Decreet, 7 December 1699, Edinburgh

Warrant, 21 December 1699, Edinburgh

Att Edinburgh The Seventh day of December Jaj vic Nyntie Nyne years

D1699/12/21

Decreet

Decreit absolvitor John Mores and others Against Nairn and others in St Androwes

Anent the Lybell or letters of Complaint purchased and raised before the Lords of his majesties privy Councill at the instance of Mr Thomas Nairne of Cragtoune late Dean of Gild of the burgh of Saind Androw’s John Lundie younger of Baldester Likewayes Late Dean of Gild of the said burgh James Smith late Baillie ther and John Wilsone late thesourer ther for them selves and the remanent gild bretheren of the said burgh as also Robert Watsone deacon of the Hammermen of the said burgh with Concourse of Sir James Stewart his majesties advocat for his highnes intrest in the matter underwryten Making Mention That wher by the Lawes and acts of parliament the governmint of the burghes within this kingdome Ought to be Legally and orderly and the election of officers in Burgh ought to be without partiallity or mastership, and that their ought to be no oppression of Nighbours within the Same Likeas all publict allowed Records Ought to be keept intire without vitiatione or Laceratione, And that to doe in the contrary are Crymes of ane high nature and ought to be Severly punished Nevertheless It is of verity That John Morise one of the Baillies of the said burgh being also Baillie for the year Jaj vic Nyntie Seven years and Some one or other of his Colligues with him haveing by themselves without the knowledge and Consent of the Dean of Gild and his assessors admitted in the said year Jaj vic Nyntie Seven Mr Robert Hay of Drumcaro and others to be burgesses and Gild brothers of the said burgh And the said Mr Thomas Nairne of Craigtoune then dean of Gild haveing therupon called a Dean of Gild Court of the whole Gild bretheren They did then and therin Declare the forsaid Admission unlawfull and Resshinded the same with the saids burgesships, ordaineing that for the future no Burges or Gild brother should be made and admitted without Consent of the Dean of Gild and his assessors and made ane act to that effect which was duely recorded in the Dean of Gilds books Notwithstanding wherof the said John Morise being resolved to cary the electione of the officers of the said burgh at Michellmass last, By paine partiality and Mastership, He and others his Accomplices upon the Wedensday preceeding the said Micheallmiss electione brought in and procured the said Mr Robert Hay whose burges-shipp was resinded as said is to be one of the thrie Gildriemen and Councill to be added according to the Sett of the burgh for electing of the New Magistrats on the Tewsday ensueing and Farder on the Fraday after the said Wedensday they procured the said Mr Robert Hay to be one of the thrie Leitts for Dean of Gild, and all this notwithstanding that the saids John Lundie and John Wilsone protested against this procedure as illegall and disorderly Likeas upon Tuesday the said day of electione was come the said Mr Robert Hay hade not above two or thrie votes and the vote running for ane James Fogo merchant in the said burgh He declined to accept, so that this election was not only Illegall, Bot by reasone of the forsaid Disorder the burgh wants a dean of Gild and in effect the forsaid disorder visibly affecting and influenceing the election of the whole magistrats hath also occasioned that the persone Chosen to be the Town thesaurer did Likewayes refuse to accept Bot the said John Morise instead of being Sensible of his disorder and missgovernment wherof he himself was the principall author became so masterfull and presumptuous that drawing in Androw Finisone Clerk to the Guildrie to partake with him, He caused the said Androw to produce to him the register of the Gildrie, and then the said John Morise at his own hand did most maliciously and arrogantly Lacerat and Tear out the leaff upon which the forsaid act of the Gildrie was wryten and recorded, And some Lines of that act haveing runn over to another Leave he Likewayes relate the same by rolling and scoreing which was a great vitiatione, And that the Lords of his Majesties privy Councill may yet better observe the influence and progress of these evill practises Because the said Robert Watsone Deacon did not vote to the electione of the said thrie Guildrie Councill as did William Thomsone the Deacon Conveener Bot that the said Robert Watson voted contrare to him, Therfore the said Deacon Conveener Called his Conveeners Court and therin fined the said Robert Watsone in twenty pounds Scots, And alse scored off the said Robert Watson from the said Tread and discharged the Hammermen from owning him as their deacon or Member of their incorporatione as for a breach of a pretend unlawfull act of the same Court, That all Deacons should vote as the Deacon Conveener votes, and non of them vote against him By all which it was evident that the present Condition of the said burgh doeth call for the Correctione and regulation of the saids Lords of his Majesties privy Councill And that not only the electione of the whole magistrats for this year was quarallable As Likwayes the offices