Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Second day of August One Thousand Seven Hundred years

D1700/8/4

D1700/8/4¹

Warrant

Warrand for ane Edictiall Citatione Anderson and others against Mcdonald and others

Anent a Petition given In to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Thomas Andersone in Molintyde Issobell Walker ther James Mery ther William Niven ther Jannet Jamesone relict of the deceast William Andersone, ther, James Ross ther, James Lesslie at the Milne of Williamstoune, Robert Demster in Brankienturne Mathow Coutts ther Patrick Mearnes in Greenishes, James Todd ther Androw Anderson in Over Williamstoune Patrick Lidenghame in Neath Williamstoune John Anderson in Tillmorgan, William Cruikshank their, Elspeth Mainey ther, Jannet Innes their, John Robertsone their, William Cruikshank in Woodend John Litle John in Fisherfoord, John Cruikshank in Cairnhill William Mitchell in Over Williamstoune Shewing That wher the saids Lordships petitioner haveing been most barbarously robbed some years agoe of all that the petitioners hade in the world by Gregor Mcdonald in Balnabo James Mcdonald their James Meldrum their tennants to Lauchlan Grant in Ballambo John McLauchlan in Dalabarver William Cruikshank their tennents to John Mcgrigor in Dallabarreir Duncan Doull in Wester Campdell John Grant alias McGillimicheall Donald Grant his brother ther John Grant their John Donan their Donald Down his Sone ther tennents to Gregor Farquharson of Wester Campdell James Riach in Findruin Allaster Riach his brother ther tennants to John Grant of Auchriacham John Grant in Fetter Letter, John Fleyming in Cauchlaw tennents to Alexander Gordon of Easter Campdell John Main in Glencowglass tennant to […] Grant of Carron Duncan McCaull in Leitch Thomas McComismoir their Allaster and Angus McCowlls ther John Geddies then tenants to the deceast Grant of Cambrackachie now to John Grant of Auchrianchin his Sone William Kaynd in Baddivockell tennent to John Grant of Weboy John Stewart Brother to Lessmordo John Forbes at the Milne of Lessmordie Thomas Stewart in Deskie John² Stewart in Ballandie Alexander Stewart in Deskie then tenants to John Gordon of Deskie now to John Grant of Tomawillan John Ross in Clashamorie then tennant to the deceast Robert Grant of Combrachachie now to the said John Grant of Auchriachan his Sone John Mcantor in Badivochell tennents to John Grant of Nevoy James Mughaugh at the mylne of Rifries tennent to James Stewart of Auchriacham And the petitioners haveing Comenced ane process before the Highland Justiciary against the Saids fornamed persones, and their Land Lords and Chiftians of Clanns for repairatione of the petitioners Losses and damnadges, Bot the Commission for the Said Justiciary haveing expyred before any thing was done upon the said lybell the petitioners said process fell to the ground and the petitioners being now to renew the Samen and to persew the said depredators before the saids Lords And ther being severall of them who are now vagabounds and have no Certaine place of residence or to whom there is not titus accessus, And Likwayes the petitioners by the said depredation being reduced to extream poverty and want which initrely incapacitates the petitioners to pursue the same hitherto and proces it before the saids Lords Requyreing the personall presence both of the pursuers and defenders and it being altogether Impossible for the petitioners who have nothing to defray their Charges to come up here And prosecute the said actione themselves And that the petitioners are Content to grant a factory and power to Some of the saids ³ number to follow furth and pursue the same And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned As the said petition more fully bears, His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them be the above Thomas Andersone and many others They doe hereby Allow their Clerks of Councill to give out a lybell at the petitioners instances against the persones above named And Grants Warrand for ane edictall Citatione therin to be used against such of the defenders who either have no Certaine residence or to whom there is not tutus accessus, And that at the Marcat Crosses of the Shyre wher they haunt frequent or Live, And Likewayes Dispennes with the Compearance of the haill pursuers, And Declaires that if any two of them Compear with a factory from the rest, They will Sustaine the persone or persones so Compearing alse Sufficence as if the haill pursuers Compearing personally Which they hereby dispence with.