Scottish Privy Council Records

Att Edinburgh the Tuentie third day of January J^aj vi^c nyntie four years

A1694/1/36¹

Act

Liberatione Malcolme of Balbedie

Anent the petitione Given In to the Lords of their Majesties privy Councell Be Michaell Malcolme of Ballbedie Sheuing that the petitioner had Continoued prisoner uithin the tolbooth of Edinburgh these seven months bygone wherby not only his health was Greatly Impaired But lykewayes his affairs were fallen in great disordor through the want of the petitioners presence for the manadgement therof Lykeas the petitioner had affairs of very great Importance uith Dam Anna Murray Lady Kinfauns his mother in law as also with Dam Margaret Arnot Lady Balbedie his oune mother who were both daingerously sick and in all probability on death bed as ane testificat theruith produced did declare And seing ther² Conditions uould not allow them to waite upon the petitioner in the tolbooth of Edinburgh wher he was prisoner and that it uould tend very much to the petitioners prejudice and Loss if they or aither of them shall happen to dye befor affairs be adjusted betuixt him and them And therfore Humbly Supplicating to the effect underwryten as the said petitione bears The Lords of their Majesties privy Councell Having Considered the forsaid petitione given in to them be the above Michaell Malcolme uith the Certificat under the hands of a phisitiane and the minister of Perth That the Lady Kinfauns hes by reasone of old age and sickness keeped her chamber closs these fyve years bygone so that she is not able to travell abroad And ane other Certificat under the hands of a phisitian and a Minister and tuo Landed persones Bearing that the Lady Balbedie had been and was exceedingly sick and in Great dainger They heirby Give ordor and warrand to the magistrates of Edinburgh and keeper of their tolbooth³ and keeper of their tolbooth to sett the petitioner at Liberty furth therof In respect he hes Given bond and found sufficient Cautione acted in the books of privy Councell that he shall reenter prisoner within the said tolbooth betuixt and the fifteenth day of February nixt to Come And in the mean tyme that he shall Live peacably under and uith all submissione to the present government of their Majesties King William and Queen Mary And that he shall not Act consult nor Contryve any thing in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear befor the saids Lords of privie Councell if called for betuixt and the said day under the penaltie of five hundreth pounds sterline In caise he shall transgress in any part of the premisses

At Edinburgh 23 January 1694

A1694/1/36¹

Act

Liberation Malcolm of Balbedie

Concerning the petition given in to the lords of their majesties’ privy council by Michael Malcolm of Balbedie, showing that the petitioner has continued prisoner within the tolbooth of Edinburgh these seven months bygone, whereby not only his health was greatly impaired, but likewise his affairs were fallen in great disorder through the want of the petitioner’s presence for the management thereof. Likewise the petitioner had affairs of very great importance with Dame Anna Murray, Lady Kinfauns, his mother-in-law, as also with Dame Margaret Arnott, Lady Balbedie, his own mother, who were both dangerously sick and in all probability on death bed, as a testimony therewith produced did declare. And seeing their conditions would not allow them to wait upon the petitioner in the tolbooth of Edinburgh where he was prisoner, and that it would tend very much to the petitioner’s prejudice and loss if they or either of them shall happen to die before affairs be adjusted between him and them, and therefore humbly supplicating to the effect underwritten, as the said petition bears. The lords of their majesties’ privy council having considered the foresaid petition given in to them by the above Michael Malcolm, with the certificate under the hands of a physician and the minister of Perth that the Lady Kinfauns has by reason of old age and sickness kept her chamber close these five years bygone, so that she is not able to travel abroad, and another certificate under the hands of a physician and a minister and two landed persons bearing that the Lady Balbedie had been and was exceedingly sick and in great danger, they hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth to set the petitioner at liberty forth thereof, in respect he has given bond and found sufficient caution acted in the books of privy council that he shall re-enter prisoner within the said tolbooth between [now] and 15 February next to come, and in the meantime that he shall live peaceably under and with all submission to the present government of their Majesties King William and Queen Mary. And that he shall not act, consult, nor contrive anything in prejudice thereof, nor converse or correspond with any rebels. And that he shall appear before the said lords of privy council if called for between [now] and the said day under the penalty of £500 Sterling in case he shall transgress in any part of the premisses.

1. NRS, PC1/49, 231-2.

2. The word ‘probation’ scored out here.

3. The phrase ‘to the magistrates of Edinburgh and keeper of their tolbooth’ is an insertion.