of Dean of Gild and Thesaurer Vaccant within the said burgh, Bot also that the saids John Morise Androw Fenisone and William Thomsone are guilty airt and part of the disorders and Crymes above lybelled and for veriefieing therof, Ought and Should produce and exhibit the forsaid dean of Gilds book in presence of the Lords of privy Councill, And that the saids Lords Should not only Declair the forsaid whole electione void, And Ordaine a new electione of offices for the said burgh to be Legally and orderly made for this present year Jaj vic Nyntie Nyne Bot also that they should Decerne and Ordaine the saids John Morise Androw Fenisone and William Thomsone to be punished in their persones and goods and declared incapable to vote or to bear any office within the said burgh For such time as the saids Lords of his Majesties privy Councill Shall think fitt And to pay the haill expensses of plea, To the example and terror of others to Committ the Like in any time comeing And Anent the Charge given to the Lords haill fornamed persones defenders To have Compeared before the saids Lords of his Majesties privy Councill personally at ane Certaine day now by gone To have answered to the points of the said Complaint Bringing with them the forsaid Dean of Gilds books and to hear and See Such order and Course to be taken theranent as they should find Just As in the principall Lybell or Letters of Complaint raised in the said matter at mair Length is Contained Which lybell being upon the day and date hereof called in presence of the Lords of his majesties privy Councill And the haill pursuers Compearing personally (Except the said Thomas Nairne and John Watsone) with Sir Alexander Home and Mr David Dalrymple their advocats and the haill defenders Compearing all personally with Mr David Cuninghame and Mr Robert Cook their advocats The lybell and answers made therto be the defenders viz the said John Morise Androw Finnisone Clerk and William Thomsone Deacon Conveener wherof the tenor followes Viz at the ordinar time of election of the magistrats of St Androwes, The Magistrats and Councill elected the Earle of Crafurd Provest Mr Alexander Nairne, George Rymer Alexander Forier and John Moris baillies and the other officers of burgh to the universall satisfactione of the nighbourhead, John Lundie of Baldestard ane honourarie burges and inhabitant within burgh by occasione of being farmorer of the Bishop of St Androues rents being advanced to be Dean of Gild And haveing used many indeavors insinuationes and even made promises to Some of the Nighbours to be elected provest, and oftner then once or twise disappointed by the Electione forsaid wherin John Moriss present Baillie constantly wncurred and refused all the insinuationes made to him by the said John Lundie of Baldester his freinds, John Lundie being thus disappointed of being provest Mr Thomas Nairne and James Smith of the Severall offices projected for them to be avenged of the said John Moriss not presumeing to attack the Earle of Crafurd provest, And the other Baillies raises a lybell before the Saids Lords with Concourse of his majesties advocat Lybelling that the electione of magistrats by partiallity and mastership and the tearing of Authentick registers are Crymes of ane high nature, and that notwithstanding therof and albeit Mr Thomas Nairne one of the pursuers whill dean of Gild with advyss of his assassors hade Reschinded the burges-shop Conferred upon Mr Robert Hay of Drumcare by John Mories baillie, yet the said John Moris with Androw Finisone Clerk in order to carie the present electione Teared out of the Register the forsaid act Reschinding the said Mr Robert Hay his being burges and put him upon the Lites of Dean of Gild, and that Robert Watsone Deacon of the Hammermen not haveing voted conforme to ane act of the meeting of the trades William Thomsone Deacond Conveener fined him, and ordained the trades to disown him as a member, And therfore Concludes that defenders are guiltie of a Ryot and that the Town wanting proper officers could only be assisted by the saids Lords And that the electione Ought to be void and the defenders condemned in the pursuers expenses To Which Its answered that the Burgh of St Androwes as all the other burghs of the Kingdome are very Sensible of the honor and advantage they have from their honorarie burgesses admitted by the magistrats when Conveened and togither or by ane Simple Magistrat, alone, and by their being officers within burgh, and by their representing severall burrowes in parliament and all those honorarie burgesses hath given tender respect to the burghs wherof they were burgesses and were satisfied with the offices they were Imployed in without aspireing to any other Only John Lundie of Baldester being disappointed as said is, and not knowing the Constitutione of the burgh or of the Guildrie Which is Guilda Mercatorum Constitute of the Deen of Gild and his breetheren wherof the Magistrats are necessarie members since quibus non, Which Gilda Merceatorum Is a Court for decideing of all differences betwixt merchant and Merchant or merchant and Mariner as appears by the 180 act of the 13th parliament King James the Sixth intitulled