[A1597/3/10]¹

Procedure: denunciation of the council of Edinburgh

Denunciation of the provost, bailies, council and deacons of crafts representing the whole body of the burgh of Edinburgh

²Forasmuch as the provost, bailies, council and deacons of crafts representing the whole body of the burgh of Edinburgh, being charged upon the [...] day of January last by virtue of our sovereign lord's letters passed upon an act of secret council to have entered their persons in ward within the burgh of Perth upon 1 February thereafter and now bypast, therein to have remained and kept ward thereafter upon their own expenses until they had been tried foul or clean before the justice and his deputes in the tolbooth of the burgh of Perth of the late treasonable attempt committed against his majesty, his nobility and council and others of his good subjects within the said burgh of Edinburgh upon 17 December last, according to the particular indictment to have been given in thereupon, and that justice be administered as appertained, as the said letters and charge foresaid given by virtue thereof at more length bears; thereafter by a supplication given in to his majesty and council upon 28 January by the bailies, dean of guild, treasurer and whole persons being upon the council of Edinburgh and deacons of crafts this present year, the day of their entry within the said burgh of Perth was prorogated by a deliverance upon the back of the said supplication to 15 February thereafter also now bypast; likewise by another supplication given in by them to his highness and his said council upon 11 February, their entry by another deliverance given upon the back of the same supplication was of new prorogated to 1 March instant, upon which day it was specially declared in the same deliverance that it should be permissible to two of the said bailies of Edinburgh, the dean of guild, treasurer, four of the principal deacons and four of the council, with their clerk, to enter themselves personally within the said burgh of Perth, having sufficient power and commission of the provost, bailies, council and whole community of the burgh of Edinburgh, through which they might always represent the whole body thereof and underlie whatsoever thing should be enjoined to them as if the same whole body were all personally present; which deliverance and conclusion then taken was of new renewed by another deliverance given upon the back of another supplication given in at last to his majesty and his council upon 22 February, as all the same supplications and deliverances foresaid given upon the backs thereof, produced before his highness and his said council, at more length bears. According to the tenor whereof, act of secret council and letters foresaid passed thereupon, the said two bailies, dean of guild, treasurer, four of the council and four deacons of crafts foresaid, with their said common clerk, extending in the whole to the number of 13 persons, being warned and called to have compeared personally before his highness and lords of secret council this day, and Roger MacNaught, George Todrig, bailies, Thomas Aikenhead, dean of guild, Richard Dobie, treasurer, Henry Nisbet, John Robertson, John Watt, Alexander Miller, Archibald Martin and Robert Livingstone, deacons of crafts of the said burgh of Edinburgh, and Master Alexander Guthrie, their common clerk, compearing all personally, who produced a procuratory and commission given to them and to William Maule and Hugh Brown, their fellow burgesses, by the said provost, bailies, council and whole deacons of crafts of the said burgh of Edinburgh, dated at the same burgh upon 24 February, subscribed by the said Master Alexander Guthrie and William Stewart, notary clerks thereof, under the seal of eque of the same. Which procuratory and commission being read, heard, seen and considered by his highness and his council, his majesty enquired of the persons present if the whole persons expressed in the same procuratory and commission which consisted in the said number of 13 persons were all personally present within this burgh of Perth through which they might be accused as representing the whole body of the said burgh of Edinburgh according to the foresaid act and letters direct. Thereupon it was answered that they were all personally present except the said William Maule, who remained at home and was absent by virtue of his highness's letter of dispensation granted to that effect; which letter, subscribed by his majesty and his secretary, of the date at Holyroodhouse, 11 January, they produced before his highness and his said council to verify the same. Which letter of dispensation, being read, heard, seen and considered, his majesty and lords of secret council finds the same letter not to be a sufficient warrant to the said provost, bailies, council and community of the said burgh of Edinburgh in respect that by the foresaid deliverance given by his highness and council upon the back of the said supplication given in upon 11 February, which is long after the date of the said letter of dispensation, they were expressly appointed to enter personally within this burgh of Perth two of their bailies, deans of guild, treasurer, four of the council and four deacons, with their clerk, representing the whole body of their towns, which consists in the said number of 13 persons; of the which number, one of them being absent, expressly against the tenor of the same deliverance passed since then, they have in that respect altogether disobeyed and not fulfilled the foresaid act and ordinance and letters and charges given to them by virtue thereof, and so have deserted the diet appointed for their trial, seeing without the full number of 13 persons, having commission for the whole body of the said burgh of Edinburgh, the same trial cannot be had, and through this have frustrated his majesty of justice and most proudly and disdainfully contemned his highness's authority and laws. And therefore ordains the foresaid letters directed against the provost, bailies, council and deacons of crafts of the said burgh of Edinburgh, representing the whole body thereof, to be put to further execution in all points according to the tenor thereof, and to this effect: that one officer of arms pass and denounce them his highness's rebels and put them to the horn, and escheat and collect all their moveable goods to his highness's use for their contemptuousness, for the reasons and causes particularly above-mentioned.