Halyroodhouse the 15th September 1703
D1703/9/4
D1703/9/41
Act
Act Infavours of The Magistrats and Toun Councill off Kirkcaldie
Annent The petition given in and presented To His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie By the Magistrats and Toun Councill of Kirkcaldy Elected at Michallmess Jaj vijc and two years Shewing That their Lordships By their act Daited in December Jaj vijc and two yeirs Haveing found the Election off their petitioners at Michaelmess last To have been null and Declaired the quorum that Elected them incapable and appointed a new Election for the reasones contained in their Lordships said Act and ordinance And accordingly there haveing been all dutifull obediance given therunto and that now they doe not doubt His Grace and their Lordships will be fully satisfied To have them reported to their former offices and that the said Act and all that followed therupon shall have not Farder effect And that the first Election at Michaellmess last be confirmed and ratified by their Lordships sentence And Therfor Humbly Creaving His Grace and their Lordships would be pleased to repone their petitioners againest the said Act and Sentance wherby their Election was rendered void and their petitioners Declaired incapable and repone them to the Exercise off their offices as Elected at Michaelmess last Declairing their said Act and sentance to have no further effect from this tyme forward As the said petition bears Which petition Being upon the Tenth day off September instant Read in presence off and Considered by His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill They appointed the same To be seen and answered By the Magistrats presently in office within the Burgh off Kirkcaldy Againest Wedensday nixt peremptorie being the Fyfteenth Instant And appointed The petitioners To Intimat the same personally to the Earle off Leven Baillies Whytt and Jaffray in Kirkcaldy and that betuixt and the said day Which being accordingly Intimat to the Magistrats and Clerk of the said Burgh off Kirkcaldy They gave in the answers following viz Answers For David Earle off Leven, Provest of Kirkcaldy John Whytt and James Jaffray Baillies off the said Burgh To a petition presented To His Grace Her Majesties High Commissioner, and Remanent Lords of Her Majesties privie Councill By certain persones pretending to have been Elected magistrats and Councellors off the said Burgh at Michaelmess Last Jaj vijc and two years The petitioners Did at first present a supplication To His Grace Her Majesties High Commissioner and the Honourable Estates of parliament Full of clamer and noise and stuft with callumnious alleadgencies and gross representationes off matters off fact Wherin also they hold the boldness in amost presumptieous manner To arraign The Lords off Her Majesties privie Councill as guilty off arbitrary proceedings Equall to any which occurred in the rigne off the late King James Now they offer a petition To His Grace Her Majesties High Commissioner and the Lords off Her Majesties privie Councill Complaining off a great many hardships put upon them by their Lordships And Creaving that His Grace and their Lordships would repon them againest the Decreit and sentance off the Lords of privie Councill Wherby their pretended Election at Michaelmess Jaj vijc and Two was Declaired void and null and the petitioners Declaired incapable To Elect or be Elected Magistrats and Councellors of the Burgh for that year And that they might be Reponed to the Exercise off their offices as Laufullie Elected at Michaellmess last And that the Forsaid Decreit off Councill Wherby anew Election off the Magistrats and Councill off the said Burgh was authorized may be rescinded and Declaired void and null In answer wherunto The present Magistrats Humbly represented That is practise off the petitioners is preposterous without a president for unto this very day noe man ever yet pretended By a petition to overturn a sentance of a Soveragine Court (Such as the privie Councill) Farr less a Solemn Decreit upon along Debeat iff any such thing hath been attempted It was allwayes thought necessary For that effect to raise and Execute a Summonds under the signet Secundo By noe Law in the world Can a person be condemned or punished untill he be Laufullie Called and have opportunity to answer for himself yet the petitioner (though they have Intimat their petition only to the provest and Baillies) urge that the Dean of Gild, Thesaurer and haill Councill off the said Burgh To whom neither citation is given nor Intimation made may be depryved off their offices though neither Called nor heard and the petitioners reponed to their pretended offices notwithstanding of the forsaid Solemn Decreit for these reasones The present Magistrats Humbly conceave that they wer not bound To make any answer to the Additionall reasones subjoyned to the petition Thought it could easily be Demonstrat Thatt all of them are either irrelivent or fals in a matter of Fact And they judged themselves weell secuired By a solemn Decreet off privie Councill Which can never be overturned upon pretence off Iniquity or hardships without weakning the authoritie and deference due to the Decreits off that soveraigne Court, making pleas endless and louseing the security off all the Leidges founded upon the Decreits off that Honourable Court far less in this preposterous and unheard off method, Reduceing Decreits in Foro by a bill not soe much as Intimat to the pairtes principally concerned as the answers bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing this day againe Considered the said petition given into them By the Magistrats and Toun Councill of Kirkcaldy Elected at Michaellmess Jaj vijc and two years With the saids answers therto By David Earle of Leven provest off Kirkcaldy, John Whytt, and James Jaffry Baillies off the said Burgh And the samen being read in their presence His Grace and the saids Lords Have Dischairged and heirby Dischairges the sentance of privie Councill Incapacitating the petitioners off the date the First day off December Jaj vijc and two years And have Reponed and heirby Repones the petitioners to their respective offices within the said Burgh off Kirkcaldy as Elected at Michaelmess last With power to them to Exerce ther respective offices withine the said burgh off Kirkcaldy Sykelyke and in the samen manner as they did or might have done befoir the said sentance.
1. NRS, PC2/28, 260v-261v.
1. NRS, PC2/28, 260v-261v.