Arniston memoirs

54 ARNISTON MEMOIRS. ['7 11 -
from Scotland of what had passed in that matter. When I
inform your Lordship that I have the honour to be President of
the Court before which M r Dundass is to tryed, 1 I hope your
Lordship will be sensible that her Majestie has commanded me
only to observe in generall to your L p what occurs to me upon
that subject. There is an appearance of M r Dundass having
acted against the Goverment in a very extraordinary manner.
What the law may determine upon those facts I must leave to the
Court. But admitting those facts criminal, as stated in the Indict-
ment, I humbly conceive that it is impossible for her Majestie's
servants here to give her any particular advice in the farther
proceeding in that matter, unless the evidence her Majestie's
Advocate has to prove the allegations, be distinctly lay'd before
them. And I am of opinion that if the prosecution should happen
to fail for want of proof, it might be of bad consequence, &
encourage other dissaffected persons in a greater degree than if
the Goverment had not taken any notice att all of that matter.
I am informed that my Lord Advocate has lately made application
for a delay of the tryal upon the account of his indisposition, & in
order to get some papers he thinks necesary for the carrying it
on. I will not enter into the reasonableness of the delay of a
tryal, upon the indisposition of the Advocate, nor whether the
papers he wanted might not have been found sooner. But I think
myself obliged in duty to observe that unnecessary delays in tryalls
cast a great damp upon them, & very often the speedy administra-
tion of justice has more effect towards deterring persons from crimes
than the very punishment it self. These are, my Lord, my humble
thoughts of this matter. — I am, my Lord, with all respect, your
Lordship's most ob* & most humble servant, Ilav.
It was not till March 1712 that James Dundas was brought
to the bar of the Higli Court of Justiciary, at Edinburgh,
when the Lord Advocate produced an order, signed by Lord
Dartmouth, directing him to prosecute. The following letter
describes the stage which had been reached at that date : 2 —
Sir James Stewart (Lord Advocate) to Secretary of State.
Ednr., nth March 1712.
May it please y r Lo r , — I had the honour of a letter from you
1 Lord Hay had succeeded the Earl of Cromarty, in 1710, as Lord Justice-
General of Scotland.
- State Papers, Domestic (Scotland), 1712, Public Record Office.