           .
        
         
           
             Alexander
             Campbel
          
           in
           Answer
           to
           the
           Third
           Interrogatory
           Depones
           ,
           
             That
             he
             heard
             Phisgall
             Elder
             take
             Protestation
             in
             
             Crawfordstoun's
             hands
             that
             the
             Sheriff's
             presiding
             was
             illegal
             ,
             and
             that
             the
             Barons
             were
             thereby
             interrupted
             in
             their
             Election
             .
          
           Tho
           the
           Instrument
           produced
           is
           that
           the
           not
           choosing
           a
           Praeses
           is
           illegal
           ,
           and
           taken
           against
           the
           several
           Barons
           therein
           mention'd
           ,
           and
           not
           one
           word
           in
           the
           Instrument
           of
           the
           Sheriff's
           presiding
           :
           And
           
             Alexander
             Campbel
          
           ,
           tho
           he
           be
           positive
           in
           this
           interogatory
           ,
           being
           thereafter
           asked
           by
           Lord
           Basil
           ,
           In
           whose
           hands
           Phisgall
           had
           taken
           that
           Instrument
           ,
           Answered
           ,
           
             That
             he
             did
             not
             see
             ,
             but
             he
             heard
             that
             it
             was
             in
             
             Crawfordston's
             hands
             .
          
        
         
         
           Tho
           such
           are
           the
           Witnesses
           yet
           such
           also
           is
           the
           force
           of
           Truth
           that
           the
           Probation
           is
           as
           follows
           :
        
         
           There
           's
           nothing
           adduced
           to
           prove
           that
           there
           was
           the
           least
           Objection
           against
           the
           Sheriff's
           Title
           as
           Sheriff
           ;
           and
           it
           is
           notourly
           known
           ,
           that
           this
           is
           not
           the
           first
           time
           of
           a
           Hundred
           that
           he
           has
           Exerced
           as
           such
           .
        
         
           There
           's
           as
           little
           adduced
           for
           proving
           that
           there
           was
           any
           Objection
           against
           the
           Sheriff
           for
           Fining
           
             William
             Gordon
          
           :
           But
           it
           is
           proven
           that
           he
           was
           Fined
           at
           the
           hushing
           of
           the
           House
           ,
           not
           only
           by
           the
           Witnesses
           adduced
           by
           Lord
           Basil
           ,
           but
           also
           from
           
           Crawfordston's
           Historical
           Instrument
           of
           what
           past
           in
           the
           Meeting
           ,
           mentioning
           nothing
           of
           it
           .
        
         
           As
           for
           the
           Sheriff's
           presiding
           ,
           there
           's
           a
           pretended
           Instrument
           produced
           of
           Phisgall's
           against
           several
           Barons
           ,
           for
           not
           choosing
           a
           Praeses
           ,
           but
           not
           one
           word
           therein
           of
           the
           Sheriff's
           presiding
           ;
           as
           to
           which
           Instrument
           ,
           besides
           what
           has
           been
           said
           as
           to
           the
           Legality
           and
           Necessity
           of
           making
           up
           the
           Rolls
           ,
           before
           a
           Praeses
           were
           chosen
           ,
           and
           as
           to
           all
           the
           Barons
           acquiescing
           to
           that
           procedure
           ,
           no
           regard
           can
           be
           had
           to
           that
           pretended
           Instrument
           ,
           For.
           
        
         
           1
           mo
           .
           This
           Instrument
           is
           not
           taken
           in
           the
           Clerk
           of
           the
           Meeting
           's
           hand
           ,
           as
           it
           ought
           to
           have
           been
           ;
           and
           in
           any
           other
           Notar's
           hand
           ,
           only
           in
           case
           of
           the
           Clerk's
           refusal
           ,
           conform
           to
           young
           Phisgall's
           Deposition
           .
        
