Warrant, 31 December 1695, Edinburgh

Att Holyruidhouse Thursday 16 May 1695

D1695/5/3¹

Act

Act Sir Patrick Hepburn

Anent the petition given in to his majesties high Commissioner and the Lords of privy Councill be Sir Patrick Hepburne of Blackcastle Shewing That wher James Brown Chirurgeon hath lately incarcerat the petitioner within the Tolbooth of Edinburgh be vertue of letters of Captione at his instance for the petitioners alledged not Warranding and his wifes not ratifieing of ane disposition made by the petitioner to him most unjustly specto mandato of the Lords of Sessione In so farr as when the petitioner was apprehended upon the twentie sixth of Aprill Last, The petitioner hade ane sist of executione upon ane bill of suspensione and Which the petitioner produced and duely intimat to the said James Brown and his messengers when the petitioner was attacqued as the samen and instrument of Intimatione therwith produced bears, Notwithstanding quherof the said James Brown did cause incarcerat the petitioner in plaine contempt of the authoritie of the Lords of Sessione who not being sitting at present Cannot redress the petitioners injury nor vindicat their oun authoritie swa Contemned as said is, albeit thrie of ther oun number to whom the petitioner applyed be suficiently Convinced therof But Recomended the petitioner to apply to your Lordships as the only proper Judicatur now Sitting for that effect And Therfore Humbly Craveing the saids Lords To ordaine him to be sett at Liberty In Respect of the said unwarrantable incarceratione without Cautione or Consignatione as the petition bears His Majesties high Commissioner and the Lords of his majesties privy Councill Doe heirby Give order and Warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett the petitioner at Liberty furth therof In Respect he hath given bond and found suficient Cautione acted in the books of privy Councill That he shall appear before the saids Lords upon the twentie thrid day of May instant and incase he be not called the said day then that he shall appear each Councill day therafter untill to be Called and the Cause Discussed, and incase he shall faill in any part of the premisses then that the Cautioner shall be bound and obleist to satisfie fullfill and personne the Charge given by the said James Brown to the said petitioner and grounds therof And in the mean time allowes the said James Brown to see and answer the petition against the day forsaid.