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Document : 600

Title: Letter from David Dalrymple, Lord Hailes, to Dr William Leechman, Containing Reasons For Not Giving a Bill of Suspension for David Woodburn

Author(s): Dalrymple, Sir David

That the parties may know upon what grounds I refuse
this bill of suspension, I observe

That Mr Woodburn's conduct on St Patrick's Day may
admitt of excuse in ſeveral particulars; he heared indecent
healths given in the presence of other tutors: Mr. Robison
seems to admitt that he himself laughed at the drollery
of the indecent songs which were sung: The health
which Mr. Woodburn proposed may be obscene, but I
do not see that it is proved to be such, otherways than
by his commentaries on it. If Mr Robison & Mr Woodburn
had left the company upon the first mention of
obscene healths they would have acted according to the decency
of their characters as tutors, & the young gentlemen
whose guests they were would have applauded their conduct.
By remaining too long in the company they erred & the
consequences have been hurtfull to both. Whether a fine
of two guineas & a rebuke & admonition were sufficient
censures upon Mr. Robison is not teh present question.

The irregularity of Mr. Woodburn's attendance
on College duties seems not to be fully proved, at least
his defence of indisposition ought to have been enquired
into.

The Scuffle which happened betwixt Mr. Robison &
him does not much affect me in judging of the case.
Mr. Robison ought to have sought redreſs in an
accademical way, & not by blows, & he seems to have
[premeditately] occasioned that scuffle.

My reason for refusing the bill is founded on the
advertisement. I cannot explain that advertisement
in any other sense than that which the university
meeting put upon it. The advertisement was a
deliberate thing communicated to different persons

and I have no doubt that both editions of it were
composed by Mr. Woodburn. His explanation of it
in the replies does not seem satisfactory. If Italian
paſsion means Jealousy, how comes it that the
correspondent expreſsion in the other [copie] is unnatural
feelings. Such being my understanding of
the advertisement, I am under no neceſsity of finding
that Mr. Wodburn falls under the 10th. section of the
University laws & consequently of refusing the bill of
suspension.

I do not see sufficient reason for paſsing the
bill on account of supposed Informalities in proceedings.
The sentence pronounced seems justifiable from the
circumstances of the case, nor does there appear to have
been any neceſsity for a formal trial.

Such being my Sentiments, I refuse the
bill. Other Judges may perhaps think otherways.
[I reserve] reduction as accords. Signed

Dav Dalrymple
    Sept. 16, 1769


Dr Sir
I received the above on Sundays Night &
I do not know whether you saw it before it came to my hand. Leaſst you
should not have seen it, I have sent it for your peruſal & that of the other
Gentlemen concern'd. I am glad we have so far gained our [Pound] & that
the Suspenſion is refuted. Pleaſe keep the Letter becauſe if Mr Woodburn
should try Proceſs of Reduction we may have an opportunity to set
Lord Hailes right, as to some of his Observations.
 Will: Leechman


Dr Doctor

Lord Hailes has refused Mr Woodburn'
Bill, reserving his action of reduction
as accords, and he has thought proper to
make out a note of his Reasons to be shown
to both parties, whereof you have a Copy [¿],
which that at present occurs from
Dr Doctor,
Your most [¿],
William Wilson
[¿] 16 Sept, 1769