Act, 11 February 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh The Eleaventh day of February Jaj vjc and Nyntie tuo years

A1692/2/591

Act

Act Liberation Richard Gunne to Captain Hay

Anent the petitione Given in to the Lords of there majesties privie Counsell be Richard Gunne prisoner within the tolbooth of Edinburgh Shewing That where the petitioner haveing been apprehended in Glasgow with the deceist John Murray And being accused befor the Lords of Justiciarie as being Guiltie of the Cryme of Coyneing false money And probation being adduced against the petitioner The same did nowayes prove that he hade any accession to or wes Guiltie of the forsaid cryme And now In regaird that the petitioner hath now Lyen in the the said tolbooth for a Considerable space bygone is now unable to abyde his Condition and his poor wyfes and childrens being so miserable does reallie deserve the Charity of all good Christians for keeping the petitioners wyfe and Children from a starveing conditione And the petitioner being Informed that he is Gifted to some of the officers to goe abroad and serve which will render the Condition of His wyfe and Children without all exceptione so despicable as it will depryve her of the mean of her subsistence and Lyvelyhood in tyme comeing being a poor woman not able to act any thing for her oune self And therefore Craveing that the Lords would be pleased to Consider the poor case of the petitioners which merits Compassion Considering badd Circumstances he is in by his and his wyfes being in a most miserable Condition And to ordain the petitioner to be sett at Libertie upon whatever Conditiones there Lordships pleases And to discharge any officers from medleing with the petitioner who prostrats himself to the Clemencie of there Lordships as the said petitione bears The saids Lords of there Majesties privie Counsell haveing Considered this petitione Given in to them be the above Richard Guine They hereby Give order and warrand to the Magistrats of Edinburgh and keeper of there tolbooth to delyver the petitioner to Captain Hay one of the Captains of the Lord Angus his regiment of foot to be by him transported to Flanders as a souldier in the said regiment for there Majesties service there And that In respect the Lords Commissioners of Justicarie have Informed the Lords of Counsell that the punishment which can be Inflicted againest the petitioner for the above Cryme so farr as the same is proven against him will extend no further then to ane sentence of Banishment And appoints the said sentence of Banishment to be pronounced be the saids Lords Commissioners of Justiciarie againest the petitioner before he be delyvered to the said Captain Hay

At Edinburgh 11 February 1692

A1692/2/591

Act

Act liberation [of] Richard Gunn to Captain Hay

Concerning the petition given in to the lords of their majesties’ privy council by Richard Gunn, prisoner within the tolbooth of Edinburgh, showing that where the petitioner having been apprehended in Glasgow with the deceased John Murray and being accused before the lords of justiciary as being guilty of the crime of coining false money and probation being adduced against the petitioner, the same did nowise prove that he had any accession to or was guilty of the foresaid crime, and now in regard that the petitioner has now lying in the said tolbooth for a considerable space bygone [and] is now unable to abide his condition and his poor wife’s and children’s being so miserable does really deserve the charity of all good Christians for keeping the petitioner’s wife and children from a starving condition. And the petitioner being informed that he is gifted to some of the officers to go abroad and serve which will render the condition of his wife and children without all exception so despicable as it will deprive her of the means of her subsistence and livelihood in time coming, being a poor woman not able to act anything for her own self, and therefore craving that the lords would be pleased to consider the poor case of the petitioner which merits compassion considering [the] bad circumstances he is in by his and his wife’s being in a most miserable condition, and to ordain the petitioner to be set at liberty upon whatever conditions their lordships please and to discharge any officers from meddling with the petitioner who prostrates himself to the clemency of their lordships as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Richard Gunn they hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth to deliver the petitioner to Captain Hay, one of the captains of [James Douglas] the Lord Angus his regiment of foot, to be by him transported to Flanders as a soldier in the said regiment for their majesties’ service there, and that in respect the lord commissioners of justiciary have informed the lords of council that the punishment which can be inflicted against the petitioner for the above crimes so far as the same is proven against him will extend no further then to a sentence of banishment, and appoints the said sentence of banishment to be pronounced by the said lord commissioners of justiciary against the petitioner before he be delivered to the said Captain Hay.

1. PC1/48, 40-1.

1. PC1/48, 40-1.