         
           2
           do
           .
           There
           are
           not
           two
           concurring
           as
           to
           the
           Tenor
           of
           this
           Instrument
           ;
           the
           Instrument
           bears
           the
           same
           to
           have
           been
           taken
           against
           the
           several
           Barons
           therein
           mentioned
           ,
           yourg
           Phisgall
           the
           pretended
           Instrumentary
           Witness
           Depones
           it
           was
           against
           the
           Sheriff-Clerk
           ,
           and
           
             Alexander
             Camphel
          
           Depones
           it
           was
           against
           the
           Sheriff
           ,
           and
           tho
           all
           three
           had
           concurr'd
           their
           Testimonies
           are
           invalid
           ,
           for
           the
           reasons
           abovemention'd
           ,
           to
           prove
           against
           the
           Lairds
           of
           Garthland
           and
           
           Carrichtrie's
           Depositions
           ,
           in
           which
           they
           Depone
           that
           they
           never
           heard
           of
           any
           such
           Instrument
           ,
           and
           yet
           the
           Instrument
           bears
           the
           same
           to
           have
           been
           taken
           against
           these
           two
           Gentlemen
           Expresly
           .
        
         
           But
           tho
           the
           Instrument
           ,
           as
           it
           is
           conceived
           ,
           were
           proven
           ,
           this
           not
           being
           against
           the
           Sheriff's
           presiding
           ,
           and
           the
           Law
           providing
           ,
           that
           no
           Objections
           shall
           be
           received
           ,
           but
           what
           is
           made
           at
           the
           Election
           ,
           there
           can
           be
           no
           ground
           to
           found
           now
           upon
           the
           Sheriff's
           presiding
           ;
           But
           the
           Truth
           is
           ,
           the
           Sheriff
           did
           not
           preside
           any
           further
           ,
           than
           that
           he
           did
           administer
           the
           Oaths
           .
           
             Alexander
             Campbel
          
           and
           young
           Phisgall
           have
           indeed
           Deponed
           ,
           That
           he
           did
           preside
           ,
           and
           young
           Phisgall
           assigns
           the
           manner
           of
           his
           presiding
           to
           have
           been
           by
           receiving
           the
           Objections
           ,
           which
           all
           the
           World
           knows
           to
           belong
           to
           the
           Clerk
           :
           But
           the
           Instrument
           it self
           mentioning
           nothing
           of
           it
           ,
           with
           
           Crawfurdstoun's
           Deposition
           ,
           who
           ,
           in
           Answer
           to
           
           Castle-Stewart's
           second
           Interrogatory
           upon
           that
           very
           head
           ,
           Depones
           ,
           
             That
             the
             Barons
             continued
             as
             they
             were
             ,
          
           sufficiently
           takes
           off
           their
           Depositions
           ;
           For
           if
           he
           could
           have
           said
           the
           Sheriff
           presided
           ,
           it
           is
           evident
           ,
           that
           he
           would
           have
           Answered
           in
           the
           Terms
           of
           the
           Interrogatory
           .
           And
           in
           Answer
           to
           the
           sixth
           Interrogatory
           ,
           where
           being
           Interrogated
           ,
           
             If
             the
             Barons
             desired
             the
             Lords
             to
             come
             in
             ,
             to
             Advise
             with
             them
             ,
             whether
             the
             Sheriff
             had
             Right
             to
             preside
             .
          
           He
           Answers
           ,
           
             That
             some
             Baron
             whisper'd
             ,
             they
             would
             be
             run
             down
             ,
             unless
             the
             Noblemen
             returned
             to
             see
             a
             Praeses
             chosen
             but
             that
             he
             knew
             no
             more
             of
             that
             Interrogatory
             ,
          
           which
           is
           positive
           ,
           that
           the
           Sheriff
           did
           not
           preside
           .
        
         
           As
           to
           the
           Lords
           being
           called
           ,
           young
           Phisgall
           only
           Depones
           it
           ,
           and
           it
           is
           evident
           ,
           he
           must
           have
           been
           in
           two
           places
           at
           once
           ,
           to
           have
           known
           so
           much
           .
        
