Warrant, 31 December 1695, Edinburgh

Edinburgh Tuesday The 23d Jully 1695 ante meridiem

D1695/7/10

D1695/7/10¹

Act

Act Walter Stewart provest of Bamff

Anent the petition given in to the Lords of his majesties privy Councill be Walter Stewart Provest of Bamff for himself and in name of the baillies of the said burgh Shewing That quher George Lord Bamff as is alledged being under Captione at the instance of Old barr as assigney to Sir David Thoris and James Nicolson of Trabroune (Both to the saids debts amounting to the Soume of ane thousands merks) They did Imploy John Duff messenger in Aberdein to put the saids Captiones in executione and as is alledged he was apprehended in the begining of May last and when he was prisoner It is likewayes alledged that the petitioners at ² Leist the said provest Stewart was requyred to give assistance and Concurrence and that they gave non Wherupon ane deforcement enshewed and my Lord Bamff was Rescued upon all which ther is ane Complaint raised before the saids Lords against the persones guilty or accessory to the forsaid deforcement and against the petitioners for not giving Concurrence and Concludeing that the petitioners ought to be Decerned in payment of the debt, and the day of Compeirance is the fifteinth of August ensewing as to which Its humbly Represented that all Contained in the forsaid Lybell in so farr as concernes the forsaid petitioners Is absolutely Calumnious For the petitioners at all occasiones are most willing and ready to give all due Concurrance and assistance to the puting of his majesties Lawes in executione, and it is weell knowen that they have behaved themselves since this revolutione both Loyally and dutiefully to his majesties government and it is also knowen that the petitioners are under these Circumstances with my Lord Bamff that the petitioners would not runn the risk of one farding for rescueing of him But secundo if the messenger hade intended to have detained my Lord Bamff his prisoner he might have Caried him wher he pleased, For he was apprehended wher he was all alone and that at half a myles distance from the said toune, Tertio if he hade Caried him to the petitioners prison house, He hade unquestionably been received and ther hade no tumult hapned, But instead of this he was taken to ane Comon taverne wher they did drink Liberally makeing their transactione So that this was to invite ane rable to rise Quarto Dureing all the forsaid time ther was no assistance nor Concurrance requyred, Bot as is Clear by the Lybell all that was done was that the provest was desired to give his Concurrance about the time when the rable was gott up, and to which he answered that he was willing to doe the same, and Imediatly he went to Call for the magistrats and officers instantly after the forsaid pretended shame requisition of Concurrance, my Lord Earlies servants and my Lord Bamffs oun did rescue him, So that in this matter the provest and the petitioners did all that was incumbent upon their parts But Quinto It is not pretended in the Lybell that the Captions were Showen to the provest nor neither the provest nor any of the rest of the petitioners did see the Lord Bamff in the Custody of Duff the messenger And Notwithstanding that the fact which is the ground of this Lybell was Committed in the begining of May and that the provest has been here ever Since that time for most part attending the parliament yet the Complainers have So Contryved it that his day of Compeirance should be the Fifteinth of August nixt which is both incertaine being in time of vaccance and most necessarly put him to the Charges of remaineing here till that time of giveing North upwards of ane hundred mylles and returning against the said day, The which does plainely make appear that the Complainers maine designe Is to put him to unnecessary trouble or to exact from him ane Soume of money and seing ther is nothing in this wholl affair that concernes the petitioners But what is merly Civill and ought to have been discussed before the Lords of Sessione And Therfore humbly Supplicating the saids Lords to the effect underwritten The Lords of his majesties privy Councill haveing Considered the above petitione given in to them be the above provest of Bamff for himself and in name of the baillies of the said burgh, They heirby Continue the dyet of Compeirance in the above Lybell untill the first day of November nixt and allowes any two of the magistrats of Bamff To Compeir in name of the provest and baillies of the said Toune.