Act, 28 December 1703, Edinburgh

Edinburgh the 2d February 1703

D1703/2/4

D1703/2/4¹

Act

Act Infavours off George Weir of Blackwood

Annent The petition given in and presented to the Lords off Her Majesties privie Councill By Sir George Weir of Blackwood Shewing That wher your petitioner Did at Candlemes Last most unhappily became Creditor to John Corse late baillie off Glasgow in the principall soume off Three Thousand Five hundereth pound or therby Which was assigned to him By James Russell as a pairt off the price off the Lands off Gartness which wer at the tyme sold by the petitioner to the said James Russell And which debt was Corroborat by the said John Corse and William Corse his sone Conjunctllie and Severallie Wherupon the petitioner Haveing used dilligence against the saids John and William Corses who became nottorly Bankrupt and Reteared to the Abay off Hallirudhouse within less then a quarter off a year affter they had been debitors to the petitioner wher they have ever since remained and set up a trade off brewing malt and selling of ale within the City of Edinburgh and Suburbs tho under the Collor and preteut off Simulat Dispositiones granted by them to confident persones The Petitioner Did upon the Tuenty fytfh Instant By verteu off his Dilligence Cause apprehend the persone off the said William Corse without the precints off the Sanctuary off Her Majesties palace And whylest the Messenger and his assistants wer Conducting him to the nearest prison in the Cannogate with all quietness near to the Tolbuith therof Ther Suddenly Came out upon them a number off Breuar Servants and a great Company off other men and women who openly and violently Did deforce the Messenger and Rescue the prisoner out off his hands and Carry him away with a great Croud wherin the messenger and his assisstants wer in great hazerd and some off them wer wounded sevearly to the effusion off much blood As the Executione off Caption and lykewayes off Deforcement herewith produced and ready to be attested by the oaths off the Messenger Executor and witnesses Doeth bear And their Lordships Being the proper Judicatour For asserting vindicating and mentaining Her Majesties Laws And to whom all Her Majesties Leidges Doeth most confidently apply themselves For the benefite off Her Majesties protection againest all Injuries ryotts and abusses And that noe man ought to Catch advantadge By such Injurious abuse off Her Majesties laws and authoritie And Therfore Creaving Their Lordships In consideration off the premisses so attested and verrified as is above Represented To grant warrand to the keeper off Her Majesties palace off Hallirudhouse and Baillie therof To Concurr with and assist the petitioner in searching For and apprehending the said William Corse within the precints off the said pallace wherever he can be found and to delyver him up to the Messengers havers of the petitioners dilligence againest him ther he may underly the Law seeing the Forsaid Deforcement off Her Majesties Messengers after he was legally apprehended without the precints off the pallace can give him now² noe more vitle to the Sanctuary According to Justice and ther Lordships Constant practise in such caices As the said petition bears Which petition being upon the Tuenty Sixth off January J^aj vij^c and three Called The Lords of Her Majesties privy Councill Haveing Considered the petition given into them by George Weir of Blackwood And the samen with the Letters of Caption and Executiones of deforcement Being read in their presence The Councill Doe heirby Nominat and appoint The Earle of Lauderdale, The Lord Advocat and the Lord Aberuchill To be a committee to consider and Examine the matter within represented in the petition And Recommends to the said Committee to meet to morrow morning at Ten aclock in the Foirnoon And Declaires any two aquorum And to report to the Councill The nixt Councill day And in the mean tyme ordaines John Hamiltoun Baillie in the Abbay of Hallyroodhouse under her Grace The Dutches of Hamiltoun To search for seiz upon apprehend and secure The person off William Corss merchant in Glasgow within the prison off the said Abbay and detain him therin ay and whyll the Councills further orders therannent And to produce him befoir the above named Committee if called For And the said petition being upon the Second day off February J^aj vij^c and three again Called The Lords of Her Majesties privie Councill Haveing Considered the report off the Committee Annent Sir George Weir off Blackwood Againest William Corse merchant in Glasgow and the Execution of Deforcement under the hands of Robert Broun Carrick pursevant with the depositiones off the witnesses Adduced befoir the said Committee and taken by them theron Being all read in their presence The saids Lords Have Declaired and Heirby Declairs the said William Corse to have lost and noe wayes to be capable off the benefite of the sanctuary off Holyroodhouse in tyme comeing And Have ordained and Heirby ordaines John Hamiltoun Bailly in the Abbay of Holyroodhouse under Her Grace the Dutches of Hamiltoune To search for sease upon apprehend and secure the person of the said William Corse iff he be within the said Sanctuary off Holyroodhouse And in caice he be absent furth therof And shall any tyme hereafter happen to resort to the said Sanctuary off Holyruidhouse Ordaines the said John Hamiltoun Baillie forsaid To sease and apprehend the persone off the said William Corse And detain him in sure ward firmance and Custodie and report to the Councill therannent.