Act, 27 December 1694, Edinburgh

Edinburgh the first day of march J^aj vj^c nyntie four years

D1694/3/4

D1694/3/4¹

Act

Act and Remitt James Bain Wright

Anent a Petition given in to the Lords of their Majesties privy Councill be James Bain wright burges of Edinburgh Shewing That quher the petitioner haveing been Imployed as right for the rebuilding of the palace of Hollyruidhouse and Castles of Edinburgh and Stirling and Bass and furnishing of Timber to these several works. For the effectuating quherof he was necessitate to lift up his own stock of the hands of noble-persones and Imploy the samen in paying his servants who wrought the work and merchants from whom the timber was bought To Witt from the present Lord Chancellor Eight Thousand merks from Panmuir tuelue ² Thousand³ merks and from other noblemen and Gentlmen fiftein Thousand merks Extending in all to the thretie five thousand merks of principall besydes five thousand five hundred merks of annualrents and when all his oun was spent he was forced to borrow money upon bond which is very Considerable and besydes the Loss of the annualrent of his oun money he payes annualrent for that which he borrowed, Wheras at his entrie to ther Majesties works he hade not on sixpence of debt but hade a stock of money upon Securitie and timber Lying in the Bush of Leith of a very Considerable value, so that if he were but re Imbursed of the soumes of money he has actually uplifted and the annualrents therof since that time and of what debts he has Contracts he will not have on six pence to himself for his paines and travell dureing the space of the abovewritten works, And his late majestie takeing this to Consideration wrot a letter to the Lords of thesaurie in favors of the petitioner upon Which they appointed thrie of their number To Witt the present Lord Chancelor, Generall Drummond and Balcarras to Consider the petitioners Compts and instructions Which being done They Fand upwards of two thousand pounds Sterling due to the petitioner besydes the two thousand pund Sterling money for defalcationes and Losses Which they did not fully consider, And for some ease to the petitioner The Lords of Councill Recommended him to the Lords of Sessione for a suspensione against his Creditors ay and whill the money due to him be the king were payed, Which Suspensione he obtained But at present no regaird is hade to it, And for satisfieing some of his most rigid Creditors The Lords of thesaurie granted him a precept for five hundred punds Sterling upon Maxwell of Kirkconnell then one of his majesties receivers But the petitioner has gotten no payment as the precept heirwith produced will testifie to the Saids Lords, And albeit the petitioner obtained a supercidere for some time from his Creditors till they could see if he could obtaine payment from the Lords of thesaurie yet they haveing mett with so many delayes from him they have now fallen most rigidly upon him and would not attend the event of his petition to the saids Lords Bot James Marshall writter and factor for […] Burnet daughter to the deceast Thomas Burnet merchant in Edinburgh has incarcerat the petitioner within the Tolbooth of the said burgh for a Considerable sum of money Which he borrowed from the said Thomas to cary on ther majesties works, And he is also under severall other great straits and deficulties haveing nothing wherwith to mantaine himself in prison nor his familly at home Others of his Creditors being in possessione of his lands within the toune of Edinburgh for debts which the petitioner also Contracted for Carieing on ther majesties works and it being inconsistant with the Justice of the natione that the petitioner should starve for want and have nothing allowed him for what is profitablie expended for the use of the government And Therfore Humbly Craveing the Lords to take the petitioners hard and Sad Circumstances to their serious Consideration and to Recomend to the Lords of thessaurie forth with to pay to the petitioner the two thousand pounds already adjusted, and to revise his other accompts and instructiones for the other two Thousand punds money forsaid not yet adjusted and make payment to him of what shall be due with annualrents since the soumes became due and that the precept heirwith produced for five hundred punds sterling which is not yet payed may be Recomended to be payed in the first place and in mean time ordaine the petitioner to be Sett at Libertie and Grant protectione against all Creditors till the said adjustment and payment quherby authoritie will appear in its justice the petitioners Creditors will be payed and no tradsman discouradged to medle in publict works for the advancement of what is proper for the government to have done as the said petitione bears The Lords of their majesties privy Councill Haveing Considered this petition given in to them be the above James Baine They heirby Recomend to the Lords of Councill and session to exped ane Suspensione Relaxatione and charge to put to libertie In favors of the petitioner Upon his Consigneing in the hands of the Creditors of the bills ane disposition in favors of Creditors of the debt resting be the king and the publict to him.