INFORMATION
,
For
Mr.
William
Erskine
Brother
to
my
Lord
Cardross
,
Against
The
Earl
of
Tweddale
Lord
High
Chancellor
.
THere
having
in
the
beginning
of
February
1689
,
a
Whale
come
a
Shore
at
the
Lime-kilns
,
within
the
Regality
of
Dumfermling
,
the
said
Mr.
William
as
having
Commission
from
the
Marquiss
of
Athole
Lord
Vice-Admiral
of
this
Kingdom
,
did
cause
secure
that
great
Fish
,
and
put
her
to
a
publick
and
judicial
Roup
,
after
publick
Intimation
in
the
usual
Form
,
and
several
Merchants
in
Edinburgh
and
others
,
having
come
and
offered
at
the
Roup
,
John
Fotheringham
in
Culross
,
did
at
last
offer
500
Merks
for
the
Fish
,
and
his
offer
being
the
greatest
,
the
Fish
was
judicially
sold
and
rouped
to
him
,
for
the
said
Sum
of
500
Merks
.
The
Earl
of
Tweddale
pretending
Right
to
the
Office
of
Admirality
,
and
Profits
thereof
within
the
Bounds
of
the
Regality
of
Dumfermling
,
by
vertue
of
expired
Apprysings
against
the
Deceast
Earl
of
Dumfermling
,
and
publick
Infeftments
following
thereupon
,
did
about
two
days
after
the
said
judicial
Roup
,
made
by
Mr.
William
Erskine
,
send
over
Mr.
John
Buchannan
with
a
special
Commission
,
to
make
a
new
Roup
of
the
said
Fish
,
and
accordingly
she
was
rouped
and
sold
by
him
to
James
Campbel
for
650
Merks
;
but
notwithstanding
of
the
said
second
Roup
,
Mr.
William
Erskine
and
George
Fotheringham
to
whom
the
Fish
was
Disponed
by
Mr.
William
Erskine
retained
the
Possession
,
and
the
Earl
of
Tweddale
and
Mr.
Campbel
having
pursued
Mr.
William
Ersktne
before
the
Privy
Council
as
guilty
of
a
Riot
,
in
retaining
the
Fish
,
the
Lords
of
Privy
Council
after
advising
of
the
Probation
taken
thereanent
,
did
assoilzie
from
the
Riot
,
and
did
remit
the
Point
of
Right
to
be
summarly
discussed
before
the
Lords
of
Session
.
The
Process
being
called
in
presentia
,
the
Earl
of
Tweddale
produced
a
Charter
under
the
great
Seal
in
anno
1637
,
granted
by
King
Charles
the
first
,
to
the
Earl
of
Dumfermling
of
the
Erected
Lordship
of
Dumfermling
,
with
the
Office
of
Admirality
within
the
Bounds
thereof
,
whole
Profits
and
Emoluments
belonging
to
the
said
Office
,
with
his
own
Infeftment
under
the
great
Seal
,
upon
an
expired
Comprysing
against
the
Earl
of
Dumfermling
,
and
a
Summons
of
Declarator
;
and
craved
,
that
his
Right
might
be
declared
conform
thereunto
,
and
that
he
might
be
preferred
to
the
F●th
contraverted
;
as
having
come
in
within
the
Bounds
contained
in
his
saids
Infeftments
,
because
albeit
the
Dukes
of
Lennox
had
formerly
the
Right
of
Admirality
over
all
the
Kingdom
,
yet
they
were
Denuded
of
the
Right
thereof
in
favours
of
Queen
Anna
,
to
whom
King
Charles
the
first
was
served
Heir
,
as
to
the
Office
and
Perquisits
thereof
,
within
the
Bounds
of
the
Regality
of
Dumfermling
,
and
that
King
Charles
the
first
being
by
his
Charter
in
anno
1637
,
Denuded
of
the
Right
thereof
in
favours
of
the
Earl
of
Dumfermling
,
the
Earl
of
Tweddale
upon
his
expired
Comprysing
,
had
Right
to
the
said
Office
of
Admirality
and
Perquisits
thereof
.
