Att Edinburgh the Tuenty Seventh day of December Jaj vjc nyntie tuo years
A1692/12/50
A1692/12/50
Procedure: remit
John Weir remitted to the Earl of Leven
Anent the petitione Given in to the Lords of there Majesties privie Councill be John Weer prisoner in the Canongate tolbooth Shewing That where the petitioner haveing evidenced his affectione to the present Government That he did underlye the greatest of hazards at the seidge of Londonderry where he wes deadly wounded And throw the providence of God after his Lyeing a Long tyme wounded attained to some measure of health And his affection and Love being so endeared to there present majesties Interest That he wes willing In so farr as he wes able to serve To take on in the Earle of Levens regiment as a Cadie And served there for the space of ane half year untill he became sickly Considering that his wounds were not fully healled So that his former wounds recurred upon And rendered him altogether Incapable of there Majesties service And Haveing made applicatione to Leivetennent Colonell Arrat upon the Considerations aforsaid Did grant him ane pass in the Colonells absence which is now in the hands of one Leivetennent Colonell Rounalds who throw the Instigation of some maleaffected persones not only did apprehend the petitioner in a most cruell and Barbarous maner contrair to the true rules of humanity And Dragged him out of his naked bed under cloud of night to the Canongate tolbooth But by reaving and abstracting his said pass from him throw violence And by all appearance unles some remeid be provyded The petitioner will nether be able to serve King or Countrey And sieing that the petitioner is most willing that any thing that is represented againest him as a deserter may be putt to a tryall And that the saids Lords will be pleased to consider the hardship the petitioner hes mett with And the vast charges and expenses he hes been putt to dureing his Imprisonement upon the groundles accusationes of officious and disinteressed persones Especiallie Considering the petitioner is able to make appear his Innocence with all the Circumstances of Justice And Lykewayes considering the precogitat malice of his accusers In useing all mischeiff againest the petitioner off purpose to devert him from his Imployment in the Coldtoun where he wes actually working about his Lawfull effairs And therefore Craveing that the saids Lords would be pleased To consider the premises And to Conveen the said Leivetennent Colonell Ronnald befor there Lordships To the effect The petitioners pass may be exhibite and showen to the saids Lords and the Justice of his cause to fall under there Lordships consideratione So that the petitioner may be heard in order to his vindicatione and be Liberat furth of prisone Especially Considering he hes not receaved non of there money or earnest And that his pass may be Given him back or Consigned in there Lordships clerks hands To the effect he may Live peaceably as hitherto he hes done As the said petitione bears The Saids Lords of there majesties privie Councill Haveing heard this petition Given in to them be the within John Weer read in there presence They Recomend to the Earle of Leven to call for and examine the petitioner and consider his pass with power to set him at Liberty In case he shall find Just.
At Edinburgh 27 December 1692
A1692/12/50
Procedure: remit
John Weir remitted to the earl of Leven
Regarding the petition given in to lords of their majesties’ privy council by John Weir, prisoner in the Canongate tolbooth, showing that, where the petitioner having evidenced his affection to the present government that he did underlie the greatest of hazards at the siege of Londonderry where he was seriously wounded and through the providence of God after his lying a long time wounded, attained to some measure of health and his affection and love being so endeared to their present majesties’ interest that he was willing, in so far as he was able to serve, to take on in the earl of Leven’s regiment as a caddy and served there for the space of half a year until he became sickly, considering that his wounds were not fully healed, so that his former wounds recurred and rendered him altogether incapable of their majesties’ service, and having made application to Lieutenant Colonel Arrat upon the foresaid consideration granted him a pass in the colonel’s absence which is now in the hands of one Lieutenant Colonel Ronald who, through the instigation of some malicious persons not only apprehended the petitioner in a most cruel and barbarous manner contrary to the true rules of humanity and dragged him out of his naked bed under cloud of night to the Canongate tolbooth, but by tearing and abstracting his said pass from him through violence, and by all appearance unless some remedy is provided, the petitioner will neither be able to serve king or country, and seeing that the petitioner is most willing that anything that is represented against him as a deserter may be put to a trial, and that the said lords will be pleased to consider the hardship the petitioner has met with, and the vast charges and expenses he has been put to during his imprisonment upon the groundless accusations of officious and disinterested persons, especially considering the petitioner is able to show his innocence with all the circumstances of justice, and likewise considering the preconceived malice of his accusers in using all mischief against the petitioner to divert him from his employment in the Calton where he was actually working about his lawful affairs, and therefore craving that the said lords would be pleased to consider the premises and to convene the said Lieutenant Colonel Ronald before their lordships so that the petitioner’s pass may be exhibited and shown to the said lords and the justice of his cause fall under their lordships’ consideration so that the petitioner may be heard in order for his vindication and be liberated furth of prison, especially considering he has not received any of their money or earnest, and that his pass may be given him back or consigned in their lordships’ clerk’s hands to the effect he may live peacefully as hitherto he has done, as the said petition bears. The said lords of their majesties’ privy council having heard this petition given in to them by the above John Weir read in their presence, they recommend to [David Leslie], earl of Leven to call for and examine the petitioner and consider his pass, with power to set him at liberty in case he shall find it just.