Confirmatione of the Dean of Gilds Jurisdiction, So that the Dean of Gild has no power nor authority to make Statutes for regulating the burgh for admitting of burgesses or reschinding their admissions, That being the province of the magistrats and Councill exerced by the magistrats Joyntly and even severally at occasiones when the Other Magistrats are absent or Cannot attend the Stranger to whom the freedome of the burgh is conferred as is knowen to the saids Lords, and is the dayly practise of all the burghs of the kingdome and if the Gentlmen are admitted burgesses by the magistrats he is able to affront them, and so no Gentlman will ever become freeman of ane burgh Bot this is So gross, and no wher practised, That it needs not be insisted on, The City of Edinburgh the principall burgh of the natione, and so whose freedome is most valuable and yet is Conferred in maner forsaid, and never Controlled nor pretended to by any of the Dean of Gilds nor ever would by any other who understood the intrest of Burrowes, The act of Dean of Gild Nairne if any Such was Reschinding the admission of Mr Robert Hay of Drumcaro to be burges of St Androwes was ane insolent usurpation upon the Magistrats and punishable conforme to the Law of the burgh As appears by the Eightie Eventh act of the Sixt parliament King James the fourth, And by the Statuts and Customes of all burghs any persones acting out of his sphear his acts are null and highly punishable and so this Deen of Gild having usurped upon the magistrats power and reschinded their acts He and his bretheren being only Judges betwixt merchant and merchant Or merchant and mariner The said act was null and the magistrat without farder regaird therto might Lawfullie tear the same, And though John Mores denyes doeing therof all one, yet what ever was done therin He Concurred with the magistrats and Councill Who have Ratified the tearing and Reschinded that act, The Act being thuse reschinded by the magistrats and toune Councill, And the Conclusion of the Lybell being that their electione should be Declared Null the persuers appear also Ignorant of the formes of process as of the power of the Dean of Gild for seing the tearing of the act of the Guildrie admitting Mr Robert Hay as burges Is Ratified and approven by the magistrats and toune Councill and that their election is Craved to be declared voyd and Null as the lybell does not inferr the COnclusione so the same cannot be insisted in untill they be called And Seing the Lybell is so Calumnious and ill founded upon ane Insolent usurpation against the Magistrats The saids Lords would never grant such warrand, Wheras It was Lybelled That William Thomsone fyned and Decerned Robert Watsone for not voteing at the rest of the trades, The lybell is denyed for he was fyned for his other enormities And does not Concurr in the proces, And how ever the ordinar Course of Justice by Suspensioner or reductiones was only proper without troubling the saids Lords, By all which it wes clear That the Dean of Gild Insolently usurped against the Magistrats in Reschinding the admission of Mr Robert Hay of Drumcaro to be burges and that Therfore the magistrats did Lawfullie Tear that act and Ratifie and approve the tearing, And wherof the Compleaners appear Conscious by not citeing of them, and so the lybell cannot be insisted in either for annulling of what they have done or of their Electione, And Therfore the pursuers as usurpers against the Magistrats and disturbers of the queit ought to be Decerned in large expensses as the answers bears Being Read, And the defenders Advocats haveing Craved a protestatione for not insisting at the said defenders instance against the said Thomas Nairn and Robert Watsone In Respect of their absence and not Compearance The Councill Have Admitted and hereby Admitts protestatione in the termes forsaid for not insisting in the termes forsaid, and Have assoylzied and hereby Assoylzies the saids Thrie defenders from the points and articles of the said Summonds In so farr as concernes the said Thomas Nairne and Robert Watsone and Declares them quyte therof and free therfrae in all time comeing, Untill they be of new cited againe at their instances for that effect And have Modified and hereby Modifies the Soume of Ten pounds Scots of Protestatione money to be payed by each of the saids two pursuers not Compearing as said is, To the saids defenders And Ordaines Letters of horning and other necessaries to be direct hereon under the Signet of privy Councill for payment of the same informe as effeirs, And therafter both parties being fully heard with their Lawiers And the saids Lords haveing Considered the Lybell, They Have Refused and hereby Refusses to Sustaine the Lybell as relevant Therafter a petition being given in by the pursuers and read in presence of the Lords of his majesties privy Councill upon the Nyntein of December instant Shewing That wher the petitioners haveing raised a lybell before the saids Lords against John Mores baillies in St Androwes, Androw Phinisone Clerk ther, and William Thomson Deacon Conveener ther upon grounds of Law and matter of fact that appeared most relevant It pleased the saids Lords upon answers