Act, 28 December 1703, Edinburgh

Att Holyruidhouse the Fifteinth day of September J^aj vij^c and thrie years

A1703/9/7

A1703/9/7¹

Act

[Liberation John Murray]

Anent the petition given in to his Grace her Majesties high Commissioner and Lords of her Majesties privy Councill by John Murray brother german to Charles Murray of Barnhurry Shewing That the petitioner in a process pursued against him before the Lords Commissioners of Justiciary at the Instance of Adam Craik of Ardbiggland being fyned in the Soume of Twelve hundred merks wherof nyne to be payed to the pursuer and thrie to her Majesties use and ordained to Lye thrie moneths in prison and to find Caution to keep the peace and for that effect to enact himself in the books of adjurnall under the pain of One hundred pounds Sterling The petitioner haveing satisfied the pursuer, And Likewayes Found Caution to keep the peace as is fully instructed by the declarationes produced Wherby the pursuer does express his being fully Satisfied with the petitioner and how Sorrie he is for the petitioners present Calamity and misfortune, And the petitioner being a young man of no Stock Bot who by his industrie and Credit in Traficqueing with Merchandize provided a very honest Subsistance to himself Which he would be altogither deprived of if the petitioner was continued under his present Circumstances, And the saids Lords being in use to mittigate and even to Change sentances of the Lords of Justiciary especiallie wher no privat partie was prejudged Bot their intrest fully satisfied as in this caice, and that it will be no benefitt to the publict that the petitioner be ruined by continueing in prison nor was it in his power tho all the substance he hade in the world were rouped to satisfie the thrie hundred merks appointed to be payed to her Majestie which he humbly conceived was raither ad terrorum then upon any prospect that it could ever be payed And Therfore humbly Craveing his Grace and the saids Lords in Consideration of the premisses And that the petitioner hade been already a moneth in prison and that the Lords of Justiciary would concurr in the premisses to appoint the petitioner to be Sett at Libertie furth of the Tolbooth of Edinburgh, And to Recommend to the Lords of her Majesties thesaury to discharge and declare the petitioner free of the forsaid thrie hundred merks appointed to be payed to her Majestie in Consideration of his hard Circumstances as the petition bears; His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by John Murray brother german to Charles Murray of Burnehurrie and the same with ane Consent of Liberation under the hands of James Campbell younger of Arkindlas and Captain Robert Johnstoune Late provost of Dumfrees in name and behalf of Adam Craik of Ardbigland their brother in Law, being Read in their presence His Grace and the saids Lords Doe hereby Declare the petitioner free of the rest of the thrie moneths time he was by the Sentence of Justiciary appointed to Lye in prison and gives order and warrand to the Magistrates of Edinburgh and keeper of their Tolbooth instantly to sett the petitioner at Libertie furth therof upon his payment of the house dues, And Recommends him to the Lords Commissioners of her Majesties thesaury to discharge him therof, And Declare him free from all payment of the thrie hundred merks of fyne appointed by the said Sentence of the Lords of Justiciary In Regaird before extracting hereof hath produced ane Testificat under the hand of James Baird, That he hath enacted himself in the books of Adjournall to keep the peace in the termes and under the penalty mentioned in the said Sentence of the Lords of Justiciary.