INFORMATION FOR The magistrates and Town-Council of Glasgow, Against George Lockhart Merchant there, and his Adherents Merchants Inhabitants of the said Burgh.  
THe said George Lockhart and his Adherents, gave in a Complaint the last Session of Parliament, upon John Anderson of Dovehill present Provost, and the bailies and Town-council of the Burgh of Glasgow, that the Charter granted by his Majesty, with the Act of Parliament 1690. in favours of the Town of Glasgow, have not been observed in the Election of the magistrates and Town-Council, and that the Inhabitants of the said City have been over-stented since Whitsunday 1693, in the Sum of 32000 lib. scots unduly imposed, and as unwarrantably exacted; And therefore craving, that it may be found and declared, that the Merchants and Trades-Halls in Glasgow have the right freedom and privilege of voting at the Election of Provost, bailies and Town Council, comform to the Set thereto annexed, and desired to be approven in time coming; as also to have heard and seen the foresaid Imposing and Exacting of stint more than allowed by Act of Parliament, to have been found unwarrantable and discharged in all time coming, and that such as concurred in imposing and exacting the foresaid unwarrantable stint, ought to refound the same to these concerned.  
Which Bill and Complaint having been remitted by the Estates of Parliament to the Lords of Session, to be by them summarily discussed and determined; The Complainers have raised their Action of Declarator before the Lords, and the same being seen and returned, hath also in pursuance of the said Remit been debated summarily before the Lords in presentia; And both Parties being ordained to inform. It were superfluous here to take notice of several Conclusions insert in their said Declarator, as anent John Anderson & others their continuing in the Magistracy more than a year, and their being elected thereto, they not being trafficking Merchants, and the Towns imposing Burdens and Exactions of T●nnage, Cartage, Oranage, and other Duties upon Merchant Goods, &c. Which are not contained in, the said Re●sit, and consequently cannot be insisted in in this summar Declarator.  
Nor indeed were it more to the purpose to take nottice of several other things that were alleged by the Pursuers in the liberty of their debating, which do as little concern the Points truly remitted, and now to be informed on.  
But that the Defenders may make their Information as closs as possible, they do confine the same to the Points of Debate given in by the Pursuers themselves to the Clerk, and which have been seen by my Lord President, and are shortly as follows.  
First, If the Election of the Provost and bailies of the Town of Glasgow in May, June or July, and at Michaelmass 1689, was not null, and being null, if the Chartor granted to the Community and Council in the year 1690. did not give the power of Election, at least the fixing of a set for regulating future Elections to the Community.  
2. If the Chartor to the Community and Council gave the sole power of Election to the Council, or to the Community, represented by the two Halls.  
And 3. If the Chartor giving power of Election to the Council is not to be understood of the extraordinary Council, whereof the said two Halls are a part, especially in the matters of Elections, where they have a vote of the Elections of all the Officers that were in use to be chosen by the Council, without dependence upon the King or Bishop, and without which two Halls the Ordinary-Council can neither buy nor sell.  
In order to the discussing of which points, it is to be considered, that the Town of Glasgow was very anciently made a Burgh Royal, by Chartors from our Kings and Princes, which, albeit it was done, Reserving always to the Bishop his power, as to the Magistracy, in respect that the Burgh at first was his Burgh of Regality, yet it is without Question, that by these Chartors, they had right to, and were possessed of all the privileges of a Burgh Royal, both as to Trade, the Convention of Burrows; and their vote in Parliament, as also of the Rights and privileges of their Incorporations, and Town Council, and all other parts of their Constitution, except in so far as concerned their foresaid Dependence reserved to the Bishop in the matter of their Magistracy, and in the manner that he exerced the same.  
2. That with and under this Constitution, the City of Glasgow had its particular Custom as all other Royal Burghs have, as to the manner of making and choising their Council and other Officers, and preparing their Leits for bailies in use to be present●d to the Bishop, and doing all other things relative to their Council and Magistracy, except precisely what was reserved to the Bishop as said is.  