and defences given in be the defenders (which yet upon Tryall it wes hoped Should be found groundless, To lay asyde the forsaid Lybell as not relevant, as to which the petitainer humbly Represents That his majesties advocat for his highnes intrest was not heard, and that the matters in difference doe really concerne the weell and queit of the burgh, It was hoped the saids Lords would grant a new hearing for the reasones following First because the Crymes Lybelled viz the useing of mastership and partiallity of the electing of officers within burgh and the tearing Cutting and Lacerating of Authentick Registers and the fyneing and punishing of persones for voteing freely according to their Oath and duty are Certainly Crymes of a high nature that cannot be contested, and if Transgressions of this kynd should pass unpunished no doubt they will proceed to all maner of disorder and Confusion, Secundly Because the Lybell did no Less clearly Subsume, That Baillie Mores was guilty of partiality and masterfull ship in electing of the Towns officers In swar farr as he with Some others his partakers did make burgesses and Gild bretheren in a privat maner without Consent of the Dean of Gild which is no dowbt unwarrantable, For the defenders alledged that the Dean of Gilds Consent was not necessary yet the contrair is Certaine in all the burghs of Scotland, and to make a gild brother without the Dean of Gilds Consent was evidently absurd, Its true in Some cases the Dean of Gilds Consent is Supposed wher he doeth not Contradict, Bot in this case the Dean of Gild both dissented and contradicted For Tertio So Soon as the Dean of Gild heard of what Baillie Mores hade unwarantablie done at his own hand, he called a Court and disaproved the deed, and farder for a Check in time comeing made ane express act, That no Gild brother should be made for hereafter without the Dean of Gilds consent which was a most Lawfull act, Importing no more then the Ratification of the Dean of Gilds power and priviledge and former acts to that effect Bot Quarto Baillie Mores proceeding in his partiallity and mastership regairds not the dean of Gilds dissent nor act of the Gildrie, Bot first brings the men whom he hade unlawfullie made a gild brother to be one of the thrie Gild brethrein upon the Councill, and then makes him one of the thrie Leits to be dean of Gild and least the forsaid act of the Guildrie Should rise in Judgment against him, He prevaills with Finnisone Clerk to the Dean of Gild Court To bring him the books and records of the Courts, and then at his oun hand tears and Cutts out and oblitterats the act which if nto ane act of great mastership is easie to Judge Its true the defenders answered, That the Dean of Gild hade no power to make such ane act, and that2 what the Baillie did was afterward approven by the Councill, Bot first for the Dean of Gilds power It was humbly hoped the saids Lords would Consider it since hitherto it hath not been questioned in any of the Royall bughs Bot Secundo esto the Dean of Gild hade gone beyond his power, was it therfore Lawfull for Baillie Mores to Tear Cutt and vitiat publict records at his own hand, and can any allowance by him impetrat from persones That by such methodes he hade unwarrantable promoted Be Sufficient to exculpat Certainely the Saids Lords would best Judge one these things, and doubtles will be carefull to prevent such manifast disorders Quinto The petitioners humbly Crave That the Complaint might be reconsidered Because that Thomsone the Deacon Conveener fyned Deacond Watsone and threw him out of his Deaconrie for differing from him in his vote Ane extraordinary pretence That the freedome and Justice of no Court could ever allow To this the defenders were pleased to answer by Denying the fact and affirming that Watsone doeth not concurr in the proces Bot the fact shall be proven and Watsone doeth Concurr, and tho he doeth not any of the burgesses with concourse of his majesties advocat may warrantably Complaine of Such a mastership The defenders alledge in their answers that John Lundin one of the petitioners pretended himself to be protest, and that to the exclusione of the Earle of Crafurd now Chosen provest Bots its hoped the saids Lords would easily perceive that these are only invideous alledgances It being Certaine and knowen, That John Lundin and the other petitioners have all honor for the Earle of Crafurd and have no motive in this affair save to preserve the good order and government of the burgh which is to visibly in hazard by the forsaid partiall and masterfull proceedings If the saids Lords Did find a remeedie And Therfore Humbly Craveing the saids Lords that the Lybell might be reconsidered and being found Relevant may be admitted to probatione or that at least as the saids Lords uses That it may be admitted to probation before answer to the effect the saids Lords may determine more clearly upon the whole matter as the petition bears The saids Lords of his majesties privy Councill Haveing Considered the said petitione They have Refused and hereby Refuses the desyre of the same And Adheres to their former interloquitor and ordained the decreet to be extracted in maner forsaid.

