Procedure, 30 December 1701, Edinburgh

Att Edinburgh The Eleventh day of March 1701

D1701/3/14

D1701/3/14¹

Act

Act Mathias Partus and John Houstly ordaining their bond to be delivered up and stoping execution on a warrand against them

Anent the petition given in and presented to the Lords of His majesties privie Councill by Mathias Partus and John Huslie Merchants in Annan Humbly Shewing That where Mr John Sheppard Merchant in Whythaven in the Kingdom of England by a petition to the saids Lords on Tuesday last Craved a warrand for Imprisoning the petitioners for alleadged debts due to him which altho proceeding upon specious tho maliciously false grounds Their Lordships for the singularity of the case refused the Samen The said Sheppard haveing missed of this designe by this plain method Contryves another way to obtain it and to Colour this Malicious and imprecedented practice He gives in a new petition on Thursday last and makes only use of the name of the Bank of Scotland for which he was bound for the petitioners in the soume of six hundreth and sixtie pounds starling or therby altho at the same time they actually refused their Concurrence in respect they were otherwayes sufficiently secured Which last petition Their Lordships (Granted as to the Bank allenarly as their Lordships might yet remember) Yet notwithstanding such is the influences Sheppard hes had with the Clerks servants That he hes procured to be insert in the said warrand ane order to secure the petitioners in the next prison till they find sufficient Caution and suretie to underly the Law for the debts due and acclaimed for in them² by the said Sheppard and make payment of the soumes should be decerned against them at his instance By the words of which warrand The petitioners seem yet to be in hazard to be throuen back in prison and as to which the petitioners only presumed to put their Lordships in mynd How as the refuseing of the said first bill Their Lordships were sufficiently convincd of the Injustice of the demand and that the like was never practised by any Nation to Imprison ane strainger or rather a Countryman who hes had, and had these severall years bypast his Domicilium at Annan with good and sufficient effects att the instance of any strainger whatsomever wpon pretence of debts not so much as constitute aither by wryt or sentence And seing that the petitionars have payed and satisfied the Bank and procured therfrom ane absolute discharge to the said Sheppard of the debts due by him for the petitioners and which Dishcharge they have consigned in my Lord Chancelors hands and found sufficient Bale to appear before the Lords of privie Councill this day and accordingly were ready when their Lordships pleased to call them Therfore Humblie Craveing to the effect aftermentioned As the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the above Mathias Partus and John Houslie with a Discharge by the Bank to Mr Sheppard with a Bond of presentation with a sufficient Bale both Mentioned in the petition And consigned in the Lord Chancelors hands and by his Lordship produced to the Board at Reading of the saids petition The saids Lords of His Majesties privie Councill Approves of what the Lord Chancelor hes done in this affair In granting libertie to the petitioners And ordains the discharge by the Bank to Mr Sheppard produced with the said petition to be Delivered up to the said Mr Sheppard and ordains the Bond of presentation with sufficient Baill to be delivered back to the said Mathias Partus to be made use of by them as they shall find convenient in time comeing And Discharges all furder execution wpon the said order of Committment.