[A1661/1/75]*[print] [email] [cite] [preceding] [following]
To the lord commissioner his grace, and honourable estates of parliament, the humble supplication of the provost, bailies, council and community of the burgh of Aberdeen.
Shows,
that [James Crichton], viscount of Frendraught being incarcerated within the tolbooth of the said burgh by virtue of letters of caption raised at the instance of Patrick Crichton, for the sum of 6,000 merks Scots money less or more, which is now assigned to Andrew Crichton, burgess of Edinburgh, in respect the said Patrick is fugitive as being an intelligencer to the usurper. And thereafter the said viscount being arrested in ward at the instance of various other persons, his lord's creditors, for considerable sums of money, due to which captions by virtue whereof the said viscount was apprehended and arrested were granted upon his lord's pretended rebellion to the then usurped authority, who in regard thereof, in the month of [...] 1660 did make his escape out of the said tolbooth of Aberdeen, and has ever since been at freedom and liberty by reason there has been no law since whereby his lord might have been compelled to re-enter into ward, the said viscount being both able of himself and willing to satisfy his just debt, and very loathe that the town of Aberdeen should be liable or incur any danger or hazard to pay the same, which was very hard for them to do and against all equity and reason that the said town of Aberdeen should either be liable or let open to any legal pursuit for payment of the said viscount's debt for which he was incarcerated and arrested as said is; especially seeing the said town of Aberdeen did by their commissioner petition the late honourable committee of estates for a warrant to apprehend the said viscount and to incarcerated him in ward again by reason of his escape, which was altogether refused in respect he was only incarcerated as rebel to the late usurper which the said honourable committee of estates accounted and esteemed to be no rebellion at all. Likewise also it pleased your grace and the other lords and members of this present parliament, notwithstanding of the aforesaid pretended rebellion and of all opposition, that your lords' petitioners' commissioner to this present parliament could make against the said viscount for making of his escape and re-entering his person in ward, to receive and admit him to sit and voice as a free member of this present parliament.
May it therefore please your grace and the other lords and estates of parliament, in consideration of the premises and of the said town of Aberdeen's diligence in using of all ordinary means of having the said viscount incarcerated in ward again, to absolve and free the said provost, bailies, council and community of the said burgh of Aberdeen present and to come from any payment of the sums of money for which the said viscount was incarcerated and arrested in ward within the said tolbooth; and to declare them free from any legal pursuit that may or can be intended, moved or pursued against them by the said viscount's creditors for payment of the same sums in all time coming. And your petitioners' shall still pray.
Edinburgh, 18 April 1661
It is the opinion of the lord commissioner and lords of the articles that the magistrates of Aberdeen be declared free from payment of the sums of money above-specified, and from any legal pursuit thereof.
Edinburgh, 19 April 1661
The lord commissioner and estates of parliament approve the report.
[William Cunningham, earl of] Glencairn, chancellor, in the presence of the lords of parliament