Att Edinburgh The Seventh day of December Jaj vic Nyntie Nyne years

D1699/12/21

Decreet

Decreit absolvitor John Mores and others Against Nairn and others in St Androwes

Anent the Lybell or letters of Complaint purchased and raised before the Lords of his majesties privy Councill at the instance of Mr Thomas Nairne of Cragtoune late Dean of Gild of the burgh of Saind Androw’s John Lundie younger of Baldester Likewayes Late Dean of Gild of the said burgh James Smith late Baillie ther and John Wilsone late thesourer ther for them selves and the remanent gild bretheren of the said burgh as also Robert Watsone deacon of the Hammermen of the said burgh with Concourse of Sir James Stewart his majesties advocat for his highnes intrest in the matter underwryten Making Mention That wher by the Lawes and acts of parliament the governmint of the burghes within this kingdome Ought to be Legally and orderly and the election of officers in Burgh ought to be without partiallity or mastership, and that their ought to be no oppression of Nighbours within the Same Likeas all publict allowed Records Ought to be keept intire without vitiatione or Laceratione, And that to doe in the contrary are Crymes of ane high nature and ought to be Severly punished Nevertheless It is of verity That John Morise one of the Baillies of the said burgh being also Baillie for the year Jaj vic Nyntie Seven years and Some one or other of his Colligues with him haveing by themselves without the knowledge and Consent of the Dean of Gild and his assessors admitted in the said year Jaj vic Nyntie Seven Mr Robert Hay of Drumcaro and others to be burgesses and Gild brothers of the said burgh And the said Mr Thomas Nairne of Craigtoune then dean of Gild haveing therupon called a Dean of Gild Court of the whole Gild bretheren They did then and therin Declare the forsaid Admission unlawfull and Resshinded the same with the saids burgesships, ordaineing that for the future no Burges or Gild brother should be made and admitted without Consent of the Dean of Gild and his assessors and made ane act to that effect which was duely recorded in the Dean of Gilds books Notwithstanding wherof the said John Morise being resolved to cary the electione of the officers of the said burgh at Michellmass last, By paine partiality and Mastership, He and others his Accomplices upon the Wedensday preceeding the said Micheallmiss electione brought in and procured the said Mr Robert Hay whose burges-shipp was resinded as said is to be one of the thrie Gildriemen and Councill to be added according to the Sett of the burgh for electing of the New Magistrats on the Tewsday ensueing and Farder on the Fraday after the said Wedensday they procured the said Mr Robert Hay to be one of the thrie Leitts for Dean of Gild, and all this notwithstanding that the saids John Lundie and John Wilsone protested against this procedure as illegall and disorderly Likeas upon Tuesday the said day of electione was come the said Mr Robert Hay hade not above two or thrie votes and the vote running for ane James Fogo merchant in the said burgh He declined to accept, so that this election was not only Illegall, Bot by reasone of the forsaid Disorder the burgh wants a dean of Gild and in effect the forsaid disorder visibly affecting and influenceing the election of the whole magistrats hath also occasioned that the persone Chosen to be the Town thesaurer did Likewayes refuse to accept Bot the said John Morise instead of being Sensible of his disorder and missgovernment wherof he himself was the principall author became so masterfull and presumptuous that drawing in Androw Finisone Clerk to the Guildrie to partake with him, He caused the said Androw to produce to him the register of the Gildrie, and then the said John Morise at his own hand did most maliciously and arrogantly Lacerat and Tear out the leaff upon which the forsaid act of the Gildrie was wryten and recorded, And some Lines of that act haveing runn over to another Leave he Likewayes relate the same by rolling and scoreing which was a great vitiatione, And that the Lords of his Majesties privy Councill may yet better observe the influence and progress of these evill practises Because the said Robert Watsone Deacon did not vote to the electione of the said thrie Guildrie Councill as did William Thomsone the Deacon Conveener Bot that the said Robert Watson voted contrare to him, Therfore the said Deacon Conveener Called his Conveeners Court and therin fined the said Robert Watsone in twenty pounds Scots, And alse scored off the said Robert Watson from the said Tread and discharged the Hammermen from owning him as their deacon or Member of their incorporatione as for a breach of a pretend unlawfull act of the same Court, That all Deacons should vote as the Deacon Conveener votes, and non of them vote against him By all which it was evident that the present Condition of the said burgh doeth call for the Correctione and regulation of the saids Lords of his Majesties privy Councill And that not only the electione of the whole magistrats for this year was quarallable As Likwayes the offices of Dean of Gild and Thesaurer Vaccant within the said burgh, Bot also that the saids