Warrant, 21 December 1699, Edinburgh

Att Edinburgh the Twentie Seventh of July J^aj vi^c Nyntie Nyne

D1699/7/13

D1699/7/13¹

Act

Act Gilbert Campbell anent Maxwell

Anent the petition given in to the Lords of his Majesties privy Councill be Mr Gilbert Campbell Merchant in Edinburgh Shewing That wher Alexander Maxwell Butcher in the Cannogate Did under cloud and Sillence of night in a most barbarous and inhumane manner attacque and fall upon the petitioner upon the kings high Street goeing peaceably home to his Countrey house and did beat the petitioner to the effussion of his blood buised and wounded the petitioner in severall parts of the petitioners body and robbed the petitioner of his staff and that without the least provocation or so much as exchange of one single word, and if by the providence of God the nighbours who heard the petitioners doolfull cryes of Murder hade not rescued the petitioner, and that with much difficulty from the hands of that Cruell Bloody Butcher he hade not only robed the petitioner of what else the petitioner hade about him, but hade also murdered the petitioner The petitioner haveing meaned himself to the Baillies of Edinburgh, who after the examination of severall witnesses Found the Complaint to be true, and ordered the officers to apprehend Maxwell, who was accordingly apprehended Bot made his escape from the officers after his usuall maner As the Lybell before the baillies with the witnesses Depositiones therwith produced would testifie, Therafter being apprehended is Imprisoned, and now applyes to my Lord advocat to be Liberat In respect he hath a Small and great family which cannot be Subsisted without his industrie and is Content on his knees to Crave pardon and offers the petitioner back his bean, and content to find Caution to keep the peace, The petitioner Humbly Representeth that it is meer necessity that Causeth him now acknowledge his fault and not the Sense of the evill he hath done For altho It is more then two moneths Since he did Committ the villany, yet till Just now he never either acknowledged his Fault or offered the petitioner back his beam so that if he should be sett at Liberty the petitioner and his Small familly who have Lived peaceably and in respect with the whole Nighbourhead durst not promise themselves ane hours safety from the wicked attempt of that Cruell butcher whose whole life consists of a Tract of Murdering robbing and Cheating practises as wes nottour to the greatest part of the kingdome which with his four or fyve Bills of Bonorum are Sufficient Arguments they should not be sett at Libertie without at least being punished as the saids Lords should think fitt, and finding Sufficient Caution which the Cautioner he offers is not being one of his oun going and not with a farding And Therfore humbly Craveing the saids Lords would not only have regaird to the Safety of the petitioner and his familly Bot also to the Common good of the Nighburhead by punishing the Cruell Butcher according to the demerit of his Cryme As the saids Lords should think fitt, and to Continue him in prison till he find Caution to keep the peace without which the petitioner Declares he cannot be Sure of his life one Moment as the said petition in it self more fully bears Which Petition being upon the Twentie fyfth of July instant Read in presence of the Saids Lords of his Majesties privy Councill They by their interloquitor That day appointed and ordained the above Alexander Maxwell to Continue prisoner in the Tolbooth of Edinburgh wher he now lyes untill furder order of Councill and in the mean time Recommended to a Committie of the saids Lords oun number to call for both Mr Campbell the petitioner and Maxwell the flesher and to hear them in the forsaid affair and to examine such witnesses as should be aduced before them at the instance of either partie, And to Consider the depositiones of the witnesses already adduced before the baillies of Edinburgh, Which Committie haveing accordingly mett They made their report to the saids Lords of privy Councill in the termes following viz That they haveing heard the depositiones of the witnesses taken before the baillies of Edinburgh It is their oppinion That Maxwell the Butcher has aggressed Gilbert Campbell and has beatten and wounded him, and haveing called Baillie Warrander before whom the witnesses deponed he informed the Committie of Maxwells Turbulent Life, and that he has frequently fallen in such disorders, and was with great difficulty apprehended haveing deforced the haill Towne officers, and the magistrats were forced to Imploy the Toune guards It is the Committies oppinion That before Maxwells Liberatione He should find Caution of Laborows before the Councill in Comon forme And farder should be examplarly punished as the Councill Shall think fitt as the said report bears And the saids Lords of his majesties privy Councill Haveing this day Considered the Said Report They hereby approve of the Samen, And ordained the said Alexander Maxwell to find Caution of Laborows before the Councill in Comon forme for the said Mr Gilbert Campbells furder security, Which before extracting hereof is done accordingly And Allowed the said Mr Gilbert to raise a Lybell against the said Alexander Maxwell before the said Tolbooth of Edinburgh wher he now lyes untill the said lybell should be raised and discussed at least till the first day of August nix to come² betwixt and which the said lybell may be raised and discust.