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To his grace James [Douglas], duke of Queensberry, her majesty's high commissioner, and the right honourable the estates of parliament, the petition of George Dundas, merchant in Edinburgh,
Humbly shows,
That I, the said George, having, in order to procure my liberty, cited my creditors, according to the prescription of the act of parliament of 1698 anent protections, his grace her majesty's then high commissioner and the right honourable the estates of parliament did upon 25 August 1704 grant to me a personal protection to the next session of parliament inclusive, and that for the reasons following:
Firstly, that I being creditor to [Patrick Grant of] Bonhard for the principal sum of 25,000 merks with annualrents since Candlemas [2 February] 1700, and likewise engaged as cautioner for him for upwards of £40,000 to his other creditors, who have not only Bonhard's own estate as a fund towards their payment but have also by their diligences affected the said 25,000 merks and annualrents, which is all the stock I had for subsisting myself and my numerous family, so that in effect the distress I lie under is not for my own proper debt but only for the said cautionary, in order to the satisfaction whereof the said 25,000 merks due by Bonhard to myself is exposed, as well as the remaining value of his estate.
Secondly, that Bonhard, the common debtor, being at liberty and in possession of the estate by virtue of a tack set to him by the lords of session for the benefit of all his creditors, it is with all submission humbly conceived that I, who am only cautioner for him, should have personal freedom, seeing my whole fortune is in his hands and is to be applied towards the satisfaction of my said cautionaries as said is
Thirdly, Bonhard's creditors to whom I am engaged as cautioner, being conscious to themselves that personal execution against me could be of no import but rather obstruct their payment, by hindering me to follow any employment and from looking after the application of Bonhard's estate for the satisfaction of his debts, the most part of them did consent to the said protection, as their consent in process does testify.
And seeing Bonhard's affairs are not yet brought to a period by the ranking and sale of his estate depending before the lords of session at the instance of his creditors, albeit they use all possible diligence for that effect, and the aforesaid reasons, which, in that session of parliament, did prevail for granting a protection to the then next session of parliament, are humbly hoped to be more prevalent now with your grace and lordships, to grant a continuation of the said protection, they having still that same force which they had formerly, nothing having since occurred to alter them, that so your petitioner may be still in a capacity to attend the finishing of the said ranking and sale for payment of the said debts.
May it therefore please your grace and the right honourable the estates of parliament to continue and renew the aforesaid protection until your grace and lordships shall be pleased to recall the same, or for such a certain time as you shall think fit, especially seeing I am willing to convey to the said creditors the aforesaid principal sum of 25,000 merks and annualrents thereof for their further satisfaction.
And your petitioner shall every pray, etc.
George Dundas
†Edinburgh, 7 March 1707
Her majesty's high commissioner and the estates of parliament, having heard this petition, they renew and continue to the petitioner the personal protection granted in his favour in the year 1704 against the persons and in the terms therein mentioned, for the space of seven years after the date hereof, the petitioner always subscribing and giving in to the lord register a disposition to the subject mentioned within in the terms of the petitions above. Extracted.
[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament