Procedure, 30 December 1701, Edinburgh

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/28

D1701/2/28¹

Order

Act and Recomendation In favours of Captain Kenneth Urquhart

Anent the petition given in and presented to the Lords of His Majesties privie Councill by Captain Kenneth Urqwhart Humblie Shewing That wherby The petitioner haveing had the Misfortune thorrow the will and Misinformation of some officious persones to be putt in a publict information Emitted by their Lordships in July last as accessory to the Rable that Hapened wpon the Tuenty of June The petitioner was by vertue herof seized wpon the tenth of august last and after Inqwrie made by their Lordships anent the alleadgeance of his being accessory to the said Rable Nothing hes appeared that could inform the Least guilt or accession therto in the petitioner as is evidenced by My Lord advocat and His Majesties solicitors their Report To the saids Lords of the probation redd against the petitioner Wherwpon Their Lordships ordained him to be sett at libertie furth of the Tolbooth of Edinburgh wpon the tenth of december last where the petitioner hes lyen Incarcerat all this tyme and also appoynted his House dues to be payed by the publict since which tyme which is the space of tuo moneths The petitioner used all the endeavoured that were in his pouer To procure alse much mony as would pay the debt he had necessarly contracted within the Tolbooth for his mentinance which he had not bein nor was not yet able or in a condition to doe because of his Restraint so that being now for the space of two moneths detained prisoner by the Goodman of the Tolbooth for a debt so neccesarly contracted for his subsistance The saids Lords their ordinance as to his Liberation hes proven altogither ineffectwall and now his circumstances turneing dayly worse by the Goodman of the Tolbooths refuseing to give him credit for his aliment in tyme comeing He was at last necessitat to represent To their Lordships the great hardships he is under persuadeing himself that their meaning and Intention never was that he should be treated more severlie then his condition could allow Especially when no cryme (after inquirie) hes beein proven against him Besyds that since his confynment as a prisoner of state some areistments for privat debts had being Laid upon him Therfore Craveing That it might have pleased the said Lords seriously and tymeously to consider the hardship of the petitioners Circumstances in manner above represented and since the debt he had necessarly contracted within the tolbooth whyll under his confynment will amount to near tuenty pound starling as appears by the accompt of the goodman of the tolbooth given in to the petitioner and produced with the said petition and that he as said is did lye under some arresistments for privat debts That therfore their Lordships would be pleased To recomend to the Lords of His Majesties Theasurie To pay the forsaid accompt Due by the petitioner to the Goodman of the Tolbooth a considerable pairt therof being expended on phisitians and others whyll he was dangerously sick and Indisposed thorrow his Long Imprisonment and appoynt him furthwith to be sett at Libertie notwithstanding any arreistments laid on him for privat debts That he might no longer incurr the hazard and hardships he had hitherto lyen under as the said petition bears Followes Captain Kenneth Urqwarts accompt to the Drauer in the Tolbooth seller Imprimis to fourtein shilling and sixpennies per diem for half a years tyme for his mantinance viz from the tenth of August J^ai vij^c to the tenth of February J^ai vij^c and one being ane hundreth and Eighty four dayes is ane hundreth and thretty three pund, For coall and candle at fyve shilling per diem, Fowrty six pund To eleven Rex dollars borroued at three severall tymes when he was sick which was given to phisitians and Appothicaries, Thretty one pund eightein shilling For his bed and washing dureing the said tyme Tuenty one pund sex shilling Summa is Tuo hundred and thretty tuo pund tuelve shilling This is besyds dues to Masters and servants The Lords of his Majesties privie Councill haveing considered the above petition given in to them by the above Captain Uquhart They heirby Recomends To the Lords Commissioners of Her² Majesties Theasurie To cause make payment to the Keepper of The tolbooth of Edinburgh The accounts mentioned in the said petition Extending to two hundreth and thretty tuo punds tuelve shilling scots mony And Doe heirby give order and warrant To the Magistrats of Edinburgh and keeper of their tolbooth to sett the petitioner furth therof as states prisoners are in use to be liberat and that without payment of any house dues In respect of the Recomendation forsaid.