Judicial Proceeding, 10 December 1700, Edinburgh

[12 March 1700] Eodem die post Meridiem

A1700/3/10

A1700/3/10¹

Act

Act of Liberation and Protection to the Earle of Seaforth

Anent the Petition Given in to the Lords of his Majesties privy Councill By Kenneth Earle of Seaforth Shewing That the Petitioner having from tyme to tyme given punctuall obedience and Compearance upon all their orders when he presented himself in July 1698 He was Committed prisoner in the Castle of Edinburgh and Thereafter Because I failed to present some of his servants alleadged guilty of a deforcement and Ryot To which their Lordships found him accessory he was fyned and ordained to Remain prisoner untill he Satisfied the Debt Contained in that Decreet, and after a long and patient Submissive to that Sentence though very hurtfull to his Tender health and Constitution these Twenty moneths bygone, And That their was nothing proven against one personally as to the Ryot nor the least act of violence alleadged on his pairt as to the deforcement, nor was it possible for him to present these men, They having before that tyme not only fled out of his family but likeways out of the Kingdom And That when after much Endeavor and paines, he hade so farr Satisfied his Creditors in that Decreet as to obtain their Consent to his being sett att Liberty, He was then accused by O’con the Irish Preist and Remitted to be persued Criminally on that accusation since which tyme he hes been detained prisoner as formerly with the greatest Inconveniencies To his health and affairs that can be thought off having only that advantage by it (²that tyme (as he humbly presumes and the Circumstances of that person may have served to Clear his Innocency which did always secure him from any Farder danger then the Effects of his Imprisonment, And now That it hes pleased his Majesties Advocat To lay so litle Stress upon that accusation as to delay his Insisting against him all this while, which without their Lordships Justice he may still delay to doe, and That with the greatest difficulty and Expence He hes given Satisfaction to these Creditors at whose Instance he was decerned in the deforcement and who Still Consent to his Inlargement. And Therfore Humbly Craving³ their Lordships at Length to put some End to his Sufferings And in Respect of the saids Consents To ordain him to be sett at Liberty according to Law and To Remitt to his Majesties Advocat To determine the tyme and maner of his Enlargement and of their Lordships safe conduct and Protection to his person from Execution for civill debts To such days as may be necessary for his Return to his own house according to their Lordships former Justice and goodness in the like caices as the said Petition bears. The Saids Lords of his majesties privy Councill having considered this petition given in to them by Kenneth Earle of Seaforth, They doe heirby Recomend To the Earle of Leven Constable and Governour of the Castle of Edinburgh, And in his Absence gives order and warrand To the next commanding officer their, To set the Petition at Liberty furth therof, And grants personall protection to the said Petitioner, And discharges all messengers officers or others to doe any personal Execution against him for the Space of Fifteen days next after he shall be liberat and come furth of the the⁴ said Castle, Excepting his Majesties and the publict dues and Rents payable be him, To the Effect he may Return to his own house from whence he came a publick prisoner And discharges the Clerks of Councill To give out any act heirupon but at the Sight and by the Special orders of his Majesties Advocat and the Lord Thesaurer Deput for that Effect. Sic Subscribitur Marchmont Cancellar. Annandale. Tarbat Forbes James Stewart. Adam Cockburne. C Campbell F Montgomrie. G Home. Thereafter upon the Fourth of Aprile Instant The above affair being again Represented to the saids Lords of his Majesties privy Councill and Considered be them, They doe heirby allow and ordaine the above deliverance Interloquitor or act of Councill to be given Furth and Extracted by their Lordships Clerks without furder delay.