Att Edinburgh the Fourteinth day of Februarij J^aj vj^c nyntie three years

A1693/2/25

A1693/2/25¹

Decreet

Decreet Bailzie Robertson and others againest the magistrats and toun Councill of Edinburgh elected at michaellmes last

Anent our Soveraigne Lord and Ladyes Letters raised and persewed befor the Lords of there majesties privie Councill at the Instance of John Robertsone and Hugh Blair late bailzies of Edinburgh Mr Hendrie Ferguson late Theasurer there Alexander Thomson deacon James Crawfurd deacon William Livingstoun and William Meldrum also Deacones and late Councillours there and Sir James Stewart there majesties advocat for there Highnes interest in the matter underwreitten Mentioneing That where albeit by the Lawes of this and all other well governed nationes The useing of Indirect methods In electing of magistrats and Councills of burghes be Condemned and are crymes of ane high nature and severly punisheable as tending to the overthrow and destructione of the Constitutiones policie and comon good thereof And that any such electione ought to be declared voyd and null And these who Concurred therein declared Incapable of bearing office at any tyme therefter within burgh and punished with the pain of Infamy Likeas albeit the Continowing the authority of there Majesties privie Councill And the exerceing of any office of publict trust by any persone whatsomever without qualifyeing themselves according to Law be punisheable in the persones and goods of the contraveener Conforme to the tenor of the Lawes and acts of parliament of this ancient Kingdome of Scotland made thereanent whereby all persones in publict trust are appoynted to take the oath of alleadgeance and assureance Yet nevertheless Andrew Bruce James Grahame and Robert Blaickwood late bailzies of Edinburgh James McLurg and Michaell Allan late deans of Gild there George Fullartoun George Mitchell William Kerse Robert Inglis goldsmith there Andrew Ker glover there Gilbert Somervell taylor and John Pringle Litster George Clark Duncan Mcintosh Alexander Brand Alexander Brand² Charles Murray John Marjoribanks and William Pattoun late bailzies Thomas Broun Edward Marjoribanks and Andrew Mortoun Late Theasurers Andrew Patersone wright and Robert Inglis […] have Incurred the paines above wreitten In so farr as albeit There majesties privie Councill by there decreet daitted the eight day of December Instant for regulating the electione of the magistrats and Councill of the burgh of Edinburgh hade speciallie appoynted that the eldest magistrat in Councill when Conveened for that effect should preside Yet the saids Andrew Burce James Grahame Robert Blaickwood James Mclurg Michaell Allan George Fullartoun George Mitchell William Kerse Robert³ Inglis Andrew Ker Gilbert Somervell and John Pringle refused to allow Sir John Hall or Bailzie Grahame who were both present And were the eldest magistrates upon the place to preside As instruments taken thereanent bears And in manifest Contempt thereof allowed Bailzie Bruce to preside albeit it wes urged In behalf of one or other of the forsaids eldest magistrats, That the poynt anent who should preside might be cleared by the opinion of the Lords of there majesties privie Councill or the Chancellour And after Instruments were taken thereupon And there refuseing to admitt the said Sir John Hall or Bailzie Graham to preside Conforme thereto or to be determined by the privie Councill or Chancellour thereanent The said Sir John and these who hade adhered to the said Instrument Conceaveing themselves bound in duety not to sitt in any meeting where the authority of there majesties privie Councill wes despysed, did Imediatly withdraw Yet Nothwithstanding The saids Andrew Bruce, James Grahame Robert Blaickwood James McLurg, Michaell Allan George Fullartoun George Mitchell, William Kerse Robert Inglis Andrew Ker Gilbert Somervell and John Pringle did continow and usurped the office of the said toun councill of tuenty fyve as tho they hade been ane Sufficient quorum And did call in and admitt the saids George Clark Duncan Mcintosh Alexander Brand Alexander Baird Thomas Broun Charles Murray John Marjoribanks William Pattoun Edward Marjoribanks Andrew Mortoun Andrew Patersone […] Inglis and Samuell Walker proxies for Compleating there number and proceeded to Leitt and elect such persones as would most conduce for advanceing there sinistruous designes And for palliating thereof did Leitt and elect some persones who hade been verie usefull and Instrumentall in advanceing the true Interest of the said burgh and there majesties government But added such other Councillours as would be fitt tooles for advanceing there pernicious purposes Haveing good ground to beleeve