Robb — Answers, 14 Dec 1765

December 14. 1765. A N S W E R S / F O R Robert Robb, Jo h n Brown, and William Boyter, Bailies; W alter Thoms on, Treasurer; Alexander Wedderburn, Esq; William Innes, Robert P eattie Robert Bisset, George Colvill, John Thomson, W illiam M iller, and Patrick Burn, Counsellors of the Borough of Anstruther-Wester for the curent year; T O T H E A P E T I T I O N and C O M P L A I N T of Ro- *. tt* bert Hunter, Land-surveyor of the Customs at Ans truther, and late Bailie of Anstruther-Wes ter William Thomson, Officer of the Customs, and al- so late Bailie there, Counsellors virtute officii of said Burgh for the current Year, and Jam es Boyter Wright, Burgess of Anstrue-W ad Counsellor of the said Borough last Year. T H E complaint now to be answered, in obedience to an order of Court, after reciting several clauses of the election-laws, seems to divide into two branches; the first first o f which contains a variety of facts and circumstan- ces, from which the complainers would have bribery and corruption presumed or inferred, against all the boroughs who have declared for Mr Robert Alexander, against Sir John Anstruther; and the other exhibits a particular charge against seven of the respondents, on account o f whose al- ledged misbehaviour, the complainers insist to have the e- lection of the whole reduced. Under their first topick, the complainers are pleased to alledge, that upon the death of the late Sir Henry Erskine, by which a seat in parliament for the district of boroughs, o f which Anstruther-Wester is one, became vacant, several t ^ ' * candidates appeared, and among the rest, Mr Robert A- lexander merchant in Edinburgh, a person who had not the least interest in any of these boroughs, nor any connec­ tion or acquaintance with any person who had any interest in them, but was as much a stranger to them, as i f he had come from America, or the most distant part of the world: That your Lordships would easily guess, by what means that gentleman was to prevail upon them to confide to him so important a trust, especially when you are informed, That Sir John Anstruther has likewise offered his service to these boroughs, who is well known to have a very strong natural interest in every one of them, whose fami­ ly, accordingly, was in use to represent them in the Scots parliament, and ever since the union, either the. late Sir John Anstruther, or one of his relations, have constantly represented them, except for the few years that Colonel Stewart, and the late Sir Henry Erskine, were their members.’ The respondents, with great submission to the complain­ ers, cannot help being very clearly of opinion, that Mr A- lexander is much better intitled than Sir John, to claim a natural interest in this district; and the most cursory re­ flections on the circumstances of the boroughs, will, it is thought,- thought, bring every disinterested person into that way of thinking. The maritime situation of the boroughs in question, mus t naturally lead them to follow the arts of trade and navigation: Accordingly they have always pursued them, and once had in their hands great part of the commerce o f this country, o f which they st il l retain a part, and when properly directed and assi sted, may come to regain their for­ mer situation. It seems therefore evident, that it never can be so much their interest, to have for their representa- tive in parliament, a landed gentleman in their neighbour­ hood, as a considerable merchant trading to foreign parts. When subject to a laird, they will be possessed as a part and pertinent of his estate, which, however, it is not for his advantage to cultivate and improve; for though it is his interest that they exist, as it is by their vote he gets a seat in parliament; yet it is by no means for his interest, that they should flourish, as their opulence behoved soon to introduce liberty and independence, two impla- cable and invincible foes to the principles on which his in­ fluence is founded. But it is plain, the very reverie must be the case with the boroughs, when under the patronage o f a merchant of consid erable foreign trade. It is palpably his interest to render them populous, industrious, and weal­ thy: The more they are so, the more he is enabled to extend his commercial plans and operations, which are so much for his and their benefit. Indeed his interest and theirs can never interfere, and their connection must give rise to a constant reciprocation of good offices. Much more might be said in support of this position; but it is too obvious to stand in need of illust r a t i o n and a merchant to shew his superiority to a laird, in a question of this nature, need only say-, Non illi imperium pelagi, saevumque tridentum, Sed mihi forte datum— At At the same time it shall be readily admitted, that a great estate in the neighbourhood o f a dist r ict of boroughs, would, to a man o f a political turn, afford many fair opportunities o f conciliating public favour; but, at the same time, in the hands o f a man of opposite talents, it must have a quite contrary effect, and become a perpetual source of dispute, disobligation, and disgust. Such has been the fate of the estate of