John Morise Androw Fenisone and William Thomsone are guilty airt and part of the disorders and Crymes above lybelled and for veriefieing therof, Ought and Should produce and exhibit the forsaid dean of Gilds book in presence of the Lords of privy Councill, And that the saids Lords Should not only Declair the forsaid whole electione void, And Ordaine a new electione of offices for the said burgh to be Legally and orderly made for this present year Jaj vic Nyntie Nyne Bot also that they should Decerne and Ordaine the saids John Morise Androw Fenisone and William Thomsone to be punished in their persones and goods and declared incapable to vote or to bear any office within the said burgh For such time as the saids Lords of his Majesties privy Councill Shall think fitt And to pay the haill expensses of plea, To the example and terror of others to Committ the Like in any time comeing And Anent the Charge given to the Lords haill fornamed persones defenders To have Compeared before the saids Lords of his Majesties privy Councill personally at ane Certaine day now by gone To have answered to the points of the said Complaint Bringing with them the forsaid Dean of Gilds books and to hear and See Such order and Course to be taken theranent as they should find Just As in the principall Lybell or Letters of Complaint raised in the said matter at mair Length is Contained Which lybell being upon the day and date hereof called in presence of the Lords of his majesties privy Councill And the haill pursuers Compearing personally (Except the said Thomas Nairne and John Watsone) with Sir Alexander Home and Mr David Dalrymple their advocats and the haill defenders Compearing all personally with Mr David Cuninghame and Mr Robert Cook their advocats The lybell and answers made therto be the defenders viz the said John Morise Androw Finnisone Clerk and William Thomsone Deacon Conveener wherof the tenor followes Viz at the ordinar time of election of the magistrats of St Androwes, The Magistrats and Councill elected the Earle of Crafurd Provest Mr Alexander Nairne, George Rymer Alexander Forier and John Moris baillies and the other officers of burgh to the universall satisfactione of the nighbourhead, John Lundie of Baldestard ane honourarie burges and inhabitant within burgh by occasione of being farmorer of the Bishop of St Androues rents being advanced to be Dean of Gild And haveing used many indeavors insinuationes and even made promises to Some of the Nighbours to be elected provest, and oftner then once or twise disappointed by the Electione forsaid wherin John Moriss present Baillie constantly wncurred and refused all the insinuationes made to him by the said John Lundie of Baldester his freinds, John Lundie being thus disappointed of being provest Mr Thomas Nairne and James Smith of the Severall offices projected for them to be avenged of the said John Moriss not presumeing to attack the Earle of Crafurd provest, And the other Baillies raises a lybell before the Saids Lords with Concourse of his majesties advocat Lybelling that the electione of magistrats by partiallity and mastership and the tearing of Authentick registers are Crymes of ane high nature, and that notwithstanding therof and albeit Mr Thomas Nairne one of the pursuers whill dean of Gild with advyss of his assassors hade Reschinded the burges-shop Conferred upon Mr Robert Hay of Drumcare by John Mories baillie, yet the said John Moris with Androw Finisone Clerk in order to carie the present electione Teared out of the Register the forsaid act Reschinding the said Mr Robert Hay his being burges and put him upon the Lites of Dean of Gild, and that Robert Watsone Deacon of the Hammermen not haveing voted conforme to ane act of the meeting of the trades William Thomsone Deacond Conveener fined him, and ordained the trades to disown him as a member, And therfore Concludes that defenders are guiltie of a Ryot and that the Town wanting proper officers could only be assisted by the saids Lords And that the electione Ought to be void and the defenders condemned in the pursuers expenses To Which Its answered that the Burgh of St Androwes as all the other burghs of the Kingdome are very Sensible of the honor and advantage they have from their honorarie burgesses admitted by the magistrats when Conveened and togither or by ane Simple Magistrat, alone, and by their being officers within burgh, and by their representing severall burrowes in parliament and all those honorarie burgesses hath given tender respect to the burghs wherof they were burgesses and were satisfied with the offices they were Imployed in without aspireing to any other Only John Lundie of Baldester being disappointed as said is, and not knowing the Constitutione of the burgh or of the Guildrie Which is Guilda Mercatorum Constitute of the Deen of Gild and his breetheren wherof the Magistrats are necessarie members since quibus non, Which Gilda Merceatorum Is a Court for decideing of all differences betwixt merchant and Merchant or merchant and Mariner as appears by the 180 act of the 13th parliament King James the Sixth intitulled Confirmatione of the Dean of Gilds Jurisdiction, So that the Dean of Gild has no power nor authority to