         
           As
           to
           the
           Call's
           being
           from
           the
           Plurality
           ,
           the
           Instrument
           indeed
           bears
           it
           ;
           but
           Crawfurdstoun
           contradicts
           his
           own
           Instrement
           ,
           in
           his
           Answer
           to
           Lord
           
           Basil's
           second
           Interrogatory
           ,
           when
           first
           Examined
           ,
           wherein
           he
           Depones
           ,
           
             He
             did
             not
             hear
             all
             that
             subscribed
             the
             Lords
             Instrument
             move
             ,
             that
             the
             Lords
             should
             be
             call'd
             in
             :
          
           And
           it
           is
           evident
           from
           the
           Instrument
           ,
           That
           if
           but
           one
           did
           not
           move
           it
           ,
           the
           Plurality
           did
           not
           make
           the
           Motion
           ,
           and
           this
           alone
           ,
           were
           there
           no
           more
           ,
           is
           enough
           to
           discredit
           the
           Instrument
           .
           It
           is
           true
           indeed
           ,
           there
           is
           Proof
           ,
           That
           the
           Plurality
           ,
           after
           the
           Lords
           were
           with
           them
           ,
           own'd
           they
           had
           call'd
           the
           Lords
           ,
           and
           this
           is
           what
           Lord
           Basil
           complains
           of
           that
           they
           should
           be
           thus
           influenced
           by
           the
           Lords
           .
        
         
           As
           to
           the
           Lords
           being
           call'd
           in
           for
           Advice
           ,
           there
           's
           
             no
             one
             who
             heard
          
           this
           so
           much
           as
           mention'd
           amongst
           the
           Barons
           ,
           save
           the
           never-failing
           
             Phisgall
             ,
             Crawfurdstoun
          
           ,
           and
           
             Alexander
             Campbel
          
           ,
           and
           Lord
           
           Basil's
           Witnesses
           heard
           nothing
           of
           it
           :
           The
           Instrument
           assigns
           another
           Reason
           ,
           and
           the
           Lords
           in
           their
           Instrument
           do
           not
           mention
           this
           .
           For
           taking
           off
           the
           Nullity
           of
           
           Crawfurdstoun's
           Officiating
           as
           Clerk
           young
           Phisgall
           Depones
           ,
           
             That
             he
             did
             nothing
             as
             Clerk
             ,
             but
             call'd
             the
             Rolls
             who
             should
             be
             Commissioner
             ,
             and
             marked
             the
             Votes
             .
          
           But
           he
           forgets
           ,
           that
           he
           himself
           signs
           Witness
           to
           the
           Instrument
           ,
           which
           Castle-Stewart
           took
           in
           
           Crawfurdstoun's
           hand
           ,
           upon
           his
           being
           Elected
           Commissioner
           ,
           which
           〈◊〉
           only
           be
           taken
           in
           the
           hands
           of
           the
           Clerk
           to
           the
           Election
           .
        
         
           Tho
           the
           Witnesses
           adduced
           for
           Castle-Stewart
           prove
           not
           what
           they
           were
           adduced
           for
           ,
           which
           all
           things
           considered
           ,
           cannot
           choose
           but
           be
           〈◊〉
           of
           Admiration
           ;
           Yet
           they
           prove
           sufficiently
           ,
           the
           previous
           Design
           of
           hindering
           Lord
           Basil
           from
           being
           Elected
           whatever
           it
           should
           cost
           as
           well
           as
           the
           Methods
           taken
           for
           that
           Effect
           .
           And
           besides
           what
           may
           be
           seen
           from
           what
           is
           already
           said
           ,
           This
           Master
           of
           Stairs
           Depones
           ,
           
             That
             he
             was
             several
             times
             betwixt
             the
             Outter
             and
             Inner
             Door
             ,
          
           and
           about
           the
           time
           ,
           he
           Depones
           ,
           he
           saw
           Sir
           
             Charles
             Hay
          
           and
           others
           ,
           it
           is
           Deponed
           ,
           old
           Phisgal
           should
           have
           taken
           that
           Instrument
           ;
           but
           the
           Common
           Souldiers
           only
           whispering
           it
           ,
           and
           it
           seems
           in
           
           Crawfurdstoun's
           Ear
           ,
           and
           not
           following
           the
           Orders
           as
           they
           were
           given
           ,
           the
           Advisers
           without
           Doors
           began
           to
           see
           that
           their
           presence
           was
           necessary
           ;
           upon
           which
           ,
           it
           was
           whispered
           amongst
           the
           Barons
           at
           the
           Foot
           of
           the
           Table
           ,
           (
           as
           Crawfurdstoun
           Depones
           in
           Answer
           to
           
           Castle-Stewart's
           fourth
           interrogatory
           .
           )
           
             That
             they
             would
             be
             run
             down
             ,
             unless
             the
             Lords
             were
             sent
             for
             .
          
