Act, 6 October 1697, Edinburgh

Att Edinburgh the Fourteenth day of December J^aj vi^c nyntie seven years

A1697/12/37

A1697/12/37¹

Act

Liberation Leivtenant Chisholme

Anent the petition given in to the Lords of his Majesties privie Councell By Leivtennant Chisholme Sheuing That the petitioner Hath represented by former petitiones how he was formarly Imprisoned now for the space of ten months For not finding Caution to appear before the Court Martiall att the horse guairds at Whytehall And having then offered such Caution as he uas able to find the same was rejected and he still Lays in this noisome prisone wherin his health hath been much Impaired and the petitioner his wyfe and family reduced to the greatest extremity altho he uas aluayes and still is uilling to doe all in his pouer to satisfie those that pretend any Claime against him and uill undoubtedly be able to Clear himself of any thing that Can be Charged upon him And seing that the petitioners Imprisonment Can noe uayes Contribute to the obtaining of what is pretended against him And that he is ready to Give all the security In his pouer for that effect And because the petitioner Cannot find bale He is uilling to Inact himself under the highest Certifications that can be demanded To Ansuer all that is Charged against him And therfore Humblie Craving their Lordships to Consider the petitionres case and upon his Inacting himself In a place of Caution which In truth he Cannot find to order him to be sett at Libertie without Fees Having nothing to pay the Good man of the tolbooth or his servants as the said petition bears The Saids Lords of his Majesties privie Councell Having Considered this petition given in to them by The said Leivtennant Chisholme and ansuers therto By The Lady Graden They doe heirby Give order and warrand to The Magistrats of Edinburgh and Keeper of their tolbooth To Sett the petitioner at Libertie furth therof In respect the petitioner before extracting heirof Hath Inacted himself in the books of his Majesties privie Councell That he shall hold Compt and make payment to the said Lady Graden of what shall be found due by him to her of the money belonging and payable to the Deceast Leivtennant Colonell […] Home her son And hath Given bond and found […] Chisholme of Fairhope his father as Cautioner therin That he shall not depairt furth of this kingdome without Libertie of The King or his privie Councell untill he Clear and Compt uith the said Lady under the penaltie of ane Hundreth pounds Sterling By and att our performance of the premisses.