make Statutes for regulating the burgh for admitting of burgesses or reschinding their admissions, That being the province of the magistrats and Councill exerced by the magistrats Joyntly and even severally at occasiones when the Other Magistrats are absent or Cannot attend the Stranger to whom the freedome of the burgh is conferred as is knowen to the saids Lords, and is the dayly practise of all the burghs of the kingdome and if the Gentlmen are admitted burgesses by the magistrats he is able to affront them, and so no Gentlman will ever become freeman of ane burgh Bot this is So gross, and no wher practised, That it needs not be insisted on, The City of Edinburgh the principall burgh of the natione, and so whose freedome is most valuable and yet is Conferred in maner forsaid, and never Controlled nor pretended to by any of the Dean of Gilds nor ever would by any other who understood the intrest of Burrowes, The act of Dean of Gild Nairne if any Such was Reschinding the admission of Mr Robert Hay of Drumcaro to be burges of St Androwes was ane insolent usurpation upon the Magistrats and punishable conforme to the Law of the burgh As appears by the Eightie Eventh act of the Sixt parliament King James the fourth, And by the Statuts and Customes of all burghs any persones acting out of his sphear his acts are null and highly punishable and so this Deen of Gild having usurped upon the magistrats power and reschinded their acts He and his bretheren being only Judges betwixt merchant and merchant Or merchant and mariner The said act was null and the magistrat without farder regaird therto might Lawfullie tear the same, And though John Mores denyes doeing therof all one, yet what ever was done therin He Concurred with the magistrats and Councill Who have Ratified the tearing and Reschinded that act, The Act being thuse reschinded by the magistrats and toune Councill, And the Conclusion of the Lybell being that their electione should be Declared Null the persuers appear also Ignorant of the formes of process as of the power of the Dean of Gild for seing the tearing of the act of the Guildrie admitting Mr Robert Hay as burges Is Ratified and approven by the magistrats and toune Councill and that their election is Craved to be declared voyd and Null as the lybell does not inferr the COnclusione so the same cannot be insisted in untill they be called And Seing the Lybell is so Calumnious and ill founded upon ane Insolent usurpation against the Magistrats The saids Lords would never grant such warrand, Wheras It was Lybelled That William Thomsone fyned and Decerned Robert Watsone for not voteing at the rest of the trades, The lybell is denyed for he was fyned for his other enormities And does not Concurr in the proces, And how ever the ordinar Course of Justice by Suspensioner or reductiones was only proper without troubling the saids Lords, By all which it wes clear That the Dean of Gild Insolently usurped against the Magistrats in Reschinding the admission of Mr Robert Hay of Drumcaro to be burges and that Therfore the magistrats did Lawfullie Tear that act and Ratifie and approve the tearing, And wherof the Compleaners appear Conscious by not citeing of them, and so the lybell cannot be insisted in either for annulling of what they have done or of their Electione, And Therfore the pursuers as usurpers against the Magistrats and disturbers of the queit ought to be Decerned in large expensses as the answers bears Being Read, And the defenders Advocats haveing Craved a protestatione for not insisting at the said defenders instance against the said Thomas Nairn and Robert Watsone In Respect of their absence and not Compearance The Councill Have Admitted and hereby Admitts protestatione in the termes forsaid for not insisting in the termes forsaid, and Have assoylzied and hereby Assoylzies the saids Thrie defenders from the points and articles of the said Summonds In so farr as concernes the said Thomas Nairne and Robert Watsone and Declares them quyte therof and free therfrae in all time comeing, Untill they be of new cited againe at their instances for that effect And have Modified and hereby Modifies the Soume of Ten pounds Scots of Protestatione money to be payed by each of the saids two pursuers not Compearing as said is, To the saids defenders And Ordaines Letters of horning and other necessaries to be direct hereon under the Signet of privy Councill for payment of the same informe as effeirs, And therafter both parties being fully heard with their Lawiers And the saids Lords haveing Considered the Lybell, They Have Refused and hereby Refusses to Sustaine the Lybell as relevant Therafter a petition being given in by the pursuers and read in presence of the Lords of his majesties privy Councill upon the Nyntein of December instant Shewing That wher the petitioners haveing raised a lybell before the saids Lords against John Mores baillies in St Androwes, Androw Phinisone Clerk ther, and William Thomson Deacon Conveener ther upon grounds of Law and matter of fact that appeared most relevant It pleased the saids Lords upon answers and defences given in be the defenders (which yet upon Tryall it wes hoped Should be found groundless, To lay asyde