Selected quad for the lemma: state_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
state_n	council_n	majesty_n	privy_a	1,209	5	9.6979	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87260	Information for James Mclurg late dean of Guild of Edinburgh, George Clerk, Robert Blackwood and others, merchants and tradesmen of Edinburgh against Sir John Hall, Sir Archibald Muir, and others the present magistrates and council thereof.		1694 (1694)	Wing I164aA; ESTC R178645	13,017	11

Magistracy it is true some Magistrats may have transgressed against it in one particular and some in another But this Magistracy hath trampled upon and invaded it on all corners and the Meeting of Estates having a special regard to the Imposing of Magistrats by an undue Election did state that as an Article in the claim of Right to be contrair to Law and did once appoint Popular Elections that Magistracy might ever proceed by a legal and due Election in time coming So that no Precedent before the Poll can be sustained against the Constitution of the City Another notable Violation of the Set was at the last two Elections in so far as the Set appoints 30 persons to be present at Leeting and expresses the different and distinct Capacities of each of these 30 persons pages 14 and 15. and appoints the said 30 persons with eight Craftsmen more to be present at the Election yet Deacon Carse and Deacon Stirling were elected each in two distinct Capacities the one an extraordinary Deavon and Trades-counsellor and the other to wit Deacon Stirling an old Counsellor and a new Counsellor at the same time and because the Set provides 30 and 38 to be present at Leeting and Election respectivè therefore two Proxies were chosen one for Deacon Carse and another for George Stirling though they were both personally present It was Answered There is nothing in the Set to hinder any person to be elected in two several Capacities and particularly to hinder an extraordinary Deacon to be a Trades-counsellor or a Trades-counsellor one year to be continued another and that does not abridge the number of these who Leet and Elect because Proxies are chosen to make up that number It was Replyed This is also altogether against the Set for it doth not only determine the number of persons but likewise doth express their several Capacities and if one might supply two Capacities the number of the Council might be abridged to the one half as for example if George Stirling being a Trades-counsellor the last might also be continued this by the same reason the other Trades-counsellor might be continued and likewise the three Merchant-counsellors and so 5 of the old Council would be also 5 of the new notwithstanding the Set page 15 provides that the new Council of 18 persons and the old Council of 12 shall meet for the making of Leets and by this means the old Council will be reduced to seven persons so that it is clear that the Set doth provide the 12 and 18 to be different and distinct persons to prevent Packing and whereas it is pretended that 5 Proxies may be chosen to supply the place of the old Trade or Merchant Counsellors it is answered that does not at all take off the Inconvenience for by the Set the full number are once to be chosen of distinct several persons and the absence of any Party is to be supplied by Proxies but that there should be a want in the Constitution and in place of 38 there should be only 33 or a smaller number elected upon the Council that would intirely enervat the Set. 2. The supplying these wanting persons by Proxies doth not at all answer the design of the Set for these who have the Plurality of the ordinary Council can chuse Proxies as they please with prospect to the particular design in hand and so are absolutely Masters of any Election and if this were once allowed a factious Party would always abridge the number that they might fill them up upon a particular prospect and the gaining of one Vote is most ordinarly to gain all the Election and one Vote of the Trades is worth two of the Merchants because the Trades being incapable of Magistracy they are ordinarly invidious and jealous of inhauncing the Government and with great difficulty can they be pacqued and therefore the Set allows them a greater Interest at Election than at any other time they begin ordinarly less than the third and at the Election they are 18 of 38 and by immemorial custom they do absolutely rule and influence Elections by the Magdalen-Chappel for they are allowed to meet separatly there and to Vote upon the Leets of every Magistrat and who ever hath the plurality of Votes the smaller part by immemorial custom doth join with the greater whereby they have 18 uniform Votes at the Election and by gaining two of the Merchant-Council they have the Plurality so that if a pacquing Magistracy should be allowed to abridge the number of Trades till the Election did occur the Merchants in the ordinary Council who are easily swayed by advancement into the Magistracy and who have the greatest influence in it would chuse Proxies for Trades one or