Procedure: committee, 23 March 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years

A1692/3/421

Procedure: committee

Comittee anent Sir Thomas Dalziell men taken on to be souldiers

Anent the petitione Given in to the Lords of there Majestyes privie Councill By Sir Thomas Dalziell off Binns Shewing That there Lordships were formerly pleased upon the Fyfteent of March instant to Give order to the governour of the Castle of Blackness to take tryall what persones in that castle were taken out of the petitioners ground by Captain Alexander Hamiltone of Grainge And to Call him and the petitioner and examine whether the men did take on willingly to goe to Flanders in there Majestyes service or if they were pressed and to report to there Lordships accordingly But befor the order went Captain Hamiltone hade taken away the man And hes him at present in the tolbooth of the Canongate or Leith where he is most unjustly detained And therefor Craveing that the saids Lords would give order and warrand to the keeper of the prisone where the man taken out of the petitioners Land shall be found to secure him there or send him to the tolbooth of Edinburgh And recomend to any one or mae of there Lordships number to hear the petitioner and the said Captain Hamiltone And If they find the man to have been unjustly pressed to allow them to sett him at Liberty or in case of difficulty to Report As the said petitione bears The saids Lords of there Majestyes privie Councill haveing Considered this petition given in to them be the above Sir Thomas Dalziell They hereby Recomend to the Laird of Grant and Sir Patrick Murray of Saltcoatts or aither of them To Call for the above Captain Hamiltone and the petitioners man and to examine and take tryall whether the said man be pressed or not And Lykewayes to call for such persones prisoners in the tolbooth of the Canongate As are by the Lord Chancellors order discharged to be Lett furth They pretending that they are pressed as souldiers againest there will without there consent And that they never engadged or took on And to call for the officers by whose orders these persones are Imprisoned And to examine and take tryall whether they have willingly taken or if they were pressed with power to the said Laird of Grant or Sir Patrick Murray or aither of them to give orders for setting at Liberty any such of the persones forsaids as they shall find Just and in case of difficultie that they report to the Councill befor any of the saids persones be Liberate And in the mean tyme discharges the Keepers of the tolbooths of Canongate and Leith or any other tolbooth wherein the petitioners man or other persones forsaids presently are, To suffer any of the saids persones to goe furth of the saids tolbooths or to delyver them to the officers or others Inputters of them without speciall warrand from the Lords of privie Councill or the said Laird of Grant and Sir Patrick Murray or aither of them given for that effect

Att Edinburgh the Tuenty Third day of March Jaj vjc and Nyntie tuo years

A1692/3/421

Procedure: committee

Committee concerning Sir Thomas Dalyell’s men taken on to be soldiers

Concerning the petition given in to the lords of their majesties’ privy council by Sir Thomas Dalyell of Binns showing that their lordships were formerly pleased upon the fifteenth of March instant to give order to the governor of the Castle of Blackness to take trial what persons in that castle were taken out of the petitioner’s ground by Captain Alexander Hamilton of Grange and to call him and the petitioner and examine whether the men did take on willingly to go to Flanders in their majesties’ service or if they were pressed and to report to their lordships accordingly. But, before the order went, Captain Hamilton had taken away the man and has him at present in the tolbooth of the Canongate or Leith where he is most unjustly detained, and therefore craving that the said lords would give order and warrant to the keeper of the prison where the man taken out of the petitioner’s land shall be found to secure him there or send him to the tolbooth of Edinburgh, and recommend to any one or more of their lordships’ number to hear the petitioner and the said Captain Hamilton, and if they find the man to have been unjustly pressed, to allow them to set him at liberty or in case of difficulty to report as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Sir Thomas Dalyell they hereby recommend to the laird of Grant and Sir Patrick Murray of Saltcoats or either of them to call for the above Captain Hamilton and the petitioner’s man and to examine and take trial whether the said man be pressed or not, and likewise to call for such persons, prisoners in the tolbooth of the Canongate, as are by the lord chancellor’s order discharged to be let furth, they pretending that they are pressed as soldiers against their will without their consent and that they never engaged or took on, and to call for the officers by whose orders these persons are imprisoned and to examine and take trial whether they have willingly taken or if they were pressed, with power to the said laird of Grant or Sir Patrick Murray or either of them to give orders for setting at liberty any such of the persons foresaid as they shall find just and in case of difficulty that they report to the council before any of the said persons be liberated, and in the meantime discharges the keepers of the tolbooths of Canongate and Leith or any other tolbooth wherein the petitioner’s man or other persons foresaid presently are, to suffer any of the said persons to go furth of the said tolbooths or to deliver them to the officers or others inputters of them without special warrant from the lords of privy council or the said laird of Grant and Sir Patrick Murray or either of them given for that effect.

1. PC1/48, 114-15.

1. PC1/48, 114-15.