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Petition by Patrick Steel, vintner, read, and the summonds at his instance against his creditors being called and none compearing, there was protection granted him from personal execution for payment of all sums of money for year and day after this date, in manner particularly following:
Anent the summonds and action raised and pursued before her majesties' high commissioner and the estates of parliament at the instance of Patrick Steel, vintner, burgess of Edinburgh, against Hugh Cunninghame, writer to the signet, Mr James Grahame, senior advocat, Sir Robert Cheisly, late provost of Edinburgh, Sir William Meinzies of Gledstanes, late baillie there, Mr John Duncan, merchant in Edinburgh, Andrew Sutherland, writer to the signet and [...] Guthrie, his spouse, [...] Deans's, children to the deceased Alexander Deans, merchant in Edinburgh, John Marjoribanks, late baillie in Edinburgh, James Gordon, senior, merchant there, John Russell, writer there, John Hamilton, baillie of the abbay of Haly-rude-house, David Denoon, baillie in the Cannongate, and [...] his spouse, Henry Boithwell of Glencorse, Robert Watsone of Murehouse, merchant in Edinburgh, [...] relict of Mr William Bullo, minister, and [...] Bullo, her daughter, and James Johnstoun, messenger in Edinburgh, her husband for his interest, [...] Ross, relict of William Allan, writer in Edinburgh, and William Allan, his eldest son of the first marriage, Mr George Douglass of Friershaw, advocat, Hugh Somervell, writer to the signet, Alexander Deuchar, writer in Edinburgh, factor for Collonell John Buchan, Henry Burn, merchant in Edinburgh, Sir Patrick Home of Lumsdene, advocat, Robert Forrester, late baillie in Edinburgh, [...] Mirrilies, children of the deceased James Mirrilies, writer in Edinburgh, Mr Walter Stirling, writer there, Jean and Elizabeth Brouns, daughters to umquhile John Broun, merchant in Edinburgh, James Cleland, merchant there, Andrew Ker in Dysart, David French, writer in Edinburgh, and Elizabeth Thomson, his spouse, John Grahame of Dougaldstoun and his copartners Mathew and Daniel Campbells, merchants in Glasgow, Andrew Houstoun, writer in Edinburgh, Mr Andrew Mortimer, late minister of the gospell, Barbara Forbes, relict of James Allan of Sauchlane, Robert Miln of Balfarg, masson in Edinburgh, Robert Walwood, merchant in Edinburgh, Mr James Smith of Whitehill, [...] Stivensons, children to the deceased Hugh Stivenson of Montgreenan, Archbald Nisbet of Carfin, Walter Porterfield, apothecary in Cannongate, James Broun, apothecary in Edinburgh, [...] Scots, children to the deceased [...] Scot, farmer in Dean, James Fairholm, merchant in Edinburgh, Gilbert Steuart, merchant there, [...] Rochhead, daughter to the deceased Sir James Rochhead of Innerleith, Stephen Cuthell, vintner in Edinburgh, Mr George Suttie, son to the deceased [...] Suttie, late dean of gild of Edinburgh, James Graham, late baillie there, Alexander Baird, late baillie there, David Mitchell, baxter there, Thomas Fisher, chamberland to the good toun of Edinburgh, Patrick Carfrae, masson there, William Gordon of Bridges, merchant there, Andrew Paterson of Kirktoun, Gavin Plummer, merchant in Edinburgh, Hary Lochhead, vintner there, Andrew Tennent, vintner there, John Callendar of Craigforth, John Steel, brewar in Edinburgh, Alexander Dunbar, merchant there, James Nicolson, one of the clerks of the bill chamber, Samuel Macklellan, merchant in Edinburgh, George Lauson, merchant there, Mr [...] Steuart, collector in Glasgow, David Gourlay and Alexander Dunbar, factors to the deceased William Dunbar, merchant in Edinburgh, Elizabeth Peter, Lady Whitsley, James Broun, tennent in Stenhopsmills, Robert Darleith, son to the deceased John Darleith, writer in Edinburgh, Andrew Simpson, farmer at Pendreich of Leswade, George Leidingtoun, tailzeor in Inneresk, Sir Thomas Young of Rosebank, indweller there, Thomas Tod, skipper in Fisherraw, James Marjoribanks, merchant in Edinburgh, Mr Robert Norvell, advocat, and Alexander Tait, skipper in Leith, all creditors to the said Patrick Steel; mentioning that where it hath been the pursuer's very great misfortune, partly by cautionries for persons who proved insolvent, losses at sea and bad debitors for considerable sums and unfaithful servants, and partly by the rigour of some of his creditors to be forced from the management of his affairs and the capacity of makeing the same effectual to answer his credit, notwithstanding of his haveing at their first question thereanent made an ample and voluntar disposition of all his means in their favors without exception, which, according to the report of some of the most judicious among them to whom the rest had committed the consideration thereof, exceed all his debts by nineteen thousand, one hundreth and twenty pounds Scots money, besides twelve thousand pounds of bad debts which the pursuer did not offer to them, so that, in the event, it might prove an act of justice to his creditors as it would be an act of the greatest favor and compassion to the pursuer if the parliament would be pleased to enable him by their protection to make good his effects for the common benefite of all the persons concerned, and anent the charge given to the said defenders respective in manner aftermentioned to have compeared before the said estates of parliament at a certain day now bygone to answer at the said pursuer's instance in the action and cause foresaid, and to hear and see the benefite of her majesties' protection from the rigour of his said creditors granted to him for such time as should be judged requisite for the effect libelled, conform to the laws and acts of parliament made thereanent and the practise in the like cases, or else to alleadge and give in their reasonable objections why the said protection should not be granted, with certification if they failyied protection would be granted in manner foresaid, as the said summonds and executions thereof in themselves more fully bears. The said Patrick Steel, pursuer, compearing