Anstruther, the proprietors of which have been, for these many years, extremely unpo­ pular; the consequence of which was, that they have ne­ ver been able to carry an election in which a rival appear­ ed, and the boroughs in question have, for these 30 years past, been represented by gentlemen, strangers to their fam ily and interest, one parliament exempted. The ho­ nourable gentleman who at present enjoys that great for­ tune, has been at st ill less pains, than any of his predeces- sors, to gain the aura popularis. Indeed it would seem, that, from philosophical principles, or other uncommon ideas, he had formed a resolution to have it always against him, as it is difficult, i f not imposib le, on any other sup- position, to account for his attempt to suppress the church in the borough of Wester-Anstruther, and for many other steps highly offensive both to the community and individu­ als: The consequence of which behaviour was, that, on this occasion, the boroughs in question resolved to put a negative on Sir John, and the complainers know extremely well, that his natural interest, of which they talk so often, was not able to procure him a single vote in any one o f the bo­ roughs; for the few that he has, he was indebted to Colo­ nel Scot, and his own money, which he has dealt about at this time with more profusion, and less secrecy, than per­ haps ever was known at any election. Considering then, how Sir John had behaved to the boroughs in question, and how these communities stood affected to him, there is not the least pretext for presu­ ming, ming, that undue means were used to support Mr Alex ander’s pretentions, though he had been much less deserving than he is. And as to the allegation, that Mr Alexander is as much unacquainted and unconnected with these bo­ roughs, as if he had come from America; as his father was member of parliament for the capital of this coun­ try, that circumstance would be sufficient to make them hear o f his name; and indeed, that was to be pre­ sumed, from his long residence in the town of Edinburgh, which is but twenty miles distant from the boroughs, whereas America is a good way further off, a fact which, it is thought, should have consisted with the knowledge of the complainer, Bailie Hunter, who appears, from his de­ signation, to be a land-surveyor. It is really surprising that the complainers should throw out such gross misre- presentations, when they cannot have the least expectation they will gain any credit. It is notorious over all Scot­ land, that Mr Alexander’s house has long carried on a most extensive foreign commerce, and the complainers know extremely well, that in consequence of it, he was very much connected with the boroughs in question, and particularly had several seafaring men of the district in his employment. Nor could they be ignorant, that his brother, Mr William Alexander, has represented one of these towns in the Convention of Royal Boroughs; and that his conduct, in that capacity, had been of some use to his constituents, and had met with just approbation an applause. Since then a negative had been put on Sir John, and since a number of circumstances concurred to recommend his antagonist it is obvious, that the labouring oar lay upon the Knight, and that undue means became necessary for him; but it is needless to resort to conjectures or presump- tions, for if a proof is allowed, the respondents will bring undisputable evidence, that all the undue means which can well be figured, were employed by Sir John and his doers. doers, to procure votes for him in the several boroughs, bribery, corruption, threatenings, violence, and so forth. It is with reluctance and regret, that the respondents have said so much upon the different circumstances and situa- tions of the two candidates. In their apprehension, the complainers had no occasion to enter into any comparisons or parallels, which are always odious; and therefore, as they could have been spared without hurting the cause, they certainly should: But as the complainers thought proper to give a very partial view of the merits o f the candidates, and from that inferred a presumption against those that had declared for one of them, the respondents were laid under an unavoidable necessity of obviating such misre- presentations. The complainers under this head, before proceeding to the history of the election, and their particular objections give an account of an attempt Mr Alexander is said to have made, to purchase the whole district by the lump, from a cer- tain person, who was thought to have interest in all the bo­ roughs. Whether such concise and ingenious method oc­ curred to Mr Alexander or not, is a matter with which the respondents have no concern; Mr Alexander being no party to their complaint, nor the respondents any ways in- terested in his vindication, except as to his conduct re­ flecting this borough of Wester-Anstruther. Had this certain person, been one of the respondents, there might have been some reason for throwing this circumstance into the complaint; but as it is not said, that he was a magi- strate or counsellor o f this borough, nor so much as a burgess, or residenter in it, it does not occur, upon