Att Holyrudehouse the tenth day of May Jaj vijc and fyve years
A1705/5/13
A1705/5/13
Procedure
Exoneration To James Johnstoun Esquire late Lord Register and his deput and Servants
His Grace her Majesties high Commissioner and the Lords of her Majesties privie Councill haveing by ther ordinance of the date the 26th day of Apryll Last, Appoynted a Committie of ther own number to see the Records, Registers, warrands and other papers belonging to the office of Clerk Register, the keyes of the lower parliament house and other keyes wher the saids Registers and Records are keept, delyvered up to the Lord Philiphawgh now Register, By James Johnstoun Esquire late Register his deputs and Servants in the Said office wnder him in the said office wpon oath, And accordingly the said Committie haveing mett in the haigh parliament house upon the first day of May instant, and called befor them Alexander Gibsone of Durie one of the principall Clerks of Session, As haveing Commission from the Late Lord Register for keeping of the publict records, as also Thomas Gibsone his brother, And Alexander Baillie wryter in Edinburgh as being lykewayes intrusted by his lordship for keeping of the saids records and Registers, And having Solemnly Sworne, examined and Interrogat them and each of them in the termes of the forsaid remitt, They deponed wpon oath That neither they nor any to their knowledge have abstracted nor imbazled any of the records, warrands or papers belonging to the Registers office, which have been in ther custody, And that they as having Commission from or being intrusted by the late Lord Register, neither had nor have any other records, warrands, papers nor keyes then what they instantly delyver, And the Samen receaved by the present Register accordingly; As also the saids Lords having by ther forsaid Act and Remitt to the Said Committie Granted warrand and Commission to Mr Alexander Wedderburne Secretary deput to take the oath of the said James Johnstoun Esquire late Register In the termes of the forsaid remitt, And therby declaired that wpon delyverie of the Records, warrands and others as aforsaid, and report of the said James Johnstouns oath, They would grant a Sufficient exoneration of the Same to the Said late Clerk Register, and his saids deputs and Servants, And accordingly in obedience to the forsaid Commission, The said Alexander Wedderburne haveing reported to the saids Lords the said James Johnstouns oath dated at Whythall the fyfth day of May instant, wherby the said Alexander Wedderburne as having Commission forsaid, having sworne and examined the said James Johnstoun in the terms of the said Commission he deponed wpon oath That he hes not directly nor indirectly abstracted not withdrawen, imbazled nor destroyed any of the Records; papers or warrands belonging to the said office of Register, And that he neither hes nor had any other records belonging to the said office, then what wer in the custody of his deputs and Servants, And are delyvered up or to be delyvered up by them as her Majestie and the Councill Should order, Therfore his Grace and the Saids Lords By thir presents Exoners the said James Johnstoun Esquire, Alexander Gibsone of Durie his deput Thomas Gibsone and Alexander Baillie his Servants in intrusted by him as said is, off the saids Registers and warrands therof, And of the charge and trust he and they had in keeping therof, And declairs the said James Johnstoun and his saids deputs and Servants free of the Samen, And of all question theranent in tyme comeing.
At Holyroodhouse 10 May 1705
A1705/5/13
Procedure
Exoneration to James Johnston, esquire, late lord register and his depute and servants
His grace [John Campbell, duke of Argyll] her majesty’s high commissioner and the lords of her majesty’s privy council having by their ordinance of the date 26 April last appointed a committee of their own number to see the records, registers, warrants, and other papers belonging to the office of clerk register, the keys of the lower parliament house and other keys where the said registers and records are kept, delivered up to [Sir James Murray of Philiphaugh], now register, by James Johnston, esquire, late register, his deputes and servants in the said office under him in the said office upon oath. And accordingly the said committee having met in the upper parliament house upon 1 May instant, and called before them Alexander Gibson of Durie, one of the principal clerks of session, as having commission from the late lord register for keeping of the public records, as also Thomas Gibson his brother, and Alexander Baillie, writer in Edinburgh, as being likewise entrusted by his lordship for keeping of the said records and registers. And having solemnly sworn, examined, and interrogated them and each of them in the terms of the foresaid remit, they deponed upon oath that neither they nor any to their knowledge have abstracted nor embezzled any of the records, warrants, or papers belonging to the register’s office, which have been in their custody, and that they as having commission from or being entrusted by the late lord register, neither had nor have any other records, warrants, papers, nor keys then what they instantly deliver, and the same received by the present register accordingly. As also the said lords having by their foresaid act and remit to the said committee granted warrant and commission to Mr Alexander Wedderburn, secretary depute, to take the oath of the said James Johnston, esquire, late register in the terms of the foresaid remit, and thereby declared that upon delivery of the records, warrants, and others as aforesaid, and report of the said James Johnston’s oath, they would grant a sufficient exoneration of the same to the said late clerk register, and his said deputes and servants. And accordingly in obedience to the foresaid commission, the said Alexander Wedderburn having reported to the said lords the said James Johnston’s oath dated at Whitehall, 5 May instant, whereby the said Alexander Wedderburn as having commission foresaid, having sworn and examined the said James Johnston in the terms of the said commission, he deponed upon oath that he has not directly nor indirectly abstracted not withdrawn, embezzled, nor destroyed any of the records, papers, or warrants belonging to the said office of register, and that he neither has nor had any other records belonging to the said office, than what were in the custody of his deputes and servants, and are delivered up or to be delivered up by them as her majesty and the council should order. Therefore his grace and the said lords by these present exonerate the said James Johnston, esquire, Alexander Gibson of Durie his depute, Thomas Gibson, and Alexander Baillie his servants entrusted by him as said is, of the said registers and warrants thereof, and of the charge and trust he and they had in keeping thereof. And declare the said James Johnston and his said deputes and servants free of the same, and of all question therein in time coming.