3. That when Bishops were first suppressed after our Reformation from Popery, the archbishopric of Glasgow, with all the powers and privileges that belonged to the Bishop, were given by the Kings Chartor to Lodovick Duke of Lennox, who exerced the same as the Bishops had done without any Variation; Likeas, when the Bishops were again restored, the Arch-Bishop continued in the Right and Exercise of the same power and privilege until the second Suppression, and the Act of Parliament 1641, in favours of the Town of Glasgow; By which Act making mention of the power and privilege, which the Bishops, and after them Lodovick Duke of Lennox had in the Election and Nomination of the magistrates of the said Burgh. Our sovereign Lord, with Advice of the Estates of Parliament, and the special consent of James then Duke of Lennox, present and consenting, Statute and Ordained; that the Burgh of Glasgow in all time coming, should have also free Liberty in the Election of their magistrates yearly at the accustomend time, as any other Burgh within the Kingdom, with this provision, that the Provost, bailies and Council of the said Burgh, should present yearly in time coming a let of three Persons to be Provost to the said Duke, and his Successors of which they should nominat one, for the ensuing year, but in case the Duke or his Commissioner for the time should not be present at the Castle to receive the said let, Then it was declared lawful for the said magistrates, and their Council, to go one in the Election of their provost for that year, as the said Act of Parliament whereof a Copy is hereto subjoined more fully bears, and according to this Act of Parliament, the Election of the magistrates of Glasgow proceeded until the year 1662, that the Estate of Bishops was restored, at which time the Arch-Bishop of Glasgow did likewise return to his former power and privilege as to their magistrates, but to their heavy cost, and almost to their utter undoing.  
4. That at the late happy Revolution, tho the Circular Letters for choising Commissioners to the Convention of Estates, were directed to the City of Glasgow, as to all other Burghs Royal; yet when by ordinance of the Convention, the Power and Liberty of a popular Election by Pole of their Council & Magistrates, was allowed to the Burghs Royal, there was a Demure as to Glasgow, because of their former dependence upon the Bishop now devolved upon his Majesty, until the King was therewith acquainted; Whereupon it pleased His Majesty to writ to the Secret Council upon the 13 June 1689, That there had been a Petition presented to him by the Inhabitants of Glasgow, making mention that there had been no day assigned to them for a popular Election as had been granted to other Burghs Royal; But that His Majesty being well satisfied with the good Service of the Inhabitants and Burgesses of the said City; Did therefore Authorize the Lords of Privy Council to take such Methods as they thought proper, for procuring to the City of Glasgow the benefit of the Act of the meeting of Estates for popular Elections, and that comform to the same, some day before the 10 July then next should be assigned to the said Inhabitants for electing their magistrates and Town-Council, as the said Letter of the date foresaid, whereof a Copy is also hereto subjoined, more fully bears: And accordingly The Lords of His Majesties Privy Council, by their Act of the twenty fourth of the same month of June 1689, proceeding upon a Petition of the Inhabitants of Glasgow, did give order and warrant for a new and free Election of the bailies, Dean of gilled, Thesaurer and Town-Council of Glasgow, to be made upon the 2d and 3d days of July then next by the pole of habile Burgesses, appointing them to continue until the usual time about Michaelmass that year, and ordaining them to sand up a List of three Persons to His majesty, that he might make choice of one of them to be Provost: Which Ordinance and Caveat was put in, because by the foresaid Act of Parliament 1641, after the second Suppression of Bishops, this power as to the Provost had been given to the Duke of Lennox, as come in the Bishops place; Whereupon the Lords of Privy Council thought fit notwithstanding of the foresaid illimited Order and Allowance given by His Majesty, by his Letter of the 13 of June 1689, to make a particular reference in Order to the Provost as said is; Which being again signified to His Majesty, He by another Letter of the date the 19 of September 1689 derected to the then present Msgistrats and Council ●f Glasgow, making mention that the power formerly belonging to the Bishop was devolved upon His Majesty, Doth therefore, and in Consideration of the Zeal and Affection of that City, Authorize and Require them to elect and choice als well their Provost as other magistrates, for the ensuing year, at the ordinary time, and in the accustomend manner: Notwithstanding His Majesties Right of naming their said Provost, as the said Letter, whereof a Copy likewise hereto annexed, testifies: By which it is clear that His Majesty having superceeded to name any of the three sent up to him in let to be Provost, betwixt the short space from July 1689 to the Michaelmass ensuing, thought fit by the said Letter to dispense with any such let, and to give them the full power of Electing their Provost at Michaelmass thereafter, and that as fully as by the Act of Convention of Estates, and His Majesties Letter and the Ordinance of Council they had got the power to choice their other magistrates by a popular Election till the foresaid Term of Michaelmas, and thence forth to continue in its accustomend manner, as in all the other Burghs of Scotland.  
