Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.

Letter by the Lords of Session to the King

Date: 12 January 1675

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My Lord Lauderdale, his Majesty's secretary, having written to the President, concerning the above-mentioned process betwixt Captain Gordon and the Swedes, anent the ship called the Wine Grape; that the Swedish envoy had made application to his Majesty, and had represented, that the decreet against the strangers was carried but by two votes: and had given in a list to his Majesty of those that were for, and against the said decreet; with divers reasons against the same. It was thought fit that a letter should be drawn to his Majesty, containing the grounds whereupon the said decreet proceeded: Which being done by those who were appointed by the Lords; some of the Lords did object against the same,—That they did mention the Lords indefinitely to have given the said decreet; whereas his Majesty was informed of the contrary; and the information was true: and therefore it was desired it should bear, that, upon the votes of the major part, which is usual in all cases, the decreet was pronounced: Specially, seeing the said letter did contain the grounds of, and did assert the justice of the said decreet: so that these who had voted against the same, could not belie themselves, and put under their hand the contrary of what they had voted. And albeit, in all judicatories, even in Parliament, what is done by the plurality doth overrule and conclude the dissenters, so as to submit to the same; yet, they are not obliged to maintain, or assert the justice of a sentence and act, that they had been against in their judgment and vote.

It was, notwithstanding, carried by a plurality, That, without the amendment foresaid, the letter should be subscribed by all the Lords; the President having promised to write to my Lord Lauderdale, what was truly res gesta when the said decreet was given: And, upon that assurance, some of the Lords declared, when they subscribed, that they subscribed not their own sense, but the sense of the Court: And though they were concluded, as said is, yet they were not convinced.

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