Act, 13 March 1701, Edinburgh

Procedure, 30 December 1701, Edinburgh

Att Edinburgh the thretteinth day of March 1701

D1701/3/181

Act

Act for prosecuteing James Fairfoull for some indecent expressions against the Government

Anent the petition given in and presented to the Lords of His Majesties privie Councill by James Fairfoull of Kilduncan Humbly Shewing That the petitioner being conveened at the instance of Mr William Gordon before the saids Lords There could nothing so much vex him as a Certain expression Lybelled He could not offer to Justifie himself for no provocation whatsomever aught to have extorted it only the saids Lords would be pleased to be informed That he was dayly attacked and somtimes to the Hazard of his Life by Mr William Gordon and his wife and servants and who continually belched out of their mouths most scandalous Reproaches and every minut threatning the petitioner much prosecutions before all Judicator And if in this provocation and passion he uttered that which was not Decent He was heartily sory for it The Thing it self proves punishment eneugh wpon him and he humbly expected their Lordships would Impute it to the transport of passion he was somtimes brought into by these peoples usage And indeed he scarce weell remembered what he ansuered And therfore It was humblie Hoped their Lordships would order his Liberation and accept his acknouledgement In place of all other punishment Which would be a great evidence of their Lordships Clemencie As the said petitione bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said James Fairfoull They Doe heirby give order and warrant to the Magistrats of Edinburgh and Keepers of their Tolbooth To sett the petitioners at Libertie furth therof In respect he hes given bond and found sufficient Caution acted in the books of privie Councill under the penaltie of three thousand merks scots mony that he shall Compear and underly the Law in any proces to be intended and persewed against2 him at the instance of His Majesteis Advocat for the words uttered and spoken by him against the Estates of parliament And Recomends to the said Lord Advocat to intent and follow fwrth a proces against the petitioner before the Lords Commissioners of Justiciary or the Lords of privie Councill as his Lordships shall think fitt for his exprssions spoken of his Majesties parliament (viz: That he cared not a fart of his arse for the parliament) according to Law

Att Edinburgh the thretteinth day of March 1701

D1701/3/181

Act

Act for prosecuteing James Fairfoull for some indecent expressions against the Government

Anent the petition given in and presented to the Lords of His Majesties privie Councill by James Fairfoull of Kilduncan Humbly Shewing That the petitioner being conveened at the instance of Mr William Gordon before the saids Lords There could nothing so much vex him as a Certain expression Lybelled He could not offer to Justifie himself for no provocation whatsomever aught to have extorted it only the saids Lords would be pleased to be informed That he was dayly attacked and somtimes to the Hazard of his Life by Mr William Gordon and his wife and servants and who continually belched out of their mouths most scandalous Reproaches and every minut threatning the petitioner much prosecutions before all Judicator And if in this provocation and passion he uttered that which was not Decent He was heartily sory for it The Thing it self proves punishment eneugh wpon him and he humbly expected their Lordships would Impute it to the transport of passion he was somtimes brought into by these peoples usage And indeed he scarce weell remembered what he ansuered And therfore It was humblie Hoped their Lordships would order his Liberation and accept his acknouledgement In place of all other punishment Which would be a great evidence of their Lordships Clemencie As the said petitione bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said James Fairfoull They Doe heirby give order and warrant to the Magistrats of Edinburgh and Keepers of their Tolbooth To sett the petitioners at Libertie furth therof In respect he hes given bond and found sufficient Caution acted in the books of privie Councill under the penaltie of three thousand merks scots mony that he shall Compear and underly the Law in any proces to be intended and persewed against2 him at the instance of His Majesteis Advocat for the words uttered and spoken by him against the Estates of parliament And Recomends to the said Lord Advocat to intent and follow fwrth a proces against the petitioner before the Lords Commissioners of Justiciary or the Lords of privie Councill as his Lordships shall think fitt for his exprssions spoken of his Majesties parliament (viz: That he cared not a fart of his arse for the parliament) according to Law

1. NRS, PC2/28, 69r-69v.

2. Written over an earlier word.

1. NRS, PC2/28, 69r-69v.

2. Written over an earlier word.