the Tower are to containow there till winter. The Earl of Sunderland writs to the Advocat next post about proceeding against the prisoners who have been guilty of contumacy or have not come in on the severall citations; and Mr. Secretarie Boyle writs to him to make examination of these guilty in the tumult at Elgin, and to the Earle of Leven to remove the guards from the city of Edinburgh if it be desired.

THE EARL OF MAR to SIR DAVID NAIṚNE.

1708, July 8. Edinburgh.-To-night about seven a clock your pacquet arrived with the agreeable and glorious news which gave us a great deale of pleasure. I sent immediatly for the provost and communicated yours to him, and he ordered the bells to be rung, and my Lord Leven three rounds of the guns from the Castle; so that was the first way that the toun knew the news, which was a very agreeable surprise to all honest men. We will long for the particulars, and I hope every post will bring us now some further good news. Copy.

THE EARL OF MAR to the EARL OF LEVEN.

1708, July 15. Darlington.-I was very sorrie I did not sce Auchterhouse when at Edinburgh, for I hear that he sayes the Earl of Sun- d told him that it was your Lordship who informed of the prisoners from Scotland, and that I gave in the list of them to be brought up. If this be true his Lordship has sail'd pritty near the wind, and had he gone on step further it had been a downright falshood. I shou'd be mighty glad to know certainly how Auchterhouse tels this storie, for it wou'd be of great use both to your Lordship and me; so I beg you may on way or other find it out, which I believe will be no hard matter, for I'm told he makes no secret of it. I'm apt to believe the story because the substance of it is something like the truth, tho' told with a malicious false turn. Your Lordship knowes you was ordered with some others to give account of the circumstances of the prisoners. In that account your Lordship referred to us at London to give ane account of those who had applyed to us, so I being in waiting was ordered to draw out ane account of the circumstances and conditions of them all in order to respitt their comming up. This I did as favourably as I cou'd, and upon it, as your Lordship knowes, I was ordered by the Queen to write to your Lordship to respitt the sending of them all except a few of Highland chieftans. The first sett being sent off long before this it was thought by the Councill that they cou'd not be stopt, else I believe most of them had been respitted too. As ill lucke would have it 'twas long befor a Councill cou'd be gott to lay this matter before them, tho' I and the Queen's other Scots servants endeavoured it all we cou'd; and after the respitting orders were given I sent them immediatly by a flying packet,

but notwithstanding they came too late, for which I was very sorrie. But as soon as I knew that the prisoners were sent off before these orders arrived at Edinburgh I wrote back to London (being then on the road) begging that they might yet be stopt; and when I found that was not like to be done, I and severall others of the Queen's Scots servants wrote earnestly that they might not be brought into London with guards nor putt up in prisons, and that the Queen wou'd be pleased to admitt them to baile. All which they know was very soon comply'd with. This being the true and literal matter of fact, let any body consider whither or not that aspersion so maliciously throwen upon us of our being the cause of bringing up the prisoners be true. It is hard that when we were doing all we cou'd to gett them respited that they shou'd believe us the authors of their comming up, on storries told by halves by people to excuse themselves. Copy.

SIR DAVID NAIRNE to the EARL OF MAR.

1708, July 17. Windsor.-Yeasterday the Queen signed the Earle of Glasgow's commission for the Register's Office, but with the old sallary of £444 16s. 8d. I told her Majesty that considering the want of Parliaments the place was of much less value than formerly, and besides they who had were often judges or had other imployments, soe that I hopt her Majesty would consider it. My Lord Treasurer sayes the augmentation of sallarys will certainly make a greater noise than any thing else, so he was against any augmentation in that cace. Mr. Carstairs, Mr. Stirling, and Mr. Bailie were to congratulat the Queen this day on the late victory and to desire a day of publick thanksgiving may be appointed. The Queen agrees to it, and the morrow it is to be adjusted in Councill. your Lordship's of the 11th from Dunbarr.

