Att Edinburgh the Tuentieth day off Maij Jaj vjc nyntie tuo years
A1692/5/133
A1692/5/133
Act
Act James Dyckes and Laurens Ord
Anent the petitione Given in to the Lords of there majesties privie Councill be James Dyckes Shoemaker in the Canongate and present theasurer to the Kirk session of Halyruidhouse ever since the happie reformatione from popery hes been a legall constitute sessione without respect to any change or alternatione in the Church government Continowed in the annuall electione of there successors and of a kirk theasurer who wes alwayes Instrusted by them with what Concerned the Interest of the church and particularly in haveing the charge and oversight of the Manse and such pairts thereof as were sett out for the use of the minister of the Canongate The said kirk session haveing been alwayes at the expenses and charge of repairing the said manse alse often as occasione Called for the same) And a pairt of the said manse haveing been sett by the petitioners predicessors as Kirk theasurer to the ends forsaids And Mistres Stirling widow haveing been the last tenent in a pairt of the said manse and have removed at the terme of whitsonday Last she did delyver the keyes thereof to the petitioner And in receaving whereof albeit the supplicant acted in that Statione as Kirk theasurer and as his predecessors past memorie hade done yet Patrick Halyburtoun present Barron Bailzie of the Canongate haveing upon thursday the Nynteent instant about Nyne acloack at night summarly Commanded the petitioner without further to delyver up the keyes of the said house The supplicant made no other returne that it might be delayed to the next day That he acquanted the rest of the members of the sessione Notwithstanding whereof without any other offence or provocatione whatsomever The said Patrick Halyburtoun most summarly at his oune hand caused Incarcerate the petitioner in the tolbooth of the Canongate where he still remaines prisoner And as it is not usuall for any magistrats upon pretence of a ryott to Incarcerat any persone after sun sett, That belonging properly to the Constable of the quarter So here with all submission there wes no Just ground for the Bailzie to have done the same sieing the supplicant acted nothing in the effair but what wes Consequentiall to the trust reposed upon him by the remanent members of the sessione without desyring in the Least to offend authority or to offer any thing that might seem Injurious to one that Carryed the Character of a Magistrate By doeing whereof It is humbly conceaved the said Patrick Halyburtoun hes exceeded the Legall and Just bounds of that authority that is Lodged in his persone And is guilty of the wrongous Imprisonement of the petitioners persone who is there majesties free Leedge and who acted nothing that could give the bailzie any Just provocatione to doe the samen And therefor Humbly Craveing that the saids Lords would take the premises to there serious consideratione upon the grounds above represented And will not only ordain the supplicant to be summarly sett at Liberty as being with all submissive deference to there Lordships Injuriously Imprisoned But would alwayes grant warrand to Cite the said Patrick before there Lordships upon the forsaids accompt and to prevent such abuses for the future will discharge the magistrats of the Canongate from such summar and Illegall procedure in tyme comeing And if there be any thing as to the point of right that in the Least may be pretended to by the magistrats that this may be receaved to be determined by the Judges ordinarie as accords of the Law As the said petitione bears The Saids Lords of there Majesties privie Councill haveing considered this petitione given in to them be the above James Dyckes They hereby ordain the Magistrates of Edinburgh Bailzies of the Canongate and keeper of there tolbooth to sett the said James at Liberty And ordaines him to exhibite and delyver the keyes of the above manse to the Lord proveist of Edinburgh to remaine in his hands untill the matter be Legallie determined.
At Edinburgh 20 May 1692
A1692/5/133
Act
Act for James Dykes and Laurence Ord
Regarding the petition given in to the lords of their majesties’ privy council by James Dykes, shoemaker in the Canongate and present treasurer to the kirk session of Holyroodhouse ever since the happy reformation from Catholicism has been a legally constituted session without respect to any change or alternation in the church government, continued in the annual election of their successors and of a kirk treasurer who was always entrusted by them with what concerned the interest of the church and particularly in having the charge and oversight of the manse and such parts thereof as were set out for the use of the minister of the Canongate (the said kirk session having been always at the expense and charge of repairing the said manse as often as occasion called for the same), and a part of the said manse having been set by the petitioner’s predecessors as kirk treasurer to the foresaid end, and Mistress Stirling, widow, having been the last tenant in a part of the said manse and having removed at the term of Whitsun last, she delivered the keys thereof to the petitioner, and in receiving whereof albeit the supplicant acted in that station as kirk treasurer and as his predecessors past memory had done, yet Patrick Haliburton, present baron bailie of the Canongate, having upon Thursday the 19th instant about 9 o’clock at night, summarily commanded the petitioner without further [delay] to deliver up the keys of the said house, the supplicant made no other return that it might be delayed to the next day so he could inform the rest of the members of the session, notwithstanding whereof without any other offence or provocation whatsoever, the said Patrick Haliburton most summarily at his own hand incarcerated the petitioner in the tolbooth of the Canongate where he remains a prisoner, and as it is not usual for any magistrates upon pretence of a riot to incarcerate any person after sunset, that belonging properly to the constable of the quarter, so here with all submission there was no just ground for the bailie to have done the same seeing the supplicant acted nothing in the affair but what was consequential to the trust reposed upon him by the other members of the session without desiring in the least to offend authority or to offer anything that might seem injurious to one that carried the character of a magistrate, by doing whereof it is humbly conceived the said Patrick Haliburton has exceeded the legal and just bounds of that authority that is lodged in his person and is guilty of the wrongful imprisonment of the petitioner’s person, who is their majesties’ free liege and who did nothing that could give the bailie any just provocation to do the same; and therefore humbly craving that the said lords would take the premises to their serious consideration upon the grounds above represented and will not only ordain the supplicant to be summarily set at liberty as being, with all submissive deference to their lordships, injuriously imprisoned but would always grant warrant to cite the said Patrick before their lordships upon the foresaid account and to prevent such abuses for the future will discharge the magistrates of the Canongate from such summary and illegal procedure in tyme coming, and if there be any thing as to the point of right that in the least may be pretended to by the magistrates that this may be received to be determined by the judges ordinary, as accords with the law, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above James Dykes, they hereby ordain the magistrates of Edinburgh, bailies of the Canongate and keeper of their tolbooth to set the said James at liberty, and they ordain him to exhibit and deliver the keys of the above manse to the lord provost of Edinburgh to remain in his hands until the matter is legally determined.
