Act, 22 June 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty Second day off Junij Jaj vjc and nyntie tuo years

A1692/6/841

Act

Liberation Edward Irving of Bonshaw

Anent the petition given in to the Lords of there majestyes privie Councill be Edward Irving of Bonshaw prisoner in the tolbooth of Edinburgh Shewing That where the petitioner hes been prisoner now for the space of three moneths in the tolbooth of Edinburgh for his keeping of ane horse in his stables at mussleburgh which is alleadged wes taen from the Earle of Arguyll’s quartermaister and wes shott at Pinkiedyckes whereunto the petitioner is alleadged to have hade accessione And whereanent the petitioner hes not only been severall tymes examined Bot Lykewayes some other persones whose Declarationes proves nothing againest the petitioner And the petitioner haveing applyed formerly to the saids Lords to be Liberate out of prisone The Earle of Arguyll did then stopt the same till Chisholme his quarter maister And one Lindsay who wes then prisoner in the tolbooth of the Canongate should be tryed by a Councill of warr that thereby It might appear whether the petitioner wes guilty or not And accordingly the said Chisholme and Lyndsay were tryed and are both assoilzied and at freedome And as the petitioner is alse Innocent of what is informed againest him as the chyld unborne So the informatione wes given in by one Major Grayme most maliciously Because the petitioner wes craveing tuelve pound sterling due to him by the said Major And whereof to this hour he hes not payed on farthing and is now gone to Flanders And sieing nothing hes appeared from the tryall of the said Chisholme and Lindsay againest the petitioner And that by the petitioners Long Imprisonement he is not only valetudinarie But also his wyfe and family have been in great dissorder and the mean of there Lyvelyhood perished by the petitioners absence from the same which will at Length turne to there ruine If not prevented by there Lordships goodnes And therefore Humbly craveing that the saids Lords would be graciously pleased to grant warrand to the keeper of the tolbooth of Edinburgh to sett the petitioner at Liberty And he shall God willing (as he hes done formerly) Live peaceablie under there majestyes protectione and that of there present government And as the petitioners Liberation will be ane act of Justice So it will prevent the utter ruine of the petitioners poor wyfe and family The preventing whereof is humbly expected from the saids Lords there goodnes As the said petitione bears The Saids Lords of there majestyes privie Councill Haveing considered this petitione given into them be the above Edward Irving of Bonshaw with a testificat under the subscription of […] Murray Testifyeing and declareing that the above quarter maister to the Earle of Arguylles regiment wes tryed by a Councill of warr and assoilzied with the ansuers given in to this petition in name of the Earle of Arguyll They hereby give order and warrand to the magistrats of Edinburgh and Keeper of there tolbooth to sett at Liberty the said petitioner furth thereof He alwayes befor his Liberatione Inacting and obleidging himself That he shall appear befor the saids Lords of privie Councill, The Lords Commissioners of Justiciarie or any other Judge competent and ansuer to what shall be Laid to his charge in the above matter whensoever he shall be called or cited to that effect under the penalty of Fifty pound sterling By and attour the fulfilling of the sentence to be pronunced againest him If any shall happen to be

At Edinburgh 22 June 1692

A1692/6/841

Act

Liberation for Edward Irving of Bonshaw

Concerning the petition given in to the lords of their majesties’ privy council by Edward Irving of Bonshaw, prisoner in the tolbooth of Edinburgh, shewing that where the petitioner has been prisoner now for three months in the tolbooth of Edinburgh for keeping a horse in his stables at Musselburgh which is alleged was taken from the earl of Argyll’s quartermaster and was shot at Pinkiedykes, whereunto the petitioner is alleged to have had accession and regarding which the petitioner has not only been several times examined but also some other persons whose declarations prove nothing against the petitioner, and the petitioner having applied formerly to the said lords to be freed out of prison, [Archibald Campbell], earl of Argyll then stopped the same till Chisholm his quartermaster and one Lindsay who was then prisoner in the tolbooth of the Canongate should be tried by a council of war so that it might appear whether the petitioner was guilty or not; and accordingly the said Chisholm and Lyndsay were tried and are both absolved and free, and as the petitioner is also innocent of what is informed against him as the child unborn, so the information was given in by one Major Graham most maliciously because the petitioner was craving £12 sterling due to him by the said major and whereof to this hour he has not paid one farthing and is now gone to Flanders, and seeing nothing has appeared from the trial of the said Chisholm and Lindsay against the petitioner and that by the petitioner’s long imprisonement he is not only in poor health but also his wife and family have been in great disorder and the means of their livelihood perished by the petitioner’s absence from the same which will at length turn to their ruin if not prevented by their lordships’ goodness, and therefore humbly craving that the said lords would be graciously pleased to grant warrant to the keeper of the tolbooth of Edinburgh to set the petitioner at liberty and he shall, God willing (as he has done formerly), live peaceably under their majesties’ protection and that of their present government, and as the petitioner’s liberation will be an act of justice, so it will prevent the utter ruin of the petitioner’s poor wife and family, the preventing whereof is humbly expected from the said lords’ goodness, as the said petition bears. The said lords of their majesties’ privy council, having considered this petition given into them by the above Edward Irving of Bonshaw with a certificate under the subscription of […] Murray, testifying and declaring that the above quartermaster to the earl of Argyll’s regiment was tried by a council of war and absolved, with the answers given in to this petition in name of the earl of Argyll, they hereby give order and warrant to the magistrates of Edinburgh and keeper of there tolbooth to sett at liberty the said petitioner, he always before his liberation enacting and obliging himself that he shall appear before the said lords of privy council, the lords commissioners of justiciary or any other judge competent and answer to what shall be laid to his charge in the above matter whenever he shall be called or cited to that effect, under the penalty of £50 sterling, over and above the fulfilling of the sentence to be pronounced against him if any shall happen to be.

1. PC1/48, 286-7.

1. PC1/48, 286-7.