Act, 23 July 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

At Edinburgh tuesday the tuentie third day of July Jaj vjc nynty and fyve

A1695/7/191

Act

Act Hendry Payne

Anent the petitione given in to the Lords of his Majesties privy Councill by Hendry Payne Shewing that where the said petitioner Hes about fyve years past languished in Continuall imprisonment within this Kingdome and for the most part under Closs confynment whereby his health and Constitutione is not only miserablie decayed but for want of Correspondence with his freinds agents and debitors in England and Ireland where some remains of his ruined fortune still rest he is reduced to the outmost want and without any Hopes but that the said Lords out of the bowels of Christian Charity would put some speedie alteratione to his miserable conditione He being a poor stranger that hes not one relatione or acquaintance in the Kingdome he can reasonablie expect releiff from wherfore the said petitioner humbly Craved That the said Lords in their aboundant mercie the would remove him from that dismal place and the unwholesome state he is in if not by full enlargement or any sort of exile yet that the said Lords would allow him open prisone in some other place as for a short tyme he formerly enjoyed it That He may then endeaver to find furder Cautione of his weill demeaning then his owne personall promise though the petitioner hoped his behaviour hetherto hes not appeared such as to render his word of noe value and therfore he doth presume to give2 the said Lords all the faith of a Christiane That He will noe wayes whatever correspond about or incourage things prejudiciall to the peace of the natione dureing such favorable imprisonement as he hoped the said Lords will allow him doubting not but the King will in some short tyme unbeleive the black Clack Character the said petitioners enemeys have given him and permitt him to share in that Compassione he hes showed to numbers of more active and considerable opposers then he can anywayes be supposed to be as the said petitione bears
The Lords of his majesties privy Councill haveing considered the foresaid petitione given in to them by the said Hendrie Payne They Hereby grant the said petitioner the benefit of open Prisone And appoynts him to be transported from the Castle of Dumbartaine where he now lyes to the Castle of Stirling there to remaine prisoner with the benefitt to walk through the Castle The Governour deputy Governour and other officers and Souldiers being alwayes answerable for his saffe Custodie And Recomends to his Grace the Duke of Queensberrie to cause convoy the said petitioner to the Castle of Stirling under a sufficient guard And ordains the Governour or other officers in Stirling Castle to receive him from them and keep him prisoner in maner foresaid untill furder ordor of Councill.

At Edinburgh tuesday the tuentie third day of July Jaj vjc nynty and fyve

A1695/7/191

Act

Act Hendry Payne

Anent the petitione given in to the Lords of his Majesties privy Councill by Hendry Payne Shewing that where the said petitioner Hes about fyve years past languished in Continuall imprisonment within this Kingdome and for the most part under Closs confynment whereby his health and Constitutione is not only miserablie decayed but for want of Correspondence with his freinds agents and debitors in England and Ireland where some remains of his ruined fortune still rest he is reduced to the outmost want and without any Hopes but that the said Lords out of the bowels of Christian Charity would put some speedie alteratione to his miserable conditione He being a poor stranger that hes not one relatione or acquaintance in the Kingdome he can reasonablie expect releiff from wherfore the said petitioner humbly Craved That the said Lords in their aboundant mercie the would remove him from that dismal place and the unwholesome state he is in if not by full enlargement or any sort of exile yet that the said Lords would allow him open prisone in some other place as for a short tyme he formerly enjoyed it That He may then endeaver to find furder Cautione of his weill demeaning then his owne personall promise though the petitioner hoped his behaviour hetherto hes not appeared such as to render his word of noe value and therfore he doth presume to give2 the said Lords all the faith of a Christiane That He will noe wayes whatever correspond about or incourage things prejudiciall to the peace of the natione dureing such favorable imprisonement as he hoped the said Lords will allow him doubting not but the King will in some short tyme unbeleive the black Clack Character the said petitioners enemeys have given him and permitt him to share in that Compassione he hes showed to numbers of more active and considerable opposers then he can anywayes be supposed to be as the said petitione bears
The Lords of his majesties privy Councill haveing considered the foresaid petitione given in to them by the said Hendrie Payne They Hereby grant the said petitioner the benefit of open Prisone And appoynts him to be transported from the Castle of Dumbartaine where he now lyes to the Castle of Stirling there to remaine prisoner with the benefitt to walk through the Castle The Governour deputy Governour and other officers and Souldiers being alwayes answerable for his saffe Custodie And Recomends to his Grace the Duke of Queensberrie to cause convoy the said petitioner to the Castle of Stirling under a sufficient guard And ordains the Governour or other officers in Stirling Castle to receive him from them and keep him prisoner in maner foresaid untill furder ordor of Councill.

1. NRS, PC1/50, 217-18.

2. The phrase ‘ther Said Lordships’ scored out here.

1. NRS, PC1/50, 217-18.

2. The phrase ‘ther Said Lordships’ scored out here.