But that this power of Glasgows choising their Provost and bailies and other Officers given them by the Convention of Estates, His Majesties Letters and the Ordinance of Privy Council might be settled as their perpetual Right; It pleased His Majesty by His Chartor under the Great Seal of the date the 4 of January 1690, upon a very ample narrative of the good Reasons moving His Majesty there to; and that by the abolition of Bishops, the full power was devolved upon him; Not only to Ratify, Approve & Confirm all former Grants given to the said City, its Gildrie, Trades and Incorporations; But of new to give, grant and dispone to the said City and Town-Council of the same ample Power, Right and Faculty of choising their Provost, bailies and all other magistrates in the ordinary manner and time as any other Royal Burgh in Scotland are in use to do or may do, beginning their first Election at Michaelmas next, which was Michaelmas 1690, and so forth in all time coming, as the said Chartor whereof a Copy likewise hereto subjoined bears: Likeas in pursuance thereof, there past in Parliament the said year 1690, not an ordinary Ratification in course, but a plain statutory Act upon the 14 June that year; Whereby it is Statute, Enacted and Ordain read, That the City of Glasgow and Town-Council thereof, shall have power and privilege to choice their own magistrates, Provost, bailies and other Officers within Burgh, as fully and freely as the City of Edinburgh or any other Royal Burgh enjoys the same, as the said Act being the 15 of the printed Acts, the second Session of this current Parliament bears.  
This being a plain narrative of the Constitution of the Burgh of Glasgow, Town-Council and magistrates thereof, and of all the steps that were made therein, until it arrived in the said year 1690 at the present settlement, wherein it hath since most firmly and uniformly continued, it might justly be wondered what either Envy or Mutiny itself could find to reprehend in its present establishment.  
But the Pursuers having undertaken to object, must be both heard and answered, and therefore following the foresaid Points by them set down: It is affirmed, 1. That the Election of the Provost and bailies of the Town- of Glasgow in May, June or July, and at Michaelmas 1689 was most legal and valid. For 1. The Election of the Town-Council, bailies, Dean of gilled and other Officers in July 1689 was by warrant of the Act of the Convention of Estates, fortified and applied by his Majesties Letter to the Lords of Privy Council, and their express Act and Ordinance; But as to this it was replied for the Pursuers, That the Act of Convention was only made in favours of Royal Burrows, whereof Glasgow was none; And that tho his His majesty upon the moving of this Scruple wrote a Letter to His Council, and they ordered the said Election as said is; Yet it is evident, 1. That the Archbishops Right and Power, was not then abrogat, Prelacy not having been abolished by Act of parliament till the 22 of July 1689. And 2. That esto it had been abrogat, yet the Lords of privy Council proceeded upon the Supposition that the Act of Parliament 1641, in favours of the Town of Glasgow was revived; Whereas in effect it was not revived: But that Act with all others in prejudice of the Bishops Rights, having been taken away by the Act 1662, that restored them to their Rights and Possessions, as in the year 1637, It is evident that the King at least in June and July 1689, had not only the Election of the Provost but of the bailies and other magistrates, which neither the Convention of Estates, nor His own Letter proceeding upon wrong Information could take from Him.  
To which it was duplyed for the Defenders, 1. That the plene and sovereign Power of the Convention of Estates is too Sacred to be thus drawn in debate; For as upon the circular Letters the City of Glasgow as other Royal Burghs elected their Commissioner by Pole to the said Convention, where he was admitted as freely as the Commissioners from all other Royal Burghs So by the Ordinance of the same Convention, Glasgow as well as other Royal Burrows was allowed to settle its Magistracy by a popular Election, and the Scruple that fell in in, the Application of this Ordinance to Glasgow, was certainly removed by the best hands, viz. both by His Majesty and the privy Council and so did plainly confirm what the Convention did ordain.  
2. As to the Bishops power, It was fundamentally abrogat by the Claim of Right, finding Prelacy to be an insupportable Grievance, and that therefore ought to be abolished; And tho it was not formally abolished until the foresaid Act of Parliament in July thereafter; Yet it is without question that by the Claim of Right, Prelacy was so certainly abolished, that the Lords of Session found that the Bishops had no Right to the Whitsundays Rents, nor were they allowed to pretend to the same. But 3. By the Abolition of Prelacy and the Claim of Right all the power of the Bishop did undoubtedly devolve upon the King; and His Majesty by His foresaid Letter of the 13 of June 1689, did fully authorize the Lords of Council to give to the City of Glasgow the benefit of the Act of the Convention of Estates, as to their Council and hail magistrates, and it was only the Suggestion of the Lords of Privy Council, that the Act 1641 did give His majesty the choice of the Provost, which yet the King thereafter dispensed with; so that his certain and express Will to have freed the City of Glasgow from the beginning from all dependence either upon the Bishop ▪ or upon Himself, as to the choice of any of their Magistrates, and that they should have the full benefit of the Act of the Convention was thereby fully declared: Whereby it is manifest that the Election of the bailies, Dean of gilled and Town-Council of Glasgow in July 1689, was most lawful; and so much the more, that by the foresaid Act of the Convention, and His Majesties Letter and the Ordinance of Council, it was made by a Popular Election by Pole on purpose to make it more valid, and to take off all pretences in the contrary.  
