Act, 27 December 1694, Edinburgh

Edinburgh the Eight day of March J^aj vj^c nyntie four years

D1694/3/9

D1694/3/9¹

Procedure

Remitt to the Lord Advocat anent Malcome Hendersone his Spouse and others

Anent a Petition given in to the Lords of their Majesties privy Councill be Malcome Henderson merchant burges of Edinburgh and his spouse Shewing That quher Mr John Duncan merchant in Edinburgh for himself and in name of some other merchants in the said burgh haveing given in ane bill to the saids Lords Representing that Robert Dunbar skiper hade taken ane ship belonging to them and put ane great Ransum upon her And Craveing that ane box alledged pertaineing to the said Robert Dunbar and found in the petitioners house to the value of six hundred merks might be delivered to them for ane help to pay the said Ransome, And as to which it is humbly Represented to the saids Lords That the said box did belong to the said Robert Dumbar but along time before the went to Sea or was in actuall Rebellion against their majesties and Government the samen was Impignorat in the petitioners hands for thriescore and ten dollers of therby by his wyfe when she and her poor Cheldrein were in a Starving conditione, Which truely will come very near all the value of the box And if ther be any superplus It is humbly Represented to the saids Lords by Robert Dumbars wyfe and five small Childrein who neither knew nor was accessory to her husbands folly that the saids Lords would allow her the same to be a help to mantaine her poor infants, And Wheras it is pretended that ther is ane obleisment of George Clerk the factor to the said Robert Dumbar for thrie hundred Dollers in the said box and which they Likewayes crave may be Delivered up to them, The petitioners are content that the said obleisment be Delivered up quherof the said George Clerk hath ane Discharge, nor is it rationallie to be thought that his poor wyfe and would have been driven to that extreamitie they have been put to these four years past of ther trade been any part of that soume unpayed And Therfore humbly Craveing the saids Lords to take the premisses to ther Consideratione and In Respect that the forsaid box was found in the petitioners custody for the onerous cause above represented and that they are content the said obleisment be taken out and delivered to the said Mr John Duncan Therfore to ordaine the samen box to be delivered back to the petitioners for securitie of their money as the petition bears The Lords of their majesties privy Councill haveing heard this petition given in to them be the within Malcome Henderson merchant burges of Edinburgh and his Spouse read in ther presence They heirby Remitt to Sir James Stewart ther Majesties advocat to Consider the same, And Likewayes the petition given in be Mr John Duncan for himself and other merchants upon the same subject with this petition with power to his Lordship to decyde and determine upon the matter represented in both the petitiones as he shall find Just and in the mean time appoints the box to be put in the Lord advocats hands.
Conforme to the above order The box was given in to the Lord advocat upon the tenth of march instant.