           And
           by
           what
           the
           Master
           of
           Stairs
           further
           Depones
           ,
           it
           is
           evident
           ,
           that
           he
           was
           then
           in
           the
           Tolbooth
           ;
           so
           he
           Depones
           positively
           as
           to
           the
           two
           Barons
           that
           came
           out
           ,
           but
           only
           upon
           Hear-say
           ,
           as
           to
           what
           they
           told
           the
           Lords
           .
           Yet
           he
           goes
           in
           to
           the
           Meeting
           with
           the
           Lords
           ,
           who
           went
           in
           as
           soon
           as
           the
           Motion
           was
           made
           for
           th●●
           being
           called
           ,
           as
           appears
           by
           
           Crawfurdstoun's
           Instrument
           ,
           and
           his
           Oath
           in
           Answer
           to
           
           Castle-Stewart's
           fourth
           Interrogatory
           ,
           whereon
           he
           Depones
           ,
           
             That
             he
             had
             set
             down
             all
             in
             his
             Instrument
             in
             order
             ,
             as
             they
             were
             done
             in
             the
             Meeting
             ,
          
           and
           he
           mentions
           nothing
           in
           his
           Instrument
           to
           have
           been
           done
           betwixt
           the
           Motion
           for
           the
           Lords
           being
           called
           ,
           and
           their
           in
           coming
           .
        
         
           From
           all
           which
           Premisses
           ,
           it
           being
           most
           evident
           ,
           That
           ,
           through
           the
           whole
           Course
           of
           this
           Affair
           ,
           there
           has
           appear'd
           more
           of
           premeditate
           Design
           ,
           to
           obstruct
           Lord
           Basil
           Hamilton's
           Election
           ,
           than
           of
           any
           Hopes
           of
           getting
           
             Castle
             Stewart
          
           chosen
           ;
           That
           all
           the
           Groundless
           Amusements
           ,
           about
           the
           Sheriff's
           pretended
           Encroachment
           ,
           could
           not
           possibly
           have
           the
           least
           Influence
           ,
           so
           as
           to
           infer
           a
           Nullity
           on
           Lord
           
           Basil's
           Election
           ,
           but
           were
           super-induced
           only
           ,
           to
           wave
           and
           alleviate
           those
           manifest
           and
           undeniable
           Encroachments
           that
           have
           been
           made
           by
           the
           Lords
           and
           Master
           of
           Stairs
           ,
           on
           the
           Barons
           Freedom
           of
           Election
           ;
           That
           the
           Witnesses
           adduced
           for
           Castle-Stewart
           do
           not
           only
           contradict
           one
           another
           ,
           but
           do
           also
           contradict
           themselves
           〈…〉
           ,
           That
           
           Crawfurdstoun's
           pretended
           Historical
           Instrument
           is
           a
           continued
           Rapsody
           of
           falshoods
           Inconsistencies
           &
           Contradictions
           ;
           That
           the
           Witnesses
           adduced
           for
           Lord
           Basil
           are
           Gentlemen
           of
           unquestionable
           Honour
           and
           Probity
           ,
           all
           agreeing
           in
           what
           they
           Depone
           :
           And
           Depones
           nothing
           but
           what
           is
           confirmed
           even
           by
           all
           that
           's
           adduced
           for
           Castle-Stewart
           :
           And
           the
           Lords
           Encroachments
           being
           of
           most
           dangerous
           Consequence
           to
           the
           Freedom
           of
           all
           the
           Barons
           and
           Burrows
           in
           the
           Nation
           ,
           it
           cannot
           be
           doubred
           ,
           but
           that
           the
           Parliament
           will
           take
           the
           same
           into
           their
           Consideration
           ,
           and
           according
           to
           Justice
           ,
           not
           only
           admit
           of
           Lord
           
           Basil's
           Commission
           ,
           but
           also
           fall
           upon
           such
           Methods
           ,
           as
           may
           prevent
           the
           like
           Encroachments
           for
           the
           future
           .
        
      
    
     
  

