Act, 26 January 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh The Tuentie sixth day of January Jaj vjc nyntie tuo years

A1692/1/691

Act

Act and Commission James Mitchell

Anent a petitione given In to the Lords of their Majesties privie Councell Be James Mitchell Indueller in Glasgow now prisoner in Blackness Sheuing That wher the petitioner being Imployed by one Ensigne Rankine to Carrie ane Letter from him from Glasgow to one Captain Hamilton of Grainge And for which he alloued him the ordinary dues But most unjustly did signifie in the said Letter to the Gentleman for whom he addressed the samen to keep the petitioner2 and make him prisoner in the forsaid place quher he hes Lyen these severall weeks bygone in a most pittifull starving conditione And all this hard and Illegall usage This Captain Hamilton hath committed upon the petitioner upon a pretence that the petitioner hath taken on with him to serve as a souldier under his Command in Flanders which is most false and Calumnious And therfore Humblie Craving their Lordships to consider the premises and to take the petitioners condition Into their commiseratione And ordaine the said bussiness to be examined by any persone their Lordships shall think fitt to nominat And ordaine the Governour of the forsaid garrisone to sett the petitioner at Libertie And for that effect to Recommend the examinatione therof to the Magistrats of Glasgow wher the petitioner was most unworthily trapaned and basely cheated as said is And being but a poor man and having noe other way of Living and provyding bread for his poor wyfe and three children but by serving In such Imployment as running of errands for gentlemen as a Comon post which is most aggreable to their Lordships Justice and generositie as the said petitione bears The saids Lords of their Majesties privie Councell Having Considered this petitione Given In to them be the said James Mitchell They heirby appoynte the Governour of the castle of Blackness or in his absence the nixt Commanding officer ther to examine and take tryall of the Grounds of the petitioners Imprisonment and whither he hes voluntarly taken on to be a souldier with the said Ensigne Rankine or if he be trapaned or cheated and forced to that service against his will And for that effect to Call the said Ensigne Rankine before him And to hear both the Ensigne and the petitioner upon the said matter with pouer to the said Governour or In his absence the nixt Commanding officer to sett the petitioner at Liberty if he shall find just And in case of Difficultie to report to the Counsell and to Continow the petitioner prisoner in the mean tyme

At Edinburgh 26 January 1692

A1692/1/691

Act

Act and commission for James Mitchell

Concerning a petition given in to the lords of their majesties’ privy council by James Mitchell, indweller in Glasgow now prisoner in Blackness, showing that where the petitioner being employed by one Ensign Rankin to carry a letter from him from Glasgow to one Captain Hamilton of Grainge, and for which he allowed him the ordinary dues, but most unjustly did signify in the said letter to the gentleman for whom he addressed the same to keep the petitioner, and make him prisoner in the foresaid place where he has lain these several weeks bygone, in a most pitiful starving condition, and all this hard and illegal usage this Captain Hamilton has committed upon the petitioner upon a pretense that the petitioner has taken on with him to serve as a soldier under his command in Flanders, which is most false and calumnious, and therefore humbly craving their lordships to consider the premises and to take the petitioner’s condition into their commiseration, and ordain the said business to be examined by any person their lordships shall think fit to nominate, and ordain the governor of the foresaid garrison to set the petitioner at liberty and for that effect to recommend the examination thereof to the magistrates of Glasgow where the petitioner was most unworthily trapped and basely cheated as said is, and being but a poor man and having no other way of living and providing bread for his poor wife and three children but by serving in such employment as running of errands for gentlemen as a common post, which is most agreeable to their lordships’ justice and generosity as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the said James Mitchell they hereby appoint the governor of the castle of Blackness, or in his absence the next commanding officer there, to examine and take trial of the grounds of the petitioner’s imprisonment and whether he has voluntarily taken on to be a soldier with the said Ensign Rankin or if he be trapped or cheated and forced to that service against his will, and for that effect to call the said Ensign Rankin before him and to hear both the Ensign and the petitioner upon the said matter with power to the said governor, or in his absence the next commanding officer, to set the petitioner at liberty if he shall find just, and in case of difficulty to report to the council and to continue the petitioner prisoner in the meantime.

1. NRS, PC1/47, 597-8.

2. The word ‘prisoner’ scored out here.

1. NRS, PC1/47, 597-8.