Macindoe v. Cowley, Wallace, Crawford, and French

This case concerns the forced enlistment and imprisonment for desertion of John Macindoe, Glasgow hair-dresser. In February of 1777, while in a drunken state, John Macindoe pledged himself to the army in exchange for a shilling from Ensign Hugh Wallace. A few weeks later, upon the order of Captain William Cowley, Macindoe was seized by a group of soldiers and imprisoned for refusing to enlist. Macindoe applied to the Court by a bill of suspension and liberation, and Lords Covington and Kennet ordered Macindoe set at liberty. Macindoe then brought action for damages and expenses against Wallace and Cowley, and against the bailies who had ordered his imprisonment. He claimed that his false imprisonment had led to the ruin of his business, and that he had been forced to enlist in another regiment out of necessity. Bailies French and Crawfurd, on the other hand, argued that because Macindoe was presently a soldier, therefore "the only consequence of his not being found a soldier in one regiment, was, that he would soon be a soldier in another.” They also argued that as bailies they had merely judged erroneously, and not acted out of malice. The Court assoilzied Crawfurd and French, as well as Cowley. Ensign Wallace then petitioned the Court for assoilment as well, stating that he had "innocently and bona fide" believed that Macindoe's enlistment was legitimate.