Act, 24 November 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh The Twenty fourth day of November Jaj vjc nynty and Eight years

A1698/11/241

Act

Act Liberating John Cowie

Anent the petition Given in To the Lords of his majesties privie Councill By John Cowie merchant In Aberdeen Shewing That where upon The Twenty second day of the moneth called June Last bypast The petitioner was desyred to appear before John Allandes ane of the Bailies of Aberdeen who signified to the petitioner That it was the desire of the Councill of the Said Burgh, That he should comitt the petitioner to prison as being a Traficking papist, To which The Petitioner Replyed That seeing he neither is nor ever was a papist much Less a trafecking one (whose Character is supposed to be one who Endeavours to proselyte others to the Romish faith) That Therfore in Equity he ought before Committing him to prison, to adduce witnesses for proving him to be such. unto which he Responded That he was not to Reason that Affair with the petitioner But Referred him to argue That point with the Councill of Aberdeen By whose authority he alleadged to have proceeded and then Instantly ordered the petitioner to prison (albeit he then proffered to find sufficient Security to Appear before them any day the Counsill of Aberdeen should prefix) He was therafter detained prisoner within the Tolbooth of Aberdeen Twenty Two days and then (upon the account of his contracting a Dangerous fever) was Released from prison upon granting security to Represent himself to the magistrats of the said Burgh when Required by them. about Three days therafter a partie of foot soulderis having by their Lordships order come to Aberdeen for conducting him with other Two prisoners to the tolbooth of Edinburgh. The Petitioner was by the saids magistrats Committed prisoner to the Commander of the said pairty who Inarcerat the petitioner within the tolbooth of Edinburgh where now he hes been detained prisoner since the Twenty Third of the moneth called July Last bypast And now The Petitioner desyres Liberty to Represent That seing he is willing to answer any who shall accuse him being Intirely Innocent of what was groundlessly alledged against him, It seems very hard that he should be detained Here in prison where he is Extreamly Indisposed both in his Sight hearing and health and otherways Impaired by reason of his being brought heire before he was Recovered of his Fever Albeit he proffered To Find sufficient security To appear before them within a fortnight thereafter. And Therfore Humbly craving The Kings Commissioner and the Lords of the Kings privie Councill To Call him before them (or a Committee appointed by them) To Examine if he was such as was misrepresented to be, And if found Innocent That they wold be pleased To order his Liberation seing his Circumstances are such That he is not Capable to maintain himself in prison, And in caice They Judged fitt to Continue him in prison, They would be pleased to take The petitioners sadd Condition To their serious Consideration by Allowing him some necessar subsistence for the tyme He hes been in prison and in tyme Coming, Seing none of his accusers appears against him, so that he knows not of whom to seek aliment unless they be pleased to modifie him some suiteable sustenance as the said petition in it self att more Length Bears. Which Petition being upon the fifteenth day of november Instant Read In presence of the saids Lords They nominated and appointed a Committie, To Examine the petitioner anent the causes of his Imprisonment and upon such pertinent Interrogators as their Lordships should Find Convenient. Which Committee having accordingly Meet upon the Sixteenth of the said moneth and year. They Examined the said petitioner in the termes of the above Interloquitor And Sir James Stewart his Majesties Advocate having made a verbal Report to the Councill anent the above petitioner and petition The saids Lords having Considered the said verball Report, They have Confyned and heirby Confynes The said petitioner to his syde of the River of Tay, And gives order and warrant to the magistrats of Edinburgh and Keeper of their Tolbooth To sett the petitioner att Liberty Furth thereof, In Respect he hath given Bond, and Fund sufficient Caution acted in the Books of privy Councill That he shall Remain Confyned on this Syde of the River of Tay. And shall not depairt to the other side thereof, under the pain of Five hundered merks by and attour fulfilling of the premisis. And The saids Lords of his Majesties privy Councill By there Interloquitor of the date the Twenty First of February Jaj vic nynty nyne years upon a new petition given in by the said John Cowie Have declared him to be free from and without payment of any house dues, And Recomends the Master of the Tolbooth of Edinburgh To the Lords Commissioners of his Majesties Thesaury for payment to him of the petitioners house dues from the tyme of his Imprisonment untill his Liberatione.