LORD GRANGE to his brother, the EARL OF MAR.

I had

1708, August 3. Edinburgh.-A very undecent thing then happened amongst us which makes a great outcry here and probably will do at London, and therefor I shall give you a faithfull account of it. Several points of Sir Patrick's cause were to be advised, and particularly a bill of Sir Patrick's reclaiming against a former interloquitor and Sir Robert's answers to that bill. In these answers there were some harsh expressions of which some of the lords took notice and desired that the answers might be reformed before we proceeded to advise, and the Advocat (it was Sir David Dalrymple) who drew them censured. This last was not so much insisted on, but the first was contended for with great heat, and instances. of the practice of the Bench in like cases urged on both sides. I have seen the Bench superceed advising the cause till such expressions were rectifyed, when the cause might admit of a

delay without hurt to the partys or the publick; but if the cause seemed to call for a speedy decision, especially about the end of a session, I have seen the Bench proceed to the cause immediately, notwithstanding of undecent expressions in any paper, which they might afterwards censure as they thought fit. When those who were for rectyfying Sir Robert's answers, before advising the cause, saw that the plurality of the lords seemed to differ from them, and therefor that they would be overruled, severals of them got up from the Bench in passion; and when the President and others begged them to considder the gravity and decency required of judges in such a court, all the answer they made was that they knew no law oblidging them to meet in the afternon at all, nor to sit any longer than they pleased when they did meet at such a time; and so away they went. I need not trouble you with saying anything as to this answer, which was as weak as their cariage was unseemly. There remained a quorum still, and they endeavoured to take as litle notice as possible of their brethren's withdrawing and so would have gently passt it over, and were going to proceed to business; but then Forglan thought fit to rise, and tho' the President and others begged him not to break the quorum, and urged that so strange a thing had never been done in this court, which hitherto had been allways in reputation, yet away he flung allso. The cariage of those who went off first was certainly very bad, but to break the quorum was indeed a note above Ela. Next forenoon the same debate was resumed, and tho' my Lord Fountainhall and I were appointed to revise the papers complained of and to score out the harsh expressions, and tho' the Dean of Faculty and Advocats were solemnly called in to the Inner House and certifyed how much the Bench was offended at such expressions and warned to be more cautious for the future under all highest pain, yet it was still urged that the advising of the cause might be delayed; but a vote at length ended this debate, which had been manadged so litle for the honor of the Bench. certain that some of the lords who rose are far supperior to me and to others who sat still likewise, but in this particular they failed grossly. I am extreamly aflicted that so unbecomeing a thing happened for the sake of the Bench and likewise for my own sake, for common fame is not so just as to blame only those who occasioned it; 'tis probable the cry will be against us all as a parcell of hot factious fellows who determine causes more by humor and picque than by law and equity, which is very hard upon them who were not guilty.

THE EARL OF MAR to the LORD PRESIDENT OF THE COURT OF SESSION.

1708, August 25. Whitehall.-He has presented the letters from the Lords of Sessions to the Queen and Lord Treasurer. She will certainly make good to them what she has promised.

The Lord Treasurer says it is controverted whether or not the appropriation of the revenue by the Union altered the right of the Lords of Session, so that until they sued for what was due to them and obtained a sentence in their favour, he did not see how he could give order for paying it. They will thus know what to do in respect of this and also of arrears.

THE EARL OF MAR to the DUKE OF ARGYLE.

1708, September 13. Tittenhanger. My Lord: I hope this will find your Grace well after your glorious seige, the success of which we long to hear of. I would have given you an account of our campaigne in Scotland had I not knowen that my Lord Islay wou'd doe it and much better than I cou'd. It appears not to be yett quyt over, for some lords are to apply to the House to have the election examined, so we are like to have a committy of contraverted elections, a very new thing in the House of Lords.

