Act, 27 December 1694, Edinburgh

Att Edinburgh the threttienth day of March J^aj vi^c nyntie four yeers Ante meridiem

A1694/3/24

A1694/3/24¹

Act

Liberation and Confynment The Earl of Home

Anent the petitione given in to the Lords of their Majesties privie Councill Be Charles Earle of Home Sheuing That wher the petitioner hes Continoued prisoner in the Castle of Edinburgh these Eight or nyne months bypast under many and great Inconveniencies and prejudice to his personall health to his family and privat affairs And that the petitioners Lady is brought to bed tuo months before the tyme and in great hazard of death and his tuo sons daingerously sick so as the worst is apprehended of them And particularly the eldest at the poynt of death all which uere nottorly knouen and appeared by a Certificat produced uith the said petition And may be motives to their Lordships in his case wher they happen togither alse well as in some others wher they have been seperat to obtaine the Liberty of some few weeks to be present with his wyfe and Children at his oune house till he see how God may dispose of them And he is Content to find sufficient Cautione aither to appear when called for in the Comone forme or to Enter himself prisoner at ane Certain day and in the mean tyme to Live peacably And if their Lordships find It necessary to Confyne him to his oune house with a Competent distance about it That he shall Lykewayes keep his Confynment under what penaltie their Lordships shall think fitt to appoint And therfore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of their Majesties privy Councill Having Considered the above petitione given in to them Be Charles Earle of Home with the testificat of a phisician mentioned therin and produced theruith Bearing his Lady to be under a medicinall dyet through sickness tho esteemed to be in her nynth month uith Chyld or neer to it And that four of her children are Indisposed wherof tuo are exceeding sick and one in extream hazard of his Life They Recommend to and requyre the Earle of Leven governour of the Castle of Edinburgh And in his absence Gives ordor and warrand to the deputy Governour or nixt Commanding officer ther to sett the petitioner at Libertie furth therof And the saids Lords doe heirby Confyne the said Earle of Home to his oune house of Hirsle and tuo mylles about the same on this syde of the river of Tueed And discharges him to goe uithout the bounds of his said Confynment In respect the said Earle before extracting heirof Hath Given bond and found sufficient Cautione acted in the books of privie Councill That he shall keep his said Confynment and not goe uithout the bounds of the same And that he shall reenter the Castle of Edinburgh betuixt and the fifteenth day of Apryle nixt to Come And that he shall Live peacably under and uith all submission to the present government of their Majesties King William and Queen Mary nor shall not Act Consult nor Contrive any thing In prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of privie Councill at any tyme if called for betuixt and the said day under the penaltie of ane Thousand pounds sterline In case the said Earle shall transgress in any pairt of the premisses