that the greatest pairt of these who were elected by them to be magistrats In such ane Irregular maner would not Joyne in that society They haveing protested againest there procedure whereby they might have the more Convenient opportunity within few dayes thereafter with Less observatione to make choyse of such persones to be magistrates in there place who would concurr with them in manadgeing the effair of the said burgh at what rate they pleased without controll And Sicklyke albeit the saids Andrew Bruce Michaell Allan James Grahame Robert Blaickwood James McLurg George Fullartoun, George Mitchell William Kerse Robert Inglis Andrew Ker Gilbert Somervell and John Pringle when they were acting in that dissorderly maner (being no sufficient quorum as said is) Did refuse to admitt James Crawfurd chirurgeon William Livingstoun skinner John Meldrum furryer George Dalgleish hammerman and William Scott baxter who were chosen deacon councillours at Michaellmess And hade formerly taken the oath of alleadgeance and assureance To enter protestatione againest there proceedings untill they should again take and signe the said oath of alleadgeance and assureance which accordingly they did, being persons of known Integrity Loyalty and affectione to there Majesties and there government And then entered there protestatione againest the disorderly and Irregular proceedings of the saids Andrew Bruce Michaell Allan, James Grahame Robert Blaickwood James McLurg George Fullartoun George Mitchell William Kerse Robert Inglis Andrew Ker Gilbert Somervell and John Pringle yet Nevertheless they did receave in and admitt of the saids persones Called in by them as proxies to sitt and vote with them without putting the oath of alleadgeance and assureance to them albeit they hade never formerly in any capacity taken the same And the saids proxies who are Councillours for that speciall effect of Leitting and electing, the Magistrats and Councillours of the said burgh and so persones of publict trust Did exerce in that office without qualifyeing themselves By takeing the oath of alleadgeance and signeing the assureance Conforme to the acts of parliament Likeas the saids Andrew Bruce Michaell Allan James Grahame Robert Blaickwood James McLurg George Fullartoun George Mitchell William Kerse Robert Inglis Andrew Ker Gilber Somervell and John Pringle did not only make use of such persones to be proxies who nether did, nor at any tyme befor hade taken the oath of alleadgeance and signed the assureance But also did make choise of Samuell Walker peutherer as one of there proxies to supplie the place of ane absent Councillour albeit the said Samuell hade never been upon the Councill which is a practice without a paralell and contrair to the Inviolable sett and custome of the said burgh And therefore the said electione is not only unwarrantable as to all the members thereof and ought to be declared voyd and null But also the saids Andrew Bruce Michaell Allan James Grahame Robert Blaickwood James McLurg, George Fullartoun George Mitchell William Kerse Robert Inglis Andrew Ker Gilbert Somervell and John Pringle ought to be declared Incapable to bear office without the said burgh in any tyme comeing And punished with the paine of Infamie for violatione of the rules and Constitutiones of the sett of the metropolitan of this ancient Kingdome which is contained in ane decreet arbitrall pronunced by King James the sixth And thereafter ratifyed in parliament Together with the acts of privie Councill following thereupon And sicklyke George Clark, Duncan Mcintosh Alexander Brand Alexander Baird Thomas Broun Charles Murray, John Marjoribanks William Pattoun Edward Marjoribanks Andrew Mortoun Andrew Patersone […] Inglis and Samuell Walker ought to be punished in there persones and goods Conforme to the tenor of the Lawes and acts of parliament for there haveing exerced the offices of publict trust as toune Councillors without takeing the oath of alleadgeance and assureance thereby enjoyed And Letters ought to be direct for Citeing the forsaid defenders and also the haill magistrates and toun councill of Edinburgh alleadged elected at this Last pretended electione And Sicklyke Anent the Additionall Lybell raised and persewed befor the saids Lords at the Instance of the said persewals Makeing mentione That the said principall Lybell Containing severall nullityes in the Last electione and severall particular crymes in the defenders electiones And for which as in the said principall Lybell The said electione is Craved to be declared null and the Electors to be punished Conforme to the conclusione thereof So and by the additionall articles in this Lybell and as a farder Contraventione of the sett And