Act, 6 October 1697, Edinburgh

Att Edinburgh the Threttie Day of November J^aj vi^c nyntie seven yeirs

D1697/11/14

D1697/11/14¹

Procedure: petition

Petitione Johnstoun and Crwikshanks in Aberdeen to be amended and Sein

Anent the petitione given in to the Lords of his majesties privie Cownsell be Mr John Johnstowne and Robert Crwikshank James Gordon and others Shewing ther being mwtwall complaints befor Ther Lordships at the instance of Thomas Mitchell John Allardyce and others and at one instance against the said Thomas Mitchell Alexander Ragg and others The occasione and Subject of both complaints being ane wnjwstifieable contriveance and combinatione of the Lesser pairt of the towne Councill of Aberdeen who not being able to carie the electione of the new Cowncill and magistrats at ther pleasure resolved to absent that by ther withdrawing and the necessarie absence of other two members one by not accepting his office and the other by Sicknes ther might not remaine a qworum to proceed to the new electione And the petitioners were qwestioned upon this single grownd that they did proceed to the electione not being the plwralitie of the full number of the Councill by the constitutione Ther Lordships have fownd that the electione could not proceed without the plwralitie And therfore have annwlled the Late electione But ther Lordships have not proceeded to consider the petitioners Lybell against the willfwll absenters and withdrawers from the electione which they were bound in dwety to have attended and which hes given occasione to all the noise expensses and inconveniency which have happened and may furder enswe They doe therfore humbly intreat ther Lordships to proceed to the consideratione and decisione of ther complaint And they must remember ther Lordships that in the written answers offered and in the debate at the barr ther was not any Jwstificatione offered in behalf of the Councellors who did factiously combine to pwtt a Stopp to the electione and exercise of the magistracie both pairties and Lawiers remane convict that ther procedure could not be Jwstified only they contended that no fault or cryme of thers was Sufficient to authorize the petitioners to proceed without a qworum which ther Lordships have Sustained But not it remains that these factious persones (who drew the petitioners into the snare that they behoved aither to proceed or suffer the magistracie to be deserted) Should be Justlie and severely pwnished according to ther demerit They have intended a new practice for Support of factione in the Lesser number against the greater And if they Should not only prevaile to anwll the electione but pass wnpwnished the preparative for everie factione that can come neer a balance will have the same opportunitie for the persones caswallie or necessarlie absent being added to these who may combine ther can never faill to be a disapointment in the electione And therby great charges occasioned and divisiones fomented which would be crwshed in the bwd if ther Lordships apply a pwnishment Swteable to the cryme The petitioners have also lybelled against Thomas Mitchell that he went about to mendicat votes by briberie which is soe directly contrair to the friedome of electione and of so bad conseqwence that ther Lordships would be pleased to enqwyre narrowlie into it In the next place now that the electione is annwlled and the magistracie ceases it remaines that ther Lordships would be pleased to awthorize a new electione in the most regwlar and legall maner according to the sett of the burgh Ther Lordships have considered that the rwles and constitutiones might not be transgressed by the petitioners upon any injurie or contempt that was done or necessitie aither to proceed or Lett the electione fall And the petitioners are perswaded that ther Lordships will Still proceed with the same regaird to the customs and constitutiones of the place that ther may be a fwll and frie electione as it owght to have bein if the eight deserters or any of them had attended according to ther dwety And the petitioners are confident that ther Lordships will have noe regaird to the byass and Suggestiones that are offered by ther influence viz that the new electione Should proceed by Joineing the Cowncills J^aj vi^c nyntie five and J^aj vi^c nyntie Six The petitioners boldlie Say that this would be a downe right inversione of the sett and practice even in the contraverted electiones for by that conjwnctione the number and the qworwm of the electors wowld be altered And persones incapable and inhabite to elect would be awthorized so that ther Lordships might als well name any inhabitant in the place to elect or to proceed more plainlie The magistrats might be named by ther Lordships by no worse preparative Ther is no need to proceed in this extraordinary way for the legall method is plaine and easie if the petitioners had not proceeded to the electione without the plwralitie of the Cownsell nothing remained for them but to represent the case to ther Lordships And to desyre ther awthoritie to convein the Counsell in being at that tyme at a new dyet And that ther Lordships Should have injoined the absenters to attend wnder swch a penaltie as might obleidge them to it And the petitioners are humbly confident that ther Lordships who are carefwll of ther priviledges will not Swffer any one man to be imposed as a voter in that electione who was not of the Counsell in being upon the ordinarie day that the electione owght to have proceeded for these are the limits of the petitioners sett Because the Law appoints that the old Cowncill is to choise the new And these who were not of the old Cownsell at the ordinarie tyme of electione can never be admitted amongst them without a totall dissolwtione of that Cownsell And if any one man Should have access to vote amongest them who is not of the petitioners number ther is noe bownds It will be als agrieable to ther constitutiones and priviledges to accept of ane nomination from ther Lordships of a magistracie and Cowncill as to admit any who was of a preceeding Cowncill or who was not of the Cowncill in being at the ordinary tyme of electione Therfor they most humbly beseech ther Lordships to proceed to determine the process at ther instance and to pwnish the awthors of all the debaites that have happened by ther obstinat withdrawing the ordinarie tyme of electione And Likewayes to take tryell of the petitioners lybell against Thomas Mitchell for attempting to pwrchase votes by briberie and to appoint a dyet for a new electione by the meinters of the Cownsell in being the Last yeir who owght to have mett and conveened for that effect at the ordinary tyme before Michaelmise Last And that wnder Such penalties on these who formerly absented as may render the electione effectwall by ther Lordships authoritie and in a dwe and regwlar way As the said petitione bears which being this day read in presence of the saids Lords of privie Cownsell They before considering therof ordaines the samen to be reformed and amended Conforme to the interloqwitors of Cowncill pronunced in the maters mentioned in the petitione And efter amending and reformeing allowes the persones Complained upon to sie and answer the said petitione