Series 1 > Records of the Proceedings of the Justiciary Court Edinburgh, 1661-1678 > Volume 2, 1669-1678

1670]
JUSTICIARY PROCEEDINGS
25
Edinbr. 6, 8 and 11 of July 1670.
The 6 day Stamfield agt. Phinnick, continued, also the Stampfield agt.
■ 11 j? • T 1 . Phinnick his
1 nail 01 Gavin Johnston. Serv1 for
The said 8 day Sir Geo: McKenzie Procurator for James ^efts nS and
Stampfield declares that he insists against the Pannell Phin¬
nick adpoenam extraordinariam and not for Theft, and the King’s
Advocate declares he concurrs and insists for raising of ffire.
The Justices finds the Dittay relevant for fire raising and
ordains the same to pass to the knowledge of an Assize.
The Assize being sworn, my Lord Advocate produces the
Pannell’s own Confession taken in presence of the Justices,
bearing that a head of a bed in her master’s house being torn
by her fault, she for fear .that her mistress should cause her
pay the loss, which she was not able to pay, it being of a
considerable value, carryed a lighted candle to the room, and
having taken the covering off the bed, fired it with the
Candle, supposing her mistress would think it was done
accidentally and immediately thereafter locked the doors
and went out to the dwelling house where her Master pre¬
sently lives. As also declared that she tore the covering to
make a coat of it, and then fearing her Master would dis¬
cover it, the Devill put it in her mind to fire it to conceall
the renting of it, and condescends on all the ways and the
severall times of firing by candles.
Upon this Confession and the probation of Witnesses, the
Assize found the Pannell guilty of the fireraising mentioned
in the Indytement, and thereupon she is commanded back to
prison and on the 11 day the pronouncing of the Sentence is
continued.
James Comrie craves pardon and is suspended for upbraid¬
ing James Stamfield.
Maxwell against Johnston continued till the morrow.
Edinbr. 12 July 1670.
Maxwell, Relict of James Armstrang and his nearest of kin
against Gavin Johnstone for the Slaughter of her husband,
deserted, and the expences of the present Witnesses modified.
Comrie, Messenger, reponed.