Att Edinburgh The Twenty fourth day of November Jaj vjc nynty and Eight years

A1698/11/241

Act

Act Liberating John Cowie

Anent the petition Given in To the Lords of his majesties privie Councill By John Cowie merchant In Aberdeen Shewing That where upon The Twenty second day of the moneth called June Last bypast The petitioner was desyred to appear before John Allandes ane of the Bailies of Aberdeen who signified to the petitioner That it was the desire of the Councill of the Said Burgh, That he should comitt the petitioner to prison as being a Traficking papist, To which The Petitioner Replyed That seeing he neither is nor ever was a papist much Less a trafecking one (whose Character is supposed to be one who Endeavours to proselyte others to the Romish faith) That Therfore in Equity he ought before Committing him to prison, to adduce witnesses for proving him to be such. unto which he Responded That he was not to Reason that Affair with the petitioner But Referred him to argue That point with the Councill of Aberdeen By whose authority he alleadged to have proceeded and then Instantly ordered the petitioner to prison (albeit he then proffered to find sufficient Security to Appear before them any day the Counsill of Aberdeen should prefix) He was therafter detained prisoner within the Tolbooth of Aberdeen Twenty Two days and then (upon the account of his contracting a Dangerous fever) was Released from prison upon granting security to Represent himself to the magistrats of the said Burgh when Required by them. about Three days therafter a partie of foot soulderis having by their Lordships order come to Aberdeen for conducting him with other Two prisoners to the tolbooth of Edinburgh. The Petitioner was by the saids magistrats Committed prisoner to the Commander of the said pairty who Inarcerat the petitioner within the tolbooth of Edinburgh where now he hes been detained prisoner since the Twenty Third of the moneth called July Last bypast And now The Petitioner desyres Liberty to Represent That seing he is willing to answer any who shall accuse him being Intirely Innocent of what was groundlessly alledged against him, It seems very hard that he should be detained Here in prison where he is Extreamly Indisposed both in his Sight hearing and health and otherways Impaired by reason of his being brought heire before he was Recovered of his Fever Albeit he proffered To Find sufficient security To appear before them within a fortnight thereafter. And Therfore Humbly craving The Kings Commissioner and the Lords of the Kings privie Councill To Call him before them (or a Committee appointed by them) To Examine if he was such as was misrepresented to be, And if found Innocent That they wold be pleased To order his Liberation seing his Circumstances are such That he is not Capable to maintain himself in prison, And in caice They Judged fitt to Continue him in prison, They would be pleased to take The petitioners sadd Condition To their serious Consideration by Allowing him some necessar subsistence for the tyme He hes been in prison and in tyme Coming, Seing none of his accusers appears against him, so that he knows not of whom to seek aliment unless they be pleased to modifie him some suiteable sustenance as the said petition in it self att more Length Bears. Which Petition being upon the fifteenth day of november Instant Read In presence of the saids Lords They nominated and appointed a Committie, To Examine the petitioner anent the causes of his Imprisonment and upon such pertinent Interrogators as their Lordships should Find Convenient. Which Committee having accordingly Meet upon the Sixteenth of the said moneth and year. They Examined the said petitioner in the termes of the above Interloquitor And Sir James Stewart his Majesties Advocate having made a verbal Report to the Councill anent the above petitioner and petition The saids Lords having Considered the said verball Report, They have Confyned and heirby Confynes The said petitioner to his syde of the River of Tay, And gives order and warrant to the magistrats of Edinburgh and Keeper of their Tolbooth To sett the petitioner att Liberty Furth thereof, In Respect he hath given Bond, and Fund sufficient Caution acted in the Books of privy Councill That he shall Remain Confyned on this Syde of the River of Tay. And shall not depairt to the other side thereof, under the pain of Five hundered merks by and attour fulfilling of the premisis. And The saids Lords of his Majesties privy Councill By there Interloquitor of the date the Twenty First of February Jaj vic nynty nyne years upon a new petition given in by the said John Cowie Have declared him to be free from and without payment of any house dues, And Recomends the Master of the Tolbooth of Edinburgh To the Lords Commissioners of his Majesties Thesaury for payment to him of the petitioners house dues from the tyme of his Imprisonment untill his Liberatione.

1. NRS, PC1/51, 494-5.

1. NRS, PC1/51, 494-5.