Act, 6 June 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Att Edinburgh the sixth day of June Jaj vic nyntie thrie years

A1693/6/361

Act

Act The magistrats and toune Councell of Edinburgh Elected at michaelmes and anent the decreit reducing that electione

Anent the petitione given In to their Majesties High Commissioner and Lords of privie Councell Be The provost Baillies and toune Councell of Edinburgh chosen at michaelmes last Sheuing That wher in a decreit of Reductione of the petitioners electione at michaelmes last pursued by James Mclurg and others Their Lordships found the turning out of the proxies elected the day of making the Leets 2 after they had voted to the Leeting and before they had voted to the electione of the Magistrats a breach of the sett of the Burgh And that George Stirling his Continouing more then tuo years upon the Councell thogh in different cappacities was a breach of the sett and that James Boudon being chosen a Baillie before he was a year or tuo upon the Councell was a breach of the sett And that William Menzies his Continouing more then tuo years as Thesaurer and ane year as old thesaurer was a breach of the sett And found the poynts proven sufficient to annull the electione at michaelmes of the whole magistrats and toune Councell And declared George Stirling James Boudon and William Menzies Incappable to have vote in the new electione which their Lordships appoynted to be upon the […] day of september last And therafter upon a Bill Given in by the pursuars Representing that what was done uould be Ineffectuall to their designe unless some more were declared Incappable to vote in that electione Their Lordships did lykewayes declare Sir Archibald Muir Incapable But this last electione proceeding farr more Irregularly and Illegally then any thing that was soe much as pretended against the electione at michaelmess Their Lordships Hes now reduced it upon clear and unansuerable nullities and Invasiones on the sett of the burgh And by the same decreit reductive It farder pleased their Lordships to ordaine the petitioners who were elected at Michaelmes last to reenter to the administratione of the government of the toune and exercise the same as their Lordships sentence pronunced the fourteenth day of February last bears But this sentence not having putt a finall end to their questiones And their Lordships first decreit Against the petitioners Reducing their said Electione standing still unrepelled The petitioners are necessitat both for their oune concerne and for the better setlement of the peace and good ordor of the burgh in tyme coming Againe to apply to their Lordships And to Represent In all Humility That though in the usuall course and forms practised before their Lordships They might upon good Grounds and reasons raise and prosecute a Reduction of the forsaid Decret Reductive yet they doe raither choyse to Lay their reasones before their Lordships by way of simple review protesting that if their appear any thing hard or uneasie in the termes wherin they are sett doune That this may be Imputed only to the Commone style of such Complaints and not in the least to any want of all due regaird to their Lordships honour and authority The reasones then of Reductione Against the forsaid decreit annulling the petitioners michaelmes electione which they now lay before their Lordships by way of review are as Folloues primo That the petitioners then defenders Did Crave that the pursuars might sign the Lybell In Respect it was defamatory Against the Magistrats and Councell And It being ansuered for the pursuars that severall of them were present and uould oune the Lybell yet ther is noe Interloquitor Given therin appoynting the pursuars aither to oune or signe the same Judicially or refuising the same Secundo It being alleadged for the petitioners That ther being only Eight called Ther could be noe process unless the whole Magistrats and Councell uere called because their Electiones was quarrelled as uell as the petitioners And It being ansuered that some of the petitioners were called upon particular Grounds And that ther was a Quorum called as parties and others as uitnesses Their Lordships repelled the dilator hoc Loco And declared that they uould Consider the same at advysing of the Cause And yet at the advysing therof though the citationes against the other parties who were Cited after the petitioners uere found null yet their Lordships advysed the Cause uithout giving ane Interloquitor as to that dilator And by that decreit annulled the electione of seventeen magistrats and Counsellors who uere not called therto Thirdly the Combinatione Lybelled Against Georg Stirling and others Is found probable by George Stirlings oath In so farr as the same may Inferr guilt against himself notuithstanding of this defence in the printed Informatione viz That Combinatione uithin burgh was a Capitall cryme By the seventy Eight Act of the fourteenth parliament James the second which Housoever it be restricted Cannot be referred to a mans oath by the claime of right Quarto The Decreit bears that upon the first day of december Their Lordships appoynted Informationes to be Given In against teusday the sixth And the Committie appoynted for examinatione of the uitnesses not Having concluded the probatione till tuelve of the clock that day The petitioners could not make their Informationes ready betueen tuelve of the clock and the sitting doune of the Councell that day yet the debate was advysed uithout the petitioners Informationes Craving that their Lordships uould consider the same And aither assoilzie the petitioners Remitt the affair to the Lords of Session or advyse the same uith his Majestie yet the bill receaved noe ansuer at all But that their Lordships adhered to their former Interloquitor uithout allouing the petitioners Informatione which was then given in to be redd Quinto The only Ground for annulling the electione of the Councell sustained by their Lordships was the turning out of the proxies the day of electione that voted to the Leets As to which