Sederunt, 4 June 1700, Edinburgh

Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh the Fourth day of June Jaj vic years

D1700/6/21

Sederunt

Act and Warrant Caruthers Drovers Against Andrew Crafurd merchants in London2

Anent a Petition given in to the Lords of his Majesties privy Councill be John and William Carruthers Drovers Shewing That upon application made by one Scrymzeor in Dundie to his Majesties advocat for a warrand to seaze the persone of Androw Crafurd Merchant in London, and Likwayes upon application made to the saids Lords by the petitioners for a warrand to apprehend the persone of the Said Androw Crafurd as debitor to the petitioners in above the soume of Four hundred pounds Sterling by English bonds wherof he intended to defraud the petitioners by retireing from this Countrey to Ireland or some other foraigne Countrey As he hade defrauded both the petitioners and many others of his Creditors by leaving England without giveing the least Satisfactione to any of them, and albeit he hade Libertie for some dayes upon pretence of takeing some Course with the petitioners debts and setling with some others of his Creditors, yet he hath been so farr from useing the least Candor and ingenuity with the petitioner That to this hour he would neither exhibit his books nor a list of his debtors nor make any Speciall assignatione of the Sommes due to him for their payment and Satisfaction Notwithstanding the petitioners are Content to have given him Severall years respyte in order to the petitioners payment, Bot he knowing the Soumes due by him to the petitioners being the most of their Stock, and that the petitioners are not able to follow and pursue him in Foraigne Countries does altogither Shift takeing any Solid Course for the petitioners payment altho as the petitioners are informed he hath satisfied some of his Creditors whom he knew to be persones able to prosecute him so that unless the saids Lords were graciously pleased to ordaine the said Androw Crafurd to be Comitted and determined in prison untill he take some effectuall Course for the petitioners Security and payment at least untill he find Caution for that effect And Therfore Humbly Supplicating to the effect aftermentioned His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above John and William Caruthers They Doe hereby Nominat and appoints the Earles of Marr Lauderdale and Leen, The Lords advocat and Thesaurer depute to be a Committie to call for and hear the saids petitioners and the above Androw Crafurd and to endeavor to Setle and agree them in the matter therin represented and in the mean tyme grants warrant to the macers of Councill or messengers at armes to seaze upon and Comitt to the Tolbooth of Edinburgh The persone of the said Androw Crafurd ay and while he find sufficient Cautione acted in the books of privy Councill That he shall appear befor and attend all the dyets Which Shall be appointed by the Committie of privy Councill abovenamed Which Shall be appointed by the Committie of privy Councill abovenamed For hearing and Considering the Matters represented against him by the petitioners and that he shall obtemper and fullfill What the said Committie Shall determine and appoint Or other wayes that he shall make payment of the Sounds Contained in the thrie English bonds granted by him to the saids petitioners And Recommends to the said Comittie to meet to morrow at ten in the forenoon And Declares any thrie of them to be a Sufficient quorum

Att Edinburgh the Fourth day of June Jaj vic years

D1700/6/21

Sederunt

Act and Warrant Caruthers Drovers Against Andrew Crafurd merchants in London2

Anent a Petition given in to the Lords of his Majesties privy Councill be John and William Carruthers Drovers Shewing That upon application made by one Scrymzeor in Dundie to his Majesties advocat for a warrand to seaze the persone of Androw Crafurd Merchant in London, and Likwayes upon application made to the saids Lords by the petitioners for a warrand to apprehend the persone of the Said Androw Crafurd as debitor to the petitioners in above the soume of Four hundred pounds Sterling by English bonds wherof he intended to defraud the petitioners by retireing from this Countrey to Ireland or some other foraigne Countrey As he hade defrauded both the petitioners and many others of his Creditors by leaving England without giveing the least Satisfactione to any of them, and albeit he hade Libertie for some dayes upon pretence of takeing some Course with the petitioners debts and setling with some others of his Creditors, yet he hath been so farr from useing the least Candor and ingenuity with the petitioner That to this hour he would neither exhibit his books nor a list of his debtors nor make any Speciall assignatione of the Sommes due to him for their payment and Satisfaction Notwithstanding the petitioners are Content to have given him Severall years respyte in order to the petitioners payment, Bot he knowing the Soumes due by him to the petitioners being the most of their Stock, and that the petitioners are not able to follow and pursue him in Foraigne Countries does altogither Shift takeing any Solid Course for the petitioners payment altho as the petitioners are informed he hath satisfied some of his Creditors whom he knew to be persones able to prosecute him so that unless the saids Lords were graciously pleased to ordaine the said Androw Crafurd to be Comitted and determined in prison untill he take some effectuall Course for the petitioners Security and payment at least untill he find Caution for that effect And Therfore Humbly Supplicating to the effect aftermentioned His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above John and William Caruthers They Doe hereby Nominat and appoints the Earles of Marr Lauderdale and Leen, The Lords advocat and Thesaurer depute to be a Committie to call for and hear the saids petitioners and the above Androw Crafurd and to endeavor to Setle and agree them in the matter therin represented and in the mean tyme grants warrant to the macers of Councill or messengers at armes to seaze upon and Comitt to the Tolbooth of Edinburgh The persone of the said Androw Crafurd ay and while he find sufficient Cautione acted in the books of privy Councill That he shall appear befor and attend all the dyets Which Shall be appointed by the Committie of privy Councill abovenamed Which Shall be appointed by the Committie of privy Councill abovenamed For hearing and Considering the Matters represented against him by the petitioners and that he shall obtemper and fullfill What the said Committie Shall determine and appoint Or other wayes that he shall make payment of the Sounds Contained in the thrie English bonds granted by him to the saids petitioners And Recommends to the said Comittie to meet to morrow at ten in the forenoon And Declares any thrie of them to be a Sufficient quorum

1. NRS, PC2/27, 340v-341r.

2. A marginal note appears beneath this title: ‘this warrand Lyeing in the proces upon which the decreit is extracted dated the 21 February 1706 and in that sederunt and extracted with the said the deid beginning with this petition, wheron the above act is founded’.

1. NRS, PC2/27, 340v-341r.

2. A marginal note appears beneath this title: ‘this warrand Lyeing in the proces upon which the decreit is extracted dated the 21 February 1706 and in that sederunt and extracted with the said the deid beginning with this petition, wheron the above act is founded’.