Act, 29 July 1697, Edinburgh

Act, 6 October 1697, Edinburgh

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/291

Act

Act James Brown

Anent the petitione given in to the Lords of his majesties privie Cownsell be James Browne son to Patrick Browne tennent to Sir Alexander Forbes of Tolqwhon Shewing That wher the petitioner being in the tollbwith of Edinburgh in Jwllie Jaj vic and nyntie six at the instance of The Laird of Foverane be vertwe of ther Lordships Sentence and decreit ay and whill he made payment to him of Six Hundereth merks of fyne and cleared his accompts with him and banished the petitioner furth of the Shyre of Aberdeen dureing ther Lordships pleasure And the petitioner haveing presented a bill of Suspensione of the foirsaid Decreit to ther Lordships in Febrwary Last And by ther Lordships Jwstice and Commisseratione to his deplorable and destitute state in prisone for seven moneths the petitioner obtained his bill of Suspensione past and expede But ther Lordships Did nether Suspend nor remit the Sentance of banishment from the Shyre of Abredein The petitioner therfor most humbly begs Leave to represent to ther Lordships that he is readie and als willing as he is to Live to cleare his accompts with Foveraigne in obedience to ther Lordships decerintor theranent But this will be impossible to the poor petitioner wnles ther Lordships allow him to goe and waite upon Foverane for that effect for he will not be at the trouble to attend Such ane Small affaire in ane other place then his own residence and wher the petitioner Can have of the best Genlemen2 in the Cowntrie for his mediators and might have ther Service if his banishment were taken off whatever Foverane may pretend But that being a barr not only to his receptione but alsoe to his necessar subsistance The petitioner cannot but become miserable in a verie Short tyme wnles ther Lordships Jwstice and clemency take off his banishment from the said shyre within which all the meanes of Subsistance the petitioner can Look for lyes the petitioner also humblie remynds ther Lordships of the State of his caise that he proved a pairt of his lybell And that the only grownd ther Lordships walked in fyneing imprisoneing and banishing was upon the depositiones of Some of Foveranes own servants alleadgeing the petitioner altered and firlot wheras if ther Lordships would allow the petitioner ane Commission he could make it appeare by the Couper maker of the firlot and others of the Same occupatione that all he did make the firlot neither mor nor Less The petitioner hes both befoir and Since his Liberatione from prisone made all the Submissions to Foverane that Could move his or any mans pity towards the petitioners destitut and deplorable conditione that intended Not his wtter rwine which evidently appears Foverane Does if their Lordships Jwstice and clemencie prevent it not The petitioner went likewayes of Late als near to Foveranes residence as he could adventure and caused offer to compt and reckon and cleare all his intromissiones he allwayes allouing the petitioner inspectione of his accompts which he refwised and gave these he sent or caused interceed for him nothing but hectering minaceing Langwadge As the instrwments therwith produced hes instrwcted And when that faillzed the petitioner was forced to raise exhibitione of his accompts and compt and reckning befoir the Lords of Sessione Seing nothing els could obleidge him to exhibite his accompts or compt and reckon with the petitioner As the Summonds of exhibitione and compt and reckning therwith prodwced hes instrwcted Soe that ther Lordships may perceave the petitioner hes omitted nothing incumbent for him to give Foverane Satisfactione and faire compt and reckning But Foverane being maister of all that the petitioner hes in the world And finding his compt and reckning Cannot come in to be debate for a Long tyme And knowing that the petitioner hes nothing to prosecute the samen And that his banishment deprives him of all meanes of Subsistance he declynes to compt and reckon to the petitioner wheras if he had access to his papers and accompts he would be able to vindicat himself to ther Lordships and cleare his accompts with Foverane the petitioner being allowed Libertie to goe about his affairs as a frieman And therfore humblie craveing ther Lordships to take off the petitioners banishment and to grant him Libertie to repaire to the Shyre of Aberdeen for cleareing his accompts with Foveran wher the petitioner can have the benefite of severall gentlemens assistance (whom he cannot obleidge to attend at a distance) And to ordaine Foverane to allow the petitioner the wse of his wrytes for makeing up his accompts which he seized and tooke from ther petitioner at least to recomend for the Lords of Sessione to discwss his exhibitione and complaind reckning Summarlie And if it please ther Lordships to grant Commissione to any persone ther Lordships Shall appoint to examine the Cowpar who made the firlot and others who knowed and wnderstands measures whither all the alteratione the petitioner is alleadged to have made on it could make it more or Less and whither Foverane does not both take in and give out his Victwall with that Same firlot to this day As also to ordaine Foverane to delyver up to the petitioner his cloaths which can be of now wse to him and wherof the petitioner is in great want through his Long imprisonment which if Foverane oppose ther Lordships will soon perceave who is in the wrong and what Foveranes designe is As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell And answers made therto for the Laird of Foverane They heirby Suspend the Sentance of Banishment pronunced against the petitioner Simpliciter upon him till the first day of November nixt to come to the effect he may repaire to the Shyre of Aberdeen and allowes him to repaire to the Same and to cleare his accompts with the Laird of Foverane at Sight or before the Shirreff principall of Aberdeen and his deputs betuixt and the said first day of november next And therefter declaires the Sentance of banishment to recurr and Stand in full force against him as at the pronunceing therof and as the samen had never being Suspended And that Foveran affoord him transcrupts of his own books and papers for that effect and exhibite the principalls to the Shirreff or his deputs at any tyme when requyred dureing the Said Space

Att Edinburgh the twentie nynth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/291