the petitioners could represent not only the Grounds contained in their printed Informationes Evincing the changing of proxies not to be Inconsistent uith the sett and the Grounds represented in the bill that the altering of these proxies being only in the electing of magistrats and after the Councell was legally elected It could be noe ground to anull the former legall electione of the Councell whatever it might to annull the subsequent election of the magistrats And yet the decreit annulls the electione of the Councell alse well as to the magistracie and that not in modum poenae making them Incapable upon their delinquency which was not concluded But by declaring the electione of the Councell null upon that ground And yet ther is nothing lybelled nor concluded Against the electione of the Councell by way of nullitie except against some of the magistrats and four of the Councellors Sexto As to James Boudons being chosen a Baillie before he was one Councellor being sustained a breach of the sett and he declared Incappable to vote at the last electione the petitioners Could represent not only that that hes been Customary before to make them Baillies who had not been formerly Councellors for one year But in particular James Mclurg and Uilliam Patoune were chosen baillies themselves before they had been six weeks on the Councell who pretend to be strict adherers to the sett And the main sticklers against the petitioners upon that pretence And if James Boudons accepting the office of a Baillie before he was one year a Councellor made him Justly Incapable to vote Then James Mclurg who was guilty of the same fault should lykewayes have been made Incapable Septimo as to William Menzies and George Stirling The petitioners could not represent the grounds contained in their printed Informatione Evincing that their Continouing more then tuo years upon the Councell in different cappacities to be consistent uith the sett Togither uith many severall Instances of the lyke cases But also that which was represented by their Bill viz That the Incappacitie was not Concluded against them but only the annulling of their electione and turning them out of the Councell as a consequent therof For ther was noe more Concluded Against them nor against others and Incapacitie is noewayes Concluded by the Lybell But only punishment in the petitioners persones and goods which by noe Interpretatione can be extended to their fame Reputatione and right of burgeship octavo The petitioners could represent Against the Incappacitating of Sir Archibald Muir that It uas done upon the Eight day of December tuo dayes after the reductione of the petitioners electiones And the Incapacitating of James Boudon Uilliam Menzies and George Stirling And that it had no rise but a petitione from the pursuars Representing that all that was done would be Ineffectuall unless some more were Incapacitat And the pretences of their Bill Being fully ansuered be Sir Archibald He is Incapacitat by the said decreit not upon any thing represented in the bill But upon their Lordships Considering the Lybell and the ansuers and the book of the proceedings of the toune Councell of Edinburgh anent the Electione at michaelmes last Their Lordships found the poynt Lybelled Against him relevant and proven to Infer a breach of the sett uithout Condescending what the poynt was tho the whole straine of the Lybell did run against the said Sir Archibald And all that was said in the bill was fully taken off by his ansuers uhich Grounds and reasones of Reductione Being Humbly submitted to their Lordships review as said is The petitioners Doe furder offer to their Lordships Consideratione That If any thing occurred which uith any sheu of reasone might have been objected against them This did proceed as being warranted by long Custome which in matters of that kynd doeth in so long a progress of tyme ordinarly Introduce variationes which though when challenged may Give occasione to explaine and restore the originall sett and rule in tyme coming yet use not to be made use of to annull and make voyd what hath been bona fide done and acted upon the warrand of the said custome And therfore seing their Lordships hes most Justly reduced the electione last made And ordained the petitioners to Reenter to the administratione of the Government of the toune and to exercise the same And that the petitioners are uithall hopefull that the tyme that hath Interveened uith their Loyall and dutifull deportment may have Given some farder light as to their full vindicatione And therfore Humblie supplicating his Grace and their Lordships That the forsaid decreit reductive that stands against the petitioners michaellmes electione may be taken off and rescinded And that their said michaelmes electione may be declared good and Laufull In all tyme coming And appoynted the said pursuars to refound to the Toune Thesaurer the charges and expensses the Good toune hes been putt to In defending that malicious pursuite and reducing the forsaid unwarrantable electione as the said petitione bears Their Majesties High Commissioner and Lords of privie Councell Having Considered the petitione given In to them Be the Magistrats and toune Councell of Edinburgh elected at michaelmes Last uith the Ansuers made therto Be James McLurg and other merchants and tradesmen of Edinburgh They Find that the present Magistrats were by the former Interloquitor of Councell of the date the fourteenth day of February last by past ordained to reenter to the administratione and exercise of the government And doe now further declare that they are reponed And the said Lords of privie Councell doe heirby Repone them not only to the administratione and exercise but also to the right of the said magistracy as dewly elected therto at michaelmes last And to all effects whatsomever competent to magistrats laufully elected And that notuithstanding of the former sentence of Councell of the date the […] day of […] pronunced against their michaelmes electione rescinding the same which sentence is heirby reduced and declared voyde

