Procedure, 30 December 1701, Edinburgh

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/13

D1701/7/13¹

Petition

Petition Francis Scott against Rutherford of Fairniton read and refused

Annent The petitione Given in and presented to the Lord high Chancellor and Lords of his majesties most honourable privie coucnill Be Francis Scot ane of the Gentlemen of his majesties horse Guards Sheueth that uher It being pretended that the shyre of Roxburgh uas deficient in payment of the Supplie and Excyse payable out of the said shyre Sir James Osuald of Fingletoune and James Dunlope late tacksman of the said excyse and supplie Granted tuo ordares and commmssione to your petitioner in august the Fyftine one thousand and sivenhundred yeares The one for the soume of Eight hundred and fifty eight pound Eleven shilling and four pennies scots preceeding November One thousand six hundred and Eighty four subscribed by the said Sir James and direct for the petitioner and the Other for the soume of One hundred and tuenty five pound thirtine shilling and ane pennie money forsaid preceeding Candlemes one thousand six hundred and nynty one years subscribed by the said Sir James Osuald and James Dunlop also direct for the petitioner to quarter uith ane party under his Command upon the commissionares of the said shyre ay an uhile they should make payment of their deficiences and be vertue of the saids tuo orders the said petitioner accordingly uent uith the said partie and intimated them to the commissionars of the said shyre by way of instrument upon the Eightine day of august one thousand and seven hundred yeares att Jedburgh uher the petitioner continoued for the space of thirty five dayes and he receiveing noe free quarters nor quartering money, Did upon the second day and year forsaid poynd and appryse ane horse from George Rutherfoord of Fairmingtoune one of the saids present commissioners att three pound sterling valow as the said couprysement heir uith produced Notuithstanding uherof the petitioner uas necessitate to continou ther untill the tuenty fourth day of September therafter that he got ordours to Remove from the said shyre uhich to ordours of Removeall are lyeing in the shirriff clerk of tiwiodeall his handes, and the petitionar being considerable out of pockit by payeing his pairty uhich he took along uith him for uplifting the said deficiencies uent to Mr Thomas Steill shirriff depute of the said shire and requyred quartering and rydeing money for thirty five dayes att a Croun per day being in haill the soume of one hundred and Five pound scots which is verry usuall in such Caices he absolutely refused wherupon the petitionar protested and took instruments against him and the whole present commisionars of the said fsaid shyre that they or the said Sir James Osuald and James Dunlope might be Lyable to him for the Remead of Law as the said instrument of the dait forsaid heiruith produced and the said George Rutherfoods procured ane ordour from the Lords of his majesties privie counsell appointing the petitioner aither to Restore the said horse or ten pound sterling therfor and the petitioner haveing failed therin he obtained Letters of Captione and therupon Incarcerated the petitionar upon the tuenty day of February last in the Tolbooth of Edinburgh uher he hes been ever since Lyeing and nou is under bond and Cautione to present himself uhen Called for And seeing uherin the petitioner hath acted in this matter uas exactly conforme to the saids tackmens ordoures And Therfor Humbly Craveing that it might please the saids Lords of his majesties privie counsell uould Fake the premises to their serious consideratione and appoynt the said James Dunlope nou only a lyfe and the representatives of the said James Osuald To repair the petitionar not only of the quartering and Reyding money amounting to the soume abovementioned ane pairt uherof allready laid out be the petitionar to the said pairty that uent under his command for uplifting the saids deficiences) ² But also to repair the petitioner of the loss and expencess he sustained be his four months and ane halfe incarceratione and the tolbooth deues all his out comming uhen he Granted bond of presentatione and all through the said tacksmen their ordoures as uill appear by ane accompt heruith produced uill testifie The Lords of his majesties privie counsell Haveing Heared the writtine petitione read in their presence they allou James Dunlop and the aires and Representatives of Sir James Osuald to be his majesties Generall Recivers To see and ansuear the same, The saids Lords of his majesties privie counssell upon the Day and dait of thir presents Haveing considered the forsaid petitione Given In to them to them by the petitioner and ansueares made therto for James Dunlope and the Representatives of the deceast James Osuald They have Refused and heirby Refuses the desyre of the bill Given in for the said petitionar