of the Lords of Councill there Last Interloquitor The said Electione is yet farder voyd and null and the defenders farder Culpable throw there Illegall procedure And which will be evinced from the following grounds In so farr as albeit by the Last Interloquitor of the Lords of Councill These that are chosen proxies for Leitting must Continow Lykewayes proxies for electing the magistrats and not to be changed unles the persone whom they represent returne imedio tempore As also and albeit by that chapter (page nynteinth) of the sett anent warning the Councill There are no proxies to be chosen for deacons without doores But and in case of there being personally warned and not compearing The deacon of the former year or he that wes in Leitt with the said deacon for the current year are to be Called to supplie there roume And in case of there absence They being all personally warned and not Compearing The Councill wes to proceed without them And in Lyke maner And albeit by the said sett no man that is elected a magistrat can exerce in that statione without takeing the oath de fideli Yet Nevertheless It is of verity that the forenamed persones in the principall Lybell have manifestly contraveened both the said Interloquitor of Councill And have violate the said sett In so farr as that Samuell Walker Ues chosen proxie for George Dalgleish deacon of the Hammermen one of the ordinarie Councill upon Frydday the nynth Instant to the Leitting of the Magistrates albeit he hade never been formerly a Councillour ofbefor And that James Cleilland wes chosen proxie and did vote as such for James Crawfurd deacon of the Chirurgeons on the said Frydday yet upon Saturnday therefter being the day of the Electione The said Samuell Walker who wes unwarrantably chosen as aforsaid the day befor And hade right by the sett to supplie Dalgleishes roume on the Saturnday (Walker haveing been in the Leitt with him when he wes elected deacon) wes not admitted proxie But Patrick Chalmers wright wes chosen proxie for the said George Dalgleish And Thomas Hamiltoun wes chosen proxie for the said James Crawfurd that day And these tuo did vote as proxies for the said George Dalgleish and James Crawfurd albeit The defenders were nowayes straitned to have taken so extraordinarie ane methond If it hade not been upon designe for there oune private ends Because the deacon of that same trade for the year Imediatly preceeding and other deacons of that trade were upon the place who formerly hade been Councillours And yet were not cited to vote as proxies which wes a Contempt of the authority of privie Councill And in direct opposition to there said interloquitor Secundo The siad defenders have violate the sett In so farr as They did elect Thomas Hamilton maisson proxie for the said James Crawfurd deacon of the Chirurgeons albeit he wes a deacon out of doores And so not in the Councill upon the said saturnday And did elect Patrick Chalmers wright proxie for the said George Dalgleish Patrick Hunter Shoemaker proxie for William Livingstoun skinner Alexander Sword weaver proxie for John Meldrum furryer and deacon of that trade James Glasgow weaver proxie for William Scott baxter deacon of that trade and William Cochran weaver proxie for John Finn waller and deacon of that trade albeit all the said persones were deacons out of doores For whom the other persones were chosen proxies ut supra And that without warning the said deacons personally or so much as warning in place of these proxies the former deacons on these in Leitt with them which is a fouble error Sieing by the sett In absence of the deacon out of Doores The former deacon or he that is in the Leitt with him is to supplie his place And these being warned as a forsaid personally and not Compearing. The Councill be ane express clause of the sett is to proceed ut supra so as that these deacons out of doores are not to be represented by proxies without a direct violatione of the sett And which is farder aggravate In that most of the proxies that were chosen were out of other trades then these deacons For whom they were chosen proxies And which Last perse (If tollerate) will Confound the haill designe of the sett and the order amongst the Severall trades in the electione of magistrates Because the eight deaconries by this method and by choosing proxies Indifferently out of every trade may be all represented in the electione of the Magistrates by Eight traidsmen of any one trade of the saids eight deaconries as there are above three in the present case of the trade of the weavers Tertio The said Charles Charters one of the magistrats elected in the Last electione Hes violate the sett in accepting the said office throw his not takeing the oath