It
was
answered
for
Mr.
William
Erskine
,
that
the
Earl
of
Tweddale
could
never
be
heard
,
to
crave
preference
upon
the
account
of
the
Charter
,
granted
by
King
Charles
the
first
to
the
Earl
of
Dumfermling
,
nor
could
his
Declarator
be
sustained
,
because
King
Charles
the
first
who
granted
the
said
Charter
,
and
his
Predecessors
,
were
long
before
the
date
thereof
,
Denuded
in
favours
of
the
Dukes
of
Lennox
,
who
for
many
Generations
by
past
are
known
by
their
antient
Rights
and
Infeftments
,
to
have
possessed
and
enjoyed
the
Office
,
Profits
,
and
Emoluments
of
the
Admirality
over
all
the
Kingdom
.
2.
It
is
clear
by
the
Extract
of
a
Letter
out
of
the
Registers
of
Exchequer
,
that
King
Charles
the
first
had
Denuded
himself
of
the
Right
of
Admirality
over
all
the
Kingdom
,
in
favours
of
the
Dukes
of
Lennox
,
before
the
date
of
that
Letter
which
was
in
anno
1628.
3.
The
said
King
Charles
the
first
,
did
in
anno
1627
grant
a
Commission
to
the
Earl
of
Linlithgow
,
to
exerce
the
Office
of
Admirality
,
during
the
Minority
of
the
Duke
of
Lennox
,
and
to
be
Comptable
to
the
Duke
,
as
sole
High
Admiral
over
all
the
Kingdom
,
for
the
Perquisits
,
Profits
,
and
Emoluments
of
the
same
.
4.
In
the
Parliament
1633
,
where
King
Charles
the
first
was
personally
present
,
the
Duke
of
Lennox
,
and
his
Heirs
Right
to
be
High
Admiral
over
all
the
Kingdom
,
without
any
Exception
or
Reservation
,
is
in
most
ample
and
comprehensive
Terms
affirmed
and
declared
,
by
King
Charles
the
first
himself
,
and
the
three
Estates
,
and
all
prior
Grants
and
Infeftments
past
and
expede
before
that
time
,
which
might
any
ways
derogat
from
,
or
prejudge
the
Duke
of
Lennox
absolute
Right
of
Admirality
,
are
expresly
rescinded
and
annulled
.
5.
In
the
same
Parliament
,
and
before
the
date
of
that
Act
,
there
is
likwise
a
Commission
granted
to
several
Noblemen
and
Gentlemen
,
to
take
special
Tryal
and
Enquiry
,
anent
any
Incroachments
,
made
upon
the
Duke
of
Lennox
his
said
Right
and
Office
of
Admirality
,
&
to
report
the
same
either
to
the
Parliament
or
Privy
Council
,
to
the
effect
,
the
Duke
of
Lennox
might
be
reponed
there-against
,
and
they
rescinded
and
annulled
.
6.
The
Charter
granted
to
the
Earl
of
Dumfermling
in
anno
1637
,
was
unwarrantably
expede
,
not
being
revised
or
approven
of
,
by
the
Earl
of
Linlithgow
,
contrait
to
the
Kings
express
Warrant
and
Command
,
contained
in
his
Letter
,
dated
in
anno
1628
,
Registrat
in
Exchequer
,
and
the
same
was
à
non
habente
potestatem
,
the
King
being
formerly
Denuded
as
said
is
.
7.
Conform
to
these
Rights
and
Infeftments
,
the
Dukes
of
Lennox
and
their
Deputs
,
have
been
in
Immemorial
Possession
of
that
Office
,
and
uplifting
the
Profits
and
Perquisits
thereto
belonging
,
over
all
the
Kingdom
past
all
Memory
.
It
was
Replyed
for
the
Earl
of
Tweddale
,
that
his
Right
ought
to
be
declared
,
conform
to
his
own
and
the
Deceast
Earl
of
Dumfermling
their
Charters
,
under
the
great
Seal
above
narrated
,
notwithstanding
of
the
grounds
above-represented
for
Mr.
