Judicial Proceeding, 24 October 1700, Edinburgh

Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Twentie fourth day of October one thousand seven hundred years

D1700/10/51

Judicial Proceeding

Decreet Provest Scot Against Provest Simpson

Anent the principal Lybell purchased and raised before the Lords of his Majesties privy Councill at the instance of Mr William Simpsone provest of Jedburgh Thomas Rutherfoord baillie James Robson baillie John Ainsley Deacon Conveener and James Smith toune thesaurer of the said burgh with concourse of Sir James Stewart his Majesties advocat making Mention That wherby the Lawes and acts of parliament Electiones within burgh ought to proceed regularly without tumult or disorder and specially it is provided by the 108 act parliament 14th James 3d That the electione of officars within burgh be without partiality or mastership, and sicklicke by the 87 act parliament 6th James 4th It is provyded that nae Nighbour in burgh usurp against the officars therof and farder by the 17th act parliament 18th James 6th It is provyded that non convocat or assemble within burgh Except They have License of the Magistrat, and that they do nothing in their meetting against the acts of parliament and queit of the burgh otherwayes the saids meeettings are declared seditious As also for preventing undue practises in the election of the Magistrates and Councill of Jedburgh It was specially enacted by the toune Councill of the said burgh That ther should be no Sollicitation used to obtaine votes for any man by advyseing intyseing or be ingadging the electors by oathes promisses or bonds and sicklicke by the 104 act parliament 7th James 5th It is Statute that if any maner of person murmurs any Judge he shall be punished with tinsell of honor fame and dignity and shall pay ane Payne arbitrall at the will of his Majestie and his privy Councill And farder by the undoubted Law and custome of this natione the Over awing of electiones by Imploying of Military force and for officers of the army to undertake or be Imployed in such unlawfull interprises, are Crimes of ane high nature and severly punishable, yet nevertheless William Davidson Baillie of the said burgh of Jedburgh, Gilbert Eliot Baillie, Walter Scot late provest William Eliot late baillie John Davidson dean of Gild James Richardson Councillor James Oliphant Late Baillie and Robert Richardsone Councillor in manifest Contempt of his Majesties authority and government are guilty of the breach of the saids haill Lawes and acts of parliament abovementioned and act of Councill In so farr as upon the tuenty fourth Twentie fifth Twentie sixth Twentie sventh, twentie eight twenty nynth and Threttie dayes of September Last or ane or other of the dayes of the said moneth, and upon the first second thrid fourth and fifth dayes of October The saids defenders were guilty of the aftermentioned Viz The said provest Simpsone haveing called the Councill upon the said twenty fourth of September Last for reviseing and recording the Commission granted by the said burgh to Walter Scott one of their Councillors to represent the said burgh in parliament and conforme to the custome of the burgh, and for reviseing the forsaids acts concerning abuses by subborning or solliciting of votes. The said William Davidson baillie and others his accomplices haveing laid the designe to pack a Councill and to turne out the said provest Simpson before the second year of his Magistracie, Did rise in a most tumultuous and insolent maner after the Commission in favors of the said Walter Scot was revised recorded and allowed, and after the saids acts concerning suborning and solliciting were read and the Councill Legally adjourned by the provest Then the said William Davidson and his other accomplices the defenders, Did Tumultuously insist That the Council should notwithstanding sitt and give out Leitts in order to ane electione, notwithstanding of the adjournment, and not being satisfied with insolent demands The said William Davidson did Lay violent hands on the said provest Simpson and forced him back towards the Bench violently which being against a principall maigstrat and ane old man was a most attrocious ryot, And wheras the saids pursuers protested and took instruments And sicklicke the saids defenders Continueing in their wilfull partiall and masterfull designe upon the Threttie of the said moneth of september in order to the election and the acts against solliciting and preingadging of votes being read in Councill, And therafter the said Robert Richardson one of the defenders being called up to give his oath in the termes of the said act and whither he was preingadged or not The said Walter Scot and William Davidsone and the other defenders did in a tumultary maner rise and insolently charged the said provest Simpson with subbornatione, And Craved that he might depone and purge himself in the termes of the act first notwithstand2 wherof the said defenders did continue tumultuary, and Judging it necessary for their violent designes, The said William Davidson Did Cry out in the Councill to call up Captain Cruppins whom they hade prepared and stood ready with his Company at the back of the Councill house in armes, and upon the first call he the said Captaine six or eight dragoons in armes to goe and stand at the back door of the Councill house, and who accordingly were placed ther and he himself with the rest of the troop went about to the foredoor with drums beatting and the said provest Simpson perceiving the violence and danger and haveing adjourned the Councill notwithstanding wherof the said Captain Cruppins haveing left his men in armes at both entries to the Councill house and haveing come up himself with some others of the souldiers to the Councill Chamber, He did by his presence animat the defenders that notwithstanding of ane adjurnment upon so weighte a Consideration and ane instrument and protest taken upon the account of the violence yet the saids defenders did Continue to sitt and proceeded to make a pretended election of provest Baillies Dean of Gild and thesaurer in dispyte of all Law and good government to the greiff of the good nighbours, and contrair to the priviledge of the Royall Burrowes, and albeit this pretended electione was established by wayes hardly ever heard off or knowen before, yet the saids defenders In pursuance of their wicked practises did falsely murmur and belye the said provest Simpson and the other pursuers to the officers of state and to his Majesties privy Councillors as being Irregullarly elected Wheras the election of the pursuers was most Just and fair at the precise day to which the Councill was adjourned viz the first of October instant And the saids defenders did insolently usurp and take upon them to act as magistrats notwithstanding of the forsaid Irregullarity before they hade any Warrand from publict authority By all which the saids defenders are guilty of the Contravention of the forsaid Lawes and are lyable to the paine thereincontained, and Therfore they ought to be Decerned to make payment to the said pursuers of the soume of […] as expenses of this proces and to be discharged to exerce the office of magistracy and Councillors to which they were elected upon the Threttie of September Last and declared incapable therof in time comeing and the said Captaine Cruppins for his forsaid Lawless overaweing the election to be punished by deprivation or otherwayes as the Lords of privy Councill shall think shall think3 fitt And he4 saids haill defenders to be punished in their persones and goods to the terror of others to Committ the Like in time comeing; And sicklicke for verifieing and proveing the premisses John Rutherfoord toune Clerk of the said burgh of Jedburgh ought to be discharged to produce the Councill books and minuts of election, and especially that act anent Suborning and solliciting abovementioned and the premisses being verified, The pursuers and others elected upon the first of October instant In so farr as they are not obnoxious to the Comfussion of this Lybell Ought to be reponed to the exercise and full possession and injoyment of the Magistracy and Councill Conforme to their respective stationes in the said burgh And Anent the Charge given to the haill forenamed persones defenders To have Compeared personally before the saids Lords at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines and alse the said John Rutherfoord for exhibiting and produceing the Councill books of the said burgh and minuts of election and specially that act anent suborning and solliciting abovementioned under the paine of rebellion etc as in the principall Lybell or Complaint raised in the said matter with the executiones therof at more length is Contained And sicklike Anent the Lybell or reconvention purchased and raised before the saids Lords of his Majesties privy Councill at the instance of Walter Scot present provest of Jedburgh, William Eliot William Davidsones Thomas Cranstoune and Gilbert Eliot present baillies of the said burgh, John Davidson dean of Gild Robert Richardsone Thesaurer for themselves and in name and behalf of the remanent members of the said burgh and Comunity Making Mention That wheras the invadeing and usurping the office and authority and magistracie and the disturbing the magistrates duely and legally elected in the exercises of their offices and authority are Crymes of ane high and hienous nature punishable by the Lawes and customes of this and