moe for the purpose and it would be no difficulty to gain the plurality of the Trades in the Chappel and thereby to carry the whole Election And as to the Alledgance that the like has been practised before There is only a single Case instanced at the time when Elections were not free which can make no Rule Constant Custom hath prevailed to give the Magdalen Chappel the over-ruling power of Elections wherein no great Inconveniency hath ever been found but at the last Election the major part being against Sir John Hall seven of 18 that were for him did combine and enter into a written Ingagement that they should adhere to him which is a Practise without precedent contrary to Law and publict Utility tending only to Faction and this point being simply denyed it is proven by the Oaths of the Subscribers all of them having acknowledged the Signing of a Paper predetermining them as to the Election The Set also appoints page 16. that the Council of 30 should solemnly protest before God that they shall chuse without Fead Favour or Collusion and the secret Practises for carrying on this Election being known it was required that every Member should be appointed to protest in the Terms of the Set which was absolutely refused and Instruments taken thereupon and it is false which is pretended that ever Baillie Blackwood did acquiesce else the Instrument would not have been insert The Proxies not having answered expectation at the last Election they were removed by a Vote of Council and tho the eight extraordinary Deacons were present yet they were not admitted to Vote either whether they should be removed or who should be chosen in their places because none of them were for the present design It was answered 1. Proxies have only a precarious Right and being chosen only for a particular effect they might be removed and new ones chosen at every Dyet 2. The extraordinary Deacons had no Interest to Vote anent the Proxies because they have only Right to Vote in the Election It was Replyed 1. It is true Proxies are only chosen to a special effect but that effect is all that relates to the Election and they have as good right to act and vote in relation to it as any other in the Council it is true they are but Proxies for absent persons if the persons whom they represent should appear at the Dyet they are elected or any other they had no more Interest but in absence of these for whom they are Proxies they cannot be removed and they never were removed in any case 2. The Set appoints 30 persons for Leeting and the Title Election page 16. doth provide that the saids 30 persons with 8 extraordinary Deaons shall Elect so the same 30 who have Right to Leet are also to Elect and cannot be removed and it is without all precedent to remove Proxies once chosen and in this case the Proxies upon the first Election had already attended two Dyets and were cited to attend the third at the Election tho they were removed when they came 3. The Set page 17. appointing the 8 extraordinary Deacons to be present at the Election they are a part of the Council that day and nothing can be Voted in that Council whereof they are a part without allowing them a Vote yet they were not suffered to Vote anent the Proxies and if they had they would have retained them The Set doth also provide that none shall be advanced to the Magistracy unless they have been one year or two upon the Council before yet Patrick Johnston was Elected a Baillie at the Election 1691 and James Bowden at the last Election tho neither of them was ever a year upon the Council And whereas it was pretended that annus ceptus procompleto habetur It is answered the Set bears they shall be a year or two which must at least import that they have been one intire year upon the Council And seing the Pursuers have only raised this Complaint as faithful Burgesses for the Preservation of the Fundamental Laws and Constitutions of the City without any by end or project of advancing any of themselves into the Magistracy but that there may be a free Election of such persons as may be acceptable to the people and such as may be most fit for supporting the Interest and Government of the Church and State as they are by Law established and that all of the Pursuers did very early evidence their Loyalty and Affection to both and particularly when this Nation was threatned with a most unnatural Invasion they are humbly Confident that the Lords of their Majesties Privy Council will be careful to preserve the Priviledges and Constitutions of this Metropolitan City and punish the persons Guilty of and Accessory to the foresaid Violations and Invasions upon the Set and Decreet Arbitral and annul the last illegal and informal Election and Authorize the Magistrats and Council in Office before Michaelmass last to begin a new and formal Election excluding always these who have been Accessory to the foresaid Invasions viz. Sir John Hall Sir Archibald Muir William Menzies George Stirling Patrick Haliburton and Patrick Johnstoun and the ordinary Deacons who have been accessory to the Combination