Edinburgh the 17th November 1702

D1702/11/8

D1702/11/8¹

Decreet

Decreit, Deprevation William McCalla Against Alexander Edgar and others etc

Annent The Principall lyble or Letters off Complaint Raised and perseued befoir the Lords of Her Majesties privie Councell att the Instance off William McCalla provest off Haddingtoun For himself and In name off the Community therof With Concurse off Sir James Steuart Her Majesties Advocat Her Majesties Advocat For her highness intrest In the matter underwrittin Makeing Mention That wher By the Laws off this and all other weell Governed Realms Pace and good order ought to be observed Especiallie within Burghs Royall Which For that end are more particularly under Her Majesties² Government and Cair by the Magistrats and other officers off the Law appointed by her Majesties within the same For that effect And that nothing can be more conduceing to the ends Forsaid Then that the Provest and Cheiff Magistrat in each Burgh Have all due honour and respect payed him And Especiallie that his previlidge be observed in calling, holding and adjourning the meetings off the Toun Councill as he shall Judge Fit For the good off the Burgh and that who opposes this good and necessarie order and policie are in effect Disturbers off the pace and quiet off the Burgh Soe that iff this opposition be made by any off the other Magistrats or off the Councill off the Brugh Who ought principally to preserve the said good order They ought to be deprived and Declaired Incapable off any Further trust within the same Nevertheless It is off verity That the Burgh Royall off Haddingtoun, Being well settled and provyded By Her Majesties Cair off a Provest, Baillies and other officers who hitherto have governed the same weell and quietly in ther due subordination and with a just deference To ther Provest in Calling, holding and adjourning off ther Councills as hath not been off befoir questioned, Yet the said William McCalla Being ther Provest For this present year and Haveing upon a recept off a Letter From the Provest off Edinburgh Desireing that the Burgh off Haddingtoun might send a Commissioner To a Convention off the Royall Burrowes By him Called to meet att Edinburgh The sexteenth day off this moneth off october Therupon Called the Toun Councill off the said Burgh To meet the Fourtheen off the said moneth And the Toun Councill being accordingly Meet The said William McCalla Provest Did Declair to them the cause off ther meeting and Desired them in Compliance with the said Letter To choyse a Commissioner For the said Convention of Burrowes But Alexander Edgar one off the Councill off the said Burgh Did instantly oppose alleadging That befoir choyseing a Commissioner to the Convention off Burrowes They ought First choyse a Commissioner to the Parliament appointed to meet in November To which the said Provest made answer That he had called that meeting on the occasion and For the end Forsaid and the meeting off the Burrowes was appointed to the sexteen of the moneth and could admitt off noe delay Wher as ther was tyme enough For choyseing a Commissioner to the Parliament and that was not the appointed work off the day, nor Fie to be gone about without due preparation and advertisment But the said Alexander Egar Doubting That he had befoir required a particular appointment about the Choyseing a Commissioner For the Parliament and protested upon it And the Provest answering that he had not admitted the Provest Because it was taken unseasonablie affter the Town Councill was adjourned and appeared more Factious then was fitt The said Provest Did very rationally according to his previlidge adjourne the said Councill off the Fourthteen instant takeing Instruments That ther not sending a Commissioner might not prejudge them in the Convention But the said Alexander Edgar, Robert Gray, Mr James Dods, and William Hay, Baillies with Richard Miller Dean off Gild, James Robertson Thesaurer, David Forrester, George Sleich, Mr John Young Alexander Miller, Robert Broun, James Smith, John Coult, James Erskine, James Hadding, and Andrew Simpson Councellours not regairding the said adjournment and in manyfest contempt off the Provest and his authoritie Did refuse to adjourn But sitting still Did choyse a preces in place off the Provest who had withdrawen and went on in ther Packt meeting to which they had now turned the Councill To treat and voit in the greatest concerns off the Burgh For which they wer noe wayes called to that day and to the manyfest fomenting and stirring up disorder againest the order and good rule off the Burgh By all which It is evident That the Forsaids persones and each off them are guilty airt and pairt off a great disorder againest the order and good rule off the Burgh By all which It is evident That the Forsaids persones and each off them are guilty airt and pairt off a great Disorders and Contempt off authoritie conterar to the good rule and Government off the Burgh Which being proven as the samen is manyfest By the pretended sederunt They called the Clerk to mark off ther preeceedings They ought to beg therfor Deprived and Declaired incapable off publict trust within the said Burgh And Further punished in ther persones and goods As the saids Lords off Privie Councill shall see cause To the Example and terror off others to Committ the lyke in tyme comeing And annent The Chairge given to the saids deffenders To have Compared personally Befoir the saids Lords off Privie Councill at ane certain day Last by past To have answered to the Forsaid Complent and to have heard and seen such order and Course taken therannent as appertained With certefication as in the principall lyble or Letters off Complaint raised in the said matter with the executiones therof at more length is Contained And syke lyke annent The lyble or Letters of Reconvention raised and persewed Befoir the saids Lords of Her Majesties Privie Councill Att the Instant off Alexander Edgar, late Provest of Haddingtoun, Robert Gray, Mr James Dod’s and William Hay Baillies, Richard Miller Dean of Gild, George Sleigh, Mr John Young, Alexander Miller, Robert Broun, James Smith, John Coult, James Erskine William Regbie, James Haddin and Andrew Simpson all Councellours off the said Burgh