Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Tuenty fifth day of June J^aj vj^c nyntie six years

A1696/6/60

A1696/6/60¹

Act

Liberatione The Laird of Lagg

Anent the petition given in to the Lords of his Majesties privie Councill By Sir Robert Greirsone of Lagg Sheuing That wher the petitioner Having been made prisoner upon the third of Aprile Last shortly after his Imprisonment He understood ther was ane Informatione exhibited against him as if he had been guiltie of or accessorie to Clipping or Coyning of money And the noise of this Information Having spread everywher abroad He did Conceave he Could not be free from the scandall of it without a proces and therfore He did not attempt to obtaine his Liberatione But did apply to their Lordships that his Majesties Advocat might be appointed to raise a proces and Give him a tryall which their Lordships were pleased to appoint and therafter to renue the same order prefixing a precise day betuixt and which The Advocat was to Insist and accordingly a Lybell being raised And after some delayes Ther being a full debate and Information upon the Lybell and ansuers ready to be advysed His Majesties Advocat Did declare That not being Instructed uith probatione He uould desert the dyet And tho the petitioner did press all that was possible for him that the tryall might proceed yet he uas overruled in that notuithstanding he was remanded to prisone wher he Still Continoues The petitioner Humblie represents to their Lordships that being Conscious of his Innocencie of the Crymes and qualifications wheruith he was charged He did verie patiently Continow in prisone uithout applying for his Libertie untill the proces should be over But seing He Could obtaine noe more Then that the dyet should be simpliciter deserted He humblie presums that his Libertie is now his right For ther was noe Cause of his Committment exprest And he having receaved ane Indytment for his Life and fortune Law and reasone must presume that anything that Could be Legallie charged against him was Contained in that Indytment which Indytment being now off the field It is reasonable He should be at Libertie For which if he should remaine Longer in prison Ther can be no methode of obtaining ane end of his Imprisonment For suppose a new Information were exhibited against the petitioner and a new tryall appointed And that ther uere a new dyet deserted and the petitioner acquitt He might be subject to the same Inconveniency of a new Imprisonment upon ane other malicious Information and so uithout end And this Inconveniencie may befall any of the Leidges who hath but a malicious enemy and seing Libertie is one of the most valuable enjoyments and that the vindication of his reputation doeth also requyre a speedy Enlargement and therfore humblie craving their Lordships to order the petitioners liberatione that he may be the more at freedome to clear himself of any farder Imputatione or aspersion that hath been since uakned or spread abroad against him which he uill be Carefull to doe in due tyme as the said petition Bears The saids Lords of his Majesties privie Councill Having Considered this petitione Given in to them By the said Sir Robert Greirsone of Lagg They heirby Give order and uarrand to the magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Libertie furth therof In respect he hath Given bond and found sufficient Caution acted in the books of privie Councill That he shall Live peacably under and uith all submission to the present Government of his Majestie King William and that he shall not Act Consult or Correspond uith any rebells And that he shall appear before the Lords of his Majesties privie Counsell whensoever he shall be Called or requyred to that effect under the penaltie of one Thousand pounds sterling In caise he shall transgress in any pairt of the premisses