Whence it most certainly follows that the Election at Michaelmas 1689 was legal and valid beyond all controversy; For albeit that by the Ordinance of Council they were warranted to make the Election of the bailies Dean of gilled and Town-council to continue until the usual time about Michaelmass thereafter; yet it is most certain, that it was no ways the meaning either of the Convention or the Council, that the popular Elections then ordered should have no father effect, but singly that the Elections of Burrows being thus settled upon their truest Basis, the Council and magistrates so elected should continue till Michaelmass, and then should father propogat the Settlement by electing their Successors, according to the ordinary custom of the Burgh: And thus his Majesty by his Letter to the magistrates and Town-council of Glasgow, that had been elected by pole, bearing date the 15 of September, authorizes them to choice as well their Provost as their other magistrates for the ensuing year; Whereby he fully declares that by the popular Election, their Council and magistrates were settled upon the right foot, and that that Council and these magistrates might choice as well the Provost as succeeding bailies for the ensuing year, which was a full and incontravertible warrant.  
This Position, viz. That the Election of the Provost and bailies of the Town of Glasgow at July and Michaelmass 1689, was Legal and Valid being then thus cleared. It is evident that the Chartor thereafter granted in January, 1690, to the Community and Town Council of Glasgow could not be understood, to give either the power of Election or the fixing of a set to the Community, as if the Town Council had been a null Council, because both the Validity of that Council it fully cleared from the abovementioned Grounds; and likewise by the same Chartor, it is expressly supposed and confirmed.  
The second point controverted, is; if the Chartor to the Community and Town Council gave the sole power of Election to the Council, or to the Community Represented by the two Halls, viz. of Merchants and Crafts, and that it gave it to the Town Council, is the express Words of the Chartor, Its true, the point is Captiously stated, if the Chartor gave the sole power to the Council, because the true meaning of that Chartor, as of all Chartors of that nature given to Burghs Royal, is that the powers, Liberties and privileges therein mentioned, are given to the Community of the Brugh Originally and Radically, or as Philosophers speak in actu primo aut in actu signato, but to the Town Council of the Brugh representatively, or in actu secundo & in actu exercito, and so we see it manifestly in the foresaid Act of Parliament, 1641, in favours of the Town of Glasgow, which expressly statutes, That the Town of Glasgow, should have the free Election and Choising of their magistrates yearly as any other Brugh, which was neither then or ever since understood: But that the said Power and Liberty was given to their Council and Ordinary Magistrates to be by them Exerced for the Burgh and Community thereof; and so in effect, are all Chartors given to all the Burghs of Scotland of their Powers and privileges constantly understood, viz. That they are given to the Brugh Originally, and to its magistrates and Town Council Representatively, and thus the very Chartor and Act of Parliament in favours of the Town of Glasgow in the year 1690, explains itself, viz. To the Community and Town Council as to Ed●●●●●●h or any other Royal Brugh; which is certainly to the City Originally, and to its Town Council Representatively, as is the Case of all other Brughs Royal.  
Besides the Chartor bears to the City of Glasgow and its Town Council in the ordinary manner, But ita est, that the ordinary manner, was always performed by the Town Council except as to that dependence that they had upon the Bishop, and during the Suppression of Bishops upon the Duke of Lennox, which dependence being defignedly, and evidently taken away by the foresaid Chartor and Act of Parliament, in clear as the Sun Light, That the meaning of both was, that the City and Town Council of Glasgow, should have the freedom of the Election of their Magistrates, as freely as any other Brugh Royal in the ordinary time and manner, That is plainly, that in place of the Presentation of Leits of their bailies and Provost, that formerly they were obliged to make to the Bishops and Dukes of Lennox, they should now have a free and Independent Election by themselves.  
The Pursuers summons of Declarator, contains a strange fancy, tho not Insisted on in the Debate, viz. That by the Chartor and Act of Parliament the Community was come in place, that is the two Halls in the Pursuers sense, is come in place of the Bishop or Duke of Lennox, so that the Town Council should present to them. But this is obviously so absurd, that neither was it urged in the Debate, nor had been here noticed, were it not to show, to what Extravagance strained Invention may led, when the Case is as clear as words can make it, that by the Chartor and Act of Parliament, the City of Glasgow is freed and exempted in the Election of their magistrates from all dependence either upon the Bishop or Duke of Lennox, or yet on his majesty as come in their place, and have the same power given to their Community and Town Council, that any other Burgh Royal in Scotland enjoys.  