Att Edinburgh the sixth day of June Jaj vic nyntie thrie years

A1693/6/361

Act

Act The magistrats and toune Councell of Edinburgh Elected at michaelmes and anent the decreit reducing that electione

Anent the petitione given In to their Majesties High Commissioner and Lords of privie Councell Be The provost Baillies and toune Councell of Edinburgh chosen at michaelmes last Sheuing That wher in a decreit of Reductione of the petitioners electione at michaelmes last pursued by James Mclurg and others Their Lordships found the turning out of the proxies elected the day of making the Leets 2 after they had voted to the Leeting and before they had voted to the electione of the Magistrats a breach of the sett of the Burgh And that George Stirling his Continouing more then tuo years upon the Councell thogh in different cappacities was a breach of the sett and that James Boudon being chosen a Baillie before he was a year or tuo upon the Councell was a breach of the sett And that William Menzies his Continouing more then tuo years as Thesaurer and ane year as old thesaurer was a breach of the sett And found the poynts proven sufficient to annull the electione at michaelmes of the whole magistrats and toune Councell And declared George Stirling James Boudon and William Menzies Incappable to have vote in the new electione which their Lordships appoynted to be upon the […] day of september last And therafter upon a Bill Given in by the pursuars Representing that what was done uould be Ineffectuall to their designe unless some more were declared Incappable to vote in that electione Their Lordships did lykewayes declare Sir Archibald Muir Incapable But this last electione proceeding farr more Irregularly and Illegally then any thing that was soe much as pretended against the electione at michaelmess Their Lordships Hes now reduced it upon clear and unansuerable nullities and Invasiones on the sett of the burgh And by the same decreit reductive It farder pleased their Lordships to ordaine the petitioners who were elected at Michaelmes last to reenter to the administratione of the government of the toune and exercise the same as their Lordships sentence pronunced the fourteenth day of February last bears But this sentence not having putt a finall end to their questiones And their Lordships first decreit Against the petitioners Reducing their said Electione standing still unrepelled The petitioners are necessitat both for their oune concerne and for the better setlement of the peace and good ordor of the burgh in tyme coming Againe to apply to their Lordships And to Represent In all Humility That though in the usuall course and forms practised before their Lordships They might upon good Grounds and reasons raise and prosecute a Reduction of the forsaid Decret Reductive yet they doe raither choyse to Lay their reasones before their Lordships by way of simple review protesting that if their appear any thing hard or uneasie in the termes wherin they are sett doune That this may be Imputed only to the Commone style of such Complaints and not in the least to any want of all due regaird to their Lordships honour and authority The reasones then of Reductione Against the forsaid decreit annulling the petitioners michaelmes electione which they now lay before their Lordships by way of review are as Folloues primo That the petitioners then defenders Did Crave that the pursuars might sign the Lybell In Respect it was defamatory Against the Magistrats and Councell And It being ansuered for the pursuars that severall of them were present and uould oune the Lybell yet ther is noe Interloquitor Given therin appoynting the pursuars aither to oune or signe the same Judicially or refuising the same Secundo It being alleadged for the petitioners That ther being only Eight called Ther could be noe process unless the whole Magistrats and Councell uere called because their Electiones was quarrelled as uell as the petitioners And It being ansuered that some of the petitioners were called upon particular Grounds And that ther was a Quorum called