Procedure, 30 December 1701, Edinburgh

Att Edinburgh The Eight day of Jully 1701

D1701/7/8

D1701/7/8¹

Act

[Act for Mr William Chiesly]

Annent The petitione Given in and presented to the Lords of his majesties privie counsell Be Mr Uilliam Chiesly uritter to the signet Shewing That Archbald Chiesly the petitioners sone By ordour of the Lords of his majeties privie counsell haveing been sett at liberty from the tolbooth of the Cannongate uher by uarrand of the saids Lords of his majesties privie counsell he uas comitted prisoner for his outragious and untaturall deportment touards the petitioner He no sooner obtained this favour But by his clamour and att the instigatione of James Hamiltoune kepper of that tolbooth The said Archibald Chiesly Lykeuayes prevailed to get ane ordor appointing the prisone dues to be payed by the petitionar uithout allouing him ane hearing therannent and seeing the said James Hamiltoune hath but recently acquented the petitioner uith the said ordour He humbly beggs Liberty to represent to the saids Lords that he can no uayes be lyable in payment of the said prisone deues primo Because he made full payment to the said James Hamiltoune of the soumes of money modified by a Commity of the Lords of his majesties privie counsells number to be payed by him from tyme to tyme upon the petitioners sones accompt during his imprisonent and therfor ought not to be farder troubled for prisone deues Secundo since the said Archbad Chiesfly uas sett at Liberty the petitioner hath payed to him a considerable soume upon his discharge in satisfactione of all he could ask of the petitioner or could be laid to his charge on the accompt of his said sone so that the accompt is therin Included, Tertio It is ueell knowen to his some of the Lords of his majesties privie counsells number that the petitioner is not in a conditione to pay any furder soumes of money to or for his said sone then uhat he hade payed and therfor the said Archibald Cheisly should pay the prison² deues out of the money he hath got from the petitioner And Therfor Craveing that It might please the saids Lords to find that the petitioner no uayes lyabel for the said prisone But that James Hamiltoune should seek his payment otheruayees as he best can or att least that the saids Lords of his majesties privie counsell uould allou the petitionar ane heareing upon the premises and in the meantyme to discharge all executione one the forme act theranent His majesties high commissionar and the Lords of his majesties privie counsell haveing haveing³ heard the uithin writtine petitione given in to them be the uithin Mr Uilliam Chisly Read in ther presence they heirby allou Archibald Chiesly the petitioners sone and James Hamiltoune keeper of the Cannongate Tolbooth to see and ansuer the same and in the mean tyme sists any executione att the instance of aither of the saids Archbald Chiesly or James Hamiltoune against the petitioner for the uithin house dewes uhich petitione Being upon the day and dait of thir presents read in presence of the saids Lords, The Lords of his majesties privy counsell haveing considered the writtin petitione given in to them be the uithin Mr Uilliam Chiesly and ansueares made therto for James Hamiltoun keeper of the Cannongate tolbooth they heirby Decerne and Ordaines the said Mr Uilliam Chiesly to make payment to the said James Hamiltoune of the jaylor fies due by Archibald Chiesly sone to the said petitioner from the thirtine day of may One thousand six hundred and nynty siven years to the tuenty seventh day of February One thousand siven hundred yeares being one thousand and three dayes uhich att half a merk scots⁴ each day as the dues To the keeper of the prisone Extends to the soume of Three hundred and thirty Four pounds six shilling Eight pennies scots money and also the soume of seventine pounds eight shilling money forsaid being six Rex dollairs for the servants deues in the said prisone during the tyme forsaid Extending both the saids soumes to the soumd of three Hundred and Fifty one pounds Fourteen shilling Eight pennies money forsaid and ordaines letters of horning on Fiftine dayes Charge and others executorialls needfull to be direct heiron in Forme as effeirs