Warrant, 31 December 1695, Edinburgh

Hollyruidhouse Tuesday 4th June 1695

D1695/6/3

D1695/6/3¹

Decreet

Decreet² Bell contra The magistrats of Linlithgow

Anent the Lybell or Complaint Raised before the Lords of his majesties privy Councill at the instance of William Beell toune Clerk of Linlithgow with Concourss of Sir James Stewart his majesties advocat for his majesties intrest in the matter underwryten Making Mention That quher the malicious oppressing of the leidges and the sumar turning them out of the possessione of ther offices Especially when the same is done by magistrats in shew and Collour of Justice Wherby the authoritie that was Lodged in their hands for the support and maintinance of the Just right and possessiones of his majesties Leidges is abused and turned into a mean of oppressione, And when the Samen practise hath been done by reiterat deeds In such a Sumar method as that ther was no way left to obtaine a redress by suspensione or advocatione in the ordinar maner Is a Crime of high nature and severly punishable nevertheless It is of verity That Robert Turnbull provest of Linlithgow Heirome Hunter William Inglis Robert Androw and Robert Heggins baillies their Adam Buckney Dean of Gild ther John Wauch Thesaurer ther Robert Barclay Deacon of the Smiths Alexander Gibb deacon of the Taylors John Balderstaine Deacon of the baxters James Bill deacon of the Cordiners, Thomas Heggins Deacon of the Weavers John Leven Deacon of the Wrights William Peebles Deacon of the Coupers George Whit Deacon of the Fleshers John Fearn John Currie William Niccoll Mr George Inglis Thomas Androw James Johnstone, Alexander Mastertoune John Bairdy James Wauch, James Young William Heggins and Robert Clerk all Councillors in the said burgh of Linlithgow are guilty or airt and pairt of the said Crime In so farr as the pursuers being admitted toune Clerk of Linlithgow dureing life in anno J^aj vj^c Eightie two and haveing accordingly possest the same for severall years untill the year J^aj vj^c Eightie Seven And them the magistrats for the time did Impetrat a letter from the late King James for turning the said pursuer Sumarly out of his possessione and office But after the revolutione of the Government such streitches being notticed by the claime of ryt The said William Bell persewer was reponed to his former right and possessione notwithstanding the magistrats for that time haveing the same arbitrary inclynatione did by their authoritie most unwarrantably dispossess the said pursuer by a Decreet equally defective in Justice and forme however the said William Bell was Dispossest in such a Summar maner as that he hade no possible mean left him aither to Advocat or suspend, But was necessitate to raise a reductione before the Lords of sessione which did not terminat for ane Considerable time and did occasione great expence of which he obtained no redress but was glad to be reponed by the authoritie of the Lords of sessione, yet the same present magistrats have followed the same method with ther predecessors and have againe turned the said pursuer out of the possession of his office by a pretended decreet of Deprivatione prepaired pronunced and executed by dispossessing the said pursuer so sumarly as that ther was no means left to prevent the pursuers dispossession by suspensione In so farr as ther being ane extraordinary Councill Called upon the nyntein day of Aprill Last The meeting of that Councill was intimate to all the members and amongst others to the said pursuer who did attend as Clerk according to his duty, Bot so soon as the Councill as mett he understood the busines of the meeting was to Judge upon the two Lybells prepaired against him of which he hade no previous intimatione and ther Lybells being publictly read the said nynteinth day of aprill The said pursuer not being cited to that effect and haveing no advice was surprized and being presently put to make ane answer he Could not obtaine the favor or Justice or a double of his Lybell, But with difficulty gott one dayes delay, and the said pursuer having gone to Edinburgh to advice the matter Confidently beleiveing that the magistrats would not arbitrarly pass over both relevancie and probatione The said William Bell was the very nixt day being the twenty of Aprill deprived and another Imediatly put in³ possession who subscryved the said pursuers act of Diprivation as Clerk by Which sumar procedure the magistrats who hade formerly showen themselves, partiall and unjust towards the said pursuer ther was no way left to advocat before sentance nor suspend after because the sentance was instantly execute and as to the grounds of deprivation the same appears obviously to be frivilous and Lame pretences In so farr as they are only two, First that the said pursuer did not observe the act of parliament J^aj vj^c Eighty one wherby minut books of sassins are to be keeped be the toune Clerk and to be quarterly Compared and signed by the magistrats Which pretended crymes can be easily purged In so farr as albeit that part of the act of parliament did take Litle effect in any part of the kingdome and the⁴ duty enjoyned by it Lyes Cheifly on the magistrats to Call for and signe the books quarterly yet it hapned so weell that the said pursuer did punctually observe the Law whilk it stood and did exactly keep a minute book Which is severall times signed by the magistrats so oft as they called for the same But ther being ane latter act of parliament in the year J^aj vj^c Nyntie thrie appointing the ingiver of all sasines to signe the minute book expressing the day and hour of presenting