by Sir Archbald Sinclair, advocat, his procurator, who produced in presence of her majesties' high commissioner and the said estates the disposition and assignation abovementioned granted by the said pursuer on the first day of December last bypast, under the provisions therein mentioned, to the abovenamed John Marjoribanks, late baillie of Edinburgh, Robert Watson of Muirhouse, James Gordon, merchant in Edinburgh, and to Alexander Glass, writer to the signet, and John Hamilton, merchant burgess of Edinburgh, for themselves and as trustees and manadgers for their own use and for the use and behove of the haill creditors therein specified, whereof any three of them are by the said disposition and acceptation thereof declared to be a quorum, and failyieing of them or a quorum by decease, to the said haill creditors their heirs, executors or assigneyes according to their respective rights and interests, of all the debts and sums of money, liquors, household furniture, goods, geir, accounts, writs and others whatsomever pertaining and belonging, or any manner of way due to him, and particularly and generally therein mentioned as the samen bears. And also their being a petition given in and presented for the said pursuer, humbly shewing unto her majesties' high commissioner and the said estates of parliament that the pursuer's credit, haveing fallen short in the vacance last when there was no trade and his creditors haveing all at once attaqued him by legal diligences, he was forced, for security of his person, to retire to the sanctuary, but that his grace and the honourable estates of parliament might be satisfied of the petitioner's fair and upright dealing he begged leave to inform that upon the first breaking out of his condition the petitioner conveened his creditors and all of them gave in lists of their debts, and he offered to discover to any committie they should appoint fonds for satisfieing these debts. And accordingly Sir Patrick Home and Mr James Grahame, senior advocat, baillies Marjoribanks and Gordon and Robert Watson of Muirhouse were appointed as a committee to examine his effects, which were found to be twelve thousand, one hundreth and twenty pounds above his debts, besides nine thousand pounds of suspected debts, as is instructed by a stated account written with Robert Watson's hand. And the same being reported to the general meeting, they ordained him to denude himself of his estate and thereby most of them were so fully convinced of the pursuer's honesty that they immediatly signed a supercedere, but it being impossible to satisfie all he was concerned with, some proved refractory, which oblidged the pursuer to retire till they could be brought to a more calm and reasonable temper. The pursuer, as a token of his willingness to satisfie his creditors and in obedience to their sederunt, granted two dispositions of his estate heretable and moveable in favors of the creditors trustees mentioned in the disposition for their common behove, which is all he could do in his present circumstances and all the law requires in the like cases. And seeing the pursuer has made no fraudulent conveyances of his means and estate, but that his misfortunes have happened by loss at sea, cautionrie for persons who became insolvent, by ill debitors and negligence of servants and other accidents incident to the pursuer's imployment and calling, and that in such cases his grace and honourable estates of parliament are in use to interpose their compassion and justice to mitigate and put some stop to the rigour of law which will be a justice done to the pursuer and contribute much to the creditors' behove by recovering the effects disponed, therfore, humbly beseeching his grace and honourable estates of parliament to take the premisses to their serious consideration, and in regaird the pursuer has cited his creditors conform to the act of parliament for preventing the pursuer's utter ruin to grant their protection to him for such a competent time as their wisdomes should think fitt that he may be enabled to follow his trade, make his debts effectual and do every thing that may contribute to the payment and satisfaction of his just creditors, which his confinement hinders him to do to his and their great loss and prejudice, all his business running into confusion by the pursuer's want of liberty to attend it, as the said petition bears. And the haill forenamed defenders, being lawfully cited to this action, oft times called and not compearing, the foresaid summonds and executions thereof, with the calling thereof this day in manner aftermentioned and that no compearance was made for the defenders, together with the disposition abovementioned libelled on, and the petition above written given in for the pursuer and read in plain parliament, being all at length heard, seen and considered by his grace her majesties' high commissioner and the foresaid estates of parliament, and they being therewith well and ripely advised, our soveraign lady the queen's majestie, with advice and consent of the said estates, have granted and hereby grants to the pursuer protection from personal execution for civil debts and payments of sums of money for a full year and day from and after the date hereof, but prejudice of execution upon warrandice of deeds and such prestations as may be done and performed without payment of sums as accords of the law, because all the forenamed persons, defenders and the tutors and curators, if they any have for their interests, being lawfully summoned by several messengers at arms to have compeared at certain dayes now bygone before the said estates of parliament to have answered at the instance of the said pursuer in the foresaid action, with certification as said is, the said summonds, being this day called by a masser at the great door of the parliament house, no compearance was made for the defenders or any of them. In respect whereof and upon adviseing of the said haill process, there was protection granted to the pursuer in manner and for the time foresaid. Extract.