Warrant, 21 December 1699, Edinburgh

Att Edinburgh The nynteinth day of December J^aj vi^c Nyntie Nyne years

D1699/12/9

D1699/12/9¹

Act

Act and Remitt Telman Goden Against William Murray

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of privy² Councill at the instance of Telman Goden late servant to the Lord Polwarth Mentioning That wher by the Lawes and acts of Parliament as weell as the Lawes of all weell governed nationes all persones who keeps Ossilries and publict Inns for receveing of and Lodging of Strangers and travellers ought to defend and Mantaine the saids Lodgers in saifty and security in their persones and goods and the stealling robbing or away takeing of their money wearing appearall and other accutriements belonging to them, and striping their lodgers, almost naked of their very apperall and Wearing Cloathes by themselves or any other resett or intertained by them, are Crymes of ane high nature and severly punishable Especially when Committed against Strangers and foraigners, who hade ventured their life and spent much their time in his majesties service Nevertheless It is of verity That The said pursuer after haveing been fyve years in his majesties service and haveing reported a testificat therof and obtained a pass from his majesties Chancelor to goe beyond sea to see his freinds who Lived at Cambry being himself a native Frenchman in order to accomplish his said voage did upon ane or other of the dayes of the Moneth of September October or November in this present year of God goe to Kirkaldie in hopes to have found a ship to have caried him over to Holland or Flanders and therby the directione of the people went to the house of William Murray who keeped a publict Changehouse at the Signe of the Crown in the said burgh, wher he took up his Lodging and delivered to his Landlord the said William Murray a Trunk cloak bagg wherin were his wearing Cloaths of a Considerable value and twenty pounds sterling of his wadges which Clogbagg the said William Murray received from him about Twelve a Cloak in the day, and he and his brother Caried the Same up to the roome wher the said pursuer was to lodge that night and the pursuir haveing gone to Look after a Shipp, and haveing come back to the said William Murray’s house after Supping then went to the Chancelor wher he was to Lodge and before goeing to bed demanded from the Landlord a key to Lock or make the door fast by Bolt, Bot the said William Murray instead of secureing the roome wher the Clogbagg was then still Laying told the pursuer, That the door hade neither key nor bolt nor needed any bot he could be answerable for the Cloakbagg and all within the roome belonging to the pursuer, Nevertheless early before six of the Cloak nixt morning before the persuer was awake, The said William Murray came running in to the roome and asked for the pursuers Clogbagg pretending a stranger who hade Lodged in that house was emissing who perhapes might have wronged his Clogbagg, Bot in effect as the said pursuer now understands, That the said William Murray understands That the said William Murray himself being Banished out of Edinburgh for disaffection to the Government hade a mortall hatred to all who hade exposed and ventured their Lives in his majesties service was therfore greedy to Lay hold upon any opportunity to Spulzie and berive such as the pursuer of their goods and money Especially Looking upon him as a Stranger who neither know how to Complaine not how to seek redress and Therfore hade undowbtedly caried a way the Clog bagg with the Cloathes and money therin, and like wayes the pursuers haill gloves wearing Coat and severall others of this wearing abulziements in so much as he was Stripped very near to the skine Wher throw the said William Murray is guilty of a manifest Spulzie and robbery in Carrieing away the forsaid Trunk clogbagg Cloathes and other Abulziements And Therfore at least as being ane Innkeeper and master of ane hossilery ought to refound and make the samen good to the pursuer Conforme to his oath to be³ given anent the value therof and otherwayes to be punished in his presence and goods to the teror of others to Committ the Like in time comeing And Anent the Charge given to the said defender To have Compeared personally before the saids Lords of his Majesties privy Councill this day To have answered to the forsaid Complaint and to have heard and seen such order and Course taken theranent as appertaines As in the said Lybell or Letters of Complaint and executiones therof at more Lenth is Contained, Which Lybell and answers made therto for the defender being this day Called and both parties Compearing personally with Sir Androw and Sir Patrick Homes his advocats and Sir David Thores Mr William Hoge and Mr Robert Whyt advocats for the defenders, The Lybell and answers made therto for the defender being read and both parties and their Lawiers being fully heard And the saids Lords haveing Considered the Lybell and whole matter They hereby Remitt the Lybell to be Sumarly insisted in and discust before the Lords of Councill and Session without abydeing the Course of the roll.