as parties and others as uitnesses Their Lordships repelled the dilator hoc Loco And declared that they uould Consider the same at advysing of the Cause And yet at the advysing therof though the citationes against the other parties who were Cited after the petitioners uere found null yet their Lordships advysed the Cause uithout giving ane Interloquitor as to that dilator And by that decreit annulled the electione of seventeen magistrats and Counsellors who uere not called therto Thirdly the Combinatione Lybelled Against Georg Stirling and others Is found probable by George Stirlings oath In so farr as the same may Inferr guilt against himself notuithstanding of this defence in the printed Informatione viz That Combinatione uithin burgh was a Capitall cryme By the seventy Eight Act of the fourteenth parliament James the second which Housoever it be restricted Cannot be referred to a mans oath by the claime of right Quarto The Decreit bears that upon the first day of december Their Lordships appoynted Informationes to be Given In against teusday the sixth And the Committie appoynted for examinatione of the uitnesses not Having concluded the probatione till tuelve of the clock that day The petitioners could not make their Informationes ready betueen tuelve of the clock and the sitting doune of the Councell that day yet the debate was advysed uithout the petitioners Informationes Craving that their Lordships uould consider the same And aither assoilzie the petitioners Remitt the affair to the Lords of Session or advyse the same uith his Majestie yet the bill receaved noe ansuer at all But that their Lordships adhered to their former Interloquitor uithout allouing the petitioners Informatione which was then given in to be redd Quinto The only Ground for annulling the electione of the Councell sustained by their Lordships was the turning out of the proxies the day of electione that voted to the Leets As to which the petitioners could represent not only the Grounds contained in their printed Informationes Evincing the changing of proxies not to be Inconsistent uith the sett and the Grounds represented in the bill that the altering of these proxies being only in the electing of magistrats and after the Councell was legally elected It could be noe ground to anull the former legall electione of the Councell whatever it might to annull the subsequent election of the magistrats And yet the decreit annulls the electione of the Councell alse well as to the magistracie and that not in modum poenae making them Incapable upon their delinquency which was not concluded But by declaring the electione of the Councell null upon that ground And yet ther is nothing lybelled nor concluded Against the electione of the Councell by way of nullitie except against some of the magistrats and four of the Councellors Sexto As to James Boudons being chosen a Baillie before he was one Councellor being sustained a breach of the sett and he declared Incappable to vote at the last electione the petitioners Could represent not only that that hes been Customary before to make them Baillies who had not been formerly Councellors for one year But in particular James Mclurg and Uilliam Patoune were chosen baillies themselves before they had been six weeks on the Councell who pretend to be strict adherers to the sett And the main sticklers against the petitioners upon that pretence And if James Boudons accepting the office of a Baillie before he was one year a Councellor made him Justly Incapable to vote Then James Mclurg who was guilty of the same fault should lykewayes have been made Incapable Septimo as to William Menzies and George Stirling The petitioners could not represent the grounds contained in their printed Informatione Evincing that their Continouing more then tuo years upon the Councell in different cappacities to be consistent uith the sett Togither uith many severall Instances of the lyke cases But also that which was represented by their Bill viz That the Incappacitie was not Concluded against them but only the annulling of their electione