Att Edinburgh the Tuelth day off October Jaj vjc nyntie tuo years
A1692/10/11
A1692/10/11
Act
Liberation Ninian Mercer
Anent the petitione Given in to the Lords of there Majesties privie Councill be Ninian Mercer ventner in Coldstream prisoner within the tolbooth of Edinburgh Shewing That where the petitioner haveing detained here in prisone be the space of ten weeks Because of some Letters most unfortunately directed to him (as the petitioner supposes) from a stranger that Lodged at his house in the begining of Junij Last whose name the petitioner knew not as hes more fullie appeared by the petitioners solemne declaratione mentioned in the supplicants petitione given to the saids Lords the last Councill day At which tyme the petitioner doubts not but there Lordships hade granted him Liberation If there hade been a Letter produced to there Lordships be there majesties sollicitor which he receaved when he came Last [to] Berwick and which the petitioner after Inspectione Knew to be from one David Vanerkine a dutch officer one of these who were Imployed be the petitioners sister in Law To assasinat the petitioner at his oune house Because he will not give to her the small heretage belonging to his father which she alleadges wes disponed to her be the petitioners eldest brother her husband who wes never Infeft And dyed Imediatly after the marriadge without children procreat And the petitioner Humbly beggs this unchristian and Inhumane Letter may be recorded in there Lordships books as a ground of accusatione on the one pairt and exculpatione on the other Because of the dismall and tragicall effects which such madd attempts may produce The petitioner being obleidged to defend himself againest such Illegall murdering assaults But the petitioner doeth not Imagine that the former Letters directed to him did come from that hand but rather from the hand of his unfortunate Guest After whose name The petitioner have made all enquirie Imaginable and upon the tuentie second day of September Last The petitioner wes Informed by Alexander Trotter present magistrat in Coldstream that after strict enqurie made be him at the petitioners desyre There is one Mistres Wyllie in Coldstream (that came from Ireland) who knew him verie well And that she declares his name to be James Dunlop ane Irish Gentleman This is all that the petitioner can say more then he hes formerly declared upon oath to the saids Lords And the petitioner Receaveing much prejudice Both anent his health familie and effairs not haveing whereupon to mantaine himself here and his familie at home And it being Impossible for any man to secure himself againest the directiones of Letters from wicked or foolish persones And therefore Craveing that there Lordships would be pleased In Consideratione of the premises To grant warrand to the magistrats of Edinburgh to cause Liberate the petitioner or if the saids Lords (as God forbid) be not pleased as yet to sett the petitioner at Libertie That such allowance of aliment may be granted dureing the petitioners confynement as there Lordships thinks fitt to modifie As the said petitione bears The Saids Lords of there Majesties privie Councill Haveing Considered this petitione given in to them be the above Ninian Mercer They hereby Give order and warrand to the magistrats of Edinburgh and Keeper of there tolbooth to sett at Libertie the petitioner In respect he hes found Cautione acted in the books of privie Councill that he shall Live peaceably under and with all submissione to the present government of there majestyes King William and Queen Mary And that he shall not act Consult or contryve any thing In prejudice thereof nor shall not converse with rebells And that he shall appear befor the saids Lords of privie Councill when called for under the penalty of Fyve Hundreth merks scotts money In case he shall transgress in any pairt of the premises.
At Edinburgh 12 October 1692
A1692/10/11
Act
Liberation of Ninian Mercer
Concerning the petition given in to the lords of their majesties’ privy council by Ninian Mercer, ventner in Coldstream, prisoner within the tolbooth of Edinburgh, showing that where the petitioner having detained here in prison by the space of ten weeks because of some letters most unfortunately directed to him (as the petitioner supposes) from a stranger that lodged at his house in the beginning of June last whose name the petitioner knew not, as has more fully appeared by the petitioner’s solemn declaration mentioned in the supplicant’s petition given to the said lords the last council day at which time the petitioner doubts not but their lordships had granted him liberation if their had been a letter produced to their lordships by their majesties’ solicitor which he received when he came last to Berwick and which the petitioner after inspection knew to be from one David Vanerkine, a Dutch officer, one of those who were employed by the petitioner’s sister in law to assassinate the petitioner at his own house because he will not give to her the small heritage belonging to his father which she alleges was disponed to her by the petitioner’s eldest brother her husband, who was never infeft and died immediately after the marriage without children procreate, and the petitioner humbly begs this unchristian and inhumane letter may be recorded in their lordships’ books as a ground of accusation on the one part and exculpation on the other, because of the dismal and tragical effects which such mad attempts may produce the petitioner being obliged to defend himself against such illegal murdering assaults, but the petitioner does not imagine that the former letters directed to him did come from that hand but rather from the hand of his unfortunate guest after whose name the petitioner have made all enquiry imaginable and upon the twenty second day of September last, the petitioner was informed by Alexander Trotter, present magistrate in Coldstream, that after strict enquiry made by him at the petitioner’s desire there is one Mistress Wyllie in Coldstream (that came from Ireland) who knew him very well, and that she declares his name to be James Dunlop, an Irish gentleman, this is all that the petitioner can say more than he has formerly declared upon oath, to the said lords, and the petitioner receiving much prejudice both concerning his health, family and affairs not having whereupon to maintain himself here and his family at home, and it being impossible for any man to secure himself against the directions of letters from wicked or foolish persons, and therefore craving that their lordships would be pleased in consideration of the premises to grant warrant to the magistrates of Edinburgh to cause liberate the petitioner or if the said lords (as God forbid) be not pleased as yet to set the petitioner at liberty that such allowance of aliment may be granted during the petitioner’s confinement as their lordships thinks fit to modify, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Ninian Mercer, they hereby give order and warrant to the magistrates of Edinburgh and keeper of their tolbooth, to set at liberty the petitioner in respect he has found caution acted in the books of privy council that he shall live peaceably under and with all submission to the present government of their majesties’ King William and Queen Mary, and that he shall not act, consult or contrive anything in prejudice thereof, nor shall converse with rebels, and that he shall appear before the said lords of privy council when called for under the penalty of five hundred merks scots money in case he shall transgress in any part of the premises.
