Warrant, 31 December 1695, Edinburgh

Edinburgh Tuesday the 6th August 1695

D1695/8/4

D1695/8/4¹

Judicial Proceedings

Remitt and Recommendation David Symson

Anent the petition given in to the Lords of his Majesties privy Councill be David Symson now in his Majesties service under the Comand of Captaine Hary Martine Captaine of the Berwick Friggot Shewing That Mr William Touch in Leven taking advantage of the petitioners absence from this kingdome did most surreptitiously procure ane Decreet against him for the pryce of Six Chalders of salt shiped aboard of ane Ship for Dantzick wherof the petitioner was then master, Which Decreet was Suspended and after debate was turned to ane lybell and the verity of the debt and the Circumstances therof referred to the petitioners oath and a day assigned for the petitioner to depone and Comision granted for taking his oath Which Commission was extracted by the petitioners freinds at Edinburgh and sent to London To have been sent from that place to the Smyrna Fleet wherin the petitioner was for the time But because no notice could be then gott wher the said Fleett was, The Commission was returned to Edinburgh and the terme was Circumdined against the petitioner for not deponeing and it having pleased the almighty God to send the said Fleet Safely home to Ingland the petitioner did procure Liberty from his said Captaine to come hither to Scotland to visit his poor wife and familly who were Lying under the pressure of the said Mr William Touchs Severity for the forsaid most unjust debt and who would have no pitty nor Compassion on them, The petitioner did apply to the Lords of Session and upon most Just grounds have obtained Suspension of that debt, But because It is now the time of vaccance So that their Lordships Cannot take the petitioners oath anent the point referred therto and that of necessity he must returne to his majesties Service so soon as his said Captaine Shall Call him, Which he may doe when ever he pleases And Therfore humbly Craving the saids Lords would Grant Warrand and Comission to any of the saids Lords of session who shall hapen to be ordinar upon the bills for the time to take the petitioners oath now in the time of vaccance upon the points referred therto in the forsaid matter And to Ordaine the same to Lye in the proces till the event of the Cause That so the Said Mr William Touch may have no Occasion hence of taking advantadge of the petitioner when he is aboard in² his majesties service or at least that their Lordships would Declair if the said Mr William shall now Declyne to take his oath That no new Circumduction of the terme shall be pronunced against him during his absence out of the Countrey and till he returne againe from his majesties service to this kingdome as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above David Symsone They heirby Remitt and Recomend to any of the ordinary Lords of Session who shall be upon the bills for the time to take the oath and deposition of the petitioner now in the time of vaccancie upon the points referred therto Conforme to the petition and Comission granted be the Lords of Session mentioned therin And if need bees Authorizes the said Lord Ordinary to the effect forsaid And appoints the oath when taken to Lye in the process till the event of the cause.