4 January 1707

[Petition for John Henry Huguetan and Captain John Aitken, his factor]

Unto his grace her majesties high commissioner and the right honourable the estates of parliament, the petition of John Henry Huguetan and Captain John Aitkine, his factor.

Humblie sheweth,

That being a native of France and Protestant, I retired from my countrey on account of the persecutione.

That being settled at Amsterdam befor the war, I entred in commerce with Mr Bernard, bankier for the court of France, and I, as many other bankiers there, furnished considerable sums for payeing of the French troops in Flanders.

That when this war broke out and the correspondence betwixt France and Holland was interrupted, I had considerable effects in France which I could not draw from thence to Holland, and I did therfor transport my self to Geneva, a neutrall place, but was engadged to pay the French armies in Flanders and Italy, and to advance very great sums to the French in Bavaria.

That when the sums furnished by me in specie amounted to many millions, the thesaury of France pretended not to pay my bills at the value of French money as it was current at the tyme of the advance, but at the tyme the same was after the cryeing up of the Lowis d'ors, from 12 lib. 10 to 15 lib., and in bills, having no ready payment, without consideration of interest for the delay, which in so great a sum made a very extraordinar difference.

That upon these and other reasons, I acquanted a minister of France that I could no longer serve unless justice were done me. Whereupon the envoy of France at Geneva did from Monsieur de Chamilard invite me to come to Paris where I should receive satisfactione in every particular and entreated me in the mean tyme to continue in the payeing of the armies.

That relyeing on these promises I did advance severall millions to the armies in Flanders and Italy and went to Paris, but being arrived there, in place of performance of what had been promised to me, I was put under guard and forced for obtaining my liberty to enter into such contracts and submitt to such conditions as were prescribed to me.

These and many other substantiall hardships put upon me were the cause of my flyeing with the perill of my life a few dayes befor I was to have been arrested of new, but my escape and the causes and effects of it have made such a noise and are so notour I have only touched it as short as I could.

That being now resolved to settle and follow trade, as I have done for about 30 years, I could find no place more lykelie where to improve my fortune than Scotland, by reason of its situatione and naturall advantages for trade, and I intend (God willing) to transport my self and my effects to this kingdome, which, after the experience I have had of the different subjects of commerce and manners of trading in most places of busines in the world, may not only prove ane advantage to me but to many others.

To this end it is necessary for me that I and my airs should be naturalized subjects of this kingdome, and the knowen circumstances of my affairs make it also needfull that I should have a protectione for my persone and estate against my creditors and pretended creditors for debts contracted before my last retreat out of France, which was in Aprile 1705 years, excepting such creditors and debts (if any be contracted) to the subjects of any of her majesties dominions, which I humblie propose not in any sort to prejudge my just and lawfull creditors, but to avoid the dilligence and disquiet to which I must be exposed on account of bills, notes, precepts and contracts extorted from me which circulat and may be industriously put in privat hands to persecute me. Nor should I have given your lordships this trouble (tho it be naturall for any state to protect against ane enemy) if my wrongs were not manifest, and if I did not judge it suteable to the justice and goodnes of the high court of parliament to releeve the distressed, at least so far that I may have a free breathing tyme to convince even my persecutors of the wrongs they have done me and to settle again my affairs, which, in such violent shocks as I have undergone, must needs have been disordered.

May it therfor pleas your grace and the high and honorable the estates of parliament by way of act to naturalize me and my heirs whatsomever subjects of this kingdome in the surest and best forme, and with all priviledges therto belonging; and also to grant protectione to my persone, goods and estate heretable and moveable against such creditors and the effect and diligence on such debts as have been contracted befor my said last retreat from France, which was in Aprile 1705 years, excepting such creditors and debts as have been contracted to any of the subjects of her majesties dominions.

John Aitkine

Edinburgh, December 12 1706

Her majesties high commissioner and the estates of parliament having heard this petition, they delay the consideration of what is therin represented till the first sederunt of parliament on privat business, to be then taken into consideration nixt after the act in favours of the burgh of Dundee.

Seafield, cancellar[ius], I.P.D. p[arliamenti]

Edinburgh, 4th January 1707

Her majesties high commissioner and the estates of parliament having again considered this petition, they, for the better enabling the petitioner to reestablish his affairs and satisfie his just debts, grant protection to his person for seven years. As also grant protection for the space forsaid to the petitioner's goods and estate heretable and movable against diligence at the instance of creditors for such debts as have been contracted before Aprile one thowsand seven hundered and fyve years, excepting such debts as have been contracted to any of the subjects of her majesties dominions, or such debts as have been originally contracted to the subjects of her majesties allies, or which shall be made appear by the creditors before the judge ordinar to have been transferred to them bona fide and for adequat onerous causes before the twelvt of December last, provyding allwise the petitioner reside within this kingdome during the time of the saids protections.

