Act, 6 October 1697, Edinburgh

Att Edinburgh the Eleventh day of February J^aj vi^c nyntie seven years

A1697/2/22

A1697/2/22¹

Act

Liberation Menzies and Smith

The Lords of his Majesties privy Councill Having Considered the verball report of Sir James Steuart his Majesties Advocat That he Cannot find probation against John Menzies prisoner in the tolbooth of Edinburgh for false Coyne And having Considered a Consent by the said John to goe serve as a Souldier in Flanders And Having Lykewayes Considered the said Lord Advocats report Anent William Smith sent from Forfar for Killing of a Chyld accidentallie That his Lordship Cannot find sufficient probation against him And having Considered the said William his Consent if he be found Innocent to Goe to Flanders to serve ther as a Souldier subscribed by the Lord Advocat and Sir Patrick Home sollicitor In respect the said William has declared he Cannot wryte The Saids Lords of his Majesties privy Councill Doe heirby Give order and warrand to the magistrats of Edinburgh and Keeper of their tolbooth To delyver the said John Menzies and William Smith to Colonell […] Steuart to be Carryed by him abroad as souldiers for his Majesties service in Flanders The saids tuo persons first Enacting themselves in the books of privie Councill That they shall never returne to his Majesties dominions uithout his Majesties or the Councills warrand for that effect The said Lord Advocat first before extracting herof producing to the Clerks of Counsell a testificat under the hands of the Magistrats of Forfar Anent the manner of the Slaughter Committed by the said William Smith uith a note under the Lord Advocats hand Bearing that the testificat does sufficiently Instruct the killing of the said Chyld to be meerly accidentall or Casuall.