Warrant, 31 December 1695, Edinburgh

Edinburgh Tusday the 26th day of November 1695

D1695/11/26

D1695/11/26¹

Decreet

Decreit Suspending the letters Ewan against Garden and others

Anent the bill of suspension given in to the Lords of his majesties privy Councill be the poor boy William Ewing in Contullich Making Mentione That wher he was Charged with letters of horning to make payment to James Garden of Ballastrin John Gordon of Borland Alexander and Robert Farquharsone now of Bellamair, Alexander Simpson in Brydend of Glentaner Donald Farquharson of Cobltoune William Dundan at the milne of Brace lyne George Lessly at the milne of Dunatie, John Shaw in Bognagugall and Alexander Shaw ther and severall other witnesses of the sum of sixtein shilling scots to each of the saids witnesses as horss men and Eight Shillings Scots to each of them who are footmen per diem And that from the Nynteinth day of November J^aj vi^c nyntie four to the tenth of December therafter being in all twentie two dayes Conforme to the saids Lords act of the date the […] day of […] Last by past, And that within ane Certaine Short space nixt after the Charge under the paine of rebellion and puting of the petitioner to the horne or paynding their goods therfore most wrongeously and unjustly primo because the Charge of horning given the petitioner and therwith produced under the hand of William Mcfarland messenger is generall and informall Not Condescending how many of the Chargers were horss or footmen nor upon the date of the saids Lords act and when the same was obtained, yea the petitioner Is Charged to make payment to the witnesses in generall whose names Is not exprest in the forsaid Charge of horning As the said Charge instantly would testifie Secundo the forsaid act was pronunced by the saids Lords against the petitioner parte in Andita Not proceeding upon a Citation but upon a Sumar petition Clandestinely given in against the petitioner when he was not within a hundred mylles of the City of Edinburgh For hade the petitioner hade gotten any Citiation or known of any such petition the petitioner would have alledged Likeas he does now alledge that he Cannot be Lyable to pay any expences to the saids witnesses Because ther being ane horrid murder Committed upon the persone of James Ewing the petitioners brother by William and John Masones in Foundarrach the petitioner did therupon Imediatly make application to the Shiref of Aberdeen got them Declared Fugatives and therafter the petitioner haveing apprehended the murderers They were Refined from me by William and John Gordon of Bellamar and not Content therwith the Saids William and John Gardens did Imediatly therafter Sease upon the petitioners poor brother the defuncts goods and geir without any order of Law keept and detaine the petitione prisoner took away the petitioners armes and Committed a great many other attorcious and Illegall acts, and the petitione having pursued them before ther Lordships for So great and manifast acts of oppressione the matter was by the saids Lords of privy Councill Remitted to the Lord Justice Clerk Sir John Maxuerll and others to examine witnesses hinc inde and after report the saids Lords in a full Councill upon the threttein day of December J^aj vi^c nyntie four years Decerned and Ordained the saids William and John Gardens of Ballamoir to pay to the petitione ane hundreth punds Scots of fyne for defraying the expences he hade been at in the proces and another hundreth pund for ther withdrawing and absenting themselves when the Sentance was pronunceing against them to be declared fugatives, But upon a Second applicatione made by them to the saids Lords they were appointed to Crave pardon upon ther knees Wherby the hundreth punds Decerned for Continuance was Remitted to them, But adhered to that part of the interloquitor appointing them to pay to the petitioner ane hundreth pund And Ordained them to goe to prisone untill it were done As the extract or Just double of the petitioners decreet therwith produced would testifie From all which it Clearly instructed to the saids Lords that the petitioners proces was both relevant and proven against the saids William and John Gardens and they fined upon the accompt of the saids Severall oppressions, And the fyne being but ane hundred pund scots was truly bestowed by the saids Lords for the petitioners own particular trouble and expence in the said proces And the defenders who Succumbed in the action ought in Law equitie and reason and Conforme to the saids Lords Constant Custome been ordained to pay the witnesses expences, And all of them were so Conscious therof That albeit this proces was depending in December J^aj vi^c nyntie four, yet they never applyed to the saids Lords for expences till June or Jully Last when the matter was then forgott by most part of the saids Lords number and hade the forsaids defences been proponed for the petitioner prima instantia They would certainly have assoylzied the petitioner from the desire of the forsaid petition And being now proponed Secunda instantia It was hoped the saids Lords would receive the Same for this poor boy by way of Suspensione And so the saids Lords might Justly perceive etc And Seing he was not in a Conditione to find Suficient Caution for the forsaid soumes he was Content to discuss the reasones upon the bill before the saids Lords Or Otherwayes that the saids Lords would be pleased to pass this Suspensione without Cautione And Therfore etc the forsaid letters and Charge ought to be Suspended etc And Therfore Humbly Craving the saids Lords would Grant letters for Sumonding the saids Chargers To have Compeired before the saids Lords at ane Certaine day now bygone Bringing with them the forsaid act To have been seen and Considered be the saids Lords And to have heard and Seen the same Suspended upon the said Suspender in all time comeing for the reasones and Causes forsaid and others As in the said bill of Suspension at more length is Contained The Lords of his Majesties privy Councill Having Considered the forsaid bill of suspension given in to them be the said poor William Even in Cantullich against Garden and other witnesses Togither with the verball report of the Committie of privy Councill to whom the same was Remitted They hereby Suspend the letters and Charges raised at the instance of the Chargers against the Suspender Simpliciter upon the said Suspender in all time comeing Reserving allwayes to the Chargers to insist against William and John Gardens of Bellamores elder and younger defenders in the proces wherin the Chargers were cited as witnesses for ther expences as accords in law.