all other weell governed nationes Nevertheless It is of verity that Mr William Simpson late provest Thomas Rutherfood and Harry Young Late baillies of the said burgh, James Smith, James Robertsone and Thomas Greive late thesaurers Androw Robertson appothecary, John Simpson Commissar depute John Broun Maltman, John Ainsly Cordinar George Best weaver Michaell Wauch Glasier Adam Robertsone flesher Thomas Ainsly wryter and Samuell Couper wright in the said burgh are guilty at least many of them are airt and pairt of ane gross and highneous usurpatione of the Office and Magistracy of the toune Councill of the said burgh of Jedburgh and of disturbing and mollesting the pursuers in the exercise of the offices of the Magistracy and Jurisdiction belonging to the Magistrats of the said burgh In so farr as albeit the said Walter Scot was regularly and orderly elected provest of the said burgh upon the threttie day of September Last, and the said William Eliot William Davidson, Thomas Cranstoune and Gilbert Eliot were all duely and regularly elected baillies of the said burgh, John Davidson dean of Gild Robert Richardsone Thesaurer, were also duely elected upon the said day, yet in manifast Contempt of the forsaid Legall electione and of the Lawes and acts of parliament for secureing and preserving the peace and queit of his Majesties government and protection of the Leidges Liveing under the same, The said Mr William Simpson and the other defenders abovenamed upon the threttie of September Last which was the precise peremptor day appointed by the Councill of the said burgh for the annuall election as appears by ane act of the said Councill dated the Twentie seventh of September Last, Finding that the said Mr William Simpson was not Like to be Chosen provest, And the rest of the defenders baillies and magistrats did endeavour to disturb the Councill of the burgh who were fully Conveened to the number of Threttie eight persones by hounding out messengers for apprehending severall persones Members of the Councill without any warrand from the parties And albeit the pretended debts were satisfied and payed, Bot their names neglected to be delate out of the Caption which were against in any debtors, yet these members of the Councill That the election might not be delayed, or any interuption made of the government in the toune upon their acccount Did peaceably remove themselves, and the Councill proceeded the election, And the said Walter Scot and remanent pursuers abovenamed were Chosen regullarly and orderly yet the said Mr William Simpson with a small party of the Councill to the number of fourtein did presume upon the Morow therafter to meett and make a new electione albeit the forsaid number of fourtein were not near a quorum of the Councill and so could not act, seing the quorum at ane election is at least Twentie one (the whole members at the electione being fourtie) as has alwayes been inviolably observed in the said burgh, and albeit the defenders were wholly exautered and the pursuers fully invested in the office of Magistracy by the Legall election forsaid, yet the defenders did furder proceed in their invasion and disturbance forsaid by seizing upon the keyes of the Tolbooth and Councill-house and forced the Jaylor to delyver the samen to them and the toune officers to attend them and did send a proclamation throw the said burgh for holding a head Court in their name and when the pursuers did stopp their forsaid proclamation by contrair orders untill another convenient time, The said Mr William Simpsone did with his own hand and others who was makeing intimation of the pursuers orders according to his duty and to Crown the work of the usurpation, and to make the Ryotous behaviour the more Conspicious to the world They did upon the Lords day therafter upon the forenoon take possession of the magistrates seatt in the Church designeing therby no doubt to make alse Much disturbance in the Church, as they made at the election, Bot the pursuers made no noice in the matter Bot the Lord Jedburgh being upon the place, and haveing received orders from his Majesties Commissioner concerning that affair did Discharge the defenders from sitting in the magistrates seatt and ordained the pursuers to take the possesion therof, and to Continue in the exercise of magistracy untill the matter were determined by the Lords of his Majesties privy Councill And Therfore the said defenders are guilty of ane open and manifast Ryot and breach of the peace, in invadeing and usurping the magistracy after that they were legally exautered and the pursuers Legally invested, And it Ought to be found and Declared that the pursuars were regularly and orderly elected, and the defenders not only discharged from troubling