Scottish Privy Council Records

Att Edinburgh the Tenth day of December J^aj vj^c nyntie tuo years At my Lord Chancelors Lodging

A1692/12/13¹

Letter: royal

Letter to the King anent the election of the magistrates of Edinburgh

The Letter underwreitten from the Councill to the Kings Majestie being read votted and approven wes signed as followes and ordered to be recorded In maner underwreitten
May it please your Majestie
The Chancellour Haveing acquanted us of your Majesties pleasure That wee should represent to your Majestie the state of that case betueen some of the Inhabitants of Edinburgh for annulling the Late electiones of that Citie before wee should proceed to any determinatione therein And In case there be any sentence alreadie past befor it Came to hand That the privie Councill stopt a new electione of magistrates till they represent the matter Wee conceave it our duety to give your majestie ane accompt of our proceedings therein, on tuesday the tuenty nynth of the Last moneth There wes a Lybell Given in be severall of the² Inhabitants Compleaning of Irregularetyes in the electiones of the Magistrates of this Citie For severall years bygone And especiallie in this last year And of six persones in particular who hade been Instrumentall therein viz George Stirling James Bouden William Meinzies Sir Archibald Mure Patrick Johnstoun and Patrick Halyburtoun To which the magistrates gave no ansuers that day Desyreing they might have tyme to draw there ansuers thereto till the next Councill day which wes granted And Thursday being the next Councill day They gave in there ansuers And both Lybell and ansuers being read And Lawyers fully heard upon both sydes which took a long tyme So that the Councill put off the advyseing of the Cause till tuesday following being the sixth of this current And ordained them to produce the records of the toun Containing the method of there proceedings And the originall sett which is the Foundamentall setlement of the method of there Electiones and wes accorded to by a solemne decreet arbitrall of King James the sixth In anno J^aj vj^c Eightie three and ratifyed in parliament to be the rule in all there elections for the future, Wpon the said tuesday The Councill proceeded to the advyseing the cause and after full consideratione Did Find That George Stirling and William Meinzies Councillors and James Bouden hade violated the sett And therefore declared them Incapable to elect or be elected pro hac vice And that by turning out of some proxies the tyme of the Last electione who hade been present the tyme of the Leitting And putting new proxies in there places to serve there designe hade been ane extraordinarie violation of the sett The Councill declared the said last electione only voyd and null and ordained the Imediatly preceeding Councill to proceed to anew electione by Leitting on the Thursday following And Electing on the Frydday thereafter on wedinsday upon a petitione for a further delay by the persone Complained of And ane other petitione from the Complainers That the Councill might proceed upon there Complaint To determine the other three persones Compleaned of and ansuers Given in thereto The Councill putt off the electione for Leitting till Frydday and Electing till Saturday and upon Thursday The Councill found That Sir Archibald Mures being eminently Instrumentall in turning out of the proxies wes a violatione of the sett For which they Declared him Incapable to vote in the new electione as they hade done the other three But did not find the Complaint against Patrick Johnstoun and Patrick Halyburtoun relevant according to which tuo acts of Councill The last years magistrats and Councill having mett yesterday Elected there new Councill and made there Leitts And this forenoon Elected there Magistrates which are Sir John Hall to be proveist And three of the same bailzies And the same Theasurer and Dean of Gild who hade been chosen in the last Irregular electione which shewes that the Complaint wes made rather for redress of Irregular elections then out of any disrespect to the persones There being not one magistrat changed but Bailzie Bouden and Duncan Mcintosh chosen in his place which wes all peaceablie and quyetly performed befor your Majesties Letter came to the Chancellours hand who haveing Called us this night together wee thought it our duety to give this above wreitten accompt to your Majestie haveing sent to the secretarie the Informationes If your Majestie shall requyre it, Butt the process haveing come to a Sentence (although wee gave more dyetts and Longer delayes then are accustomarie befor us) And the electione of the magistrats being over and past befor your Majesties Letter wes Communicate to us And the persons newly chosen being men of undoubted Loyalty and affectione to your majesties persone and Government And well beloved in the Citie There remaned no more for us to doe in this effair But Humbly to Lay it befor your Majestie And what further comands shall be given therein or in anything else by your majestie shall receave most duetyfull obedience from May it please your Majestie Your majesties most Loyall most Faithfull and most obedient subjects and servants sic subscribitur Tweeddale cancel: Linlithgow Forfar Breadalbaine Tarbatt Stair Beilhaven William Anstruther Robert Sinclair William Lockhart Patrick Murray