Act

Act James Brown

Anent the petitione given in to the Lords of his majesties privie Cownsell be James Browne son to Patrick Browne tennent to Sir Alexander Forbes of Tolqwhon Shewing That wher the petitioner being in the tollbwith of Edinburgh in Jwllie Jaj vic and nyntie six at the instance of The Laird of Foverane be vertwe of ther Lordships Sentence and decreit ay and whill he made payment to him of Six Hundereth merks of fyne and cleared his accompts with him and banished the petitioner furth of the Shyre of Aberdeen dureing ther Lordships pleasure And the petitioner haveing presented a bill of Suspensione of the foirsaid Decreit to ther Lordships in Febrwary Last And by ther Lordships Jwstice and Commisseratione to his deplorable and destitute state in prisone for seven moneths the petitioner obtained his bill of Suspensione past and expede But ther Lordships Did nether Suspend nor remit the Sentance of banishment from the Shyre of Abredein The petitioner therfor most humbly begs Leave to represent to ther Lordships that he is readie and als willing as he is to Live to cleare his accompts with Foveraigne in obedience to ther Lordships decerintor theranent But this will be impossible to the poor petitioner wnles ther Lordships allow him to goe and waite upon Foverane for that effect for he will not be at the trouble to attend Such ane Small affaire in ane other place then his own residence and wher the petitioner Can have of the best Genlemen2 in the Cowntrie for his mediators and might have ther Service if his banishment were taken off whatever Foverane may pretend But that being a barr not only to his receptione but alsoe to his necessar subsistance The petitioner cannot but become miserable in a verie Short tyme wnles ther Lordships Jwstice and clemency take off his banishment from the said shyre within which all the meanes of Subsistance the petitioner can Look for lyes the petitioner also humblie remynds ther Lordships of the State of his caise that he proved a pairt of his lybell And that the only grownd ther Lordships walked in fyneing imprisoneing and banishing was upon the depositiones of Some of Foveranes own servants alleadgeing the petitioner altered and firlot wheras if ther Lordships would allow the petitioner ane Commission he could make it appeare by the Couper maker of the firlot and others of the Same occupatione that all he did make the firlot neither mor nor Less The petitioner hes both befoir and Since his Liberatione from prisone made all the Submissions to Foverane that Could move his or any mans pity towards the petitioners destitut and deplorable conditione that intended Not his wtter rwine which evidently appears Foverane Does if their Lordships Jwstice and clemencie prevent it not The petitioner went likewayes of Late als near to Foveranes residence as he could adventure and caused offer to compt and reckon and cleare all his intromissiones he allwayes allouing the petitioner inspectione of his accompts which he refwised and gave these he sent or caused interceed for him nothing but hectering minaceing Langwadge As the instrwments therwith produced hes instrwcted And when that faillzed the petitioner was forced to raise exhibitione of his accompts and compt and reckning befoir the Lords of Sessione Seing nothing els could obleidge him to exhibite his accompts or compt and reckon with the petitioner As the Summonds of exhibitione and compt and reckning therwith prodwced hes instrwcted Soe that ther Lordships may perceave the petitioner hes omitted nothing incumbent for him to give Foverane Satisfactione and faire compt and reckning But Foverane being maister of all that the petitioner hes in the world And finding his compt and reckning Cannot come in to be debate for a Long tyme And knowing that the petitioner hes nothing to prosecute the samen And that his banishment deprives him of all meanes of Subsistance he declynes to compt and reckon to the petitioner wheras if he had access to his papers and accompts he would be able to vindicat himself to ther Lordships and cleare his accompts with Foverane the petitioner being allowed Libertie to goe about his affairs as a frieman And therfore humblie craveing ther Lordships to take off the petitioners banishment and to grant him Libertie to repaire to the Shyre of Aberdeen for cleareing his accompts with Foveran wher the petitioner can have the benefite of severall gentlemens assistance (whom he cannot obleidge to attend at a distance) And to ordaine Foverane to allow the petitioner the wse of his wrytes for makeing up his accompts which he seized and tooke from ther petitioner at least to recomend for the Lords of Sessione to discwss his exhibitione and complaind reckning Summarlie And if it please ther Lordships to grant Commissione to any persone ther Lordships Shall appoint to examine the Cowpar who made the firlot and others who knowed and wnderstands measures whither all the alteratione the petitioner is alleadged to have made on it could make it more or Less and whither Foverane does not both take in and give out his Victwall with that Same firlot to this day As also to ordaine Foverane to delyver up to the petitioner his cloaths which can be of now wse to him and wherof the petitioner is in great want through his Long imprisonment which if Foverane oppose ther Lordships will soon perceave who is in the wrong and what Foveranes designe is As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell And answers made therto for the Laird of Foverane They heirby Suspend the Sentance of Banishment pronunced against the petitioner Simpliciter upon him till the first day of November nixt to come to the effect he may repaire to the Shyre of Aberdeen and allowes him to repaire to the Same and to cleare his accompts with the Laird of Foverane at Sight or before the Shirreff principall of Aberdeen and his deputs betuixt and the said first day of november next And therefter declaires the Sentance of banishment to recurr and Stand in full force against him as at the pronunceing therof and as the samen had never being Suspended And that Foveran affoord him transcrupts of his own books and papers for that effect and exhibite the principalls to the Shirreff or his deputs at any tyme when requyred dureing the Said Space

1. NRS, PC2/27, 23v-25v.

2. Sic.

1. NRS, PC2/27, 23v-25v.

2. Sic.