Warrant, 31 December 1695, Edinburgh

Hollyruidhouse Tuesday 4th June 1695

D1695/6/6

D1695/6/6¹

Act

Act Robert Hamiltone

Anent the petition given in to his majesties high Commissioner and Lords of privy Councill be Robert Hamiltone Clerk of the Tolbooth of Edinburgh Shewing That the petitioner has been prisoner in the Tolbooth of Kirkaldie since the fourtein day of February Last be vertue of ane Captione at the instance of one Mr John Mowat Advocat who did most unjustly keep up severall papers that belonged to one Alexander Campbell of Barnilling and the petitioner and altho neither the said Alexander Campbell nor the petitioner was not any way owing a farding to the said Mr John either by word or wryt or any other way, nor did he ever doe any thing for them but to the Contrar hath done them very much hurt so that by means they Could gett the papers from him till the petitioners granted a bond to him for the Soume of Eleven hundreth fourtie seven punds scots money, For which he was according to his promise to be ane advocat for them in all that they should have to doe before the Lords of Councill and session be vertue of the severall processes that these papers belonged to, That he hade and knew of his telling us that he Could be soon much more in our way then the soume was worth and if the petitioners did not grant it he would be much more out of ther way So the petitioners beleiveing his word and fearing that he might have given the papers to the parties who was resting Considerable soumes of money to them were perswaded and prevailled to give him bond for the said soume, Which was not to be payed untill they gott the money be vertue of the severall processes, to Which these papers belonged altho he Contrary to ther Comuneing drew the bond bearing payment at Lambes J^aj vj^c nyntie four Which the petitioners scroupled at when they subscryved it, But he againe promised that altho it did bear payment then yet he should not seek it untill he gott it by some of the processes only he would have annualrent from the date of it This moved them to give him bond which they did in June J^aj vj^c nyntie thrie, And yet the petitioner Could never gett the papers from him till march J^aj vj^c nyntie four, and then the petitioner gott but a part of them, the rest he has not given yet, though he many a time promised to give them and when the petitioner got these that he gave him The said Alexander Campbell being then at Home he gott a bond from the petitioner of the soume of Thrie thousand merks instead of the² Eleven hundred pund bond, and was to have given the petitioner up the first bond, Which he never did yet, But most unjustly raised a Captione against the petitioner and sent him to that place of purpose to hinder hi to have the benefit of Law fearing that the petitioner would reduce the bond and when he sent for the petitioner to speak to him at his house he sent the petitioner Imediatly to this place and would not suffer the petitioner to goe allong with the messenger to my Lord advocat to delyver the keyes of the Closs roomes In Respect that non would take them but such as he ordered The petitioner having the Charge of the Closs prisoners from the privy Councill as he told him, and offered to Lett him see two acts of Councill for that effect, He answered that he did not value both a Snuff and it seems he intends to keep the petitioner here of purpose that the petitioner being so farr from Edinburgh may not have the use of advocats to Consult yea the petitioner hears that he threatens to send him to Brichen or Aberdein, so except the saids Lords prevent it the petitioner cannot expect being at so great a distance to gett the petitioner any Remeed of Law Which he would certainly gett if he were in Edinburgh Tolbooth wher the petitioner is Content to remaine in prison untill Law decyde the matter And Therfore Humbly Craveing the saids Lords would be pleased to Consider the petitioners Conditione and the unjustness of this pursuer and Grant warrand for transporting the petitioner from this to prison to the Tolbooth of Edinburgh quher he might have the benefyt of Consulting advocats in getting thise bond reduced before the Lords of Councill and that in the mean time the petitioner may be in case to serve the government in keeping of the Closs prisoners as he hade done these five years past for the petitioner is not able to mantaine himself here and his familly at home, The said Mr John Mowat having arreisted all the petitioners dues in the Tolbooth thinking to gett the petitioner therby to doe what he pleases as the petition bears His Majesties high Commissioner and the Lords of his majesties privy Councill Having Considered this petition given in to them be the above Robert Hamiltone Clerk to the Tolbooth of Edinburgh They heirby appoint the magistrats of Kirkaldie to Transport the petitioner to Edinburgh or Leith and Delyver³ him to the magistrats of any of these two places and the magistrats who shall receive him to Comitt him prisoner to the Tolbooth of Edinburgh that he may be in a case to serve the government in keeping the Closs prisoners within that Tolbooth as he has hitherto done untill the ground and Cause of the said petitioners Imprisonment be Discussed.