The thrid point to be informed upon, is if the Chartor giving the power of Election to the Council, is not to be understood of the extraordinary Council, &c.  
To which it is Answered, That a Chartor giving the power of Election to the Town Council of a Burgh is certainly to be understood of the same Council that is so designed and known, and which in the case of Glasgow, did formerly make the Leits presented to the Bishop and Duke of Lennox, and now impoured to make the Election by themselves without any such dependency. But ita est, that this Council was never known, or heard to be the extraordinary Council of the two Halls, nor had the two Halls in Glasgow ever, so much as the name of the Council thereof, either ordinary or extraordinary, or are they reckoned any part of the same, nor in effect are they to this day excluded from any interest, that ever they had in the Town Councils Elections.  
It happens indeed with Glasgow, as with many other Brughs, that they have specialties in their Elections, and thus the Merchant Hall has an Interest in the Election of the Dean of gilled as the Trads-hall hath an Interest in the Election of the Deacon Conveener, But what ever that interest may be. It is certain, that the same is neither altered nor innovat, nor doth the Defenders at all deny it, but that which they deny, and which the Pursuers contend for, is, that the two Halls, either as the Community, or as the Town Council should have the Election of the magistrates, which is utterly a novelty never before dreamed off.  
For first, It hath been cleared, that the Community to whom the Right and Power is originally granted, is to exerce the same by the Town Council their representative in the ordinary manner. 2. If more could be said for the Community, the two Halls of Merchants, and Trades are not the Community but two particular Incorporations settled, for their own Uses and Ends; whereas the Community as was most distinctly defined by the Convention of Estates is the body, of the Burgesses, Inhabitants excluding Honorary Burgesses, Burgh Servants, Pensionaries and Beedsmen, and to this Community of Glasgow, per expressim is the Secret Councils Order for the popular Election directed, but not at all to their two Halls, who were not then thought on. 3. Neither are their two Halls the Town Council for the Reasons already given.  
The Pursuers allege, that the two Halls have some Interest or vote in the Election made by the Town Council, but what ever that be, it is already answered, that the same is neither denied nor offered to be altered, but would therefore the Pursuers have the two Halls to have either the over-ruling or Suprem Vote in all Elections, certainly this is a novelty that was never before heard off, it is true George Lockhart and the Pursuers present a new Schem of a set, which their own invention have brought from Eoutopia, and now allege to be most agreeable to the Inclination of the Inhabitants and interest of the Brugh, but in this they have manifestly confessed their own weakness to offer a Declarator upon such a subject, all Declarators are Declaratory of a certain Right; And it is a known maxim, that declaratoria juris nihil novi juris tribuit, what then can be declared as to this new Schem of a set, since it can pretend to no Right, and all that can be asserted and declared for it, is that it may be a new invention of George Lockharts, but since it is neither agreed to by the Community of the brugh and ratified by authority; nor settled by Act of Parliament, which are the only two Methods of giving the force of Right to any set: It necessarily follows that this Schem hath neither Right nor shadow of Right, that can be declared.  
The Pursuers alleged that the two Halls are necessary to the ordinary Council of Glasgow for buying and Selling; But first this is denied. 2ly It should serve once for all, that whatever be the ordinary use and interest of the two Halls in the Town of Glasgow, either with or without the Town Council, it hath never been altered or called in question by the Defenders, and consequently no subject for a Declarator; as it is indeed none of the Conclusions contained in their Declarator; But as for that sole and sovereign power, that is craved for the two Halls, either in making their ordinary Elections or setting down a fixed Rule for it, it is wholly imaginary and groundless as has been demonstrat.  
All Men know, if a new set were to be made for Glasgow, it must either be by consent of the whole Community, with the Approbation of the Government; Or otherways by a particular Act of Parliament but to think that the Lords will declare that which is not, or that George Lockharts Invention must be received for a legal Rule of Election; or Lastly, that it was intended either by the Chartor, or Act of Parliament, to exauterat the Town-Council, or to superceed and lay aside the Custom and Forms of the Burgh to which they expressly refer, are groundless and absurd Notions.  
But the Pursuers made a great Clamour, and particularly against Dovehill, that in the Way and Method taken, he hath continued himself, and a Set of his Friends now more than these ten years, and thereby excludes all others tho honest and substantious Burgesses.  
