Act, 21 January 1692 (pm), Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh The Tuenty first day of Janwary Jaj vjc nyntie tuo years Eodem Die post meridiem

A1692/1/551

Act

Liberatione David Madder

Anent a petitione Given In to the Lords of their Majesties privy Councell Be David Madder smith Sheuing That the petitioner being by warrand from the saids Lords at the Countess of Weymes and the Lord Sinclars Instance summarlie Imprisoned in the tolbooth of Edinburgh and a process alloued to be Intented at their Instance Against him which is long since called and remitted to a Committie to examine the witnesses And the petitioner Having made severall tymes applicatione to their Lordships for his Liberatione And last upon the fourteenth of this Instant their Lordships were pleased to add to the Committie tuo more of their number for examining the witnesses peremptorie upon Fryday last And one being receaved and examined his depositions (thogh nothing to the purpose) is but ex auditu A second was justlie casten upon the Lord Sinclars threatning and by his Baillies formerly suearing that witness And as for the other they Cannot be receaved In respect that by their oune oath it can be made appear that the Lord Sinclar legally Instrumented them as pairties which is sufficient in Law to debar any witness from deponing wherof the Lord Sinclar being conscious and that he will never be able to make any thing appear Against the petitioner He hes absented himself and gone over the water And for any thing the petitioner knoues hes deserted the process And the petitioner Humblie represents That he hes Given the Countess of Weymes such satisfactione in this matter as her Ladyship will no more insist in the pursuite And above all the petitioner being willing to find Cautione That he shall not goe off the kingdome nor traffique any manner of way in prejudice of the salt manufactory And therfore Humbly Craving their Lordships In consideratione of the premises and that the petitioner is a valitudinary man and that his wyfe is confyned to her bed by a daingerous sicknes and that his poor familie suffers greatly Besyds his unspeakable Loss otherwayes throw his Imprisonment And that he is Content to find Cautione in manner forsaid to grant the petitioners Liberatione And for that effect Give warrand accordingly as the said petitione Bears The saids Lords of their Majesties privie Councell having Considered this petitione Given in to them Be the above David Madder They heirby Give ordor and warrand to the Magistrats of Edinburgh and Keeper of the tolbooth therof To sett the petitioner at liberty furth of the same In respect he hath Given his oath In presence of one of the Lords of Councell what he Knoues anent the carrying on the work for making of salt in the Kingdome of Sueden And anent any designe for setting up or Carrying on any such work or works and what persones he knoues hes had any hand in setting up or carrying on therof And how farr the samen is advanced And Lykewayes hath found sufficient Cautione acted in the books of privie Councell That he shall never returne to the kingdome of Sueden for prosecuting any such work and that he shall never send nor have hand in the sending any persone or persones to that kingdome for Interprizing prosecuting or advancing any work for making of salt in that kingdome And that under the penaltie of fyve hundreth pounds sterline In caise he shall transgress in any pairt of the premisses

At Edinburgh 21 January 1692, same day (pm)

A1692/1/551

Act

Liberation of David Madder

Concerning a petition given in to the lords of their majesties’ privy council by David Madder smith, showing that the petitioner being by warrant from the said lords at [Margaret] Countess of Wemyss and Lord [Sir Robert] Sinclair’s instance summarily imprisoned in the tolbooth of Edinburgh and a process allowed to be intented at their instance against him which is long since called and remitted to a committee to examine the witnesses, and the petitioner having made several times application to their lordships for his liberation and last upon the fourteenth of this instant their lordships were pleased to add to the committee two more of their number for examining the witnesses peremptory upon Friday last, and one being received and examined his depositions (though nothing to the purpose) is but from hearing, a second was justly cast upon the Lord Sinclair’s threatening and by his baillies formerly swearing that witness, and as for the other they cannot be received in respect that by their own oath it can be made appear that the Lord Sinclair legally instrumented them as parties, which is sufficient in law to debar any witness from deponing, whereof the Lord Sinclair, being conscious and that he will never be able to make anything appear against the petitioner, he has absented himself and gone over the water, and for anything the petitioner knows has deserted the process, and the petitioner humbly represents that he has given the Countess of Wemyss such satisfaction in this matter as her ladyship will no more insist in the pursuit and above all the petitioner being willing to find caution that he shall not go off the kingdom nor traffic any manner of way in prejudice of the salt manufactory, and therefore humbly craving their lordships in consideration of the premises and that the petitioner is a valetudinary man and that his wife is confined to her bed by a dangerous sickness and that his poor family suffers greatly, besides his unspeakable loss otherwise through his imprisonment, and that he is content to find caution in manner foresaid to grant the petitioner’s liberation, and for that effect give warrant accordingly as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above David Madder they hereby give order and warrant to the magistrates of Edinburgh and keeper of the tolbooth thereof, to set the petitioner at liberty furth of the same in respect he has given his oath in presence of one of the lords of council what he knows concerning the carrying on the work for making of salt in the kingdom of Sweden, and concerning any design for setting up or carrying on any such work or works and what persons he knows has had any hand in setting up or carrying on thereof, and how far the same is advanced, and likewise has found sufficient caution acted in the books of privy council that he shall never return to the kingdom of Sweden for prosecuting any such work, and that he shall never send nor have hand in the sending any person or persons to that kingdom for enterprising, prosecuting or advancing any work for making of salt in that kingdom, and that under the penalty of 500 pounds sterling in case he shall transgress in any part of the premises.

1. NRS, PC1/47, 590-1.

1. NRS, PC1/47, 590-1.