and disturbing them in the exercise of their offices in all time comeing Bot they ought to be Decerned in the soume of […] to be payed to the pursuars as the expenses of this process, and otherwayes to be punished in their persones and goods for the disturbance already given to the pursuers, and the manifast invasion and usurpation of their offices to the example of others to Committ the Like in time comeing And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeared personally 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 therwith as appertained under the paine of rebellion etc As in the said Lybell or reconvention with the executiones therof at more Length is Contained, Which Lybells being both upon the Twentie second day of October instant Called in presence of his Majesties privy Councill and both the pursuars and the defenders in both processes Compearing personally except the said Hary Young and Androw Robison two of the pursuers in the principlall Lybell and defenders in the reconventione, and Sir Androw Home and Mr David Dalrymple and Mr John Murray Compearing as advocats for the haill pursuers in the principall cause who are defenders in the reconvention, and Sir Patrick Home Mr Frances Grant Mr Michaell Lumsdean and Mr William Calderwood Compearing as advocats for the haill defenders in the principall Cause who are also the pursuars in the reconventione, The principall Lybell and the Lybell of reconvention, and answers to both being read and a representation made for Captain Crupine being also read, And both parites Lawiers fully heard at the Councill barr His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered both the Lybells principall and reconvention with the respective answers made therto by aither partie They Remitted both the Lybell to the respective parties pursuers therof, their probatione and the witnesses in both processes haveing Compeared and made faith as they are marked in the roll His Majesties Commissioner and the Councill Nominated and appointed the Earles of Argyll Marr and Annandale, The Lord Justice Clerk and Mr Francis Montgomrie to be a Committie to exeemine the witnesses and Reserved all objectione which might made against the saids witnesses to be proponed and discust before the Committie And granted farder dilligence by Caption at either parties intances against the witnesses absent in their processes as marked in the roll against the […] day of […] nixt to come and Declared any thrie of the above wryten Committie to be a sufficient quorum and appointed them to meett the morow at ten in the forenoon Which Committie haveing accordingly meett upon the Twentie thrid day of the said moneth of October instant, They took and received the oathes and depositiones of diverse and sundrie famous witnesses Who being solemnly sworne Interogate and examined upon both the saids Lybells upon their oathes deponed and declared as their oaths and depositions extant in process bears, His Majesties high Commissioner and the Lods of his Majesties privy Councill haveing this day being the twentie fourth of october instant advised both the saids two processes, And haveing Considered both Lybells with the depositiones of the witnesses adduced in both the saids processes, and a petition given in for the said provest Simpson and his partie being read His Majesties Commissioner and the saids Lords of his Majesties privy Councill Do hereby Find that the election made upon the Threttie day of September last bypast of the Magistrats of Jedburgh Wherby the said Walter Scot is elected provest of Jedburgh, William Eliot, William Davidson, Thomas Cranstoune and Gilbert Eliot baillies John Davidson Dean of Gild, and Robert Richardsone Thesaurer of the said burgh Is Sufficient Legall and orderly, and appoints the saids Magistrats then elected and Chosen to continue and exercise the government of the Magistracy of the toune of Jedburgh dureing this ensueing year, and Have assoylzied and hereby Assoylzies the said provest Scot and other persones abovenamed elected Magistrates with him from the haill points and articles of the principall Lybell raised at Provest Simpson and his partie their instances against them, and Declares them quyt therof and free therfrae in all time comeing, and Have Discharged and hereby Discharges the said provest Simpson and remanent persones forsaids pursuers of the said principall Lybell to trouble or molest the said provest Scot and remanent persones forsaids Choisen magistrates with him in the peaceable possession brooking and enjoying of their saids offices to which they are Chosen as said is And Ordaines Letters of horning ane Fiftein dayes under the signet of Councill and others needfull to be direct hereon in forme as effeirs.

