Act, 9 October 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the nynth of October Jaj vjc nyntie four years

D1694/10/21

Act

Act The Toune of Air

Anent a Petition given in to the Lords of their Majesties privy Councill be David Fergusone for himself and in name and behalf of the toune Councill and Comunitie of the burgh of Air Shewing That wher at the late electione of the provest and baillies for the burgh of Air Hew Crafurd Designeing to be provest per fas aut ne fae did not only Contrive the excluding of severall of the Ellectors by unwarrantable Captiones But the very time of the electione and in the full meeting of the Magistrats old and new Councill and Deacones of Trades take upon him by himself alone to receive objectiones against Alexander Adair and George Brown both electors and to admitt and swear witnesses and pronunce sentance rejecting them from any voice in electing not only without the Concurrence But against the Declaired Judgment of the pluralitie of votes were against him did at his oun hand strick out one of the votes and then alledged that they were pares betwixt John Osburne and him notwithstanding that the plurality of the Councill did declair that the said John Osburne hade Caried it But he not resting on their Declaratione proceids farder to Call a rable that he hade prepaired and order them to come in and break open the door if they found resistance and when they were come in with swords staffs and battons and much Clamour and threatning he asked them who should be provest and getting their approbatione he instantly Compelled the Clerk to administrat to him the oathes upon all which the petitioners have raised a lybell before the saids Lords and doe instantly instruct the most part of what is here represented by instruments ready to be produced And seing that the forsaid Competitione of two provests may in the mean time occasione Disturbance and quarells in the place, and that the Government in the toune may be securely Lodged in the hands of the other Magistrats Chosen with great unanimitie untill the electione of the provest shall be determined And Therfore Humbly Craveing the saids Lords for the security and quyet of the place to discharge the said Hew Crafurd and likewayes the said John Osburne to offer to exerce the office of provest within the said burgh untill that the questione of their electione shall be determined by the saids Lords upon the actione raised at their instance for that effect And in the mean time to Comand the other magistrats to see to the place and good of the burgh as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above David Fergusone for the toune of Air for himself and in name and behalf of the toune Councill and Comunity of the said burgh with another petitione be Hew Hamiltone in name of Hew Crafurd therin designed provest of Air They heirby Discharge the above Hew Crafurd and John Osburne both pretending to have been elected provest of Air at this last election or either of them to exerce the office of provest of the said burgh Or to doe any act or deed Competent to that office Untill the fiftein day of november nixt to come and in the mean time Allowes and Commands both parties to raised process and insist against each other hinc inde That it may appear which of the two were legally elected provest And Commands and ordaines the other Magistrats and Councill of the said burgh to exercise their offices and to see the peace and good order of the burgh.

Edinburgh the nynth of October Jaj vjc nyntie four years

D1694/10/21

Act

Act The Toune of Air

Anent a Petition given in to the Lords of their Majesties privy Councill be David Fergusone for himself and in name and behalf of the toune Councill and Comunitie of the burgh of Air Shewing That wher at the late electione of the provest and baillies for the burgh of Air Hew Crafurd Designeing to be provest per fas aut ne fae did not only Contrive the excluding of severall of the Ellectors by unwarrantable Captiones But the very time of the electione and in the full meeting of the Magistrats old and new Councill and Deacones of Trades take upon him by himself alone to receive objectiones against Alexander Adair and George Brown both electors and to admitt and swear witnesses and pronunce sentance rejecting them from any voice in electing not only without the Concurrence But against the Declaired Judgment of the pluralitie of votes were against him did at his oun hand strick out one of the votes and then alledged that they were pares betwixt John Osburne and him notwithstanding that the plurality of the Councill did declair that the said John Osburne hade Caried it But he not resting on their Declaratione proceids farder to Call a rable that he hade prepaired and order them to come in and break open the door if they found resistance and when they were come in with swords staffs and battons and much Clamour and threatning he asked them who should be provest and getting their approbatione he instantly Compelled the Clerk to administrat to him the oathes upon all which the petitioners have raised a lybell before the saids Lords and doe instantly instruct the most part of what is here represented by instruments ready to be produced And seing that the forsaid Competitione of two provests may in the mean time occasione Disturbance and quarells in the place, and that the Government in the toune may be securely Lodged in the hands of the other Magistrats Chosen with great unanimitie untill the electione of the provest shall be determined And Therfore Humbly Craveing the saids Lords for the security and quyet of the place to discharge the said Hew Crafurd and likewayes the said John Osburne to offer to exerce the office of provest within the said burgh untill that the questione of their electione shall be determined by the saids Lords upon the actione raised at their instance for that effect And in the mean time to Comand the other magistrats to see to the place and good of the burgh as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above David Fergusone for the toune of Air for himself and in name and behalf of the toune Councill and Comunity of the said burgh with another petitione be Hew Hamiltone in name of Hew Crafurd therin designed provest of Air They heirby Discharge the above Hew Crafurd and John Osburne both pretending to have been elected provest of Air at this last election or either of them to exerce the office of provest of the said burgh Or to doe any act or deed Competent to that office Untill the fiftein day of november nixt to come and in the mean time Allowes and Commands both parties to raised process and insist against each other hinc inde That it may appear which of the two were legally elected provest And Commands and ordaines the other Magistrats and Councill of the said burgh to exercise their offices and to see the peace and good order of the burgh.

1. NRS, PC2/25, 63r-64r.

1. NRS, PC2/25, 63r-64r.