Warrant, 31 December 1695, Edinburgh

Edinburgh Wedensday 17th Aprill 1695

D1695/4/20

D1695/4/20¹

Act

Act and Remitt James Williamsone

Anent a Petition given in to the Lords of his majesties privy Councill be James Williamsone now prisoner in the Tolbooth of Edinburgh Shewing That quher the petitioner haveing hade the misfortune to be servant to James Moncreiff late Collector of his majesties Customes at the port of Aberdeen (considering the trouble and shame) full usage the petitioner has mett with for Severall moneths by past on that accounts By reasone that his said master did in the moneth of september last or therby at the fitting of his accompts with the Tacksmen of the Customes fall short in a Considerable soume as the ballance To Which the petitioner hade never any accessione as was openly declared and acknowledged at that time be the said James Moncreiff before all the tacksmen, and wills Its hoped evidently appear upon due tryall if the tacksmen would be so Mercifull and Just as to put the petitioner speedily to it, Which Its humbly conceived they Ought to doe since by the Lawes of this and all other weell Governed nations It was never heard that any man was made a prisoner for a Civill Cause before sentance of a Judge Competent and the petitioner having been by the instigation and Malice of Mr John Moir toune Clerk of Aberdein who was one of the petitioners masters Cautioners without any order of Law apprehended by the Toun officers of Aberdeen and cost in prisone ther upon the twentie fifth of December Last though shortly therafter ther was a warrand procured from the Lord advocat for aprehending and Imprisoning the petitioner to palliat the forsaid Illegall procedure, Which warrand of My Lord advocats come not to Aberdeen for severall dayes after his Imprisonment and upon a former applicatione made by the petitioner to their Lordships representing the severe and Illegall usage the petitioner hade mett with He was upon the answers given in by the Tacksman at the reading of the petitioners bill appointed by their Lordships to be brought prisoner from Aberdeen by the respective shirriffs of the interjacent shyres to the Tolbooth of Edinburgh and ther to be detained till farrder order wher now the petitioner has Lyen prisoner since the second of this instant aprill and since the tacksmen who knowes of the petitioners being here, have never yet offered to give in any Lybell or claime against the petitioner and that he being but a poor oppressed young man who have but few freinds and no visible stock, Wherby the petitioner was not in a Conditione to find Cautione for his appearance when called In the termes of the saids Lords first interloquitor and that yet it is not in the petitioners power to find the Cautione demanded by the Tacksmen or to give any other security then his oun bond, or to enact himself Judicially to appear when called betwixt and a Certaine day under what penalty ther Lordships should please to appoint and that upon tryall Its hoped the petitioners will be found Innocent of what the Tacksmen may offer to Lay to his charge there misinformation and that the petitioner has been for four or five moneths time determined prisoner in a Cold winter ² seasone upon a Civill accompt not only before sentance But even before raising any Lybell against the petitioner, Wherthrow the petitioners small sub-stance and pitifull stock he hade accquyred as these six years faithfull and dutifull service Is almost utterly waisted and gone so that in a very few dayes if he Continued any longer in this Conditione he would not be able to Comand a farthing to live on, unles their Lordships whose Constant and dayly practice it is to patronne the Innocent and distribut Justice to the poor alswell as to therwith provyde remeid, And Therfore Humbly Craveing the saids Lords would be pleased to Comisserat the Lamentable condition of the petitioner who is allready redacted to great hardships and straits haveing neither freinds to oun the petitioner nor stock to support him wher with to Capp against such powerfull Competitors and either remitt to my Lord advocat or any Committie their Lordships shall be pleased to appoint to take tryall of the grounds of his Imprisonment and therupon as his Lordship or any other Committie to be appointed shall think fitt to order the petitioners Liberatione Or otherwayes to ordaine the tacksman instantly to insist against the petitioner Wherby his Innocence would Clearly appear or that he be sett at liberty upon granting bond to produce himself when Called for betwixt and a Certaine day or enacting the petitioners self Judicially under what penalty or Certificatione their Lordships should be pleased to appoint since he was not able to find any other surety as the petitione bears The Lords of his Majesties privy Councill having this day Considered the above petitione given in to them be James Williamson prisoner in the Tolbooth of Edinburgh They Remitted to a Committie of their oun number to Consider the petitione with power to them to give order for the petitioners Liberatione upon such termes as they shall think fitt and appoints the Clerks of Councill to give out extracts of the Committies by way of act And the said Committie haveing this day accordingly mett and heard the Customers and James Williamsone They according to the power given to them ordaine the said James Williamsone to be sett at Liberty out of the Tolbooth of Edinburgh In Respect he has enacted himself in the books of privy Councill To appear before the Exchequer the first day of their meetting in June or therafter under the paine of Two hundred punds sterling and also he shall pay what shall be Decerned against him as the instance of the saids Customers by the saids Lords of exchequer and farder In Respect he has Consigned in the hands of the Clerks of Councill a disposition ominum Bonorum in ample forme to the forsaid Customers or their Cash keeper to be furth comeing to them in security and for payment of what shall be Decerned against him as said is, and that the said Disposition upon obtaineing of the said Decreet be given up to the saids Customers to the effect forsaid and on the other hand in cace that he be assoylzied Then that the forsaid disposition be given back to him to be cancelled.