what medium this bargain could have any thing to do with the present question, supposing it to have been proposed. At the same time, the respondents are informed and be­ lieve, that the alledgeance is absolutely destitute o f founda­ tion. And indeed, it is altogether incredible, that any­ one one man should have so total an ascendant over the whole district, as to be impowered to sell them to any per- son he thought proper. The respondents cannot think of any man, who would presume to claim such an absolute sway over this district, except it be Sir John himself, from his high ideas of a natural interest and right of property in them, that it will require a great degree of faith to be­ lieve, that Mr Alexander would make such an attempt up­ on h im; but whether or not that was the case, he and Mr * Alexander best know. The complaint, next proceeds to narrate the procedure at the election now under challenge; but as this is done with great brevity, the respondents will be forgiven, for stating it somewhat more minutely. The bailies and council m et; and at this sederunt there were present, William Thomson, and John Brown bailies, William Innes, treasurer; Robert Robb, Wil­ liam Boyter, Walter Thomson, Robert Peattie, George Colvil, Robert B isset, and Thomas Young, counsellors; who appointed the town’s common good to be rouped next day, viz. the 18th, and after that the annual election of the bailies and council to proceed; and at this meeting William Boyter shipmaster, who had been absent for some months, was allowed to qualify as a counsellor, by taking the oaths, which were administrate to him by Bailie Thom­ son, in absence of the complainer Bailie Hunter, who was then the eldest bailie, but as yet had not thought proper to qualify or accept. However, when the 18th, the day of election came, Mr Hunter made his appearance; and, as eldest magistrate, gave in a protest, subscribed by him and William Thom- son, bearing, That the meeting of council held this day, was illegal and unwarrantable, as it had been conveened, not only without his consent and countenance, who, as chief magistrate, was alone intitled to call and indite such meeting meeting for election, but in manifest contempt of his or­ ders and directions given thereanent, he having, in due time, called and indited the annual meeting for election, to be held on Wednesday the 25th o f September: To which it was answered, That this day’s meeting was in terms of yesterday’s minute, when two bailies were present; and that due notification had been made by a town-officer to Mr Hunter, of the intended meeting of council to be held yesterday; and that this day is the usual day for the annual election, being the third Wednesday of September, upon which day the said annual election has been made, by the uniform uninterrupted practice of the borough, for many years; and that the council, and not the chief magi- strate, had the power of fixing the election, &c. Upon this Mr Hunter gave in another protest against. the legality o f this meeting, on account of several of the constituent members thereof having accepted of bribes and corrupt gifts. To which it was answered, That the alle­ gations in that protest were groundless and malicious, as would be made appear in due time. Thereafter the election was proceeded to, and it was re- solved, that, previous to the question, Continue or alter the council? the vacant places in council should be filled up; and accordingly Alexander Wedderburn, Esq; one of his Majest y ’s council, learned in the laws, was elected a coun- sellor, in the room of Sir Henry Erskine deceased; as was John Thomson tailor in this borough, in the room of the deceased George Dawson late weaver in Milntown. Then the question was put, Continue the council or alter? it carried unanimously to alter; and accordingly James Boyter, late wright in Wester-Anstruther,and presently re- sid ing in Dysart, was unanimously voted out of council, and William Miller wright in Anstruther-Wester, chosen in his room. Then the leets for the magistrates and trea- surer were given in and approved of, and by the whole votes votes of council, those of Bailies Hunter and Thomson ex­ cepted, John Brown was re-elected bailie, and Robert Robb and William Boyter of new elected bailies, in the room of the said Mess. Hunter and Thomson, and Walter Thomson was of new elected treasurer. From this it appears, that only one remove was made in the council, viz. that o f James Boyter, for which there was too good reason, James Boyter having given up his residence in Anstruther-Wester, where he has not been these ten years, and gone to live at Dysart, where he is supported chiefly by charity; so that the community would have had good reason to complain, if he had been conti­ nued; as it would also have had in case Robert Hunter and William Thomson had been continued, these being custom house-officers, stationed at a great distance from Anstruther-Wester, Mr Thomson at Alloa, and Mr Hun­ ter at Inverness; for which reason, this last had never thought of accepting or qualifying, till the present job oc­ curred: Besides, he had expressed himself in language so unbecoming a magistrate, with regard to the