Decreet for Mungo Murray against Donald Miller

Anent the supplication given in to the lord commissioner's grace and estates of parliament by Mungo Murray, pursuivant, showing that the supplicant, being in the last expedition in the north in his majesty's service, and being towards the head of Loch Earn, one called Donald Miller, a trooper in [John Murray], earl of Atholl's regiment, having conveyed himself away and having capitulated to the English at Falkland, conducted a party of them to the same place where the supplicant was lying, who was forced to flee away and swim a water for his life, which party took away the supplicant's horses, arms, saddle-bag and clothes amounting to the value of one hundred pieces or thereby; therefore, craving that the said Donald Miller, defender, might be decreed to make restitution to the supplicant of what he so treacherously took from him, and that such further punishment might be inflicted upon him as the commissioner's grace and estates of parliament should think fit, as the said supplication at more length bears. The supplicant compearing via Mr John Cunningham, advocate, his procurator, and the said defender being lawfully summoned to this action, often called and not compearing, the said estates of parliament, having heard, seen and considered the said supplication and they therewith, and with the deposition of several reputable witnesses taken in the said matter, being well and ripely advised, his majesty, with advice and consent of his said estates of parliament, decrees and ordains the said Donald Miller, defender, to make payment to the said supplicant of the sum of £100 sterling for the cause aforesaid, because the lords and other commissioners appointed for trade and bills, to whom the said matter was referred, upon consideration of the said supplication, empowered Sir John Urquhart of Cromarty and Sir [Archibald] Murray of Blackbarony, two of their number, to take and receive the oaths and depositions of several witnesses upon the points of the libel above-written, and having advised the depositions of the said witnesses taken in the said matter and seriously considered the whole circumstances of the cause, found that the said Donald Miller, defender, was conductor of and guide to the said English party who took away the supplicant's horses and other furniture libelled, and therefore conceived that the defender ought to be decreed to make payment to the supplicant of the sum of £100 sterling. Which report, being this day considered by the said estates of parliament, they approved the same and gave their decreet in manner above-written, and ordains letters etc.

  1. NAS. PA2/27, f.42v-43v.