Att Edinburgh The Twentie fourth day of October one thousand seven hundred years

D1700/10/51

Judicial Proceeding

Decreet Provest Scot Against Provest Simpson

Anent the principal Lybell purchased and raised before the Lords of his Majesties privy Councill at the instance of Mr William Simpsone provest of Jedburgh Thomas Rutherfoord baillie James Robson baillie John Ainsley Deacon Conveener and James Smith toune thesaurer of the said burgh with concourse of Sir James Stewart his Majesties advocat making Mention That wherby the Lawes and acts of parliament Electiones within burgh ought to proceed regularly without tumult or disorder and specially it is provided by the 108 act parliament 14th James 3d That the electione of officars within burgh be without partiality or mastership, and sicklicke by the 87 act parliament 6th James 4th It is provyded that nae Nighbour in burgh usurp against the officars therof and farder by the 17th act parliament 18th James 6th It is provyded that non convocat or assemble within burgh Except They have License of the Magistrat, and that they do nothing in their meetting against the acts of parliament and queit of the burgh otherwayes the saids meeettings are declared seditious As also for preventing undue practises in the election of the Magistrates and Councill of Jedburgh It was specially enacted by the toune Councill of the said burgh That ther should be no Sollicitation used to obtaine votes for any man by advyseing intyseing or be ingadging the electors by oathes promisses or bonds and sicklicke by the 104 act parliament 7th James 5th It is Statute that if any maner of person murmurs any Judge he shall be punished with tinsell of honor fame and dignity and shall pay ane Payne arbitrall at the will of his Majestie and his privy Councill And farder by the undoubted Law and custome of this natione the Over awing of electiones by Imploying of Military force and for officers of the army to undertake or be Imployed in such unlawfull interprises, are Crimes of ane high nature and severly punishable, yet nevertheless William Davidson Baillie of the said burgh of Jedburgh, Gilbert Eliot Baillie, Walter Scot late provest William Eliot late baillie John Davidson dean of Gild James Richardson Councillor James Oliphant Late Baillie and Robert Richardsone Councillor in manifest Contempt of his Majesties authority and government are guilty of the breach of the saids haill Lawes and acts of parliament abovementioned and act of Councill In so farr as upon the tuenty fourth Twentie fifth Twentie sixth Twentie sventh, twentie eight twenty nynth and Threttie dayes of September Last or ane or other of the dayes of the said moneth, and upon the first second thrid fourth and fifth dayes of October The saids defenders were guilty of the aftermentioned Viz The said provest Simpsone haveing called the Councill upon the said twenty fourth of September Last for reviseing and recording the Commission granted by the said burgh to Walter Scott one of their Councillors to represent the said burgh in parliament and conforme to the custome of the burgh, and for reviseing the forsaids acts concerning abuses by subborning or solliciting of votes. The said William Davidson baillie and others his accomplices haveing laid the designe to pack a Councill and to turne out the said provest Simpson before the second year of his Magistracie, Did rise in a most tumultuous and insolent maner after the Commission in favors of the said Walter Scot was revised recorded and allowed, and after the saids acts concerning suborning and solliciting were read and the Councill Legally adjourned by the provest Then the said William Davidson and his other accomplices the defenders, Did Tumultuously insist That the Council should notwithstanding sitt and give out Leitts in order to ane electione, notwithstanding of the adjournment, and not being satisfied with insolent demands The said William Davidson did Lay violent hands on the said provest Simpson and forced him back towards the Bench violently which being against a principall maigstrat and ane old man was a most attrocious ryot, And wheras the saids pursuers protested and took instruments And sicklicke the saids defenders Continueing in their wilfull partiall and masterfull designe upon the Threttie of the said moneth of september in order to the election and the acts against solliciting and preingadging of votes being read in Councill, And therafter the said Robert Richardson one of the defenders being called up to give his oath in the termes of the said act and whither he was preingadged or not The said Walter Scot and William Davidsone and the other defenders did in a tumultary maner rise and insolently charged the said provest Simpson with