Warrant, 31 December 1695, Edinburgh

Att Edinburgh the Tenth day of December J^aj vi^c nyntie five yeirs

D1695/12/22

D1695/12/22¹

Act

Liberatione James Mcphersone

Anent the petitione given in to the Lords of his majesties privie Councell be James Mcphersone of Inverinhaven Shewing That the petitioner being conveened befor the Comissioners of Justiciary at Invernes for his alleadged being gwilty actor airt or pairt of the robbing Spwllieing wrongousely intrometting with and away takeing certaine oxen cowes calfs horse Sheep and other goods pertaining to John Grant of Conmegas in May Jwne or Jullie J^aj vi^c eightie nyn when Dwndie was in the hills And that aither by himself Servants complices or others in his name of his causeing sending hunding out comand recept or ratihabitatione As the said lybell precept given in at the said John Grants instance with concourse of the procurator Fiscall expressly bears In the tryall of which crymes the said Comissioners of Justiciary at Invernes proceed against the petitioner in a very Singular maner In Swa far as the perseuar hath not given the petitioner a clear and distinct lybell with a list of the assaizers and wittnesses to be adduced against him But a mixed lybell both criminall and civill of purpose that the petitioner may nether know nor be able to object against the wittnesses to be adduced against him And the Laird of Grant being Shirreff of Invernes and he and the Cousines of his name (who are the kindred of John Grant of Comegas the persewar) And ther freinds and allaes make up the whole atleast the greatest number of the Comissioners who meet at Invernes from whom the petitioner did with all Submission profess that he could not expect impartiall Justice And they have alreadie comitted Iniqwitie in swa far as they have Sustained against the petitioner a lybell which is nether civill nor criminall but both And that without the formalities requyred by Law So that the petitioner could not know how to prepare to defend against it And yet he gave Due obedience to thir citatione And did appear and proponed severall relevant objectiones and defenses which the saids Comissioners Did repell And did Sumarly committ the petitioner closs prisoner to the tollbwith of Invernes and Denyed him the wse of pen and ink And the access of freinds so that the petitioner expected nothing but a Sudden executione And Seing the petitioner is content to find Sufficient² cautione to appear befor the Lords of privie Councell or The Lords of Justiciary or any other Judicatorie to abyde a legall tryeall for what can be Laid to his charge by the said John Grant of Conmegas or any others And that any thing alleadged against him is Baleable by Law And thowgh the petitioner were gwiltie of the crymes lybelled as he is not yet he cannot be so much as persued for the Same they being alleadged to be comitted befor his Majesties Graciows Indemnitie which the petitioner could plead the benefite of if he were gwiltie haveing Swore alleadgeance and obedience to his Majestie as a legall Subject And therfor Craveing that the saids Lords would sist all furder procedour Against him by the Saids Comissioners of Justiciarie for the Highlands And ordaine the petitioner to be sett at Libertie upon his finding Sufficient cautione to abyde a legall tryall befor the saids Lords or The Lords Justice Generall Justice clerk and comissionars of Justiciarie at Edinburgh or the Lords of Counsell and Sessione for what can be Laid to his charge wnder what penaltie the saids Lords of privie Counsell Should think fitt As the said petitione bears Which petition being red in presence of the saids Lords and they haveing atlenth considered the same They heirby give order and warrand to the magestrats of Invernes and keeper of ther tollbwith to Sett the petitioner at Libertie furth therof In respect he hes found Sufficient cautione bownd in the books of privie Counsell that he Shall be transported from the said tollbwith of Invernes to the tollbwith of Edinburgh therin to remain till furder order And that betuixt and the first day of Janwary next to come wnder the penaltie of Ane Thousand pund Scotts And ordains the magestrats of Edinburgh and keeper of ther tollbwith to receave the said Mcphersone prisoner in ther tollbwith when offered And to detaine him prisoner therin till furder order