[A1597/3/10]¹

Procedure: denunciation of the council of Edinburgh

Denunce the provest, baillies, counsale and deaconis of craftis representing the haill bodie of the burgh of Edinburgh

²Forsamekle as the provest, baillies, counsall and deaconis of craftis representing the haill bodie of the burgh of Edinburgh, being chargeit upoun the [...] day of Januair lastbipast be vertew of oure soverane lordis lettres past upoun ane act of secreit counsaill to have enterit thair personis in warde within the burgh of Perth upoun the first day of Februair thaireftir and now bipast, thairin to have remanit and keipit warde thaireftir upoun thair awne expenses ay and quhill thay had bene tryit foule or clene befoir the justice and his deputis in the tolbuith of the burgh of Perth of the lait tressounable attempt committit aganis his majestie, his nobilitie and counsaill and uthiris his gude subjectis within the said burgh of Edinburgh upoun the xvij day of December lastbipast, according to the particulair dittay to have bene gevin in thairupoun, and that justice be ministrat as appertenit, as the saidis lettres and charge foirsaid gevin be vertew thairof at mair lenth beiris; thaireftir be ane supplicatioun gevin in to his majestie and counsaill upoun the xxviij day of the said moneth of Januair be the baillies, dean of gild, thesaurair and haill personis being upoun the counsale of Edinburgh and deaconis of craftis this present yeir, the day of thair entrie within the said burgh of Perth wes prorogat be ane deliverance upoun the bak of the said supplicatioun unto the fiftene day of Februair thaireftir alsua now bipast; lyke as be ane uthir supplicatioun gevin in be thame to his hienes and his said counsale upoun the ellevint day of the said moneth of Februair, thair entrie be ane uthir delivuerance gevin upoun the bak of the same supplicatioun wes of new prorogat unto the first day of Marche instant, upoun the quhilk day it wes specialie declairit in the same deliverance that it sould be lesum to tua of the saidis baillies of Edinburgh, the deane of gild, thesaurair, foure of the principall deaconis and foure of the counsaill, with thair clark, to entir thame selffis personalie within the said burgh of Perth, haveing sufficient pouer and commissioun of the provest, baillies, counsale and haill communitie of the burgh of Edinburgh, quhairthrou thay micht alwayes represent the haill body thairof and undirly quhatsumevir thing sould be enjoynit to thame as giff the same haill body wer all personalie present; quhilk delyverance and conclusioun then tane wes of new renewit be ane uther delyverance gevin upoun the bak of ane uthir supplicatioun gevin in at last to his majestie and his counsaill upoun the xxij day of the said moneth of Februair, as all the same supplicationis and delyveranceis foirsaidis gevin upoun the bakis thairof, producit befoir his hienes and his said counsale, at mair lenth beris. Conforme to the tennour quhairof, act of secreit counsaill and lettrez foirsaidis past thairupoun, the saidis tua baillies, deane of gild, thesaurair, foure of the counsale and foure deaconis of craftis foirsaidis, with thair said commoun clark, extending in the haill to the noumer of threttene personis, being warnit and callit to have comperit personalie befoir his hienes and lordis of secreit counsale this day, and Roger McNaucht, George Todrig, baillies, Thomas Aikinheid, deane of gild, Richard Dobie, thesaurair, Henrie Nesbitt, Johnne Robertsoun, Johnne Watt, Alexander Millair, Archibald Martine and Robert Levingstoun, deaconis of craftis of the said burgh of Edinburgh, and Maister Alexander Guthrie, thair commoun clark, compeirand all personalie, quha produceit a procuratorie and commissioun gevin to thame and to Williame Mauld and Hew Brown, thair comburgeses, be the saidis provest, baillies, counsale and haill deaconis of craftis of the said burgh of Edinburgh, daitit at the same burgh upoun the xxiij day of the said moneth of Februair, subscrivit be the said Maister Alexander Guthrie and Williame Stewart, notair clarkis thairof, undir the seill of eque of the sam. Quhilk procuratorie and commissioun being red, hard, sene and considderit be his hienes and his counsaill, his majestie inquirit of the personis present giff the haill personis expressit in the same procuratorie and commissioun quhilk consisted in the said noumer of xiij personis wer all personalie present within this burgh of Perth quhairthrou they micht be pannellit as representing the haill body of the said burgh of Edinburgh conforme to the foirsaid act and lettres direct. Thairupoun it wes ansuerit that thay wer all personalie present except the said Williame Mauld, quha remanit at hame and wes absent be vertew of his hienes lettre of dispensatioun grantit to that effect; quhilk lettre, subscrivit be his majestie and his secretair, of the date at Haliruidhous, the xj day of the said moneth of Januair, thay produceit befoir his hienes and his said counsaill to verifie the samin. Quhilk lettre of dispensatioun, being red, hard, sene and considderit, his majestie and lordis of secreit counsaill findis the same lettre not tobe a sufficient warrand to the saidis provest, baillies, counsaill and communitie of the said burgh of Edinburgh inrespect that be the foirsaid deliverance gevin be his hienes and counsaill upoun the bak of the said supplicatioun gevin in upoun the xj day of the said moneth of Februair, quhilk is lang eftir the date of the said lettre of dispensatioun, thay wer expreslie appointit to entir personalie within this burgh of Perth tua of thair baillies, deans of gild, thesaurair, foure of the counsaill and foure deaconis, with thair clark, representing the haill body of thair towns, quhilk consistis in the said noumer of threttene personis; off the quhilk noumer, ane of thame being absent, expres aganis the tennour of the same delyverance past sensyne, thay have in that respect altogidder dissobeyit and not fulfillit the foirsaid act and ordinance and lettres and chargeis gevin to thame be vertew thairof, and sua hes desertit the dyet appointit for thair tryall, seing without the full nowmer of threttene personis, haveing commissioun for the haill body of the said burgh of Edinburgh, the same tryall can not be had, and thairthrou hes frustrat his majestie of justice and maist proudlie and disdainfullie contempnit his hienes authoritie and lawis. And thairfoir ordanis the foirsaidis lettres direct aganis the provest, baillies, counsaill and deaconis of craftis of the said burgh of Edinburgh, representing the haill bodie thairof, tobe putt to forder executioun in all pointis conforme to the tennour thairof, and to this effect: that ane officiar of armes pas and denunce thame his hienes rebellis and putt thame to the horne, and escheit and inbring all thair movable guidis to his hienes use for thair contemptioun, for the ressonis and causes particularlie abonementionat.