subbornatione, And Craved that he might depone and purge himself in the termes of the act first notwithstand2 wherof the said defenders did continue tumultuary, and Judging it necessary for their violent designes, The said William Davidson Did Cry out in the Councill to call up Captain Cruppins whom they hade prepared and stood ready with his Company at the back of the Councill house in armes, and upon the first call he the said Captaine six or eight dragoons in armes to goe and stand at the back door of the Councill house, and who accordingly were placed ther and he himself with the rest of the troop went about to the foredoor with drums beatting and the said provest Simpson perceiving the violence and danger and haveing adjourned the Councill notwithstanding wherof the said Captain Cruppins haveing left his men in armes at both entries to the Councill house and haveing come up himself with some others of the souldiers to the Councill Chamber, He did by his presence animat the defenders that notwithstanding of ane adjurnment upon so weighte a Consideration and ane instrument and protest taken upon the account of the violence yet the saids defenders did Continue to sitt and proceeded to make a pretended election of provest Baillies Dean of Gild and thesaurer in dispyte of all Law and good government to the greiff of the good nighbours, and contrair to the priviledge of the Royall Burrowes, and albeit this pretended electione was established by wayes hardly ever heard off or knowen before, yet the saids defenders In pursuance of their wicked practises did falsely murmur and belye the said provest Simpson and the other pursuers to the officers of state and to his Majesties privy Councillors as being Irregullarly elected Wheras the election of the pursuers was most Just and fair at the precise day to which the Councill was adjourned viz the first of October instant And the saids defenders did insolently usurp and take upon them to act as magistrats notwithstanding of the forsaid Irregullarity before they hade any Warrand from publict authority By all which the saids defenders are guilty of the Contravention of the forsaid Lawes and are lyable to the paine thereincontained, and Therfore they ought to be Decerned to make payment to the said pursuers of the soume of […] as expenses of this proces and to be discharged to exerce the office of magistracy and Councillors to which they were elected upon the Threttie of September Last and declared incapable therof in time comeing and the said Captaine Cruppins for his forsaid Lawless overaweing the election to be punished by deprivation or otherwayes as the Lords of privy Councill shall think shall think3 fitt And he4 saids haill defenders to be punished in their persones and goods to the terror of others to Committ the Like in time comeing; And sicklicke for verifieing and proveing the premisses John Rutherfoord toune Clerk of the said burgh of Jedburgh ought to be discharged to produce the Councill books and minuts of election, and especially that act anent Suborning and solliciting abovementioned and the premisses being verified, The pursuers and others elected upon the first of October instant In so farr as they are not obnoxious to the Comfussion of this Lybell Ought to be reponed to the exercise and full possession and injoyment of the Magistracy and Councill Conforme to their respective stationes in the said burgh And Anent the Charge given to the haill forenamed persones defenders To have Compeared personally before the saids Lords at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines and alse the said John Rutherfoord for exhibiting and produceing the Councill books of the said burgh and minuts of election and specially that act anent suborning and solliciting abovementioned under the paine of rebellion etc as in the principall Lybell or Complaint raised in the said matter with the executiones therof at more length is Contained And sicklike Anent the Lybell or reconvention purchased and raised before the saids Lords of his Majesties privy Councill at the instance of Walter Scot present provest of Jedburgh, William Eliot William Davidsones Thomas Cranstoune and Gilbert Eliot present baillies of the said burgh, John Davidson dean of Gild Robert Richardsone Thesaurer for themselves and in name and behalf of the remanent members of the said burgh and Comunity Making Mention That wheras the invadeing and usurping the office and authority and magistracie and the disturbing the magistrates duely and legally elected in the exercises of their offices and authority are Crymes of ane high and hienous nature punishable by the Lawes and customes of this and all other weell governed nationes Nevertheless It is of verity that Mr William Simpson late