community, as rendered the continuing of him highly improper. Though the complaint now under consideration, does not bring under the review of the Court, any proceedings posterior to the 18th of September, when the election was made; yet, as the procedure on the 25th of that month is exceedingly curious, and cannot fail to throw some light on the present question, the respondents will be pardoned for giving a short view of it. The council having met this day to consider the minutes of last election, held on the 1 8th, the minutes bear, That William Innes informed the council, that he thought it his duty, in respect of the aspersions that have been thrown out against the members of council, in the protest taken the former day, to communicate to the council an attempt that had been made to corrupt him, in giving his vote as a coun- ‘ sellor asellor of- this borough; that Mr Philip Anstruther write in Edinburgh, had solicited him to give his vote for Sir John Anstruther, and offered to give him money, and do otherwise for him, i f he would so give his vote; that he refused to agree to vote for Sir John, and said, that he would not be biassed by any gentleman that way. There­ after Anne Waddel, his spouse, informed him, that she had received eight guineas of the said Mr Philip Anstru ­ ther, and also six guineas of Mr Alexander Fall of Lon­ don, for the purpose of influencing his vote; which sum of eight and six guineas, she delivered to him this mor­ ning, and he hath now produced the same in council; and desires to consign it in the hands of a notary-public, for the benefit of any person that shall claim interest therein, he himself disclaiming any.’ That, ‘ thereafter Robert Billet informed the council, that the said Mr Philip Anstruther solicited him also to vote in Sir John Anstruther’s favours, and offered him at one time ten guineas, and at another time, fifty pounds, i f he would do so; that he rejected the said offers, and told him, that he would not be bribed by any man. Afterwards, Christian Hay, his spouse, informed him, that the said Mr Philip Anstruther had delivered to her a sum of money in gold and bank-notes, for the purpose of engaging his vote: That she did not know what the amount of it was, as she never counted it, and that she delivered the same in a handkerchief to him this morning, which he produced in council, and desired it might be counted; which being done, there appeared thirty-two guineas and a half in gold, and three small pieces of Dutch gold coin, also a five pound Glasgow note, and nine twenty shilling notes, which money he desired to consign in the hands of a notary, for the benefit of any person that shall claim interest therein, he himself disclaim­ ing any.’ After After this, Bailie Robb gave in a protest, which was adhe­ red to by John Brown, William Boyter, Walter Thomson, Alexander Wedderburn, E sq; Thomas Young, William Innes, Robert B isset, John Thomson, Robert Peattie, and George Colvil. This protest sets forth the election made on the 1 8th; and the absurdity of the protest taken against it by Ro- bert Hunter and William Thomson; at the same time re- presents, that the protesters, in order to prevent all possi- b ility of trouble or expence to the borough, from the litigi- ousness of Robert Hunter and William Thomson, were willing, without prejudice to the elections, by them al­ ready made on the 18th, to go through, upon this 25th of September, the several steps of an annual election; pro- testing that, by so doing, they did not depart from the e- lection by them already made, or to call in question its va­ lidity. But as the sole objection to that election was founded on the day on which it was made, they, for the greater caution, and to save the borough harmless from any further vexation on this account, are willing to go through the form of an election. After this, Mr Blunter gave in a protest, adhered to by William Thomson, which appears to have been written upon supposition, that no new election would have been made on the 25th by the respondents. This protest sets forth his appointment of the 25th to be the day of elect ion; and that an election had, notwithstanding been made, on the 18th: That he is advised it would not be safe for him and his adherent, to hold the said meeting for election upon the day regularly appointed, as that might be construed into a separation of the minority from the majority; and therefore protested, that their not insist ing in a new election, upon this occasion, shall not be con- sidered as any acquiescence in the said pretended election made on the 18th, or as any departure from the protest then taken by them. ' After After this, Messrs Hunter and Thomson thought proper;, however, to desire to qualify as counsellors; which they did, under protest:, that this should not be construed into an acquiescence in the legality of the conduct of the coun­ cil, held upon the 18th, and their proceedings on the 25th. After this, the council went through their election in the same way as on the 18th. Alexander Wedderburn, Esq; was voted into council in the room of Mr Henry Erskine, Mess. Hunter and Thomson voting for Mr Philip Anstru- ther to supply his place; John