To which it is answered, That this is a Clamour that will never cease, viz. That such as are out, envy such as are in, and complain of their Usurpation. 2. It is a gross Misrepresentation, that Dovehill hath continued himself, or yet hath been continued since the Revolution, in as much as he hath not been Provost at any time for more than two years together, which is the ordinary time practised in all Burghs, and allowed even by your Lordships Decisions; and de facto since the Revolution, James Peadie and William Napier have been provosts as well as Dovehill, and James Peadie hath been four years of that time, which is near as long as Dovehill hath been in the Office. But 3. If the Custom which is the set of the Burgh be duly observed, and no Act of Parliament transgressed, nor any private Mans Right violat, what ground can any man have to complain, or what place for this clamour, specially when it is evident that the Magistracy of Glasgow hath very happily ever since the Revolution continued in hands true and faithful to the Government, and sincerely intending the good of the Burgh.  
By all which it is evident, that as to the above-controverted Points, the Pursuers Declarator, is wholly groundless and absurd, and from which the Defenders ought to be assoilzied.  
In respect whereof, &c.  

Act of Parliament, empowering the Burgh of Glasgow to choice their own magistrates.  
IN the Parliament holden at Edinburgh the sixteen day of November, the year of God one thousand six hundred & forty one years. OUR sovereign LORD AND ESTATES OF PARLIAMENT considering, That the Burgh of Glasgow did heretofore in the Election of their magistrates, demand the assent and approbation of the Arch-bishop to the same, and during such time as Episcopacy was not allowed in this Church, of umquhile Ludovick Duke of Lennox & Richmond, who was Heretably Infest in the said archbishopric, with the privileges belonging thereto, and specially the Nomination of the magistrates of the Town of Glasgow. And now the said Burgh being one of the best peopled and prime Burghs within the Kingdom, it is most agreeable to reason that they should have free liberty to elect and choose such persons as should be most fit, both to serve the Prince and govern the Burgh itself as other Burghs within the Kingdom. Therefore Our sovereign Lord, with Advice of the Estates, and of the special consent of James now Duke of Lennox and Richmond, and who has the like heritable Right of the said archbishopric of Glasgow, and privileges thereof granted to him, as the said umquhile Ludovick Duke of Lennox and Richmond his Uncle had of before, Statutes and Ordains, That the Burgh of Glasgow in all time coming, shall have als free liberty in the Election and choosing of their magistrates yearly it the accustomend times, as any other Burgh within this Kingdom of Scotl nd: with this special Provision and Condition, that the Provost, bailies and Council of the Burgh, and their Successors, shall present yearly in all time coming, an let of three 〈…〉 Burgh, to ●●● said J●mes Duke of Lennox and Richmond, and his Successors foresaid, of the quhilk number, the said James Duke of Lennox and his Successors foresaid, shall nominat one to be Provost for the year following, whom they shall be obliged to receive and admit to be their Provost the same year, and authorize him with all Commission necessar to that effect, providing the said Duke of Lennox and his foresaids by themselves or their Commissioners being present yearly within the said Burgh at the Castle, which belongs to the Duke and his Successors the time of the Election of their magistrates, and in case of their absence, in that case it shall be lawful to them to go on in Election of their Provost for that year of their absence allenarly. Whilk Act being this day red, Voted and Past in Parliament, the Lord Duke of Lennox personally present in Parliament, gave consent to the foresaid Act above-mentioned, whereupon Patrick Bell Commissioner for the said Burgh of Glasgow asked Instruments for the said Town of Glasgow. Extracted forth of the Books and Records of Parliament, by me Sir Alexander Gibson younger of Durie Knight, Clerk of his Highness Registers and Rolls, under my Sign and Subscription Manual. Subscribitur,  
ALEXr. GIBSON, Cls. Registri.   

Copy of the Kings Letter to the Privy Council anent the Inhabitants of Glasgow their electing their magistrates and Council. 13 June 1689.  
Supra scribitur WILLIAM R.  
RIght trusty, &c. We greet you well, There having been a Petition presented to Us, subscribed by several hundreds of the Burgesses Inhabitants of our City of Glasgow, Representing; That there being an Act of the Meeting of the Estates, appointing a new Election of the magistrates and Town-Council of all the Royal Burrows of our ancient Kingdom of Scotland, and that comform to the same, many of the said Burghs have had days assigned to them for electing their magistrates and Council, and that hitherto there has been no day assigned to Our said City of Glasgow for the choising of their magistrates and Council; And being well satisfied with the good Service done to us and that our ancient Kingdom, by the Inhabitants and Burgesses of our said City of Glasgow; and considering it is fit at this juncture, that men of known Integrity and Honesty should be employed as magistrates and Town-Council of the said City; Therefore We do authorize and require you to take such Methods as you think proper for procuring to our said City of Glasgow, the benefit of the above Act of the Meeting of Estates, and that comform to the same, some day before the tenth day of July next may be assigned to them for electing their magistrates and Town Council; For doing whereof this shall be your warrant, and so We bid you hearty farewell.  
