The Director of the Chancery may recal commissions granted by him, and dismiss his Clerks at pleasure.
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Andrew Aitchison having had commission from Sir William Ker, Director of the Chancellary, to write in the Chancellary, and being turned out by him, pursues him to repone him to his service. The defender alleged, Absolvitor; because the commission being a mandate, is revokable at pleasure, and bears no definite time; and it was never heard, that a servant in an office had any further right than during his master's pleasure, which is the common practice of all that have offices. It was answered, That special consideration ought to be had in the Chancellary, there being so few alive who know the stile and forms of it, which being the record of the rights of the most important lands and estates in the kingdom, and of the services and retours of all heirs, none can serve therein, but such as have a particular breeding for that purpose, which the pursuer had for these 15 years with John Aitchison, who had been writer in the Chancellery above 40 years, which being a public concern, Sir William should not be suffered to put a skilful servant out of the chamber, unless he can supply the same with a sufficient one.
The Lords found the defence relevant, that the Director might recal his commission, and put out his own servant at his pleasure, albeit it be a public concern, that the Chancellary should be served with sufficient bred servants; as to which, the Council have given commission to those of their number, who are Lords of Session, to take inspection of the Chancellary, how it is served, and the forms thereof observed.
