Act, 29 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty Nynth day off March Jaj vjc and Nyntie tuo years

A1692/3/551

Act

Liberatione for The Earle of Perth

Anent the petitione Given in to the Lords of there majesties privie Councill be Mary Countess of Perth Shewing that the Earle of Pearth the petitioners2 husband is at present exceedingly Indisposed in his health and much worse within these Fyve or six weeks bygone then he hath been formerly And it being the opinione of his phisicians now as before that nothing will contribute to the recovery of his health but a free air and the Liberty of exercise as by a testificate subscryved with there hands upon Consciences and produced with the said petitione hes appeared And therefore Humbly craveing that there Lordships would be pleased to order the Earle of Perth to be sett at Liberty out of the castle of Stirling and to continow in freedome till his Majestyes pleasure be knowen At least till the saids Lords order him to reenter and sufficient baill shall be given for his entrie as the saids Lords shall direct As the said petitione bears The saids Lords of there Majestyes privie Councill haveing considered this petitione with a testificate of the Earle of Pearth his Indispositione under the hand of Mr George Murray Docter of medicine and Bailzie John Harlaw chirurgeon They hereby give order and warrand to Captain John Erskine Leivetennent governour of the castle of Stirling and in his absence the next commanding officer there to sett the said Earle at Liberty Furth of the said castle He first procureing bond by sufficient persones acted in the books of privie Counsell befor his Liberatione that he shall Live peaceably under the government of there Majestyes King William and Queen Mary And that he shall not act consult or contryve anything in prejudice thereoff And that he shall reenter himself prisoner in the said Castle of Stirling betuixt and the tuentyeth day of Julij next or sooner if he be requyred And that he shall not depairt furth of his kingdome in the mean tyme under the penaltie of Fyve thousand pounds sterling In case the said Earle shall Contraveen any of the heids forsaids And appoints the said Earle to use his outmost endeavours for procureing the Earle of Wigtoun and his brother to be brought home from France to there oune habitationes in this kingdome with all expeditione And also the said Earle befor his Liberatione procureing bond by sufficient persones acted in the books of privie Councill to refound to the Countess off Crawfurd the soume off Three Hundred pounds Sterling to be payed in be her to his Lordship for defrayeing the expenses of the Earle of Wigtoun and his Brother and of a persone to be sent by the Earle of Pearth in to France for bringing hom the said Earle off Wigtoun and his brother and of the above rent of the said three hundreth pounds sterling from the tyme the same shall be delyvered to the said Earle of Perth If the said Earle of Wigtoun and his brother be not brought home and delyvered aither to one of the secretaryes of state for this kingdome at London or to the privie Counsell thereof att Edinburgh and that betuixt and the said tuenty day of Jullij next to come And ordaines the said Captain Erskine or in his absence the next Comanding officer to the Castell of Stirling to receave againe the said Earle of Pearth prisoner into the forsaid castle at the said tuentieth day of Jullij sic subscribitur Tweeddale cancel: Jpd: Douglas Linlithgow Lothiane Raith3 John Lauder Archibald Murray Ludovick Grantt Pattrick Murray

At Edinburgh 29 March 1692

A1692/3/551

Act

Liberation for the earl of Perth

Concerning the petition given in to the lords of their majesties’ privy council by Mary, countess of Perth, showing that the earl of Perth the petitioner’s husband is at present exceedingly indisposed in his health and much worse within these five or six weeks bygone than he has been formerly, and it being the opinion of his physicians now as before that nothing will contribute to the recovery of his health but a free air and the liberty of exercise as by a certificate subscribed with their hands upon conscience and produced with the said petition has appeared, and therefore humbly craving that their lordships would be pleased to order the earl of Perth to be set at liberty out of the castle of Stirling and to continue in freedom till his majesty’s pleasure be known, at least till the said lords order him to re-enter, and sufficient bail shall be given for his entry as the said lords shall direct, as the said petition bears. The said lords of their majesties’ privy council having considered this petition with a certificate of the earl of Perth’s indisposition under the hand of Mr George Murray, doctor of medicine and bailie John Harlaw surgeon, they hereby give order and warrant to Captain John Erskine, lieutenant governor of the castle of Stirling and in his absence the next commanding officer there, to set the said earl at liberty furth of the said castle, he first procuring bond by sufficient persons acted in the books of privy council before his liberation that he shall live peaceably under the government of their majesties King William and Queen Mary, and that he shall not act, consult or contrive anything in prejudice thereof, and that he shall re-enter himself prisoner in the said Castle of Stirling before the twentieth day of July next or sooner if he be required, and that he shall not depart furth of this kingdom in the meantime under the penalty of five thousand pounds sterling, in case the said earl shall contravene any of the heads foresaid, and appoints the said earl to use his utmost endeavours for procuring [John Fleming] earl of Wigtown and his brother to be brought home from France to their own habitations in this kingdom with all expedition, and also the said earl before his liberation procuring bond by sufficient persons acted in the books of privy council to refund to the countess of Crawford the sum of three hundred pounds sterling to be paid in by her to his lordship for defraying the expenses of the earl of Wigtown and his brother and of a person to be sent by the earl of Perth in to France for bringing home the said earl of Wigtown and his brother and of the above rent of the said three hundred pounds sterling from the time the same shall be delivered to the said earl of Perth if the said earl of Wigtown and his brother be not brought home and delivered either to one of the secretaries of state for this kingdom at London or to the privy council thereof at Edinburgh and that before the said twentieth day of July next to come, and ordains the said Captain Erskine or in his absence the next commanding officer to the Castle of Stirling to receive again the said earl of Perth prisoner into the foresaid castle at the said twentieth day of July; subscribed Tweeddale chancellor: in presence of: Douglas, Linlithgow, Lothian, Raith, John Lauder, Archibald Murray, Ludovick Grant, Patrick Murray.

1. PC1/48, 122-3.

2. This word has been inserted above the line.

3. The words ‘Ab: Murray’ scored out here.

1. PC1/48, 122-3.