Thomson was voted into council in place of the deceased George Dawson, Mess. Hunter and Thomson having voted for Thomas Dawson. Then it was unanimously resolved to alter the council, and James Boyter was, as before, voted out of council; Mess. Hunter and Thomson voting Robert Bisset out, and Wil­ liam Miller was voted into council in his place, Mess. Hunter and Thomson voting for George Peebles. After this, Mess. Hunter and Thomson gave in their third and last protest, importing, ‘ That their appearing in this meeting, and declaring, that, i f this shall be held and considered as the legal meeting for election, they did vote for Robert Hunter, William Thomson, and James Wil­ kie to be bailies, and James Patrick treasurer, and Wil­ liam Raker, George Peebles, Philip Anstruther, M ‘Naugh- ton Plunter, James Matthison, Thomas Dawson, and James Boyter to remain an old counsellor, to be new counsellors, in the room of Thomas Young, Robert B isset, Robert Peattie, Walter Thomson, William Boy­ ter, George Colvill, and Robert Robb; and craved, that their votes might be so marked; and they protested, that their declaring their votes, should not be considered as any acquiescence in the proceedings of those, who did then pretend to be the magistrates and council o f this- borough, and that they might be at liberty to sue for re- meid at law.’ And' And here, it may be observed, that the complainers vo­ ted out Robert Bisset, who had consigned the bribe, and voted in Philip Anstruther, who had given the bribe. By making another election on the 25th, the complain­ ers were driven from any pretext of reduction of the first election, on account o f the day, o f which, frivolous and groundless as it was, they were very fond; and not without reason, as the only remaining pretext, was that of bribery, which they were ju stly averse to meddle with, as they were satisfied, there was no foundation for a charge of that kind against the respondents, and were conscious they them- selves had dealt in it to the utmost depth; so that tho' The re­ spondents had been to blame in that respect too, an accu- sation on that head behoved to be very unfavourably heard from them, as nothing is more apt to raise ju st indigna­ tion, than for men to complain of others, for the very faults of which they have been grossly guilty themselves. Quis tulerit Gracchos de seditione querentes? 0 However, as it was thought necessary that the election of this borough should be challenged, right or wrong, and as by the measures taken by the respondents, the complainers had been precluded from making any handle of the objec­ tion as to the day of the election; they even resolved to prefer a complaint to your Lordships on the head of bri­ bery, which they have not scrupled to charge against seven of the respondents, who will proceed now to answer the particulars as they occur in the complaint. The first person attacked, is Bailie Robb, against whom the complainers have been very profuse of reproach and a- buse. He is represented to have been, before the election, s u n k the greatest poverty and misery, so as to be in want of bread to his family, and of a shirt to his back; but that, all of a sudden, upon this election coming into the play, he had emerged from his former wretchedness, paid off debts, purchased good cloaths, and, in every respect,- made made a decent appearance; which sudden alteration, the complainers would have your Lordships to presume, was owing to bribes he received from Mr Alexander; and they particularly alledge, that he was corrupted by the interposi- tion of his wife, to whom, it was said, a promise was made o f L. 100 Sterling, and the command of a ship to her son, when he should be qualified for it, L. 25 Sterling in cash being at the same time impressed into her hands. But the truth is, That Bailie Robb is a man of as res- pectable a family as most in the place he lives in, which the complainers well know, as also that he inherited a small estate from his ancestors, part of which he still pre- serves, though he had a very numerous family to educate; on all which accounts, it is thought, that the complainers should have treated him with more softness of expression than has been observed in this complaint. The story of his borrowing shirts, merits no answer. But it is no doubt true, that he appeared in better dress, upon the oc- casion of this election, than he did on ordinary occasions; and it would have been extremely odd if he had not, as he was obliged to be much in company, and appear in a public character. It is also true, that, not long before this, Mr Robb was enabled to pay some debts; but that was by the benefaction of a relation, with whom Mr Robb had had differences, which were only lately happily ended: But he does absolutely deny, and defys the complainers to prove, that he ever did himself immediately, or by the interposi- tion of his wife, or any other person, receive bribes, gifts, or promises, from Mr Alexander for his vote. At the same time, he does not mean to disavow his connection with, or attachment to Mr Alexander. Mr Robb’s nephew is tutor to Mr William Alexander’s only son; and on his recommendation, Mr William Alexander agreed