Procedure, 24 December 1702, Edinburgh

Edinburgh the 8th of September 1702

D1702/9/3

D1702/9/3¹

Decreet

Decreit Vallange Against McEwan

Annent The lyble or Letters of Complent Raised and persewed befoir The Lords of her Majesties privie Councill at the Instance of Thomas Vallange on of the Constables of the Toun of Pearth with Concurse of Sir James Steuart her Majesties Advocat for her Highness intrest in the matter underwrytten Mentioning That wher By the many good Laws and Acts of Parliament of this realme Constables are established and boeth they and the Justices of pace and Magistrats of Burghs and other officers off the Law are authorized and impowered to put the Laws in Execution particularly such as are made againest profainness and Immorality and that consequently It is a high Misdemaner in any Magistrat or Baillie off Burgh To discurradge the said Constables whom they ought to incurradge in the Execution off ther offices and under sham pretences of Malverse To presume to fyne and imprison them on purpose to make the said office of Constable aburden² to all Constables and contemptible to all others which certainly is a manyfest deed of oppression and ought as such to be sevearly punished Lykeas Prevarication in deponing in Judgement when called is a Crie in all But more especiallie in a Magistrat and Baillie off Burgh called and deponing as witnes befoir the Lords of Privie Councill yet Nevertheless It is of verity That Patrick McEwan one of the present Baillies of the Burgh of Pearth Haveing conceaved a prejudice againest the said Thomas Vallange Complainer a Constable And being as it wer purposed to discurradge and treat in ridicule the very office off ane Constable toward the suppression off profanity Did upon on or other off the dayes of the moneth off Appryll last Cause conveen the said Thomas Vallange Complainer befoir him in his Baillie Court as haveing malversed in his office off Constable in not delaiting and prosecuting of Jameson weaver For swearing in his audience And tho the Procurator fiscall in presence off the said Baillie McEwan refferred the matter To Thomas Vallange his declaration And That Thomas Declaired he had heard the said Jameson swear and had reprehended him and also summoned him to the Baillie Court But that the Court Did not hold at that time For which he could neither then nor since the matter being resent, prosecut him all which the said Jameson present could not deny And Thomas Vallange Did also offerr to prove by witnesses then present yet the said Baillie without Furder regaird Did sentance the said Complainer In a Fyne off Ten pound scotts And Further By his owen single authoritie Deprived him from his office which could only be done by the Magistrats and Toun Councill who had put him In the said office And Farder Having required The said Thomas Vallange Complainer To give up his Constable Batton And the said Thomas saying he knew not iff he had it upon him Yet Because It was found upon him He Fyned the Complainer as for a lie and Committed him to prison untill he should make payment off the said Fyne And Further when the said Thomas Vallange had gott his liberty and he with other Constables in ther Just resentment off such a mockerie and causeless severity Did upon the Tuentie Fyfth day off the said moneth off Apprill goe to the presence off the said Patrick McEwan with a nottar and by way of Instrument protested againest him For his Forsaid unjustice and oppression and for remead of Law The said Patrick Did not only threaten them with Imprisonment and actuallie ordered a warrant to be wrytt For that effect as authentick Instruments taken theron and produced in the Clerks of Councills hands Doe testefie Lykeas The said Patrick Ewan being called as a witness to depon befoir the Lords of privie Councill in the proces betwixt Robert Robertson Baillie off the said Burgh and Patrick Hay Indweller there And the said Baillie McEwan Being Examined as adduced by boeth pairtes He did soe evidently prevaricat in his Deposition That boeth perseuar and deffender Declaired they past from Patrick McEwan as a witnes In respect off his prevarication And the Lords off the Committee his examinators caused mark the same in there report which was also reported and would By the saids Lords of Privie Councill as a high offence As the record of the said proces in the Clerks of Councills hands bears By all which it is evident That the said Patrick McEwan Is guilty airt and pairt off the said unjustice malversation and oppression As also of the said prevarication above lybled Which being proven He ought not only to be Decerned in the soume off Five hundereth merks of expensses and damnadges But deprived and removed from the said office as a Baillie and Declaired incapable For hereafter off publict trust and Further punished in his person and goods to the example and terror of others To Commit the lyke in time comeing As the saids Lords of Privie Councill shall see cause And Annent The Chairge given to the said Patrick McEwan Deffender To have Compeired personallie Befoir the saids Lords of Privie Councill upon the day and date of their presents To have answered to the forsaid Complaint And to have heard and seen such order and course taken thereannent as appertaines under the pain of rebellion and putting of him to the horn with certefication as in the said principall lyble or Letters of Complaint and executiones therof at more length is contained Which lyble Being this day called In presence of the saids Lords of her Majesties privie Councill And the said Thomas Vallange persewar Compeiring personallie at the Barr with Mr James Steuart Mr Francis Grant and Mr James Gellie his Advocats And the said Mr Patrick McEwan Defender Compeiring also personallie at the barr With Sir David Dalrumple her Majesties solicitor and Sir David Cunynghame his Advocats And the lyble with answers therto and a petition by the Magistrats of Pearth Being all read in ther presence And boeth pairtes procurators being fully heard at the barr And the saids Lords Haveing Considered the samen They have Depryved and heirby Depryves The said Patrick McEwan From the office off Magistracie and being off the Councill off the said Burgh For year and day after the date of these presents.