de fideli as is particularly Enjoyed by the sett And therefore the haill forenamed persones all above complained upon and in the principall Lybell are not only Guilty of the particular crymes therein specifyed But Lykewayes are guilty In the acting contrarie to the Interloquitor of Councill And as contraveeners and violaters of the sett upon the grounds above sett doun For which they ought to be severely punished in there persone and goods Conforme to the Conclusion of the forsaid principall Lybell which as to that pairt And In relation to the said Conclusione is herein holden as repeatted brevitetis causa in this additionall Lybell Sieing the defenders have gott Coppies of the said principall Lybell To which the said additionall Lybell doeth relate ut supra. And Anent the Charge Given to the said defenders both in the principall and additionall Lybells To have Compeared befor the saids Lords at ane certain day bygone To have ansuered to the saids Complaints principall and additionall And to have heard and seen such order and Course taken there anent. As the saids Lords should find Just As the saids tuo Lybells and executiones thereof at more Length bears And The Saids Lybells being upon the nynth day of Februarij instant Called in presence of the saids Lords And the persewers at least some of them Compearing personally with Sir James Ogilvie there majesties sollicitor Sir Robert Colt Sir Patrick Home Mr John Meinzies Mr George Alexander Mr James Stewart and Mr Henrie Robertsone advocats for the haill persewers And the defenders at least some of them Compearing also personallie with Sir David Thoirs and Mr Hugh Dalrymple advocats for the haill defenders The Saids Lybell Together with the additionall Lybell being both read The saids Lords appoynted both pairties and there advocates to first place viz whether or not the electors in this Last electione have obeyed the act of privie Councill in that heid appoynting the eldest magistrat present to preside And whether or not these electors were a sufficient quorum And If they were not a quorum If the same be sufficient to annull that electione And in the mean tyme ordained the defenders to produce in the hands of the Clerks of Councill betuixt and this said day the sett of the burgh of Edinburgh and books of the toun councill of the same or other wreitts which may satisfy the productione in this actione being ane reductione. In obedience to the which Interloquitor the defenders produced in the hands of the Clerks of Counill ane minute book of the toun councill of Edinburgh Containing the sederunts of Leitting and electing the magistrats and toun councill upon the tenth of december Last by past with the act and decreet of privie Councill both in December Last Reduceing the electione of the magistrats and toun councill made at michaellmes Last and declareing the severall persones therein named In capable of electing or being elected in the new electione therein mentioned appoynted by the saids Lords of privie Councill And The saids Lybells being this day again called In presence of the saids Lords of privie Councill And the perswers At least some of them Compearing personally with The Saids Sir James Ogilvie there Majesties sollicitor Sir Robert Colt Sir Patrick Home Mr John Meinzies Mr George Alexander Mr James Stewart Junior and Mr Henrie Robertsone advocats for the saids haill persewers And the saids defenders At least some of them Compearing also personally with Sir David Thoirs⁴ Mr Hugh Dalyrmple Mr Thomas Skene and Mr David Cunninghame advocats for the haill defenders The Lybells both principall and additionall and ansuers thereto being read And both pairtyes advocats being fully heard upon these points whereupon they were appoynted by the Last Interloquitor to be readie to debate The Saids Lords of there majesties privie Councill haveing considered the Lybells principall and additionall with the ansuers made thereto And the minutes of the toun councill of the nynth and tenth of December Last And Instruments taken and Insert in these dayes sederunts anent Bailzie Bruce his being president And the removeall of severall members off the toun councill They Find this Lybelled reasone of reductione That the Electors of the Magistrats and toun councill of Edinburgh Elected upon the said tenth day of december Last J^aj vj^c nyntie tuo were not a sufficient quorum of the toun councill Relevant and proven And therefore Reduces the Electione of the Magistrats and toun councill made at that tyme And declares the same voyd and null And ordaines the magistrats and Councill elected at michaellmes Last J^aj vj^c nyntie tuo years to reenter to the administration of the Government of the toun and exercise the same