William
Erskine
,
because
the
Duke
of
Lennox
being
Denuded
in
favours
of
Queen
Anna
,
and
King
Charles
the
first
having
Succeeded
to
her
Jure
privato
,
the
Charter
granted
by
him
to
the
Earls
of
Dumfrmling
in
anno
1637
,
containing
a
Novo
Damus
in
ample
Form
,
did
Denude
the
King
of
the
Right
and
Office
of
Admirality
,
within
he
Bounds
of
the
Regality
of
Dumfermling
,
in
favours
of
the
said
Earl
,
and
gave
him
Right
to
the
Disposition
granted
by
the
Duke
of
Lennox
,
in
favours
of
Queen
Anna
.
2.
No
respect
can
be
had
to
the
Extract
of
the
Kings
Letter
out
of
the
Exchequers
Books
in
anno
1628
,
because
the
said
Letter
makes
mention
of
,
and
relates
to
a
Signature
which
is
not
produced
,
&
non
constat
,
if
ever
any
such
Signature
was
ever
granted
or
expede
.
3.
The
Act
of
Parliament
in
anno
1633
alledged
upon
,
is
allenarly
a
private
Act
,
and
cannot
prejudge
the
Earl
of
Tweddales
Right
,
there
being
nothing
in
that
Act
deductum
or
tractatum
anent
the
Office
of
Admirality
,
within
the
Bo●nds
of
the
Regality
of
Dumfermling
,
and
the
same
is
only
a
Ratification
of
such
Rights
,
as
the
Dukes
of
Lennox
had
then
in
their
persons
at
the
time
;
and
albeit
the
said
Act
had
made
express
mention
of
the
Office
of
Admirality
,
within
the
Bounds
of
the
Regality
of
Dumfermling
,
yet
the
same
falls
under
the
Act
Salvo
jure
past
in
that
Parliament
,
and
repeated
the
Decision
betwixt
the
Duke
of
Lauderdale
and
the
Viscount
of
Oxenfoord
,
and
the
said
Act
could
never
annul
the
Right
of
the
Admirality
within
that
Bounds
,
competent
to
the
King
Jure
privato
;
and
albeit
the
said
Act
be
Statutory
,
annulling
all
Rights
granted
by
King
or
Parliament
,
in
prejudice
of
the
Dukes
,
yet
it
could
never
be
understood
to
annul
Rights
granted
by
the
Duke
himself
.
4.
The
Charter
granted
to
the
Earl
of
Dumfermling
in
anno
1637
,
containing
a
Novo
Damus
in
ample
form
as
said
is
,
was
a
Countermand
and
an
express
Revocation
of
the
Letter
,
written
by
the
King
to
the
Exchequer
in
anno
1628.
5.
The
Earl
of
Tweddale
and
his
Deputs
have
been
in
Possession
of
that
Office
,
by
holding
of
Courts
of
Admirality
,
and
Adjudging
Ships
as
Prize
,
&c.
It
was
Duplyed
for
Mr.
William
Erskine
,
that
the
former
Grounds
of
Preference
alledged
for
him
were
repeated
and
oponned
,
and
which
stood
relevant
,
notwithstanding
of
the
Replyes
.
Because
1.
by
the
Commission
granted
to
the
Earl
of
Linlithgow
in
anno
1627
,
and
the
Kings
Letter
in
anno
1628
,
and
the
Commission
granted
to
the
Noblemen
and
Gentlemen
by
the
Parliamen
in
anno
1633
,
for
enquiring
into
the
Incroachments
made
upon
the
Office
of
Admirality
,
and
the
foresaid
Act
made
in
the
same
Parliament
following
thereupon
,
the
deliberate
and
forward
Resolution
,
&
enixa
voluntas
of
King
Charles
the
First
,
to
have
the
Office
of
High
Admiral
,
with
the
Priviledges
and
Emoluments
thereto
belonging
,
Heretably
setled
and
secured
in
the
Family
of
Lennox
,
from
which
his
Majesty
was
descended
,
in
the
most
honourable
and
ample
manner
,
is
clear
and
evident
;
and
that
Office
being
one
of
the
first
and
most
honourable
Offices
in
the
Kingdom
,
it
is
of
its
own
nature
inseparable
and
indivisible
;
and
it
is
against
the
honour
and
reputation
of
the
King
and
Kingdom
,
that
it
should
be
sparpled
and
divided
.
