Decreet, 29 December 1698, Edinburgh

Edinburgh The Eight day of September J^aj vi^c Nyntie Eight years

D1698/9/3

D1698/9/3¹

Act

Act John Howname Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be John Howname younger Merchant in Langholme Shewing That wher the Supplicant haveing come to Edinburgh last day about his Lawfull affairs and particularly that of Merchandizeing the petitioner was to his great Surprize informed that Sir Patrick Maxwell of Sprinkell and one Langrave keeper of the prison in Carlyle (²be the instigation of John Maxwell of Broomholme a person Nottarly knowen to be dissafected to his Majesties government which he boasts of By keeping on his Long Beard of designe to Compell the petitioners to discharge him of a debt of fyve hundred Merks due by him to the petitioner and for payment wherof the petitioner has ane actione depending before the Shireff of Teviotdale Hath presented to the saids Lords a most Slanderous and Scandalous Complaint against the petitioner wherin they maliciously represent the petitioners to be a very extraordinar person by calling the petitioner a notorious Vagabound Cheat and rogue, and as if the petitioner were Lurking on both sides of the borders to Comitt villany, and that the petitioner was Lately Seazed on and Imprisoned in Carlyll and brock prison, And now (³In Respect ther is no border Commission for the time They Craved a Commission and warrand to Sprinkell, and Mr Duncan Mcarthur the Dutches of Buccleughs baillie in the saids bounds or any Imployed by them to search seaze and aprehend the petitioners person and to transport the petitioner to Carlyll in England ther to be Imprisoned upon which Suplication and informatione the saids Lords were pleased upon the fyth day of July last to grant warrand to aprehend the petitioners person till he fand baill to underlye the Law or otherwayes to Committ the petitioner to Joyle in any place within this kingdome incase of the petitioners not being able to find baill, Bot discharged the petitioners Transportation. It was Humbly Represented to the saids Lords that such addresses as these are, are of dangerous Consequences to his Majesties Leidges and particularly to the petitioners intrest Credit and reputation haveing Lived at Langholme under her Grace the Dutches of Buccleugh as merchant and inkeeper ther these sixtein years bygone and have keeped house and family with the petitioners wife bairnes and Servants these ten years by past And have not only the greatest Change bot also the greatest tradeing and Merchandizeing ther as is knowen to Mr McArthur the Dutches of Buccleughs Bailly and can be made appear by severall persons in Edinburgh upon oath, And the petitioner was never knowen to be the person the missrepresent him, nor could the Same be made appear, Bot on the contrair of honest fame and reputatione and Law byding, And as to the petitioners Escape out of Carlyll prison the samen was for a pretended debt which was of it self most unjust bot the petitioner not being able to find Cautione ther for such a Considerable Summe for which the petitioner was wrongeously greisted And finding ane oppertunity at Twelue of the Cloak in the day the petitioner made Civily his escape without any violent or base methods by breaking of prison or any thing of what nature bot being in Company with English Squyres and Gentlmen takeing the Air at that time the petitioner came a way and so returned home it being about five years since, And to Lett the saids Lords know the true ground for which the petitioner was areisted Some English men did persew the petitioner before the Lords of Councill and Session Which came in Course before the Lord Crossrig And They Finding after debate therin that the petitioner was like to be assoylzied therfrae they took up their proces and fell upon this divyce of areisting the petitioners person, which is a Summar method used throughout all Ingland albeit the person be not owing a six pence Bot Broomholme and his brother in Law Sir Patrick Maxwell their designe therin does not rest here Bot goes a greater Length for the petitioner haveing Lately pursued Broomholme before the Shirriff of Teviotdale for five hundred merks and the Samen being referred to his oath he delayed his deponeing, And instead of that made this applicatione thinking therby to frustrat the petitioner of his said Just debt, and not only so, Bot expects a farr greater reward by this noble exploit If his designe hade come to perfection for Joseph Reid Major of Carlyll and Bromholme actually transacted for delivering the petitioner up to⁴ him upon the English side And therafter the said majors wrot to him for that effect promiseing him a great reward as his missive Letter direct to him theranent which by good providence came to petitioners hand therwith produced would testifie, so that in effect his designe was to sell the petitioner to bondadge and slavery for if the petitioner hade Committed any thing worthy of Punishment the petitioner was and am willing to under-lye the Law, and for Civill debt the Law of the kingdome is patent and the petitioner was ready to answer and Law byding, and haveing ane Calling and Imployment of Merchandizeing and house and family in Langholme under her grace the Dutches of Buccleugh And Therfore Humbly Supplicating to the effect aftermentioned, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the within John Howname with a missive Letter mentioned therin and produced therwith, They Doe hereby Recall the Said former act granted by their Lordships of the date the fifth day of July Last bypast, And Declares the petitioner to be quyt therof and free therfrae in all time comeing, And Discharges the Same to be put to execution against the petitioner, And incase the petitioner be apprehended and Imprisoned be vertue therof, Doe hereby give order and Warrand to the Magistrats of Burghs and keepers of their prisons within which the petitioner may be to⁵ sett him at Liberty for which this shall be to all persones concerned a sufficient warrand