to take Bailie Robb's son into his compting-house, many months months before there was any prospect of a vacancy in this district. As the complainers have endeavoured to fix a pre- sumption of bribery against Mr Robb, he will be allowed, in his defence, to mention a circumstance, from which a contrary presumption will arise, v iz. T hat he has rejec­ ted very high corrupt offers from Sir John Anstruther; and particularly, he does say, and offers to prove, that a clergyman in the neighbourhood, (who surely might have been better employed), did attempt to corrupt him, by offering him, on Sir Johns account, any reward he or his wife would please to name; and upon his w ife ob- serving, that the family of Anstruther were very lavish of of promises, but as forgetful of them after their purposes were served, and that she had been deceived by them her— self, his Reverence offered to pledge his own security for the fulfilling whatever articles should be agreed on. William Boyter is the person the complainers fall next upon. He is alledged to be very poor, and to have subsi st- ed solely upon what he earned as a tailor; and a variety of corrupt gifts and promises are said to have prevailed upon him to stay the election, and vote for Mr Alexander’s council. The whole of this article as to William Boyter, is a fiction from beginning to end. He was master of a ship for upwards of 30 years; and though, for these 8 years last part, he has sailed with Mr David Erskine ship-master in Crail as a mate, yet it was nearly upon terms equal to what is allowed to a master. During these 8 years, his chest has lain constantly on board Mr Erskine’s ship, and would probably have been there yet, had he not found out a plot laid to get him to sign a bond to go with the ship, under the penalty o f L. 50, the drift of which he saw was to put him out ot the way at the election; and therefore he refused to sig n it, or to go with the ship on any any terms: All which he did without the knowledge of Mr Alexander, who, when he heard of it, did no more (and sure he could do no less), than thank him for his zeal and attention, and assure him that he should never have cause to repent it: But it is absolutely false, that any reward was either given or promised by Mr Alexander to Mr Boyter for his vote. Sir John Anstruther, indeed, in pre­ fence of Mr Robert Fall, sollicited Mrs Boyter with great earnestness; and said, she had only to name what reward she or her husband chose, and he would give it for his vote but in vain; and Mr Philip Anstruther, who seems to put much confidence in the touch of the precious metal thrust a handful of guineas into Mr Boyter’s hand, and was searching his pockets for more, when he was a little disconcerted by Mr Boyter’s returning those he had already forced upon him. The complainers proceed next to Walter Thomson. who is said to have been corrupted by money and pre- sents to his wife and fam ily; and by a promise to pay for teaching his son Philip, who was bred a mason, prac­ tical geometry, and the five orders of architecture. But the f act is, That Walter Thomson never got, nor was promised, any reward from Mr Alexander for voting on his interest. Mr Alexander did indeed intend to have Philip Thomson, Walter’s son, taught mathematics and architecture, but never acquainted the father with the in­ tention, having no other view, but to assist the merit of the young man; a consideration that has induced Mr Alexander, and his family, to educate above fifty young people, some of them, perhaps, at an expence equal to all that is alledged in this complaint to have been given for bribes. But as to Philip Thomson, so scrupulous was his father Walter, that when he came to be informed of Mr Alexander’s intention, he absolutely refused to allow him to disburse a shilling for his son’s education; and went to Mr- Mr Halliday the school-master, and insi sted, that he should bargain with him himse lf; which Mr Halliday ha­ ving declined, probably because he expected Mr Alexander would pay more liberally, the young man was not suf- fered to go to school. On the other hand, Mr Philip Anstruther made his ad- dresses to Mrs Thomson, in his usual way, by a sum o f gold, which he said was a present from his si ster whom she had weaned; and, upon her refusing it, threw it on the table, and walked off but it was sent after him. The next in order is Robert Peattie, who is said to have been so miserably poor, as to want the necessaries of life, and to have been bribed by L. 80 Sterling. To this it is answered, That the allegation is absolutely false, neither Mr Peatty nor his wife ever having received a fraction from Mr Alexander but various were the me­ thods, and infinite the pains taken to corrupt this man, by Sir John Anstruther himself in person, Mr Robert Fall, William Chalmers, son to Doctor Chalmers, and the complainer Robert Hunter, who has exerted himself much to corrupt several persons, particularly Robert Peattie, in direct defiance of the law, which enacts, ‘ That no com- issioner, officer, or other person concerned in the col- lecting or managing any of the duties granted by this act, viz. duties on soap and paper, printed fisk, & c. cer­ tain