provest Thomas Rutherfood and Harry Young Late baillies of the said burgh, James Smith, James Robertsone and Thomas Greive late thesaurers Androw Robertson appothecary, John Simpson Commissar depute John Broun Maltman, John Ainsly Cordinar George Best weaver Michaell Wauch Glasier Adam Robertsone flesher Thomas Ainsly wryter and Samuell Couper wright in the said burgh are guilty at least many of them are airt and pairt of ane gross and highneous usurpatione of the Office and Magistracy of the toune Councill of the said burgh of Jedburgh and of disturbing and mollesting the pursuers in the exercise of the offices of the Magistracy and Jurisdiction belonging to the Magistrats of the said burgh In so farr as albeit the said Walter Scot was regularly and orderly elected provest of the said burgh upon the threttie day of September Last, and the said William Eliot William Davidson, Thomas Cranstoune and Gilbert Eliot were all duely and regularly elected baillies of the said burgh, John Davidson dean of Gild Robert Richardsone Thesaurer, were also duely elected upon the said day, yet in manifast Contempt of the forsaid Legall electione and of the Lawes and acts of parliament for secureing and preserving the peace and queit of his Majesties government and protection of the Leidges Liveing under the same, The said Mr William Simpson and the other defenders abovenamed upon the threttie of September Last which was the precise peremptor day appointed by the Councill of the said burgh for the annuall election as appears by ane act of the said Councill dated the Twentie seventh of September Last, Finding that the said Mr William Simpson was not Like to be Chosen provest, And the rest of the defenders baillies and magistrats did endeavour to disturb the Councill of the burgh who were fully Conveened to the number of Threttie eight persones by hounding out messengers for apprehending severall persones Members of the Councill without any warrand from the parties And albeit the pretended debts were satisfied and payed, Bot their names neglected to be delate out of the Caption which were against in any debtors, yet these members of the Councill That the election might not be delayed, or any interuption made of the government in the toune upon their acccount Did peaceably remove themselves, and the Councill proceeded the election, And the said Walter Scot and remanent pursuers abovenamed were Chosen regullarly and orderly yet the said Mr William Simpson with a small party of the Councill to the number of fourtein did presume upon the Morow therafter to meett and make a new electione albeit the forsaid number of fourtein were not near a quorum of the Councill and so could not act, seing the quorum at ane election is at least Twentie one (the whole members at the electione being fourtie) as has alwayes been inviolably observed in the said burgh, and albeit the defenders were wholly exautered and the pursuers fully invested in the office of Magistracy by the Legall election forsaid, yet the defenders did furder proceed in their invasion and disturbance forsaid by seizing upon the keyes of the Tolbooth and Councill-house and forced the Jaylor to delyver the samen to them and the toune officers to attend them and did send a proclamation throw the said burgh for holding a head Court in their name and when the pursuers did stopp their forsaid proclamation by contrair orders untill another convenient time, The said Mr William Simpsone did with his own hand and others who was makeing intimation of the pursuers orders according to his duty and to Crown the work of the usurpation, and to make the Ryotous behaviour the more Conspicious to the world They did upon the Lords day therafter upon the forenoon take possession of the magistrates seatt in the Church designeing therby no doubt to make alse Much disturbance in the Church, as they made at the election, Bot the pursuers made no noice in the matter Bot the Lord Jedburgh being upon the place, and haveing received orders from his Majesties Commissioner concerning that affair did Discharge the defenders from sitting in the magistrates seatt and ordained the pursuers to take the possesion therof, and to Continue in the exercise of magistracy untill the matter were determined by the Lords of his Majesties privy Councill And Therfore the said defenders are guilty of ane open and manifast Ryot and breach of the peace, in invadeing and usurping the magistracy after that they were legally exautered and the pursuers Legally invested, And it Ought to be found and Declared that the pursuars were regularly and orderly elected, and the defenders not only discharged from troubling and disturbing them in the exercise of their offices in all time comeing Bot they ought to be