Given at Our Court at Hamptoun Court the 13 day of June 1689 years, and of Our Retgn the first Year. By His Majesties Command Subscribitur Melvill.   

ACT for a free Election of the magistrates and Town-council of Glasgow,  
AT Edinburgh the 24 day of June 1689 years, anent the Petition given in by the Inhabitants of the Town of Glasgow, to his Grace His Majesties high Commissioner and the Lords of Privy Council, showing, that whereas the necessity of the Town of Glasgow, and the present juncture of Affairs in that and other parts of the Kingdom Requireth, And His Majesty by his gracious Letter to the Lord high Commissioner his Grace, and the said Lords hath granted and ordered, that his Grace and Lords of his Council, might appoint the Petitioners a day betwixt and the 10 of July for a free Election of their Town-Council and magistrates, That so there might be men of known honesty and integrity to serve his Majesty and the saids Lords in the Government, for the promoting and maintaining the public good and peace of the Kingdom, according to the design and Commission of the Convention of the Estates, and seing the saids Lords had a good mind thereto, but only that it is thought fit to acquaint his Majesty that it is his Interest and Right to nominate one of three, out of the light given in by the Town for to be Provost, to see if his Majesty dispenseth with his Right and interest to the people for this present time, lest his Majesty had not been informed therein by the Petitioners, which upon their honest Word was done: And therefore humbly craving the Lords for Security of the place and public good and peace of that part of the Kingdom, and obtempering the time limited by his Majesty for their free election, To grant them Liberty and appoint a day for the same, to elect the Town Council, Provost and bailies for the present until his Majesties Return to the saids Lords be seen, reserving still his Majesties Right to be renewed at Michaelmas, if his Majesty dispense not with it to them, for the public good and safety of the place, which is almost sunk in Debt, and ruined by former magistrates these many years; His Majesties high Commissioner and the Lords of Privy Council having considered the above Petition, with the Act of Parliament in favours of the Town of Glasgow, and having heard his Majesties Letter directed to them thereanent: They do hereby give order and warrant for a new and free Election of the bailies, Dean of gilled, Thesaurer and Town Council of Glasgow, To be by them chosen at Glasgow upon the 2d and 3d days of July next by the Pole of habile Burgesses bearing Scot and Lot, excluding honorary Burgesses, Town-servants Pensioners, and Beadmen, and appoints them to continue until the usual time about Michaelmas next; And ordains them to sand up a List of 3 persons to his Majesty, That he may make choice of one of them, and authorize him to be Provost of the said Town of Glasgow, and they do nominat and appoint the Earl of Dundonnald or such as he shall appoint to be present and see the foresaid Election: And Ordains the Town-Clerk to convene the habile Burgesses and proceed in the foresaid Election in the same manner as was formerly ordered and appointed, by the meeting of Estates, in the Elections of the magistrates and Town Council of Edinburgh and Dandee, With the foresaid Restriction of the Provost, until his Majesty nominat one of the three to be given in to him, Or otherwise declare His pleasure thereanent,  
Extracted by me GiLB. eliot Cls. Sti. Concilii   

His Majesties Letter to the magistrates and Council of Glasgow to choice their own Provost as well as other magistrates. 19. September 1689.  
Sic Suprascrib. WILLIAM R.  
TRusty and well beloved, We greet you well; Whereas We understanding that the naming of your Provost does properly belong to Us, and ther● being no Bishop, it is now in our power; Yet in consideration of the particular Service done to Us by that our City, and of the Zeal and Affection, we are well assured you have for Us: Are therefore resolved to grant to you a ●pecial Mark of Our Royal Favour, in allowing and empowering you to choice your own Provost for the next ensuing year, as freely as others of Our Royal Burrows do. Therefore, it is Our Will and Pleasure, and We do hereby Authorize and require you, to Elect and choice also well your Provost as other magistrates for the ensuing year, at the ordinary time, and in the accustomend manner, Notwithstanding of the Right We have of Naming your said Provost: For doing of Which, these presents shall be to you, and all others respectively who may be therein any way concerned, a sufficient warrant, and so We bid you Farewell.  
Given at Our Court at Hamptoun-Court the 19 of September 1689, and of Our Reign the first Year. By His Majesties Command. Sic Subscribitur Melvill.  
Directed on the back thus To Our Trusty and wellbeloved the present magistrates and Town Council of Our City of Glasgow.   

Carta Confirmationis In favorem Civitatis de Glasgow, 4 Jan: 1690.  