And
albeit
the
Lord
High
Admiral
may
constitute
Deputs
for
several
Precincts
,
yet
it
was
never
heard
of
in
any
Nation
,
that
such
a
high
Office
,
was
,
or
could
be
sparpled
,
or
divided
,
so
as
any
privat
person
could
exerse
and
enjoy
the
same
as
a
Soveraign
Right
,
independent
of
the
High
Admiral
;
and
the
Right
which
the
Earl
of
Tweddale
pretends
to
,
is
als
absolute
and
independent
as
the
Duke
of
Lennox
own
Right
;
and
if
such
a
preparative
should
be
sustained
,
the
honourable
Offices
of
High
Admiral
,
Constable
,
Marischal
,
Great
Steward
,
and
High
Chamberlain
of
the
Kingdom
,
might
in
process
of
time
by
being
so
sparpled
and
divided
,
become
absolutely
extinct
,
or
otherways
rendred
contemptible
and
insignificant
.
2.
The
Kings
Letter
being
only
in
relation
to
the
Admirality
,
to
which
the
King
had
no
pretence
jure
coronae
,
but
jure
privato
,
as
Heir
to
his
Mother
Queen
Anna
,
his
Majesties
assertion
in
that
Letter
,
that
he
had
formerly
disponned
the
Office
of
Admirality
over
all
the
Kingdom
to
the
Duke
of
Lennox
,
was
equivalent
to
a
formal
Disposition
extended
,
and
was
a
sufficient
Obligation
against
the
King
tanquam
privatus
,
whereupon
the
Duke
of
Lennox
might
have
forced
him
to
dispone
.
3.
In
the
foresaids
two
Commissions
under
the
Kings
Hand
,
his
Majesty
declares
,
acknowledges
,
and
asserts
the
Duke
of
Lennox
Right
of
Admirality
over
all
the
K
ngdom
,
without
exception
;
and
which
per
se
,
were
sufficient
to
debar
the
King
jure
privato
from
quarrelling
the
Duke
of
Lennox
Right
to
the
same
in
all
time
thereafter
.
4.
It
is
an
absolute
mistake
that
the
Act
of
Parliament
1633
,
founded
upon
,
is
only
a
Ratification
of
the
Duke
of
Lennox
former
Rights
,
because
the
said
Act
is
not
only
in
the
terms
of
a
positive
Law
,
bearing
these
words
,
Statutes
and
Ordains
;
by
which
the
Duke
of
Lennox
Right
is
by
the
King
himself
,
personally
present
,
and
whole
Estates
,
acknowledged
,
asserted
,
and
affirmed
as
High
Admiral
over
all
the
Kingdom
,
without
exception
;
but
the
whole
tenor
thereof
demonst●ats
to
conviction
,
that
the
design
thereof
was
to
have
the
Duke
of
Lennox
and
his
Heirs
,
restated
,
and
reinsta●led
in
the
Office
of
Admirality
over
all
the
Kingdom
,
without
exception
of
any
part
or
place
,
in
the
most
honourable
and
most
ample
and
comprehensive
manner
that
could
be
devised
;
all
and
whatsomever
Rights
,
Grants
,
or
Confirmations
which
might
any
ways
prejudge
or
incroach
upon
the
said
Office
,
being
thereby
expresly
Rescinded
and
Annulled
.
And
as
it
is
evident
from
what
is
formerly
represented
,
that
King
Charles
the
First
was
fully
Denuded
of
all
Right
or
Pretence
he
had
to
that
Office
jure
privato
,
in
favours
of
the
Duke
of
Lennox
,
so
his
Majesty
being
present
,
and
consenting
to
that
Act
of
Parliament
,
was
a
new
passing
from
,
and
renuncing
of
all
pretence
of
privat
Right
competent
to
his
Majesties
in
the
Dukes
favours
.
