THAT your Petitioner having a Commission from the Good Town of Edinburgh, to be Keeper of their Tolbooth, with all Fees, Emoluments, and Privileges which had been enjoyed by any formerly in that Office, and free of all Burdens what­soever, he has been in Possession of the said Office, by vertue of his Right, and all the Perquisits thereto belonging.

A great part of his Charge being the Receiving and Keeping of Prisoners committed for Crimes, from all places of the Kingdom, Your Petitioner was by necessary Consequence obliged to Maintain and Aliment them, (the Parties themselves being for the most part very poor) and he gave in his Accompts from time to time to the Lords of Treasury, who before the Year 1688 ordered punctual Pay­ment, to be made both of the Aliment and House-dues of such Pri­soners, Excepting what was due for those who were set at Liberty, u­pon the General Indemnity just Publish'd before the Revolution, a­mounting to above four Hundred lib. Sterl: of which, he expected to be re-imbursed by the Government, and what he still hopes will be taken into Consideration.

Your Petitioner has, since the Revolution, continu [...] in the same Office, and till within these 7 Years or thereby, has received several Precepts for the said House-dues, and Aliment jointly to Accompt, from the Lords of Treasury, and upon the Faith thereof, did con­tinue to advance the Aliment of Criminal Prisoners as formerly; But finding that these constant Out-givings did far exhaust all his other Profits, Your Petitioner was not able to support so great a Burden, which gave Occasion to Her Majesty's Advocate, to represent that Matter to the Lords of Privy Council, who were pleased to deter­mine, That the Magistrats of Edinburgh should pay the House-dues of Prisoners Incarcerate for Murder, Theft, and such Crimes, But that both their Aliment and the House-dues of Prisoners on account, and by order of the Government, should be defrayed by the Publick, and recommended Your Petitioner to the Lords of Treasury for that Effect, as the Act it self dated 3 of October 1704 Years at more length bears: But upon a Representation given in by the Good Town, Signify­ing, [Page]That the Government had been in constant Use to make Payment of both these Charges, and that they are so to continue by the late Act of Security, as also, That Sheriffs at Clearing of their Equies are in use to get large Allowance on the account of Publick Prisoners, which demonstrates, That these are a Charge on the Government; there was a stop put to the Sentence, to your Petitioner's great Loss and Disappointment.

There being no further Procedure in this Business since that time, and it being of very Great Moment to your Petitioner, to have some Certainty to depend on, he is necessitate with all Humility, to lay his Case before Your Grace and the Right Honourable the Estates of Parliament, and begs leave to represent,

That his Charge, being a very great Trust, obliges him to find Caution for a greater Value than any other Office in the Kingdom; That it binds him to constant Attendance, and to keep many Ser­vants, for whom he is answerable; That besides, your Petitioner and his Cautioners are obnoxious to the constant Hazard of the E­scape of Prisoners and otherwise, and did actually sustain the Loss of near 300 lib. Sterling by the breaking up the Tolbooth summarly, without any Warrant from the Government, about five Years ago.

All this being considered, your Petitioner is firmly perswaded, That the Fees and Emoluments, belonging to his Office, (of which the Aliment and House-dues of Criminal Prisoners make a great part) will be thought but a suitable Recompense for his Trouble & Charge, especially seeing his Claim is expresly founded on his Pri­vate Right.

Your Petitioner has an entire Confidence, that the Wisdom, Ju­stice, and Goodness of Your Grace and the High Court of Parliament, will fall on some effectual Means, to refound your Petitioner of these Sums, a gr [...] part of which he hath advanced out of his Pocket on the [...] Account, (the laying out whereof has been a very heavy Weight on all his other Business) and if he be not re-imbur­sed, of what is due of bygone Debts, and Provision made for Relief in time coming, he and his numerous Family will be inevitably ruin'd, which will be very hard after so long and Faithful Service. And seeing besides his said Loss at the Revolution, and in manner a­bove-specified, there is Resting to your Petitioner the Sum of 1350 l: Sterl. or thereby. And that at present there are several Criminals in Prison, to be brought to Tryal, who are at the Point of Starving, unless some speedy Remedy be applyed.

May it therefore please Your Grace & the Right Honourable the Estates of Parliament, to determine, who shall be lyable in Payment of the foresaid House-dues and Aliment of Criminal Prisoners, and to lay down some effectual Rule, by which not only the Bygones may be paid up, but Your Petitioner have some Certainty to depend on for Payment of the same in time coming. And your Petitioner shall ever Pray, &c.