Procedure, 30 December 1701, Edinburgh

Att Edinburgh The Tenth Day of Jully One Thousand seven hundred and One yeares

D1701/7/10

D1701/7/10¹

Act

Act Captain William Drummond and Dischargeing his former sentence and takeing of the fyne

Anent The petitione given in and presented To the Lord high Chancellor and Lords of his majesties privie counsell Be Captaine William Drummond Sheueth That where in the proces and Complaint pursued att the instance of Mr James Byres against the petitioner In which ther uas probatione led by the said Mr James Byres uhich lay sometyme over unadvysed be the Lords of his majesties privie counsell, The said James not insisting, But the Lords of his majesties privie counsell Haveing advysed the probatione upon Tuesday the Eight instant hath found the Lybell proven and have fyned the petitioner in the soume of Five hundred merks, and ordained the petitioner to Crave the Lords of his majesties privie counsell pardon and the said Mr James Byres and deliver the petitioners persone to the Lords of his majesties privie Councill macers to be imprisoned During the saids Lords of his majesties privie counsell that if the petitioner hade knouen that the saids Lords uould have advysed the said probabatione upon Tuesday last he uould in all duty uaited att the saids Lords Barr to have recived their sentance and given all due Obedience therto But the truth uas the petitionar uas in the Country the tyme the saids Lords pronunced the said Sentance and so soon as the petitionar uas acquented theruith my Friends he did instantly come and did deliver his persone in obedience to the saids Lords sentance to […] Gordon one of the saids Lords macers and is accordingly in the tolbooth of Edinburgh, The petitioner did humbly accknouledge the justice of the saids Lords sentance, and altho he hade great provocatione yet he did not in the least pretend to justifie his proceedings and behaviour in that matter touards Mr Byres and the petitionar is verry uilling to obey the the² saids Lords of his majesties privie counsell in begging the saids Lords ther most humble pardone for the offence given to their Lordships and the said Mr Byres as the saids Lords of his majesties privie counsell hade ordained uhich the petitionar ingeniously Confessed did proceed from ane excess of passione uherof he uas not att the tyme master and the petitioner uith all humility represented to the saids Lords of his majesties privie counsell his present Circumstances uhich uas certainly knouen to some of the honourable Boord that as the petitioner hade served his majesty faithfully ever since his happie accessione to the Thron For the redgement uher the petitioner hade served haveing Broke, any little thing that he hade served in the service uhile he hade comisione the petitioner did verry Frankly spend the samen In his majesties service as a volunteer in Flanders for tuo Campaigns so that the petitioner is uterly unable to apy any Fyne his circumstance being such that he is hardly able to subsist himself But Does depend upon his majesties Bounty and favour uhen he shall think fitt to imploy him again In his majesties service untill such tyme the petitioner hade no mean of Livelyhood the subsistance he hade from his majesties favour Being nou taken auay By a Generall ordour The petitioner also humbly Remembred the saids Lords of his majesties privie Councill that the samen Ryot uas pursued By the The fiscall of Edinburgh and the petitioner uas necessitat ther to compear and uas necessitate ther to compear³ and uas by the Bailies ordor imprisoned and fyned in ane hundred pound uhich the petitioner uas necessitate to streatch his credit to pay as appeares by a discharge from all uhich that the petitioner is unable to pay any pairt of the said fyne or to subject himself himself⁴ heir in prisone and the petitioner being extreamly sensable of the offence given The petitioner Did humbly beg and Intreat that the saids Lords uould consider his circumstances and cause call him to the saids Lords their Barr and accept of his acknouledgement in the termes of the saids Lords of his majesties privie counsells interloquitor and be graciously pleased to Discharge his said fyne and dset his persone att liberty as the said petitione bears, The Lords of his majesties privie counsell haveing considered the above urittine petitione Given in to them by the abovementioned Captain Uilliam Drummond and petitione for James Byres merchant in Edinburgh and haveing called both James Byres and Captaine Drummond to the councill Barr, the said petitioner Craved pardone of the councill for his offence against the Government and also craved pardone of the said James Byres for offending him and the saids Lords In Resect of the petitioners good service to his majesties goverment and that the petitioners is att present out of service and But in a mean conditione, Therfor the saids Lords have Recalled and heirby Recalls their interloquitor pronunced by the saids Lords on Tuesday last and have discharged and heirby discharges the fine of Five hundred merks imposed by the saids Lords upon sight of the said petitione For uhich this shall be to all Concerned ane sufficient