Act, 29 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

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

A1692/3/561

Act

Act William Livingstoun brother to the Viscount off Kilsyth

Anent the petitione Given in to the Lords of ther majestyes privie Councill be William Livingstoun brother to the viscount of Kilsyth Shewing That whereas the petitioner being in Junij Jaj vjc and Eightie Nyne Committed prisoner to the tolbooth of Edinburgh and there continowed whill november Jaj vjc and Nyntie for the space of seventein moneths And afterwards haveing obtained by there Lordships favour some Litle enlargement by Confyneing the petitioner to a chamber within the toun of Edinburgh under sufficient baill and with a centrie In which conditione the petitioner Continowed for the space of twelve moneths viz From November Jaj vjc and Nyntie till November Jaj vjc and Nyntie one At which tyme haveing haveing2 again applyed to there Lordships The petitioner obtained ane further enlargement being allowed to Change his Lodgeing and some houres in the day to walk abroad for the free air, His health being much Impaired by so Long a restraint, But Continowed alwayes under baill And not being allowed to go abroad without a Centrie and in which conditione the petitioner does as yet continow And Lykewayes in Januarij and Nyntie There wes ane act of Sequestratione by the saids Lords there warrand and authoritie off the Rents of the petitioners Lands and estate for that current year and for all bygones unpayed and in tyme comeing And the Chamberlain of the estate wes ordained to find Cautione unto the Lords of theasury for makeing the samen Furth comeing unto these who should have best right And he haveing accordingly found sufficient Cautione, By which Long Imprisonement Confynement and Restraint and sequestratione of the rents of the petitioners Lands He is very many wayes prejudged and Creditors are thereby provocked to goe one in Legall diligences even before the Lords of Sessione which will make the debt swell so high that if a present remedie be not provyded the Fortune will goe to absolute ruine And therefore Humbly craveing that sieing the petitioner is willing to find Cautione beyond all exceptione for keeping the peace and Liveing quyetly under the government That therefore there Lordships would be pleased to discharge any further restraint or Confynement of the petitioners persone And Lykewayes to take off the act of sequestratione of the petitioners rents And to ordaine the bond given in be Alexander Maxwell chamberland to the Lords of the theasurie to be delyvered up: As the said petition bears The Saids Lords of there majesties privie Councill haveing considered this petitione Given in to them be the above William Livingstoun brother to the viscount of Kilsyth They hereby Give order and warrand to the Captain of the toun of Edinburghs company of guairds to allow the petitioner to goe abroad under a Centinell each day from Morneing to evening Furth of the house of Andrew Smith piriwigmaker at the heid of Neddries wynd in Edinburgh to which he is confyned The petitioner alwayes befor extracting hereof Finding sufficient Cautione acted in the books of privie Councill That each morning he goes furth of the said house He shall returne thereto the same evening and that he remaine a true prisoner in the said house and shall not goe furth of the same except as is above allowed under the penalty of Ane thousand and Fyve Hundreth pounds Sterling In case he shall transgress in any pairt of the premises And ordaines the petitioner to Find sufficient cautione acted in the books of privie Councill for makeing furth comeing such pairt of his Lands and estate rents and annualrents thereof as at the event of any process that may be Intented againest him shall be found to pertaine to the Kings majesty And upon Finding of this Cautione The saids Lords takes off the sequestratione upon the saids Lands and estate or any diligence following thereon And Recomends to the Lords Commissioners of there Majestyes theasurie to cause delyver up the bond granted be the above Chamberland of the petitioners estate to there Lordships

At Edinburgh 29 March 1692

A1692/3/561

Act

Act for William Livingston brother to the Viscount of Kilsyth

Concerning the petition given in to the lords of their majesties’ privy council by William Livingston, brother to [James] viscount of Kilsyth showing that whereas the petitioner being in June 1689 committed prisoner to the tolbooth of Edinburgh and there continued until November 1690 for the space of seventeen months and afterwards having obtained by their lordships’ favour some little enlargement by confining the petitioner to a chamber within the town of Edinburgh under sufficient bail and with a sentry, in which condition the petitioner continued for the space of twelve months, viz from November 1690 till November 1691, at which time having again applied to their lordships, the petitioner obtained a further enlargement being allowed to change his lodging and some hours in the day to walk abroad for the free air, his health being much impaired by so long a restraint, but continued always under bail and not being allowed to go abroad without a sentry and in which condition the petitioner does as yet continue, and likewise in January 1690 there was an act of sequestration by the said lords’ warrant and authority of the rents of the petitioner’s lands and estate for that current year and for all bygones unpaid and in time coming, and the chamberlain of the estate was ordained to find caution unto the lords of treasury for making the same forthcoming unto these who should have best right, and he having accordingly found sufficient caution, by which long imprisonment, confinement and restraint and sequestration of the rents of the petitioner’s lands he is very many ways prejudged and creditors are thereby provoked to go on in legal diligences even before the lords of session which will make the debt swell so high that if a present remedy is not provided, the fortune will go to absolute ruin; and therefore humbly craving that seeing the petitioner is willing to find caution beyond all exception for keeping the peace and living quietly under the government, that therefore their lordships would be pleased to discharge any further restraint or confinement of the petitioner’s person, and likewise to take off the act of sequestration of the petitioner’s rents and to ordain the bond given in by Alexander Maxwell, chamberlain, to the lords of the treasury to be delivered up, as the said petition bears. The said lords of their majesties privy council having considered this petition given in to them by the above William Livingston, brother to the viscount of Kilsyth, they hereby give order and warrant to the captain of the town of Edinburgh’s company of guards to allow the petitioner to go abroad under a sentinel each day from morning to evening furth of the house of Andrew Smith periwig-maker at the head of Niddry’s Wynd in Edinburgh to which he is confined, the petitioner always before extracting hereof finding sufficient caution acted in the books of privy council that each morning he goes furth of the said house he shall return thereto the same evening and that he remain a true prisoner in the said house and shall not go furth of the same except as is above allowed under the penalty of one thousand five hundred pounds Sterling in case he shall transgress in any part of the premises. And they ordain the petitioner to find sufficient caution acted in the books of privy council for making forthcoming such part of his lands and estate, rents and annualrents thereof as at the event of any process that may be raised against him shall be found to pertain to the king’s majesty, and upon finding of this caution the said lords take off the sequestration upon the said lands and estate or any diligence following thereon, and recommend to the lords commissioners of their majesties’ treasury to cause deliver up the bond granted by the above chamberlain of the petitioner’s estate to their lordships.

1. PC1/48, 123-4.

2. Sic.

1. PC1/48, 123-4.