Warrant, 21 December 1699, Edinburgh

Att Edinburgh The Thirteenth Day of July J^aj v^ic nynty nyne years

A1699/7/19

A1699/7/19¹

Act

Act Andrew How of Pannell

Annent The Petition given in To the Lords of his Majesties privy Councill By Andrew How of Pannel Shewing That their Petitioner Being unfortunatly Ingadged in the defence of a process att the Instance of Katharine Blair and Robert Ross her assigney wherby they did Endeavor To turn the petitioner out of the possession of a small Estate, He hade by his father, In which process he hade occasion to quarrell some writes produced In favours of Mr Ezekiel Montgomry as false and forged, And The Lords of Session were so farr convinced of the Forgery That their Lordships ordered Mr Ezekiel To be apprehended and Incarcerate and accordingly he was Brought To the Tolbooth of Edinburgh, And during the tyme he was prisoner, he contracted a freindship with ane English man who was prisoner for clipping and coyning of money, and their petitioner in the moneth of February last haveing come here to depone upon ane alledgance Referred to his oath Be the said Katharin Blair: Ross of Robinthill her assigney and his doers here, Instigat one of his Creditors To apprehend and incarcerate him in the Tolbooth of Edinburgh for a debt, And while he was there Mr Ezekiel proposes to his comorad the English man, That he would give up the petitioners name to the Kings Advocate as a Coyner of False money, The English man hade Abundance of Inclination To Gratifie Mr Ezekiel, But Told him he hade never Seen the petitioner nor heard of such a man, yet Mr Ezekiel prevails with him to give up his name to his Majesties Advocate, mentioning the place where he lived and asserted he was guilty of Coyning False money and causes him make a Condescendence of Severall witnesses who would prove against the Petitioner, Upon this Information His Majesties Advocate was pleased to order him Closs prisoner, But after some short tyme he allowed him the freedom of the prison. Mr Ezekiel Having obtained his liberty and Effectuate his wicked Contrivance against him by the Trick he hade put upon him, albeit there was never any furder Information against him But what Mr Ezekiel hade forged yet he hes Continued prisoner Ever Since, And Now he is forced to Represent his caice to their Lordships and That his Reputation and deportment during the course of his life, In the place where he lives, may be Knowen, He hes produced Testificats with his Petition under the hands of the minister and Elders of the parish where he lived, as also from the most considerable Heretors, viz: The Lairds of Craigen Porterfeild of that Ilk, The Sheriff Deput of Renfrew, The Laird of Blacktounds and Gavin Cochran of Craigmuir, Declareing upon their Credit and Reputation That they hade been acquaint with him of a long time and never Knew that he was guilty of any thing that was unbecomeing ane honest man, or that he Ever was Repute or Bructed with the Coyning of False money untill of late that he was Imprisoned upon the Information of the English man as will more fully appear from the severall Testificats produced and their Lordships: are to Judge whither ane Information given against him, or the Testimony of Mr James Stirling minister att Kilbarchan who declares he hes Known the petitioner These Ten years and the other Gentlemen abovenamed be most to be beleived, And he must with all Submission say there was never a poor man so hardly used as he hes been, To be Kept these five or six moneths a prisoner for ane Infamous Cryme whereof he is alse Innocent as the Child that’s unborn, And all by the malice of persons who have nether Interest nor Reputation To lose, which needs no other proof, But the very mentioning of their names. And Therfore Humbly Craveing Their Lordships To Consider his Sad Condition And cause Read over the Testificates which will fully Satisfy their Lordships as to his Reputation and as their Lordships are Concerned That the Guilty be punished, So there is protection but to the Innocent, And Therfor order his liberation, And Seing he can have no Reparation from those who have been the authors of his misery and misfortune, Therfore to Allow him Some thing To Repair his Damnages and pay the prisoners dues without which he cannot Expect to be Liberat as the said petition bears. The saids Lords of his majesties privy Councill Having Considered this petition given in to them By the within Andrew How, They heirby Recomend To his majesties² Advocat to take off the order, which he gave for Committing or Continueing the petitioner as prisoner upn his being Suspect guilty of False coyne.