I wish this contraversie were less incouradged, for the consequences of such things may one time or other prove very bad. I shall always beleive untill I see the contrairie that the House of Lords will judge impartiallie, and then reallie I think our election will stand good notwithstanding of all the noice thats made about it. It were to be wisht if possible that all this cou'd be prevented in time comeing; it is indeed the greatest fla in the Union, tho' it cou'd not be done otherways at that time, and I'm affraid there will be more deficultys in rectifying it than some people are aware of, considering the disposition some people are now in. I can give your Grace very litle news from this side, for things seem to stand much as you left them, tho' before the Parliament perhaps they may take another shape. But goe as they will I hope your Grace and those you formerly allowed your friendship (of whom I'm proud to reckon myself one) will always be of a peice together.

Since I cam to England I was desired by some of your uncle James's friends to speak in his favours to the Queen and Treasurer of that affair your Grace spoke of to me last winter. The Duke of Queensberry and I did it with all the earnestness we cou'd, but the Queen wou'd not promise a remmission to him, but said she thought he shou'd be advertised that depending on it he might not come into England where he wou'd not be safe; and this I told his friend who spoke to me. When I spoke to the Treasurer he said the Queen wou'd not he knew promise to pardon him, but when the Parliament mett they wou'd see he was one of their members, and upon that wou'd doe what they judged fitt in that affair; and he thought your Grace ought to be advertised of this in time that you might know how to apply and act in it. So I thought it my duety to lett your Grace know what had past in that affair. I shall be very glade if ever it be in my power to be

of any use or service to your Grace or any of your friends, and I hope when anything of that kind offers you will lay your commands upon me.

LIEUTENANT WILLIAM NODDING to the EARL OF MAR.

1708, September 20. From the camp before Lille.-My Lord: Though I know your Lordship hath better information of the seige of Lille than I can give, yet know it my duty to give your Lordship the best account I can, especially when I have the honour of your Lordship's commands so to dow. I shall not pretend to give yow pertickler detaile of the dispositions in order to beseige this plaice or the difficulty we have had to get upon our amonishons, or what different attacts on chapels, windmilns, counterscarp and other outworks being thear, are not unknown to your Lordship; with the enimyes windings and turnings, marches and countermarches if posable to raise the seige, shall only acquant your Lordship how matters now stand. Hitherto it hath been a very bloody seige. The loss hath been very heavy on our regiment, haveing allready kild Lieut. Collonell Sharp, Lieutenant Stueard, Lieutenant Cambell; wounded Captains Montersoer, Fairely, and Monroe, as is two lieutenants; kild and wounded one hundred and thirty, besides our company of granadeers intierly shattered, haveing seaventeen kild and twenty-two wounded of them allrady. I had forgot Collonell Lalo wounded in the hand, and Lieutenant Weames dangerusly in the head. We are now in posestion of all the counterscarp tho' with the loss of much blood, it haveing stud three several attactes; likewise of a double tenail which covered the flank of the bastion, which was on the left or de Mayes attacque. Thear are two good breaches maid on the Corp de la place. Our ingeneers are busied in blowing up some part of the covered way and breaking down an entry to the fussie to facilitat matters for making bridges towards the breaches, which the enimy as tis said have dexterusly underminded and fortified not only behind but likewise have laid a vast pille of dry wood and other combustibles behind the breach to set fier to when they can defend it no longer. Its said they will stand a grand attacqe upon the breach, which we cannot undertake til wee be masters of Aravlen and Hornwork, which is stil in there possession and in our way to the breach. Thear outeworks are so large and numerus that whatever way we make our aproches, notwithstanding of all our boyous blinds and angles, we are alwayes flanked and our men very often kild both with small and cannon shot in the very bottom of the trench. The enimy haveing a very strong garrisson and defends vigerously hitherto have disputed inch be inch. Stil thear is a great dale to doe; however our generals if posable are designed to have it, cost what it will. Its generally beleved our ingeneers have been very much mistaken. We have just now got up six hundred waggons with ammanition from Ostend escorted by 12