Scottish Privy Council Records

Att Edinburgh the Third day of September J^aj vj^c and nyntie tuo years¹

A1692/9/1²

Act

Liberation Oswald of Spittell

Anent the petitione presented to the Earle of Tweddale Lord High Chancellour of Scotland (To whom The Lords of privie Councill be there act daitted the Eleaventh day of August Last have remitted to give order for Liberatione of such of the heretors of Midlothian who are Imprisoned for refuseing the oath of alleadgence and assureance as shall address to that effect And produce testificats of there sickness and Indispositione under the hands of Phisicians bearing upon soull and Conscience) be James Oswald of Spittell Shewing That uhere the petitioner is Incarcerate within the tolbooth of the Canongate for not takeing the oathes and hath by being these severall weeks bygone detained prisoner there and so depryved of the benefite of the free and fresh air And (being above the age of sixtie three) become both scurvutick and Astmatick and is in hazard Imediatly to fall into a dropsie As appears by a preternaturall swelling in his Legs which hath seized him within these few dayes So that no remedie will prove effectuall for his recoverie So Long as he is thus detained prisoner and restrained from the fresh and free air of the Countrey where he wes bredd and borne As a testificat under the hands of Mr Alexander Penniecook doctor of medicine and Thomas Edgar Chirurgeon in Edinburgh produced with the said petitione hes testifyed and it being the Lord Chancellour his Constant Custome upon such emergencies to Liberate such as are Imprisoned upon the accompt forsaid when they fall into sickness And the petitioners present diseased conditione Calling aloud for the benefite of Liberation And therefore Craveing to the effect under wreitten As the said petitione bears Which Petition and testificat mentioned therein and produced therewith bearing upon soull and Conscience being considered be the said Lord high Chancellour His Lordship Gives order and warrand to the magistrats of Edinburgh Bailzies of the Canongate and Keeper of there tolbooth To sett the petitioner at Libertie furth thereof In respect he hes granted bond and Found sufficient Cautione acted in the books of privie Councill That he shall Live peaceable under and with all submission to the government of there majestyes King William and Queen Mary And that he shall not act consult or contryve any thing in prejudice thereoff nor shall not Converse or Correspond with rebells And that he shall appear befor the Lords of there Majesties privie Councill upon the thretteint day of September Instant Under the penaltie of Ane Hundreth pound Sterling.

At Edinburgh 3 September 1692¹

A1692/9/1²

Act

Liberation for Oswald of Spittel

Concerning the petition presented to the earl of Tweeddale, lord high chancellor of Scotland (to whom the lords of privy council by their act dated 11 August last have remitted to give order for liberation of such of the heritors of Midlothian who are imprisoned for refusing the oath of allegiance and assurance as shall address to that effect and produce certificates of their sickness and indisposition under the hands of physicians bearing upon soul and conscience) by James Oswald of Spittel showing that where the petitioner is incarcerated within the tolbooth of the Canongate for not taking the oaths and has by being these several weeks bygone detained prisoner there and so deprived of the benefit of the free and fresh air, and (being above the age of 63) has become both scurvitic and asthmatic and is in hazard immediately to fall into a dropsy, as appears by a preternatural swelling in his legs which has seized him within these few days so that no remedy will prove effectual for his recovery as long as he is thus detained prisoner and restrained from the fresh and free air of the country where he was bred and born, as a certificate under the hands of Mr Alexander Pennicuik doctor of medicine and Thomas Edgar surgeon in Edinburgh produced with the said petition has testified, and it being the lord chancellor’s constant custom upon such emergencies to liberate such as are imprisoned upon the foresaid account when they fall into sickness, and the petitioner’s present diseased condition calling aloud for the benefit of liberation. And therefore craving to the effect underwritten, as the said petition bears. Which petition and certificate mentioned therein and produced therewith bearing upon soul and conscience being considered by the said lord high chancellor, his lordship gives order and warrant to the magistrates of Edinburgh, bailies of the Canongate and keeper of their tolbooth to set the petitioner at libertie furth thereof, in respect that he has granted bond and found sufficient caution acted in the books of privy council that he shall live peacefully under and with all submission to the government of their majesties King William and Queen Mary, and that he shall not act, consult or contrive anything in prejudice thereof nor shall he converse or correspond with rebels, and that he shall appear before the lords of there majesties’ privy council on 13 September instant, under the penalty of £100 sterling.

1. PC1/48, 400.

2. PC1/48, 399.