Warrant, 31 December 1695, Edinburgh

At Edinburgh weddensday the 10th Apryll 1695

A1695/4/13

A1695/4/13¹

Act

Act Byres of Coats

Anent the petitione given in to the Lords of his majesties privy Councill by John Byres of Coats Shewing That the said petitioner being apprehended in England in the moneth of July last bypast and shortly therafter sent doune prisoner by sea to Scotland upon suspisione of haveing been in France, etc He hath ever since been keept prisoner in the tolbooth of Edinburgh to the very great prejudice of his private fortune and of his owne health and the petitioner is justly apprehensive That the inconveniencies which he is inevitablie lyable to from his said confynement may in all probability in a very short tyme indanger his lyfe for the want of the benefite of the free aire etc and seing the said petitioner was alwayes willing and readie to have clear’d himself as to anything that could have been laid to his charge in case he had been indicted and put to a legall tryalle before this tyme and that his imprisonment if continowed for any longer tyme may in all probabilitie occasione his death And therfore humblie Craveing the said Lords to take the premisses to their serious consideratione and to ordaine the said petitioner to be set at libertie upon his finding Cautione to appear before the said Lords when called or otherwayes to reenter to prisone at any particular day their Lordships shall think fitt to appoynt as the said petitione bears.
The Lords of his majesties privy Councill haveing considered the foresaid petitione given in to them by the said John Byres of Coats They hereby refuise to set the said petitioner at liberty But leaves to his electione whether he should be removed to the Castle of Stirline or the Castle of Blackness and Recomends to Sir Thomas Livingstoune Commander in Cheiff of his majesties forces within this Kingdome to cause convoy the said petitioner to either of the said Castles as he shall make electione under a sufficient guard And ordaines the magistrats of Edinburgh to delyver the petitioner to the Guard and the Commanding officer of either of the said Castles to receive and detaine the petitioner therein till farder ordor and in case the petitioner shall not make his electione appoynts him to continow where he is.