Act, 27 December 1694, Edinburgh

Edinburgh the First day of February J^aj vj^c nyntie four years

D1694/2/3

D1694/2/3¹

Act

Act and Remitt Mathew Forsyth and his Spouse

Anent a Petition given in to the Lords of ther majesties privy Councill be poor Mathew Forsyth Cook in Edinburgh and Marion Eliot his Spouse Shewing That quher upon the Eightein day of September J^aj vj^c nyntie ne years the petitioner under Cloud of night were apprehended by the order of Baillie Blackwodd then present baillie in Edinburgh and incarcerat within the Tolbooth of the said burgh (for what cause the petitioners knowes not) and detained therin whill the Eleventh of may J^aj vj^c nyntie two in a most Miserable penurious and starving Conditione he being put in the Iron house and his wyfe in the woman house And the cold of the winter that wes most violent as wes knowen to the saids Lords (They did not see any fire (except a Candle) and dureing all that space they never gott a bed bot Lay on the Cold floor haveing no mean of Subsistance they were necessitat to sell the Cloaths of their backs to mantaine them and all they got on the day was two plack Loaves betwixt them and at the time wher they were apprehended and incarcerat, The toune officers and their accompliches robbed ther house and away took all they could apprehend or gett and left nothing for back bed nor board of all they hade except a pair of great raxes a dropping pan and Some Chists and bedsteads Which they brack and break doun alse their signe and burned ther burges ticket, and took away of their plenishing ready money, meat, drink, and others to the value of Two Thousand punds scots and quhilk the petitioners were prisoners they called the baillies of Edinburgh Craveing to be tryed be them for what they hade to Lay to their Charge Which they refused to doe but turned them over to the saids Lords of privy Councill and ther Lordships wes pleased to turne them to the Lords of Justiciarij And the petitioners haveing called the Lords of Justiciary severall tymes for a tryall they ordained the petitioners to requyre those were the cause of the petitioners Imprisonment by nottar and instrument to insist against the petitioners of if they would not the Lords of Justiciary would put them at libertie and accordingly they did so as the double of the instrument under the hand of John Winzett nottar publict would testifie And upon ther refusall and passing from the petitioners were put at libertie as the extract of their Liberatione Out f the records of the tolbooth of Edinburgh alsoe produced would testifie throw which wrong Imprisonement of their persones and spulzieing of their goods wrongeously they are redacted to such extream povertie that they are unable to persew their Just Cause against the spulziers and way takers of their goods and plenishing unles the saids Lords were pleased to Grant them the benefit of their gratis roll that the Clerks and signet keepers may wryt and signet any letters they have need of gratis And Therfore Humbly Craveing the saids Lords to take the unjustnes of their Imprisonment and Illegallity of the way takeing of their goods to the saids Lords serwus Consideratione and be pleased to grant them the benefite of the gratis roll to the effect abovewritten as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mathow Forsyth an his Spouse with the instrument and extract of their Liberatione They heirby Recomond to the Lords of Sessione to Grant the petitioners the benefite of the gratis roll That Advocats Clerks writters to and keepers of the signet may pass them gratis in the persuit which shall be intented against the away takers, of their goods and plenishing and incaise the said pursuit shall be intented before the Councill ordaines the Clerks of Councill to give out letters at the petitioners instance for citeing of the persones Compleaned upon to appear before the Councill the […] day of […] And Grants warrand for Citeing of witneses.