and turning them out of the Councell as a consequent therof For ther was noe more Concluded Against them nor against others and Incapacitie is noewayes Concluded by the Lybell But only punishment in the petitioners persones and goods which by noe Interpretatione can be extended to their fame Reputatione and right of burgeship octavo The petitioners could represent Against the Incappacitating of Sir Archibald Muir that It uas done upon the Eight day of December tuo dayes after the reductione of the petitioners electiones And the Incapacitating of James Boudon Uilliam Menzies and George Stirling And that it had no rise but a petitione from the pursuars Representing that all that was done would be Ineffectuall unless some more were Incapacitat And the pretences of their Bill Being fully ansuered be Sir Archibald He is Incapacitat by the said decreit not upon any thing represented in the bill But upon their Lordships Considering the Lybell and the ansuers and the book of the proceedings of the toune Councell of Edinburgh anent the Electione at michaelmes last Their Lordships found the poynt Lybelled Against him relevant and proven to Infer a breach of the sett uithout Condescending what the poynt was tho the whole straine of the Lybell did run against the said Sir Archibald And all that was said in the bill was fully taken off by his ansuers uhich Grounds and reasones of Reductione Being Humbly submitted to their Lordships review as said is The petitioners Doe furder offer to their Lordships Consideratione That If any thing occurred which uith any sheu of reasone might have been objected against them This did proceed as being warranted by long Custome which in matters of that kynd doeth in so long a progress of tyme ordinarly Introduce variationes which though when challenged may Give occasione to explaine and restore the originall sett and rule in tyme coming yet use not to be made use of to annull and make voyd what hath been bona fide done and acted upon the warrand of the said custome And therfore seing their Lordships hes most Justly reduced the electione last made And ordained the petitioners to Reenter to the administratione of the Government of the toune and to exercise the same And that the petitioners are uithall hopefull that the tyme that hath Interveened uith their Loyall and dutifull deportment may have Given some farder light as to their full vindicatione And therfore Humblie supplicating his Grace and their Lordships That the forsaid decreit reductive that stands against the petitioners michaellmes electione may be taken off and rescinded And that their said michaelmes electione may be declared good and Laufull In all tyme coming And appoynted the said pursuars to refound to the Toune Thesaurer the charges and expensses the Good toune hes been putt to In defending that malicious pursuite and reducing the forsaid unwarrantable electione as the said petitione bears Their Majesties High Commissioner and Lords of privie Councell Having Considered the petitione given In to them Be the Magistrats and toune Councell of Edinburgh elected at michaelmes Last uith the Ansuers made therto Be James McLurg and other merchants and tradesmen of Edinburgh They Find that the present Magistrats were by the former Interloquitor of Councell of the date the fourteenth day of February last by past ordained to reenter to the administratione and exercise of the government And doe now further declare that they are reponed And the said Lords of privie Councell doe heirby Repone them not only to the administratione and exercise but also to the right of the said magistracy as dewly elected therto at michaelmes last And to all effects whatsomever competent to magistrats laufully elected And that notuithstanding of the former sentence of Councell of the date the […] day of […] pronunced against their michaelmes electione rescinding the same which sentence is heirby reduced and declared voyde

1. NRS, PC1/49, 76-80.

2. The phrase ‘and before’ scored out here.

1. NRS, PC1/49, 76-80.

2. The phrase ‘and before’ scored out here.