the forsaid Lybell as not relevant, as to which the petitainer humbly Represents That his majesties advocat for his highnes intrest was not heard, and that the matters in difference doe really concerne the weell and queit of the burgh, It was hoped the saids Lords would grant a new hearing for the reasones following First because the Crymes Lybelled viz the useing of mastership and partiallity of the electing of officers within burgh and the tearing Cutting and Lacerating of Authentick Registers and the fyneing and punishing of persones for voteing freely according to their Oath and duty are Certainly Crymes of a high nature that cannot be contested, and if Transgressions of this kynd should pass unpunished no doubt they will proceed to all maner of disorder and Confusion, Secundly Because the Lybell did no Less clearly Subsume, That Baillie Mores was guilty of partiality and masterfull ship in electing of the Towns officers In swar farr as he with Some others his partakers did make burgesses and Gild bretheren in a privat maner without Consent of the Dean of Gild which is no dowbt unwarrantable, For the defenders alledged that the Dean of Gilds Consent was not necessary yet the contrair is Certaine in all the burghs of Scotland, and to make a gild brother without the Dean of Gilds Consent was evidently absurd, Its true in Some cases the Dean of Gilds Consent is Supposed wher he doeth not Contradict, Bot in this case the Dean of Gild both dissented and contradicted For Tertio So Soon as the Dean of Gild heard of what Baillie Mores hade unwarantablie done at his own hand, he called a Court and disaproved the deed, and farder for a Check in time comeing made ane express act, That no Gild brother should be made for hereafter without the Dean of Gilds consent which was a most Lawfull act, Importing no more then the Ratification of the Dean of Gilds power and priviledge and former acts to that effect Bot Quarto Baillie Mores proceeding in his partiallity and mastership regairds not the dean of Gilds dissent nor act of the Gildrie, Bot first brings the men whom he hade unlawfullie made a gild brother to be one of the thrie Gild brethrein upon the Councill, and then makes him one of the thrie Leits to be dean of Gild and least the forsaid act of the Guildrie Should rise in Judgment against him, He prevaills with Finnisone Clerk to the Dean of Gild Court To bring him the books and records of the Courts, and then at his oun hand tears and Cutts out and oblitterats the act which if nto ane act of great mastership is easie to Judge Its true the defenders answered, That the Dean of Gild hade no power to make such ane act, and that2 what the Baillie did was afterward approven by the Councill, Bot first for the Dean of Gilds power It was humbly hoped the saids Lords would Consider it since hitherto it hath not been questioned in any of the Royall bughs Bot Secundo esto the Dean of Gild hade gone beyond his power, was it therfore Lawfull for Baillie Mores to Tear Cutt and vitiat publict records at his own hand, and can any allowance by him impetrat from persones That by such methodes he hade unwarrantable promoted Be Sufficient to exculpat Certainely the Saids Lords would best Judge one these things, and doubtles will be carefull to prevent such manifast disorders Quinto The petitioners humbly Crave That the Complaint might be reconsidered Because that Thomsone the Deacon Conveener fyned Deacond Watsone and threw him out of his Deaconrie for differing from him in his vote Ane extraordinary pretence That the freedome and Justice of no Court could ever allow To this the defenders were pleased to answer by Denying the fact and affirming that Watsone doeth not concurr in the proces Bot the fact shall be proven and Watsone doeth Concurr, and tho he doeth not any of the burgesses with concourse of his majesties advocat may warrantably Complaine of Such a mastership The defenders alledge in their answers that John Lundin one of the petitioners pretended himself to be protest, and that to the exclusione of the Earle of Crafurd now Chosen provest Bots its hoped the saids Lords would easily perceive that these are only invideous alledgances It being Certaine and knowen, That John Lundin and the other petitioners have all honor for the Earle of Crafurd and have no motive in this affair save to preserve the good order and government of the burgh which is to visibly in hazard by the forsaid partiall and masterfull proceedings If the saids Lords Did find a remeedie And Therfore Humbly Craveing the saids Lords that the Lybell might be reconsidered and being found Relevant may be admitted to probatione or that at least as the saids Lords uses That it may be admitted to probation before answer to the effect the saids Lords may determine more clearly upon the whole matter as the petition bears The saids Lords of his majesties privy Councill Haveing Considered the said petitione They have Refused and hereby Refuses the desyre of the same And Adheres to their former interloquitor and ordained the decreet to be extracted in maner forsaid.

1. NRS, PC2/27, 278r-285v.

2. The word ‘without’ scored out here.

1. NRS, PC2/27, 278r-285v.

2. The word ‘without’ scored out here.