Decerned in the soume of […] to be payed to the pursuars as the expenses of this process, and otherwayes to be punished in their persones and goods for the disturbance already given to the pursuers, and the manifast invasion and usurpation of their offices to the example of others to Committ the Like in time comeing And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeared personally 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 therwith as appertained under the paine of rebellion etc As in the said Lybell or reconvention with the executiones therof at more Length is Contained, Which Lybells being both upon the Twentie second day of October instant Called in presence of his Majesties privy Councill and both the pursuars and the defenders in both processes Compearing personally except the said Hary Young and Androw Robison two of the pursuers in the principlall Lybell and defenders in the reconventione, and Sir Androw Home and Mr David Dalrymple and Mr John Murray Compearing as advocats for the haill pursuers in the principall cause who are defenders in the reconvention, and Sir Patrick Home Mr Frances Grant Mr Michaell Lumsdean and Mr William Calderwood Compearing as advocats for the haill defenders in the principall Cause who are also the pursuars in the reconventione, The principall Lybell and the Lybell of reconvention, and answers to both being read and a representation made for Captain Crupine being also read, And both parites Lawiers fully heard at the Councill barr His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered both the Lybells principall and reconvention with the respective answers made therto by aither partie They Remitted both the Lybell to the respective parties pursuers therof, their probatione and the witnesses in both processes haveing Compeared and made faith as they are marked in the roll His Majesties Commissioner and the Councill Nominated and appointed the Earles of Argyll Marr and Annandale, The Lord Justice Clerk and Mr Francis Montgomrie to be a Committie to exeemine the witnesses and Reserved all objectione which might made against the saids witnesses to be proponed and discust before the Committie And granted farder dilligence by Caption at either parties intances against the witnesses absent in their processes as marked in the roll against the […] day of […] nixt to come and Declared any thrie of the above wryten Committie to be a sufficient quorum and appointed them to meett the morow at ten in the forenoon Which Committie haveing accordingly meett upon the Twentie thrid day of the said moneth of October instant, They took and received the oathes and depositiones of diverse and sundrie famous witnesses Who being solemnly sworne Interogate and examined upon both the saids Lybells upon their oathes deponed and declared as their oaths and depositions extant in process bears, His Majesties high Commissioner and the Lods of his Majesties privy Councill haveing this day being the twentie fourth of october instant advised both the saids two processes, And haveing Considered both Lybells with the depositiones of the witnesses adduced in both the saids processes, and a petition given in for the said provest Simpson and his partie being read His Majesties Commissioner and the saids Lords of his Majesties privy Councill Do hereby Find that the election made upon the Threttie day of September last bypast of the Magistrats of Jedburgh Wherby the said Walter Scot is elected provest of Jedburgh, William Eliot, William Davidson, Thomas Cranstoune and Gilbert Eliot baillies John Davidson Dean of Gild, and Robert Richardsone Thesaurer of the said burgh Is Sufficient Legall and orderly, and appoints the saids Magistrats then elected and Chosen to continue and exercise the government of the Magistracy of the toune of Jedburgh dureing this ensueing year, and Have assoylzied and hereby Assoylzies the said provest Scot and other persones abovenamed elected Magistrates with him from the haill points and articles of the principall Lybell raised at Provest Simpson and his partie their instances against them, and Declares them quyt therof and free therfrae in all time comeing, and Have Discharged and hereby Discharges the said provest Simpson and remanent persones forsaids pursuers of the said principall Lybell to trouble or molest the said provest Scot and remanent persones forsaids Choisen magistrates with him in the peaceable possession brooking and enjoying of their saids offices to which they are Chosen as said is And Ordaines Letters of horning ane Fiftein dayes under the signet of Councill and others needfull to be direct hereon in forme as effeirs.

1. NRS, PC2/28, 12r-16v.

2. Sic.

3. Sic.

4. Sic.

1. NRS, PC2/28, 12r-16v.

2. Sic.

3. Sic.

4. Sic.