stamp-duties, and upon additional hackney-coaches, shall, by word, message, or writing, or any other man­ ner, endeavour to persuade any elector to give, or dissuade any elector from giving his vote, for choice of any knight of the shire, commissioner, citizen, burgess, or baron, for any county, &c; and every person offending therein, shall forfeit L. 100, one moiety to the informer, the o- ther moiety to the poor of the parish, to be recovered by any person that s hall sue for the same in her Majest y ’s courts at Westm inster, or in the Exchequer in in Scotland; and every person convict on such suit shall become disabled of ever bearing any office or place of trust under her Majest y.' The complainers, in the fifth place, alledge against John Brown, one of the Bailies, That he was one of the first who joined Mr Alexander’s interest; and that, being afraid his office in the customs, worth about L. 20. Sterling year­ ly, would be taken from him, i f he voted for Mr Alexan­ der’s council, he got from that gentleman a promise, that i f the office was taken from him, it should be made up to him, and, at last, a bond for L. 25 Sterling yearly during life in that event, besides a sum of money in hand; and also, that a bill that he had granted for money that had been given him at a former election, was given up, or pro- mised to be given up to him. The fact is, That Bailie John Brown was the last of the council who came into Mr Alexander’s interest. When­ ever it was known that he had, Sir John Anstruther and Colonel Scott sent for him, and after insisting for some time that he should join Sir John’s interest, the colonel told him, That, if he did not, ' By God you shall not keep your office a fortnight.’ To which Mr Brown answered, That it would be hard to turn out a man who had always done his duty, and against whom there never had been any complaint, but that he would not be influenced by threats. — Mr William Alexander hearing of this, did, without Mr Brown’s knowledge or desire, write him a letter, ac­ quainting him, that he had been informed of the threats to deprive him of his office for adhering to his interest, and therefore promising to indemnify him, by paying him regularly the annual amount of his office, in case he should be deprived of it on that account. The story of the bond for life, and of the money and bill, are pure fictions. But though Mr Brown never received nor was offered a fraction on Mr Alexander’s account, yet he he had many temptations thrown in his way by Sir John Anstruther, Mr Robert Fall, and the complainer Bailie Hun­ ter, the last of whom made also very earnest applications to Bailie Brown’s wife. Robert Bisset is the sixth person attacked, and that by a general calumny, that he had received, sums or securities for sums, and got up a bill in the same way Mr Brown is al- ledged to have done. All this is likewise pure fiction; and it is aston ishing the complainers should fall foul o f Robert B isset's character, consi- dering the invincible and visib le proofs he gave of his integri­ ty, by delivering up and consigning the sum mentioned in the minutes above described. The last man attacked in the same way is William L i­ nes, who gave the same proof o f his integrity that Robert B isset did, and withstood still further bribes from Sir John himself, and Mr Alexander Fall, the last of whom, on the day of election, offered L. 100 Sterling to withdraw him from the council. The dark general calumnies a- gainst him are as destitute of foundation as those against Mr Bisset. The respondents have now made as fair and full an an- swer, as they possibly could, to every article of this very ex­ traordinary complaint, which they never can peruse with­ out feeling fresh emotions of aston ishment and indignation. As the complainers and their party have carried bribery and corruption to the highest pitch, and were certain they would be convicted, not only by the money consigned as above, but by a multitude of witnesses, and a variety of all sorts o f evidence, though the respondents had been guilty of the like mal-practices, yet for the complainers to have de­ clined any accusation on that score, could not, with pro­ priety, have been denominated a mauvais e honte; but for them, with all these imperfections on their heads, to insist in a clamorous complaint against others, for no other rea- son son, was certainly a very extraordinary effort of modest assurance. The respondents have only to add, that they wait, with the greatest impatience, for an opportunity o f entering in­ to proof with the complainers. I f these gentlemen shall make good their allegations, the respondents shall not op- pose this election being reduced; but if, on the other hand, these gentlemen shall totally fail, and it come out in proof, that the respondents have, on this occasion, kept their hands clear of bribes, and their hearts o f corruption, and in every step followed the dictates o f uprightness and in­ tegrity, they are confident, they will meet with applause and support from this Court, while the complainers receive that check which groundless and vexatious prosecutions- deserve. I n r e s p e c t w h e r e o f, & c If JO. M A C L A U R I N.