Act, 29 December 1692, Edinburgh

Edinburgh the Twentie day of May J^aj vj^c nyntie two years

D1692/5/16

D1692/5/16¹

Act

Act James Dykes Cordinar

Anent a Petition given in to the Lords of their Majesties privy Councill be James Dykes Shoemaker in the Cannogate and present kirk thesaurer to the session of Hollyruidhouse Shewing That quher the kirk session of Hollyruidhouse ever since the happy Reformatione from Popery has been a legall constitute session without Respect to any change or alteratione in the Church government Continued in the annuall electione of their successors and of a kirk thesaurer who was allwayes intrusted by them with what concerned the intrest of the Church and particularly in haveing the charge and oversight of the manse and such parts therof as were sett out for the use of the minister of the Cannogate The said kirk sessione haveing been allwayes at the expences and charge of Repairing the said manse (alse often as occasione called for the samen) And a part of the said manse haveing been sett by the petitioners predecessors as kirk thesaurer to the ends forsaids, And Mrs Stirling widow haveing been the last tennent in a part of the said Manse and have removed at the terme of Whitsunday last she did deliver the keyes therof to the petitioner And in receiveing wherof, albeit the Supplicant acted in that Station as kirk thesaurer and as his predecessors past all memory had done, yet Patrick Hallyburtone principall Barron baillie of the Canogate Haveing wpon Frayday the nyntein instant about nyne acloak at night sumarly Commanded the petitioner without furder to deliver up the keyes of the said house, The Supplicant made no other returne, That it might be delayed to the nixt day, That he accquanted the rest of the members of the sessione Notwithstanding quherof without any other offence, or provocation quhatsomever The said Patrick Hallyburtone most sumarly at his oun hand caused incarcerat the petitioner in the Tolbooth of the Cannogate wher he sill remaines prisoner, and as it is not usuall for any magistrat upon pretence of a Ryot to incarcerat any persone after sum sett that belonging properly to the constable of the quarter So heir uith all submission their was no Just ground for the baillie to have done the same seing the supplicant acted nothing in the affair bot quhat was Consequentiall to that trust reposed upon him by the remanent members of the sessione without desyring in the least to offend authoritie or to offer any thing that might seem Injurious to one that caried the Character of a Magistrat By doeing quherof it was humbly conceaved the said Patrick Hallyburtone has exceided the legall and Just bounds of that authoritie that is lodged in his person and is guilty of the wrongeous Imprisonment of the petitioners persone, Who is their majesties free leidge and who acted nothing that could give the baillie ane Just provocation to doe the samen And Therfor Humbly Craveing the saids Lords to take the premisses to their consideration and upon the grounds above represented, not only to ordaine the supplicant sumarly to be sett at libertie as being Injuriously Imprisoned Bot would Lykwayes Grant warrand to cite the said Patrick before them upon the forsaid account and to prevent such abuses for the futur would Discharge the magistrats of the Cannogat from such sumar and illegall procedur in tyme comeing and if ther ware any thing as to the point of Right that in the least might be pretended by the magistrats that this might be received to be determined by the Judge ordinar as accords of Law, as the petitione bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above James Dykes They heirby Ordaine the Magistrats of Edinburgh Baillies of the Cannogate and keeper of their Tolbooth to sett the said James at Libertie And Ordaines him to exhibit and deliver the keyes of the above manss to the Lord Provost of Edinburgh to Remaine in his hands untill the matter be legally determined.