At Edinburgh 10 December 1692 at the lord chancellor’s lodging

A1692/12/13¹

Letter: royal

Letter to the king concerning the election of the magistrates of Edinburgh

The letter underwritten from the council to the king’s majesty being read, voted and approved, was signed as follows and ordered to be recorded in manner underwritten:
May it please your majesty,
The chancellor, having acquainted us of your majesty’s pleasure that we should represent to you the state of that case between some of the inhabitants of Edinburgh for annulling the recent elections of that city before we should proceed to any determination therein, and in case there be any sentence already passed before it came to hand, that the privy council stop a new election of magistrates till they represent the matter, we conceive it our duty to give your majesty an account of our proceedings therein. On Tuesday the twenty-ninth of last month, there was a libel given in by several of the inhabitants, complaining of irregularities in the elections of the magistrates of this city for several years bygone, and especially in this last year, and of six persons in particular who had been instrumental therein, viz George Stirling, James Bowden, William Menzies, Sir Archibald Muir, Patrick Johnston and Patrick Halyburton, to which the magistrates gave no answers that day, desiring that they might have time to draw their answers thereto till the next council day, which was granted, and Thursday being the next council day, they gave in their answers, and both libel and answers being read and lawyers fully heard upon both sides which took a long time, so the council put off the advising of the case till Tuesday following, being the sixth of this current, and ordained them to produce the records of the town containing the method of their proceedings and the original set which is the fundamental settlement of the method of their elections and was accorded to by a solemn decreet arbitrall of King James VI 1583 and ratified in parliament to be the rule in all their elections for the future. Upon the said Tuesday, the council proceeded to advising the case and after full consideration found that George Stirling and William Menzies, councillors, and James Bowden had violated the set and therefore declared them incapable to elect or be elected at that time and that by turning out of some proxies at the time of the last election who had been present at the time of the leeting and putting new proxies in their places to serve their design had been an extraordinary violation of the set, the council declared only the said last election void and null and ordained the immediately preceding council to proceed to a new election by leeting on the Thursday following and electing on the Friday thereafter; on Wednesday upon a petition for a further delay by the person complained of and another petition from the complainers that the council might proceed upon their complaint to determine the other three persons complained of and answers given in thereto, the council put off the election for leeting till Friday and electing till Saturday, and upon Thursday the council found that Sir Archibald Muir’s being eminently instrumental in turning out of the proxies was a violation of the set, for which they declared him incapable to vote in the new election as they had done the other three, but did not find the complaint against Patrick Johnston and Patrick Halyburton relevant, according to which two acts of council, the last year’s magistrates and council having met yesterday, elected their new council and made their leets and this forenoon elected their magistrates, which are Sir John Hall to be provost and three of the same bailies and the same treasurer and dean of gild who had been chosen in the last irregular election, which shows that the complaint was made rather for redress of irregular elections than out of any disrespect to the persons, there being not one magistrate changed but Bailie Bowden and Duncan McIntosh chosen in his place, which was all peacefully and quietly performed before your majesty’s letter came to the chancellor’s hand, who having called us this night together, we thought it our duty to give this above written account to your majesty, having sent to the secretary the information if your Majestie shall requyre it. But the process having come to a sentence (although we gave more diets and longer delays than are customary before us), and the election of the magistrates being over and past before your majesty’s letter was communicated to us and the persons newly chosen being men of undoubted loyalty and affection to your majesty’s person and government and well beloved in the city, there remained no more for us to doe in this affair but humbly to lay it before your majesty and what further commands shall be given therein or in anything else by your majesty shall receive most dutiful obedience from, may it please your majesty, your majesty’s most loyal, most faithful and most obedient subjects and servants. Subscribed: Tweeddale chancellor; Linlithgow; Forfar; Breadalbane; Tarbat; Stair; Belhaven; William Anstruther; Robert Sinclair; William Lockhart; Patrick Murray.

1. PC1/48, 503-5.