GULIELMUS & MARIA Dei gratia magnae Britanniae, Franciae & Hiberniae Rex & Regina fideique Defensores, Omnibus probis hominibus totius terrae suae, Clericis & Laicis salutem.  
Sciatis quia nos considerantes Regiam nostram Civitatem de Glasgow, in antiquo hoc nostro Scotia Regno unam esse ex amplissimis & maximi momenti societatibus in dicto nostro Regno tum propter incolarum numerum tum etiam propter eorum dispositionem, facultat 〈…〉 pecuniarum summae à dicta Civitate erogatae & exantlatae fuere, ex eo quod Magistratuum svorum electionem non habuerunt, Nosque etiam considerantes firmam & constantem communitatis dictae civitatis adhesionem Religioni Reformatae, summam etiam suam alacritatem & zelum erga servitium nostrum in quibus seize notabiles insigniter, reddidere. Et hinc est quod Dictae Civitati jus & potestatem praepositum seu magistratus de Glasgow designandi( apud nos remanen virtute acti Episcopatum abrogantis) tanquam Regii nostrigratiae Indicium concedere benign statuimus, utque dicta civitas in eodem fit ●a●u, cum reliquis nostris burgis Regiis, quod privilegium praepositum reliquosque omnes Magistratus suos nominandi & eligendi habeat. Nos igitur ex certa ●ostra scientia proprioque motu, & ex potestate nostra Regia cum avisamento 〈◇〉 consensu summi nostri thesaurarii & thesaurarii nostri deputati, feu thesaurarii nostri commissionariorum pro tempore ac reliquorum domino●um aliorumque Scaccarii nostri, ratificavimus, approbavimus & confirmavimus sicuti tenore presentis nostrae Cartae ratificamus, approbamus & co●firmamus, omnes & quascunque Cartas, privilegia, donationes & concessiones per quosvis nostros serenissimos antecessores, dictae communitati civitatis de Glasgow, vel gildae mechanicis ac singulis societatibus & diaconiis ejusdem concessas, tam plene accum eodem effectu quam si unaquaeque particularis erectio in hac nostra Carta speciatim enumeraretur. Atque itidem nos tanquam in 'vice Archi Episcopi Glasguensis succeden pro nobis metipsis proque omni alio jure nobis competen. De novo damus concedimus & disponimus dictae civitati de Glasgow, & concilio burgali ejusdem amplam potestatem jus & facultatem Praepositum Balivos reliquosque omnes Magistratus suos ordinario modo & tempore designandi & eligendi & adeo libere ac quodvis aliud burgum Regium in dicto nostro Regno Praepositum Balivos & Magistratus suos eligunt, seu eligere possunt. Incipiendo primam electionem suam ad festum Michaelis proxime sequen: atque ita annuatim deinceps omni tempore futuro. Volumus porro ac cum avisamento & consensu predict, pro nobis nostrisque successoribus decernimus declaramus & ordinamus hanc nostram Ratificationem & Concessionem, adeo fore efficacem dictae Civitati de Glasgow ac si unaquaeque particularis erectio Carta seu concessio in presenti hac nostra Carta speciatim exprimeretur & enumeraretur. Quocirca, cumque omnibus defectibus ind sequuturis, cumque omnibus aliis objectionibus & imperfectionibus, contra validitatem Cartarum & securiratum per quosvis nostros regios Antecessores dictae Civitati de Glasgow concessorum, aut hujus nostrae confirmationis & concessionis opponendis & allegandis nos pro nobis nostrisque successoribus cum avisamento & consensu praedictum, Dispensavimus & per presentem hanc nostram Cartam in perpetuum dispensamus. Promittimus denique hanc nostram confirmationis Cartam, in proxima Sessione Parliamenti dicti regni nostri Ratificare, pro cujus ratificatione praesens haec nostra Carta sufficiens erit instructio Commissionario nostro. In cujus rei Testimonium huic praesenti Cartae nostrae magnum sigillum nostrum appendi praecepimus Testibus fidelibus & dilectis nostris Consiliariis, Joanne domino Belhaven, Roberto Magistro de Burleigh, & D. Thoma Burnet de Leyes, ac fidelibus & dilectis nostris D. Duncano campbel de Auchinbreck milite, & Joanne Hay de Park, Commissioniariis pro munere & officio nostrorum rotulorum & registrorum Clerici & D. Guilielmo Ker equity aurato & Domino Carolo Stewart de Pittendreich milete baronetto nostrae Cancellariae Directoribus.  
Apud aulam nostram de Kensingtoun, quarto die Januarii, millesimo sexcentisimo nonagesimo & regni nostri anno primo.