Commission by the Council, 18 February 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Eighteinth Day of Februaryij Jaj vjc Nyntie tuo years

A1692/2/831

Commission by the Council

Comission John Forbes

Anent the petitione Given in to the Lords of there Majestyes privie Counsell be William Maister of Forbes in behalf of John Forbes wrongeously detained prisoner at Blackness Showing That where the said John Forbes Indueller in Clackmannan is of the petitioners kinred and following and hes these severall years bypast Lived in the repute of ane honest housholder and maister of a familie burdened with wyfe and children at Clackmannan where he hes some small heretage of aickers houses and others by his wyfe And yet wes about a fourtnight or tuentie dayes agoe seized upon and Carryed away to Blackness where he is detained as closs prisoner amongst the new Levies and recruits and that in such sort that his wyfe for severall dayes could get no accompt of him And when she and neighbours of the toun hade understood where he wes detained and were upon testifyeing of the way and maner of his being seized upon and Carryed away by one Leivetenant Bruce brother to Clackmanan and delyvered to one Captain Hamilton of Grange who keeps him yet in the said house of Blackness They the saids Neighbours and the Minister of the place were so farr overawed from giveing a testimonie that hardly six of them adventured to subscryve the trueth as appears by the testificat produced with the said petitione And sieing the seizing upon freemen and honest house holders especiallie when the same is out of pick and envie is a cryme punisheable in all well governed nationes attour the protecting of the persone so seized and setting them at Liberty And therefore humbly Intreating that there Lordships will so farr discountenance and discourage such oppressive methods as to order the Governour of Blackness to send in the persone of the said John Forbes under ane Convoy of tuo Centinells upon his oune expenses to be sisted before the Comittee of there Lordships2 Appointment for tryal of the Cases of persones wrongously seized And according as there Lordships shall find the wrongs above narrated to have been Committed upon the said John Forbes by the violent seizing of him That they order him to be sett at Liberty As the said petitione bears The saids Lords of there Majestyes privie Counsell haveing Considered this petition given in to them be the above Maister of Forbes for the above John Forbes They hereby Give power and Commissione to the Governour of the Castle of Blackness And in his absence to the next Comanding officer there to Call for and hear the said John Forbes And also the above Leivetenant Bruce and Captain Hamiltoun upon the grounds and Cause of the said John Forbes his Imprisonment And whether he hes engaged to be a souldier or not and to report to the Counsell againest Tuesday next being the tuenty third day of February Instant And in the mean tyme discharge the said Governour or other officers in the said castle to suffer the said John Forbes to come forth of the said Castle or to delyver him to the said Leivetennent Bruce or Captain Hamiltone without the Counsells speciall warrand for this effect

At Edinburgh 18 February 1692

A1692/2/831

Commission by the Council

Commission John Forbes

Concerning the petition given in to the lords of their majesties’ privy council by William, master of Forbes on behalf of John Forbes wrongeously detained prisoner at Blackness, showing that where the said John Forbes, indweller in Clackmannan is of the petitioner’s kindred and following, and has these several years past lived in the repute of an honest householder and master of a family, burdened with wife and children at Clackmannan where he has some small heritage of acres, houses, and others by his wife, and yet was about a fortnight or twenty days ago seized upon and carried away to Blackness, where he is detained as close prisoner among the new levies and recruits, and that in such sort that his wife for several days could get no account of him, and when she and neighbours of the town had understood where he was detained and were upon testifying of the way and manner of his being seized upon and carried away by one Lieutenant Bruce, brother to Clackmannan, and delivered to one Captain Hamilton of Grange, who keeps him yet in the said house of Blackness. They the said neighbours and the minister of the place were so far overawed from giving a testimony that hardly six of them adventured to subscribe the truth as appears by the testificat produced with the said petition, and seeing the seizing upon freemen and honest householders, especially when the same is out of pique and envy, is a crime punishable in all well governed nations in addition to the protecting of the person so seized and setting them at liberty, and therefore humbly intreating that their lordships will so far discountenance and discourage such oppressive methods as to order the governor of Blackness to send in the person of the said John Forbes under a convoy of two sentinels upon his own expenses to be called before the committee of their lordships’ appointment for trial of the cases of persons wrongeously seized, and according as their lordships shall find the wrongs above narrated to have been committed upon the said John Forbes by the violent seizing of him that they order him to be set at liberty as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above master of Forbes for the above John Forbes, they hereby give power and commission to the governor of the castle of Blackness and in his absence to the next commanding officer there to call for and hear the said John Forbes, and also the above Lieutenant Bruce and Captain Hamilton upon the grounds and cause of the said John Forbes his imprisonment and whether he has engaged to be a soldier or not and to report to the council by Tuesday next, being the twenty-third day of February instant. And in the meantime discharge the said governor or other officers in the said castle to suffer the said John Forbes to come forth of the said castle or to deliver him to the said Lieutenant Bruce or Captain Hamilton without the council’s special warrant for this effect

1. PC1/48, 59-60.

2. The word ‘number’ scored out here.

1. PC1/48, 59-60.