Warrant, 31 December 1695, Edinburgh

Att Edinburgh the nyntine And twentie dayes of December J^aj vi^c nyntie five yeirs

D1695/12/43

D1695/12/43¹

Act

Act Cuningham of Bwchan

Anent the petitione given in to the Lords of his majesties privie Councell be William Cwningham of Bowchan Shewing That wher John Din in Bwrnefoot of Bwchan Haveing bowght ane horse from ane Patrick Mcleglash in fair day light befor famows wittnesses And payed ane Just and adaqwite price therfore And the place he bought him at was at the Randfoord which by all Droves both upon the north and south hes bein Looked upon to have bein ane publict mercat place The Samen lyand So conveniently for both being neer Killsyth Which horse was in his hand for Severall Dayes wnqwestioned Yet notwithstanding therof ther being ane proces intented befor The Comissioners of Justiciary of the South and District Against the Said John Din and William Cwningham of Bwchan his maister for his interest at the instance of John and Donald Camerone in Camaroran in The Ranoch not only for restitutione of the said horse bought be John Din But for eightein more horses alleadged Stollen the tyme that this horse was alleadged to have bein taken away expensses in Damnadge The Said William Cwningham of Bwchan haveing taken great pains in Searching efter the person that were the Sellers of the horse to the man and haveing atlenth found him and comitted him to the prison of Down And ther he proved by wittnesses that the said Patrick Mcleglash prisoner was the seller of the horse to the said John Din his man And Walter and John Grahams and Archbald Mcnab with whom the said Mcleglash conversed both when he Sold the horse to Din in Goeing Sowth And Likewayes when he returned who were the only people that out hunded the persewers to putt the said John Din And his maister to this trouble And the said Mcleglash who was proven to have bein the sellar of the horse was imprisoned in the tollbwith of Pearth as ane comowne and notoriows theife who made his escape furth therof This actione being called Severall tymes befor the saids Commissioners of Justiciarie And Last of all at Dallhender the Sixth of September J^aj vi^c nyntie five They finding the cause intricat and the conseqwence Dangerous Seing Bwchan being ane Lawland Gentlemen and not in the caice of Highlanders They recomended to Leivetenent Collonell Erskein Governour of Stirleing castle ther proces to represent the cause to the Lords of his Majesties privie Councell that ther opinion might be had in the said mater And Seeing the court of Justiciary at Pearth have ordered that if this remitt be not Discust be the Saids Lords of privie Councell betuixt and Munday next They will then proceed Therfore beseeching the saids Lords of privie Counsell in the first place to Stopp the saids comissioners of Justiciarie ther procedour And in the next place to² Declaire that if the saids persewers insist not against the said John Din on twesday next The Saids Lords of privie Counsell will assoillie the said John Din from any furder proces And accordingly to assoillzea As the said petitione Bears Which being this day red and considered be the saids Lords of privie Councell They heirby Stopp any furder procedure befor the comissionars of Justiciarie in the Said cause against the said John Din And the said William Cwningham his maister And Declaires that if the persewers of the said proces Doe not insist against the said John Din and the petitioner his maister befor the Lords of privie Counsell twesday next The Saids Lords of privie Counsell will discharge the said John Din of the forsaid proces Depending befor the Saids Commissioners And will Declaire him to be frie therfrae and from any other process to be intented against him or the said William Cwningham of Bwqwhan his maister befor any Judge whatsomever for the cryme forsaid for which he is persued befor the saids Commissioners