Warrant, 31 December 1695, Edinburgh

Edinburgh The Nynth Jully 1695

D1695/7/3

D1695/7/3¹

Decreet

Decreet William Bell Against The Toune of Linlithgow

Anent the bill of suspensione given in and presented to his majesties Commissioner and Lords of privy Councill be Robert Turnbull of Gormyre provest of Linlithgow Jerimiah Hunter William Inglis Robert Androw and Robert Haggens baillies Adam Buckney dean of gild and John Wauch thesaurer of the said burgh of Linlithgow for themselves and as representing the remanent members and toune Councill of the said burgh Shewing That William Bell lately Clerk of the said burgh has raised letters of horning and therwith Caused Charge the petitioners to repon him to his office of Clerkship Conforme to ane pretended act alledged pronunced by their Lordships upon the day of June Last within ane Certaine short space nixt after the Charge under the paine of rebellion who for the petitioners ther alledged Disobedience intends as they are informed to Cause denunce them rebells and put them to the horne most wrongiously and unjustly Considering it is of verity that wher their Lordships ordained betwixt the petitioners and their Clerk was only declaratory Viz That he should resume his possession rather then decerning and ordaineing him to be reponed In so farr as it is knowen that he was no otherwayes Deprived but by the removeing of him from his office against which sentance of Deprivatione The Lords did simplie repone him Since it does nowayes depend upon them But plainly their Lordships act ordaineing him to be reponed takes of the effect of his deprivatione and seing no man debarrs him he may returne to his office when he pleased Secundo It is wholly unacountable why the said William Bell should Charge them to repon him Seing It is without questione that upon ther Lordships reponeing him he is defacto reponed and may both give sasines and take in bonds to be registrat at his pleasure which are his proper and principall work but for him to pretend that the Toune Councill should either repone him by a former act, or that they should meett in Councill or Judicatorie for that only effect, That he may sitt ther as Clerk and returne to the exerceiss of his office, They haveing no bussiness for him is absurd Tertio the true meaning and effect of ther Lordships Decreet Reponeing the Charger was to keep him in his former possessione untill the point of right should be discussed But ita est that the petitioners doe hold him to be in possession as formerly and doe not Cross him in any part of the exercise of his office except that they doe not meet of purpose for his sake when the petitioners have nothing to doe with² him and for a Clerk and servant to pretend to this arrogancie is plainely to abuse ther Lordships authoritie and to Tyranize over his majesties Quarto the case is plaine even to their Lordships, that the Charger was deprived for most relevant Causes viz his neglect of the register and his betraying of the Gildries trust both which their Lordships was Convinced of and did only stick as this point viz hat he was sumarly dispossesed upon to short a warning, And Therfore They Reponed him only till the moneth of Jully nixt That the matter might be discussed by the sessione, By which it is evident that the petitioners not oppossing the Chargers decreet was all the performance that the petitioner either Could give or could rationally be exacted from them But Quinto this Cause comes to be Discussed in Jully nixt It will plainely appear that ther Clerk has not only abused the petitioners in the grossest maner But for to decyde the reasones of his former deprivatione he hath Comited severall others which the petitioners are ready to eik and for which he deserves to be deprived and In Respect quherof the saids Lords are humbly intreated to remember and Consider the case And Seing all that was intended by ther Lordships act was that the Clerk should be reponed with a Simple non repugnantio and the questione of right left to the sessione That therfore ther Lordships would sustaine their acquiesence for performance and suspend the forsaid malicious Charge for reponeing Which will prove superfluous ay and whill the matter be fully and freely determined and nevertheless for obedience to the Charge the petitioners still instantly find Caution acted in ther Lordships books for reponeing the Charger to his place and office incace it shall be found by their Lordships that the petitioner ought so to doe, And Therfore the forsaid Charge and letters and haill effect and executione therof and proces of horning Contained therin Ought and should be suspended simplicitor upon the petitioners in time Comeing And Therfore humbly Craveing the saids Lords would grant warrand to cite the said William Bell To Compeir before ther Lordships Bringing with him the forsaid act or decreet and letters raised therupon To have been seen and Considered by ther Lordships and to have heard and seen the samen haill effect and executione therof and proces of horning Contained therin suspended simpliciter upon the petitioners Contained in time comeing for the reasones and Causses abovewritten and others as the said bill of suspension more fully proports His Majesties high Commissioner and Lords of privy Councill having Considered the above bill of suspensione at the instance of the provest baillies and Toune Councill of Linlithgow against William Bell ther Clerk with the answers made therto for the Charger They heirby Refuse the bill and reasones of suspensione and Finds the letters orderly proceided And Ordaines the saids³ provest baillies and remanent toune Councill of Linlithgow To Call and meett in their toune Councill, and to Repon and receive the said William Bell to his said office of Toune Clerk againe alse fully and formally as they did put him from the same And Discharges any other person to exerce the said office untill the Chargers right be determined before the Lords of sessione.