Warrant, 21 December 1699, Edinburgh

Att Edinburgh The first day of August J^aj vi^c Nyntie Nyne years

D1699/8/3

D1699/8/3¹

Decreet

Decreet James Waddell against Androw Garnoch²

Anent the bill of Suspension given in and presented to the Lords of his Majesties privy Councill be Androw Garnock in Buchanie and William Adinistoune of Campbuswallace Master and Landlord to the said Androw Garnock Shewing That wher the petitioners were lately charged be vertue of Letters of horning raised at the instance of James Waddell in Gimpack and Hary Christiesone procurator phiscall; to the Justiciary Court of the Midle district appointed for setleing and secureing the peace of the Highlands, To make payment to them of the Soumes of money following Viz to the said James Waddell the Soume of Thrie hundreth and Fourtie one pound Six Shilling Eight pennies Scots money of principall with two hundred pounds money forsaid of damnadge and expensses, And to the said Hary Christieson as Fiscall forsaid for the use of the said Court The Soume of Twentie seven pounds one Shilling four pennies money forsaid as the twentieth part of the forsaid Soumes, and that conforme to ane pretended decreet obtained at the instance of the saids Chargers against John Mcintyre Sometime in Bushany and the said Androw Garnock and the said William Adrinstoune as their master and Landlord for his intrest before the said Justiciary Court upon the twenty one day of March last by past within a Certain Short Space nixt after the Charge under the paine of rebellion and putting the petitioners to the horne who for alleadged disobedience intends to Cause denounce the petitioner therto or poynd the petitioners goods therfrae most wrongeously and unjustly, Considering it is of verity that the ground of the forsaid actione and decreet was for thriescore four Wadders alledged thifteously Stollen and away taken from the said James Waddell Charger and were alleadged to have been brought by the Steallers to the dwalling house of the said John Mcintyre and Androw Garnock and then billed and eaten, and the said Stelalers were for some time harboured and intertained by them this being the pursuers Lybell It was plainly a Criminall proces, and most relevant to inferr a Capitall punishment and the inviolable forme in all Criminall processes Ought to have been observant in this Viz a double of the lybell with a particular Condescendance of the names and designationes of the witnesses to be adduced Ought to have been delyvered to the defenders that they might have hade time to informe their defences and object against the witnesses Which being wholly neglected in this case the decreet is null and ought to be Simplicter Suspended, and the treuth is the witnesses that were made use of in this proces were so keeped up and detained in a closs room that the petitioner never so much as heard of their names untill they were brought out to depone before the Justiciars and then it was not suposable that the petitioner Could have relevant objectiones against men whom before that time the petitioner neither ever Saw or heard off, And yet notwithstanding it could evidently made appear that these very persones are the most villainous monsters in the Countrey and particularly Mcue and Donald Roy Fisher hade been heard frequently and most solemnly to promise the said William Adinistoune ane ill turne and to be revenged upon the petitioner for prosecuting his freind Archibald Fisher who hade Committed a Nottorious thift in my ground to death. Bot Secundo esto also the said Chargers hade past from any Criminall pursuit and restructed the Lybell the Simple restitutione yet in that case they behooved to have proven the number and value of the goods so alleadged to have been Spulzied Otherwayes then by the pursuers oun oath in Litem being only Competent to him in ane actione of recent Suplzie Which by the Law is Understood to be ³ when pursued within thrie years, Wheras this thift or spulzie is alleadged to have been Committed in the moneth of November or December J^aj vi^c nyntie thrie which is near six years agoe As appears by the decreet therwith produced and yet ther was no other probatione adduced in the proces either as to number or value Bot the pursuers Oath in Litem which is gross iniquity And Tertio the petitioners are most unjustly decerned to make payment of ane exorbitant Soume of damnadge without so much as oblidging the pursuer to give in a particular Condescendance far less to instruct the same which was most gross and absurd and they might with alse great Justice given decreet against the petitioner to the value of his whole fortune, And Therfore the forsaid decreet ought to be Simpliciter suspended Nevertheless the petitioners were Content Instantly to find Cautione And Therfore humbly Craveing the saids Lords would Grant warand for Letters to sumond the Chargers To Compear before the saids Lords at ane Certaine day Bringing with them the forsaid decreets Letters and to hear and See the samen suspended As in the said bill of Suspensione at more Length is Contained Which Bill of suspension and answers⁴ being this day read in principle of the Lords of his Majesties privy Councill And the saids Lords Haveing Considered both bill and answers being this day read in presence of the Lords of his Majesties privy Councill and the saids Lords haveing Considered both bill and answers They have Refused and hereby Refuses the said bill of Suspension And Finds the Letters at the Charters instance orderly proceeded And Ordaines the Same to be put to farder executione against the said suspenders