Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh the Twenty fourth day of September One thousand seven hundred years

D1700/9/2

D1700/9/2¹

Order

Act Rutherfoord of Fermingtoune Against Scott

Anent a Petition given in to his Majesties high Commissioner and Lords of his Majesties privy Councill be George Rutherfoord of Fermingtoune Shewing That since the petitioner was Lately named a Commissioner of Supply for the Shyre of Roxburgh he hath readily endeavoured to discharge the duty of that trust, Bot did nowayes Judge himself by accepting to be a Commissioner subject and Lyable for the Ommissiones or duties of any other who hade served the Shyre Commissioners of Suply eightein or Tuenty dayes agoe, yet nevertheless Sir James Oswald of Fingletoune Generall receiver of the Cess and excyse for the years J^aj vj^c Eightie one and J^aj vj^c eightie thrie haveing ordered a partie to quarter upon the Shyre of Roxburgh for some pretended deficiencies of these years under the Command of Francis Scot a Gentlman of the guards, who haveing intimat his order of quartering to the present Commissioners did within a few dayes therafter accompanied with his party come to the petitioners house and ther violently and masterfully seazed and caried away one of the petitioners best sade horses above Ten pounds sterling value upon pretence of ryding money without any order or warrand from the present Commissioners of authority and sentance of any Judge whatsomever, and which horse was not only detained from the petitioner to this day and made a Comon posture up and down the Countrey Bot the petitioner getting information, that his horse was at Jedburgh did not only cause areist him by order and warrand from the shirriff, Bot also the said Francis Scot being called before the said Commissioners of Supply and ordered to delyver back the horse conforme to their act and Ordinance therwith produced not only refused the same Bot openly declared that so long as his orders stood unrecalled he would doe the Like to others of the Commissioners from time to time wherby the petitioner was not only manifastly absued; Bot this maner of proceeding might discourage the most affectionat of his Majesties subjects in serving their king their king² and Countrey If the saids Lords should not timeously provyde remeedy and Likewayes in contempt of Law brocke the areistment and caried away the horse, And Therfore Humbly Craveing the saids Lords would be pleased not only to ordaine the said Francis Scot or any other in whose hands the petitioners horse should be found instantly to restore and delyver up the same to the petitioner Bot also to ordaine the petitioner to be refound of expence and damnadge as the same shall be Liquidate before the Commissioners of Supply Conforme to the Lawes and acts of parliament made anent abuses of this Sort and nature As the said petition bears His Majesties high Commissioner and the Lords of his Majesties privy Councill having Considered the above petition given in to them by the above George Rutherfoord of Fermingtoune with the Commissioners of Supplies warrant and executione therof mentioned therin and produced therwith His Grace and their Lordships Decerne and Ordaine the abovenamed Francis Scot or any other persone in whose hands the said petitioners above horse may be found to restore and instantly delyver the same back againe to the petitioner And allowes the said Francis Scott to see and answer the rest of the petition As to the expenses and damnadge untill the nixt Councill day And Ordaines Letters of horning on six dayes and Other executions needfull to pass hereon under the Signet of Councill in form as effeirs