Warrant, 31 December 1695, Edinburgh

Edinburgh Thursday the 8th August 1695

D1695/8/21

D1695/8/21¹

Act

Act Garden and others witnesses

Anent the petition given in to the Lords of his majesties privy Councill be James Garden of Ballastreen John Gordon of Burdland and Alexander and Robert Farquharsones for themselves and in name and behalf of the remanent witnesses cited in the proces at the instance of William Ewan in Contelich against William and John Gardens elder and younger of Bellamoir and in the exculpation raised theranent Shewing That wher the petitioners were Cited to Compeir before ther Lordships to bear witness in a proces pursued be the said William Ewan against the said William and John Gardens for their alledged accession to the Escape of a Murderer and Sending him to Flanders to be a Souldier in Stead of presenting him to Justice, And the defenders haveing raised ane exculpation the petitioners were also cited therupon as ther severall Copies therwith produced would instruct, And the petitioners in obedience to the saids Charges having Come over from their oun housses in November last Which is betwixt thrie and Fourscore of myles from this place most of ther depositiones were taken in the Cause upon advyseing wherof the Lords Ordained the defenders to pay to the pursuer the Sum of ane hundred pund Scots for defraying of his expensses in the process and which was instantly payed by the defenders as appears by the extract of the act and discharge therof therwith produced, And albeit the pursuer Cannot pretend that he was at a six pence of expensses in this proces either to Advocats Clerks or otherwayes yet he declynes to pay the petitioners their expensses altho his oun personall Charges was born by a gentleman whose Servant he was at the time and whose other bussines had brought him over here occassionally And Seing most of them are poor mean people and was necessitate to beg their bread home And tho the Lords of the Committie who took ther depositions Recomended them to the saids Lords to allow them their expences and that by the Copie of the principall Lybell therwith produced It appears they were Cited to the twentie two day of november Last And by the date of ther depositiones taken it appears they were detained twenty dayes and upwards before they were examined besides thrie dayes in comeing and thrie in returning home, And that the said fyne of ane Hundred pund Is Misapplied to the pursuers oun privat use without regaird to ther Lordships interloquitor And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petition bears The Lords of his majesties privy Councill Having Considered this petition given in to them be James Gairden John Gordon Alexander and Robert Farquharsones above Designed They herby Decerne and Ordaine the above William Ewan of Contelich To make payment to the petitioners and also to Alexander Sympson in Bridgend of Glentaner Donald Farquharsone of Cobletoune, William Duncan at the mylne of Biralyne George Lessly at the mylne of Biralyne John Shaw in Badnagreigul and Alexander Shaw ther witnesses cited and Compeiring in the above Lybell at the said William Ewans instance against William and John Gardens and others of the Soume of Sixtein Shilling Scots to each of the saids witnesses who were horss men, and Eight Shilling to each of them who were foott men per diem And that frae the Nynteinth day of November J^aj vi^c Nyntie four years to the Tenth day of December the said year being in all twentie two dayes And Ordaines Letters of horning on fiftein dayes and others needfull under the Signet of privy Councill to be direct heiron in forme as effeirs.