Act, 1 August 1699, Edinburgh

Warrant, 21 December 1699, Edinburgh

Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/51

Act

Act David Edie late Baillie in Aberdeen

Anent the petition given in to the Lords of his Majesties privy Councill by David Edie Late Baillie of Aberdeen Shewing That wher the petitioner haveing two years agoe throw the disorder of his affairs removed out of the kingdome and being oblidged in May Last to returne from Burdeaux for clearing of severall difficulties aryssing therin which could not be done without the petitioners presence as was Sufficiently knowen to some of the saids Lords number the petitioner was some weeks after the petitioners returne Secured by the magistrats of Aberdeen untill the petitioner should find baill to appear before the saids Lords and upon the petitioners appearance on ane representatione made be the saids Magistrats against the petitioner to the saids Lords they were pleased to confine the petitioner to the toune of Edinburgh And Ordained the petitioner to find Baill for keeping the petitioners Confinement and for sisting himself at all the dyets of Councill in a proces to be raised before the saids Lords at my Lord advocats instance which accordingly the petitioner did And now the petitioner being cited in the said proces against the first Thursday of November being the second day therof before which time it appears that my Lord Advocat Cannot so conveniently now in time of vacance adduce evidence against the petitioner in the said proces and that it would be wast trouble and expensses both for pursuers and witnesses to be brought here in time of harvest, The petitioner Therfore humbly offers to the saids Lords Consideratione That the only designe of the petitioners returne being to clear the petitioners affairs with the petitioners Creditors both they and the petitioner are quyte disappointed therof thorow the petitioners Confinement It being Imposible to make any advance therin So long as the petitioner was fixed here, Since neither they nor the other persones to whom the petitioner was to sell his tennements and dispose of the petitioners other effects for their payment are not in this place, And the petitioners present presures could not admitt of delays And Seing the petitioner hade found baill to sist himself before the saids Lords In all the dyets of the said proces And the petitioner was still willing to Subject himself to the outmost tryall for the petitioners vindicatione anent what the petitioner was charged with And Therfore Humbly Craveing the saids Lords would be pleased seriously to Consider the premisses and in regaird of the petitioners present hard Circumstances upon the baill allready found to take off the petitioners Confinement and allow the petitioner to goe about clearing of the petitioners affairs till the said second day of November as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above David Edie They doe hereby take of the petitioners confinement And notwithstanding therof doe hereby allow him to repair to the North Countrey and ther or any wher else within this kingdome to goe about the Clearing of his affairs untill the first day of November nixt to come inclusive In Respect the said David Edie has before Extracting hereof given bond and found Cautione acted in the books of privy Councill That he shall appear before the Lords therof upon the second day of November nixt to come to which he is to be cited in the process at the Lord advocats Instance against him, And that he Shall attend both the Councills and their Committies att all the dyets to be appointed by thir Lordships in the said proces, And that they shall appear before the saids Lords of privy Councill at any time Sooner if he shall be called or requyred therto under the penaltie of two hundred pounds sterling And in Regaird of the granting of the above bond Ordaines the former bond granted by him and his Cautioner to be given up, And appoints the forsaid bond to bear that the petitioner shall Live peacably in Comon Stile.

Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/51

Act

Act David Edie late Baillie in Aberdeen

Anent the petition given in to the Lords of his Majesties privy Councill by David Edie Late Baillie of Aberdeen Shewing That wher the petitioner haveing two years agoe throw the disorder of his affairs removed out of the kingdome and being oblidged in May Last to returne from Burdeaux for clearing of severall difficulties aryssing therin which could not be done without the petitioners presence as was Sufficiently knowen to some of the saids Lords number the petitioner was some weeks after the petitioners returne Secured by the magistrats of Aberdeen untill the petitioner should find baill to appear before the saids Lords and upon the petitioners appearance on ane representatione made be the saids Magistrats against the petitioner to the saids Lords they were pleased to confine the petitioner to the toune of Edinburgh And Ordained the petitioner to find Baill for keeping the petitioners Confinement and for sisting himself at all the dyets of Councill in a proces to be raised before the saids Lords at my Lord advocats instance which accordingly the petitioner did And now the petitioner being cited in the said proces against the first Thursday of November being the second day therof before which time it appears that my Lord Advocat Cannot so conveniently now in time of vacance adduce evidence against the petitioner in the said proces and that it would be wast trouble and expensses both for pursuers and witnesses to be brought here in time of harvest, The petitioner Therfore humbly offers to the saids Lords Consideratione That the only designe of the petitioners returne being to clear the petitioners affairs with the petitioners Creditors both they and the petitioner are quyte disappointed therof thorow the petitioners Confinement It being Imposible to make any advance therin So long as the petitioner was fixed here, Since neither they nor the other persones to whom the petitioner was to sell his tennements and dispose of the petitioners other effects for their payment are not in this place, And the petitioners present presures could not admitt of delays And Seing the petitioner hade found baill to sist himself before the saids Lords In all the dyets of the said proces And the petitioner was still willing to Subject himself to the outmost tryall for the petitioners vindicatione anent what the petitioner was charged with And Therfore Humbly Craveing the saids Lords would be pleased seriously to Consider the premisses and in regaird of the petitioners present hard Circumstances upon the baill allready found to take off the petitioners Confinement and allow the petitioner to goe about clearing of the petitioners affairs till the said second day of November as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above David Edie They doe hereby take of the petitioners confinement And notwithstanding therof doe hereby allow him to repair to the North Countrey and ther or any wher else within this kingdome to goe about the Clearing of his affairs untill the first day of November nixt to come inclusive In Respect the said David Edie has before Extracting hereof given bond and found Cautione acted in the books of privy Councill That he shall appear before the Lords therof upon the second day of November nixt to come to which he is to be cited in the process at the Lord advocats Instance against him, And that he Shall attend both the Councills and their Committies att all the dyets to be appointed by thir Lordships in the said proces, And that they shall appear before the saids Lords of privy Councill at any time Sooner if he shall be called or requyred therto under the penaltie of two hundred pounds sterling And in Regaird of the granting of the above bond Ordaines the former bond granted by him and his Cautioner to be given up, And appoints the forsaid bond to bear that the petitioner shall Live peacably in Comon Stile.

1. NRS, PC2/27, 241r-242r.

1. NRS, PC2/27, 241r-242r.