Eodem Die [13 March 1701] post Merediem
D1701/3/22
D1701/3/221
Act
Act Francis Scott and George Rutherfoord anent a Horse
Anent a petition given in and presented to the Lord of His Majesties privie Councill By Francis Sctt one of the Gentlemen of His Majesties horse guairds Humblie Shewing That where by the Laues and acts of parliament of this Kingdome and constant practices alloued in such cases The Collectors or Tacksmen of His Majesties supplie are authorized to quarter souldiers upon the Commissioners of Supplie in the severall shires of the Kingdome for what they happin to be deficient in of their proportion of the said supplie In persewance wherof the deceast Sir James Oswald and James Dunlop Collectors Tacksmen or Generall receavers of His Majesties supplie haveing wpon the fyftein day of August Jaj vjc years granted order and warrand to the petitioner to take a partie under his Command and quarter upon the Commissioners of the shire of Roxburgh conforme to ane act of parliament for the soume of ane hundreth and tuenty fyve pund fourtein shilling one pennie scots being. supplie due by said shire and the petitioner haveing by vertue of the said order quartered upon the said Commissioners for a considerable space And haveing receaved no payment He at length wpon the nynt day of September last by past Legally poynded ane horse from George Rutherfoord of Ferningtoun one of the Commissioners of the said shire for the ryding mony due to him and the said partie for the said quartering The said George Rutherfoord therupon has lately given in a Complaint to the saids Lords alleadging the petitioenr had uwarrantably Intrometted with and way taken the said horse from him and obtained a warrand without hearing for Imprisoning the petitioners person and hes actwally Imprisoned him within the Tolbooth of Edinburgh where he hes bein detained these sevearll dayes bygone And seing such practices commited by the said George Rutherfoord by misinforming the saids Lords of Councill were altogither unwarrantable tending to discourage these in His Majesties service in the execution of their duty, and merits the saids Lords their consideration Therfore Craveing The saids Lords to take the premises and the dangerous consequences that may follow wpon such practices to their serious consideration And therupon to ordain the petitioner to be sett at Libertie that he may attend his duty till he the said George Rutherfoord by fairly heared anent the premises And the petitioner was willing to find Caution to ansuer to the said George Rutherfood his complaint as accords of the Law The said George Rutherford in like mainer finding Caution To Anser the petitioner his said wrongous Imprisonment As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the above Francis Scot And another petition by way of Ansuer therto by the said George Rutherfoord of Farningtoune by way of answuer therto They heirby Decerne the said Francis Scott in the soume of ten pund starling as the pryce of the said George Rutherfoods horse And gives order and warrand to the Magistrats of Edinburgh and keepers of their tolbooth to sett the said petitioner at libertie furth therof He first before his Liebration makeing payment to the said George Rutherfoord of the said soume of Ten pounds starling as the pryce of his said horse mentioned in the said petition And alse Giveing bond to the said George Charger that he the said Frances Scot shall make payment and satisfaction to the said George Rutherfoord for himself and as haveing Commission from the shyre of Roxburgh of the expenses deburssed by him in the saids two bills according as the same shall be Liquidat and modified by the Councill
1. NRS, PC2/28, 71r-72r.
1. NRS, PC2/28, 71r-72r.