Seafield, cancellar[ius], I.P.D. p[arliamenti]

  1. NAS. PA6/35, 'January 4 1707'. Back
  2. NAS. PA6/35, 'January 4 1707'. Printed copy. Back
  3. Written on rear. Back
  4. NAS. PA6/35 contains a further copy of the above petition. This includes an 'Addittion to the petition, the heretors of Cannongate against the town of Edinburgh', with further reasons why the town should be valued the same as the shire, and 'Reasons for granting the desire of the petition', which states that the valuation of the Canongate is barely a twentieth of that of Edinburgh, yet they are still expected to pay at least the eighth or ninth part of the town of Edinburgh's proportion of the royal burghs' quota of the cess. Includes extract of town's accounts. Back
[Petition of the heritors and tradesmen of the burgh of the Canongate]

Unto his grace James, duke of Queensberry, her majesties high commissioner, and the honourable estates of parliament, the heretors and tradsmen of the burgh of the Cannongate.

Humbly sheweth,

That Cannongate being a burgh of barronie and regalitie long since erected in favours of the baron of Brugtoun, when all the supplies given to the publick were lifted by taxation, conform to the old extent of lands.

The town of Edinburgh, having purchassed the superioritie and right from the barronie of Brughtoun before the valuation of the kingdom was stated, they prevailled that the Cannongate, as a part of their burgal lands, should not be valued with the shire, but should bear a part with them of their proportion of 100 lib. Scots, which is the quota whereby the burrows proportion among themselves the sixt part of the cess of the kingdom.

This we do not grudge, and long after the valuation was stated the town was so tender to us that we only payed according to the valuation of our houses, which was much about the same as if we had been valued and payed with the shire; but of late, though our houses be all valued as theirs and that we pay according to that valuation, yet the sum imposed by them upon us exceeds what arises from the valuation, which we are obliged to impose upon our selves and make up, whereas we partake of no share of their priviledge, having neither liberties of import nor export, nor vending any staple commodities though bought from free burgesses, but only of retail in minut quantities and values, such as packmen do. And though we be called the burgh of Cannongate, the south part thereof be West St John's Cross bears no part of this burthen but gives a separate relief to the town by reason of the supream judicatory being held at Edinburgh and the court at Holyroodhouse. The head quarter of the army is still in the Cannongate, whereby we are put to a great annual charge in quartering of the souldiers and by their taking up inns and their paying no part of our burthen to a daylie prejudice.

For remeid of which, we humbly represent to your grace and honourable estates that since the cesses of Scotland after the union are to be continued and fixed, conform to the present manner of payment, by the valuation that the Canongate may be valued as are the Westport and Potteraw belonging likeways to the town of Edinburgh in the same manner, as supperiours; and that, conform to that valuation, we may know our punctual sum to be payed and not be left to the arbitriment of the annually changed magistrates to height us at their pleasure, whereby the town will be secured and our jealousies and fears removed.

May it therefore please your grace and honourable estates of parliament to remit to the commissioners of supply for the shire of Mid Lothian to value our tenements and yards, and to set down a stated valuation thereof (with regard to necessary reparations, hazards of fire, dead, wast and poor) that, conform to the valuation, we may pay in to the good town for their relief of their proportion of the cess as much as the like valuation pays in the shire.

And your petitioners shall ever pray, etc.

†Edinburgh, 4 January 1707

Her maties high commissioner and the estates of parliament, haveing considered this petitione, ordain the magistrats of the toun of Edinburgh to sie and answer the same against the first day for privat bussenes.

Seafield, cancellar[ius], I.P.D. p[arliamenti]†

  1. NAS. PA6/35, 'January 4 1707'. Back
  2. NAS. PA6/35, 'January 4 1707'. Printed copy. Back
  3. Written on rear. Back
  4. NAS. PA6/35 contains a further copy of the above petition. This includes an 'Addittion to the petition, the heretors of Cannongate against the town of Edinburgh', with further reasons why the town should be valued the same as the shire, and 'Reasons for granting the desire of the petition', which states that the valuation of the Canongate is barely a twentieth of that of Edinburgh, yet they are still expected to pay at least the eighth or ninth part of the town of Edinburgh's proportion of the royal burghs' quota of the cess. Includes extract of town's accounts. Back