off Haddingtoun With Concourse off Sir James Steuart Her Majesties advocat For her highness intrest in the matter under writtin Makeing Mention That wher By the laws off this Nation and By the good rules and Laws Introduced For the right manadgeing and administration off the Royall Burrowes all arbitrarie wayes and methods taken by officers and others that have trust within burgh and For the Provest therof To assume to himself a dispotick power in Counteracting and opposeing what is deemed to bee For the proffit off the Burgh and accquiesced in by the plurality of the Councill and not only shiffts and delays to call Councills when the affaires off the Burgh Doe seasonably requyre the same But also when Councills are called and overtures made relaitting to the affaires off the Burgh Seconded and consented to by the plurality off the Councill Takes upon him to adjourn the same in the midest off such matters in agitation Tending therby to obstruct the good and weellfair off the Burgh are conterar to the previlidges off the Burghs Laws and Constitutions therof, and is the assuming a power noewayes Compitent to the Provest And Therfor are high misdemannors sevearly punishable Nevertheless It is of verity That William McCall present provest of Haddingtoun Did vent himself in seaverall Companies That he would not call the Toun Councill In order to the Electing a Commissioner to the Enseueing Parliament be that the Burgh should have noe Representation therin and did offer to Intise some of the Magistrats and Toun Councill That they would goe along with and accord to him in this project or in caice he should call a Councell to the effect Forsaid, He should doe it upon such short advertisment and at such time as might serve his owen purposes and Ends Insinuating therby That he would take occasion off the absence off some off the Councellours Notwithstanding off the Constant Custome off Burghs Intimatione should be made at least the Evening befoir the meeting off the Councill And Further many off the good Burgesses and Councellours off the Toun Finding From such expresisons and carriadge off ther said Provest That he had his owen privat designe And fearing that they should not have a Representative in Parliament or such as ther Inclinationes would not lead them to Did Therfor Desire and require That a Councill might be called and that upon the usuall previous Intimation As Instruments taken therupon Doe bear Nevertheless He still shiffted and delayed the same And Furder the said William McCall Haveing called a Toun Councill upon the Fourthteen of October last Wherin wherin³ it was overturned By the said Alexander Edgar Complainer Seconded By the plurality off the Councill That they should then proceed To Elect a Commissioner For the Ensueing parliament not only Did the said William McCall oppose the same and refuise to let it come to avoit But most imperiously and arbitrarly though he was then only acting as precis and hes not a negative By the Laws and Constitution off the Burghs offered to adjourn the meeting and actuallie Did use the Forme off it and went away and left the meeting Conterar to all good rule and order And not only does he thus assume ane arbitrarie power and Infringe the privilidges of the Burgh and Councill therof But Lykewayes off purpose to vex and molest the Councillours therof and put them to Chairges and expensses Her Raised other Letters off Complaint groundless and Irrelivant albeit being Laufullie Conveened at the said day and all the Magistrats Except the said Provest and a Full Quorum off the Councill Remaining They acted in nothing But Conforme to Law Ther Rights and previlidges wherthrough the said William McCall Is guilty off all or ane or other off the Forsaids Crimes and Misdemannors And Therfor ought not only to be declaired Incapable off all publict trust within the said Burgh But Lykewayes Decerned in the soume off Two Hundereth pounds For expensses and damnadge occasioned to the saids Persewers Through his groundless and malicious persuit and other wayes punished in his person and goods As the Saids Lords off Privie Councill shall think Fit To the terror off others To Committ the lyke in tyme Comeing And Annent The Chairge Given to the saids Deffenders To have Compeired personallie Befoir the saids Lords of Privie Councill at ane certaine day bygone And to have heard and seen such order and Course taken therannent as appertained With Certefication its the saids Letters or lyble off Reconvention with the executiones at more length bears Which Lyble principall and Lyble of Reconvention Being boeth this day called In presence off the said’s Lords off Her Majesties Privie Councill And the said William McCalla Persewar in the said Principall Lyble Who is Deffender in the Lyble off Reconvention Compring personallie at the Barr with Sir James Steuart Her Majesties Advocat Mr David Forbes and Mr Francis Grant his Procurators and the said Alexander Edgar Deffender in the principall Lybel and one off the perseuars in the Reconvention With Robert Gray Baillie there Compeiring also personallie with Sir John Erskine Sir Walter Pringle, Sir Andrew Home and Mr Alexander Hay there Procurators And the principall Lyble with answers therto and the Reconvention all Fully read And boeth pairtes procurators Being heard at the Barr and removed And the Councill haveing Considered the same They have Found and heirby Finds That the said William McCalla Provest of Haddingtoun acted warrantablie in adjourning the Councill off that Burgh upon the Fourthteen day of October last By past And that the said Alexander Edgar and the other persewars in the Reconvention, there sitting still and acting after the Councill was adjourned was unwarrantable And Therfor the saids Lords Have Depryved and uncapacitated and heirby Depryves and Uncapacitats The saids Alexander Edgar one of the Councill off the said Burgh off Haddingtoun Robert Gray Baillie there Master James Dods, Baillie there, James Robertson Thesaurer, David Forrest Councellour there, Mr John Young Councellour there Alexander Miller Councellour there and John Coull Councellour there From any offices within the said Burgh and From Exercing any pairt therof in tyme comeing Dureing the Councills pleasure theranent.