Act, 28 December 1693, Edinburgh

Att Edinburgh The Fourteenth day of November J^aj vi^c nyntie three years

A1693/11/21

A1693/11/21¹

Act

Liberatione Donald Clark

Anent the petitione given In to the Lords of their Majesties privie Councell Be Donald Clark, brother German to Archibald Clark of Bralacken Sheuing That albeit ten or Eleven years agoe Mr Duncan Robertsone wryter in Edinburgh then shirreff Clark of Argyle Having bought from umquhile Mathew Andersone in Ardnacroish ane debt of ane Hundred and sixtie pounds scotts or therby alleadged resting be the petitioner and one John Mckellar to the said Andersone did uithout any Citatione obtaine decreit in absence in Andersone the Cedents name And therupon raised Horning and Captione in the Late King Charles his name And of Late renues the same Captione And upon satturnday last caused apprehend and Imprisone the petitioners persone in the tolbooth of Edinburgh most uroungusly For though the debt uere Just as it is not and that the man at whose Instance the Captione is raised uere not dead as trewly he is yet the petitioner being sent hither upon ordinance and Having a Commissione from the Lord Jedburgh for receaving of the troupes pay for clearing of their present quarters That Immediatly they may be divyded and sent to their uinter quarters By the practise of this and all other nationes The petitioner could not be Incarcerat for ane Civill debt tho Just being upon ther Majesties Immediat service as said is as hes been frequently found by their Lordships and lately in the case of Mr Sletzers Especially the petitioners return being necessary and speedily expected And tho after his being apprehended He made Intimatione therof to the said Mr Duncan and to James Gordoune the messenger and therupon took Instruments as the protest produced uith the said petitione Bears yet they Incarcerat his persone as aforsaid Tho He offered sufficient bale for his presentatione Against this teusday to them And for farder disgrace to him and Contempt of authority procured the toune Guaird for their Concurrance And therfore Humbly Craving their Lordships to take the supplicants case Into ther serious Consideratione And ordaine him Instantly to be sett at Liberty free of all expensses and Jaylor Fee In respect of his wroungus Imprisonment He being upon present duty and the Lord Jedburghs troop being Immediatly to be cleared and divyded In ordor to be sent to their uinter quarters which Cannot be done till after his Liberatione and that he Goe ther uith their pay being their Clark as said is As also that their Lordships uould be pleased to punish the said Mr Duncan and the said messenger in their persones and goods as their Lordships shall think fitt And to ordaine their fynes to be payed to the petitioner touards the reparatione of the damnages sustained by him to be a terror to them and others to Committ the lyke abuse in tyme coming and which uill undoubtedly be a Great Encouradgement to souldiers to serve their Majesties And that Conforme to their Lordships dayly practise in the lyke cases as the said petitione Bears The Saids Lords of their Majesties privie Councell Having Considered this petitione given In to them Be the said Donald Clark uith the Instrument mentioned therin and produced theruith They Heirby ordaine the Magistrats Magistrats² of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof He first Giving bond and finding sufficient Cautione acted in the books of privie Councell That He shall Compear before the Lords therof upon the tuenty Eight day of november Instant or otherwayes to make payment to the said Duncan Robertsone of the soumes for which He is Incarcerat at his instance And alloues Mr Duncan Robertsone and the said messenger to see and ansuer the petitione as to the other poynts represented against them betuixt and the same day