5.
The
Act
Salvo
jure
in
the
Parliament
1633
,
is
likewise
oponned
,
wherein
there
is
only
a
Salvo
,
and
Reservation
in
favours
of
the
King
and
his
Successors
,
in
relation
to
any
prejudice
they
might
sustain
anent
several
particulars
contained
in
that
Act.
and
under
none
of
which
the
Kings
Pretences
to
the
Admirality
jure
privato
,
can
by
any
Stretch
whatsomever
be
understood
to
be
comprehended
;
and
the
Earl
of
Dumfermling's
Right
being
dated
four
years
after
the
Act
of
Parliament
,
made
in
favours
of
the
Duke
of
Lennox
,
in
the
year
1633
,
the
Earl
of
Tweddale
hath
no
interest
to
found
upon
the
Act
Salvo
,
past
in
that
Parliament
,
6.
By
the
16th
Act
of
the
Parliament
1681
,
the
High
Admiral
is
expresly
appointed
to
be
the
Kings
Lieutenant
,
and
Justice
General●
upon
the
Seas
,
and
in
all
Ports
,
Harbours
,
or
Creiks
of
the
same
,
and
upon
fresh
Waters
,
and
Navigable
Rivers
below
the
first
Bridge
;
and
appointed
to
have
the
sole
Priviledge
and
Jurisdiction
in
all
Maritime
and
Seafaring
Causes
,
als
well
▪
Civil
as
Criminal
,
and
over
all
persons
within
the
Realm
;
Discharging
all
other
persons
whatsomever
to
meddle
with
,
or
pretend
Right
to
the
same
:
And
which
last
Act
per
se
,
is
a
Renovation
of
the
High
Admirals
Right
,
and
which
being
conjoyned
with
the
former
Rights
and
Acts
of
Parliament
,
in
favours
of
the
Dukes
of
Lennox
,
as
High
Admiral
,
doth
absolutly
evacuat
all
shadow
of
Right
and
Pretence
that
the
Earl
of
Tweddale
as
Compryser
of
the
Earl
of
Dumfermling's
Estate
,
can
pretend
to
the
Office
of
Admirality
,
within
the
Bounds
of
the
Regality
of
Dumfermling
,
or
any
where
else
,
within
the
Kingdom
.
7.
The
Earl
of
Dumfermling's
Charter
in
anno
1637
,
being
only
a
Charter
passing
in
course
,
under
the
Kings
Hand
,
as
King
,
can
never
be
interpret
a
Countermand
or
Revocation
of
the
Kings
Letter
written
to
the
Exehquer
in
anno
1628
,
in
favours
of
the
Duke
of
Lennox
,
unless
the
said
Letter
had
been
mentioned
in
the
Signature
,
but
must
still
be
understood
to
have
been
impetrat
per
obreptionem
,
and
unwarrantably
expede
,
contrair
to
the
Kings
express
Command
;
and
if
the
King
had
not
been
Denuded
of
the
Right
he
had
jure
privato
,
as
Heir
to
his
Mother
,
before
that
time
,
as
he
truly
was
Denuded
thereof
,
in
favours
of
the
Duke
of
Lennox
,
many
years
before
the
year
1637
,
the
said
Signature
mentioning
nothing
of
the
Kings
privat
Right
,
but
only
passing
in
course
,
could
never
have
been
extended
to
the
Kings
privat
Right
:
And
albeit
that
Charter
bears
a
Confirmation
of
the
Disposition
,
alledged
made
by
the
Duke
of
Lennox
,
in
favours
of
Queen
Anna
,
yet
the
said
Disposition
is
not
produced
,
nor
was
it
ever
Ratified
or
Confirmed
in
Parliament
before
King
Charles
the
First
became
absolutly
Denuded
in
favours
of
the
●…