of the same the former act of parliament J^aj vj^c Eightie one was therby Innovat and become useless, so that the Calling for a minute book to be signed Conforme to act of parliament J^aj vj^c and Eightie one was meerly Captious malicious and unwarrantable, The second Lybell was that the Gildrie haveing a designe to purchase Certaine Lands belonging to the Airs of George Bell and having adjudged the same for payment of Certaine debts the said pursuer Contrar to his trust obtained the said George Bells air infeft in the⁵ Lands and purchased ane right to the reversion from him in prejudice of the Gildrie, Which point⁶ is fully alse frivilous and Irrelevant as the former and nowayes proven in so much as it is not instructed that he acquyred right to the forsaid adjudicatione Led at the instance led at the instance⁷ of the Dean of Gild, and esto he hade established such a right in his persone, yet this can be ground of Malversatione In alse much as the saids Lands belonging to George Bell having once belonged to the said pursuers Gransire Guidsire, and uncle and the present heritor the pursuers Cousin german not being able to redeem the samen The said pursuer thought it very reasonable and kyndly and nowayes prejudiciall to any for him to purchase the reversione of Lands belonging to his forfathers as said is, And the toune Cannot therby be prejudged seing their adjudicatione was redeemable, Whither he hade acquyred right to the reversione or not and he never intended to prejudge the toune of any Soumes that was truely advanced by them And by ane act of the Dean of Gild Court in anno J^aj vj^c nyntie two It appears that the toune did never designe that the saids Lands should belong to them Irredeemably But rather that the adjudicatione should secure them of the Soumes they hade advanced In so far as by the express words of the forsaid act, The Gildry hade ane prospect of receiving of ther money The words of the act being That ther adjudicatione was to be Ledd for secureing them in these Lands ay and whill they were sufficiently refounded and payed of all debts and soumes of money principall annualrents and expences Conforme to the Decreet of adjudicatione to be recovered, and of all other Soumes that should be found due to the Gildry by the said deceast George Bell in any maner of way, and the toune Could never expect to obtaine the heritaball right be vertue of the said adjudicatione Led at the instance of ther dean of Gild Seing the lands are of a farr greater value then the soumes therin Contained and how that purchase can be Streatched into the Cryme of breach of Trust or quherin the Gildery can pretend a prejudice if they be payed of their Just debt Is not Conceiveable, yet these two Imaginable crymes are made the pretence of the pursuers deprivatione And seing the emoluments of that office are very mean and inconsiderable and that the said pursuer has now been a thrid time Sumarly dispossest in ane arbitrary maner, And that it does appear the Magistrats have determined alse oft to dispossess as the Law and great expence doeth obtaine a repossessione and to weary out the said pursuer by expenses and damnage exceiding the profit of his place It is therfore most Just and necessary that the Lords of privy Councill who are the most Competent to take off or stopt the effect of such sentances are as execute as speedily as pronunced and pronunced as soon as raised Doe interpose and protect the said pursuer from the effect of such Malicious attempts And Therfore the said pursuer ought and should not only be repossessed but reimbursed of the soume of fyve thousand merks scots money as his damnage first and last and the saids defenders severly punished in ther person and goods to the teror and example of others to Comitt the like in time comeing And Anent the Charge given to the haill forenamed persones defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the forsaid Complaint and to have heard and seen such order and Course taken theranent as appertaines under the paine of rebellion etc as the principall Lybell or letters of Complaint raised in the said matter with the executiones therof at more length bears, And the said Lybell or Complaint being this day Called in presence of his majesties high Commissioner and the Lords of privy Councill And the pursewer Compearing personally with Sir James Ogilvie Mr Robert Bennet and Mr James Hamilton his advocats And all the defenders Compeiring also personally (except Thomas, Androw, Alexander Mastertoune and James Wauch Councellors) With Sir James Stewart his majesties advocat Mr John Meinzies and Mr Robert Stewart ther advocats The Lybell and answer therto both read and both parties procurators fully heard and the lybell and answers and writtes produced for both parties and the wholl matter being at Length Considered His Majesties high Commissioner and the saids Lords of privy Councill Doe heirby Repone the said William Bell persewar to his said office of Toune Clerk of Linlithgow from Which they find that he was Illegally put away, And Ordaines the magistrats and toune Councill of Linlithgow to enter and repossess the said William Bell to his said office, And Ordaines the said William Bell to find suficient Cautione acted in the books of privy Councill that he shall make furthcomeing the profitts and emoluments which he shall receive by vertue of his said office after he is repossessed to any persone who shall be found to have best right therto after the point of right shall be discust be the Lords of sessione And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron informe as effeirs.