Warrant, 31 December 1695, Edinburgh

Edinburgh Tuesday the 6th August 1695

D1695/8/6

D1695/8/6¹

Act

Act Hew Sandilands baillie of Calder

Anent the petition given in to the Lords of his Majesties privy Councill be Hew Sandilands baillie in Calder Shewing That wher by the saids Lords warrand in may last the petitioner was cited to Compeir before the saids Lords upon the Nynth of Jully therafter To answer to ane Complaint at the instance of his majesties advocat for alledged contempt and high misdemeanor in Dispiseing orders and refuseing to provyde and dispose in quarters some of the officers or dragoons of the Lord Carmichealls regiment in their march throw that bounds, albeit they had provyded furrage for themselves and only asked house-room and for the petitioners not Compeirance their was an Warrand Issued furth to apprehend the petitioner Which accordingly was put in execution And the petitioner Comitted prisoner within the Tolbooth of Edinburgh wherin he still remains as to Which it was humbly Represented That the petitioner haveing received the Citation, He did apply himself to Sir Thomas Livingstoune Major Generall then Comander in Cheiff and the said Lord Carmicheall in presence of Captaine Denholm whose troop it was That was alledged to have been treated so injuriously and did represent to them (as the truth is) That the petitioner was ane Considerable space of before Discharged by the Justices of peace to Midle with the quartering of Soulders or granting billetts to them, and the trust therof Comitted to one Gaving Jamisone, Which the said Gavin did upon all Occasions performe as he was Requyred And in the present case orders haveing come to him to provyde quarters for the said troope in Midle and East Calders, He did draw billetts Accordingly, But when the troope came ther Being only to remaine for a night or two as they pretended they would not divide, and Gavin Jameson not being at home, The Comanding officer did Call for the petitioner and demanded quarters for the wholl troop within Midle Calder To whom the petitioner told that ther was never more quartered in Midle Calder at once then half ane troop and that unless the inhabitants should all part with ther beds It was Imposible to accomodate more And yet Nevertheless for the soulders accomodation and ease He would advyss the Nighbours therto for one night, and which was accordingly done and the soulders accomodate From which representatione, The said Major Generall and Lord Carmichell being Convinced that the Complaint being groundless They did allow Captaine Denholme and Mr David Douglass to siginfie² to Sir Gilbert Eliot that in their opinion the Complaint Might be lett fall, Which accordingly they did Notwithstanding whereof at the day of Compeirance the petitioner haveing attended which he Could instantly instruct and not being Called, he thereafter returned home and rested Secure untill he was apprehended being Conscious of his oun Innocence And Seing this is the true matter of fact Primo that the petitioner hath not the power of ordering billots for quarters within that bounds, Secundo that the forsaid troope Got as good accomodation as so strait ane quarter would admitt of Tertio That the said Major Generall and Lord Carmichell were satisfied upon hearing the petitioner theranent Quarto That the petitioner did attend at the day of Compeirance and was not Called And Therfore Humbly Craveing the saids Lords in Consideration of the premisses would grant warrand for setting the petitioner at liberty at least upon his finding Suficient Caution to Compeir againe befor the saids Lords and answer to the Complaint when called as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Hew Sandilands They hereby Recomend to his Grace James Duke of Queensberry Comander in Cheiff for the time of his Majesties forces within this kingdom to give order for the petitioners Liberation incase he shall see Cause or find Just.