Act, 18 February 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Eighteinth Day of Februaryij Jaj vjc Nyntie tuo years

A1692/2/851

Act

Act officers of Earle of Angus’s Regiment

Anent the petitione Given in to the Lords of there Majesties privie Counsell be Daniell Ker of Kersland major to the Earle of Angus his Regiment and John Campbell of Moy one of the Captains thereof Shewing That where the petitioners and other officers in the said regiment being there upon there Majesties orders for recruits for flanders And particularly Lievetennent Alexander Gordone being at Air the first of Februarij Instant And haveing with allowance and Concurrence of the Magistrats there Caused beatt drums throw the toun for Inviting men to there Majestyes service in the said regiment one William Logan a fellow who hade been formerly engadged in the said Captain Campbells Company and hade therefter runne away from his service Came at the said toun of Air and offered voluntarly to take one as a souldier with the said Leivetennent Gordone and receaved money from him for engadgeing him Notwithstanding whereof Patrick Ramsay late Collector at Air afterwards be his servants and his Complices to the Number of ten or thereby Came and Carryed the said William Logan away from Leivetennent Gordons quarters most violently And also at the same tyme James Stewart sone to Shawwood with his Complices violently took away from John Mcgavine serjeant his quarters aneother fellow Called […] who wes six weeks befor Engadged be the petitioner Major Ker for there Majestyes service and hade receaved pay for the said space And the said Patrick Ramsay’s servant did most grievously beatt and abuse the said Leivetennent Gordons servants the tyme that they took away the said William Logan And there after both the said William Logan and the said […] were violently Contrair to there oune Inclinatione Carryed away by the forenamed persones and there Complices and servants and keeped up by them Closs from Leivetennent Gordon and Serjeant Mcgavine in ane taverne in Air Called the Ladie Capringtouns whereupon Leivetennent Gordon went to the proveist of Air And Informed him thereof And got three toun officers from the proveist for makeing search for the saids tuo men that hade been violently taken away And there upon Leivetennent Gordon and Serjeant Mcgavine with the saids toun officers went to the forsaid taverne And in King William his Name demanded back the saids tuo men who hade been taken away violently, whereupon the saids Patrick Ramsay James Stewart George Cunningham of Bridgehouse Sir Archibald Kennedie of Colzean Alexander Crafurd of Kerss […] Mcilbain younger of Grimmett and Robert Muir of Murkwood and there servants and Complices being there detaining the the2 saids tuo men Did in a most furious way and maner Come out at a door of the house that wes unknowen to Leivetennent Gordone and Surpryze and dissarme him And while the Leivetennent retired They persued him and beatt him with pistolls and swords most Grievously And hade thrust him throw with there swords If he hade not got some defence from Serjeant Mcgavine And thereafter they Carryed Leivetennent Gordon up prisoner to the taverne and detained him there for some space untill the proveist came And suchlyke they did most violently beat serjeant Mcgavine, And after all this Patrick Ramsay persued Robert Sinclair servitor to the petitioner Captain Campbell in to James Tannahills house and with a pistoll beat him thryce upon the head to the great effusione of his blood whill he wes struck doun to the ground And could scarcely be restrained from the actuall murder of him And farder in this Interim there were most wicked and3 treasonable speeches heard uttered among the forenamed persones and there accomplices againest there present Majestyes and there government and those that served under them Likeas the said William Logan is yet still violently detained be the said Patrick Ramsay And the said […] the other fellow hes made his escape throw the forsaid abuse and dissorder occasioned by the saids persones All which not only resolves in the great affront and abuse of there Majestyes Comissionate officers whill in the prosecutione of there majestyes orders for recuits Bot also the same is a direct affront done to there majestyes and there Government And in high and proud contempt thereof the petitioners not haveing now tyme allowed for any tedious prosecutione of the said matter Againest the saids persones by reasone of there goeing for Flanders for this Majestyes service And therefore humbly Craveing the saids Lords would take the premisses to there serious consideratione and to grant such warrands and orders as may be Imediatly effectuall for redressing the saids Injuries done to the petitioners whill prosecuting there majestyes orders for recruits as said is and for the due punishment of the forenamed persones and the accomplices as being grievous offenders Againest there present Majestyes and there Government As the said petition bears The saids Lords of there Majesties privie Counsell haveing Considered this petitione Given in to them be the saids Major Ker of Kersland and others officers of the Lord Angus his regiment They hereby Appoint and Requyre there Majesties sollicitor and his assistants Instantly to raise and with all expeditione to follow furth a Lybell at there Instance upon the publict Charges Against the above Patrick Ramsay James Stewart George Cunningham Sir Archibald Kennedie Alexander Crawfurd […] Mcilbain and Robert Muir for Citeing these persones To Compear befor the saids Lords of privie Counsell upon the […] day of […] and ansuer to the above crymes And Grants warrand for Citeing of witnesses And in the mean tyme the saids Lords doe hereby give warrand to, and requyre the shirreff principall of the shirreffdome of Air and his deputs and the magistrats of the burgh of Air to Cause make search for, and seiz upon the said Patrick Ramsay James Stewart and George Cunninghame and cause each of them to give bond with sufficient Cautione under the penalty of Fiftie pound sterling a piece That they shall appear befor the saids Lords of privie Counsell and shall attend the severall dyetts of the process to be raised againest them And that they shall give obedience to the Counsells sentence to be pronunced therein And in case the saids persones or any of them shall faill in giveing bond and finding Cautione as said is The saids Lords appoints the said shirreff principall or his deputs and the magistrats of the toun of Air To Comitt the persones failziers to prisone and cause transport them under ane sufficient guaird to the shirreff of the next shyre And so from shirreff to shirreff untill they be brought to the tolbooth of Edinburgh And appoints the Magistrats of Edinburgh and keeper of the said tolbooth To Receave the saids persons and detain them prisoners in there tolbooth untill farder order And appoints the forsaids bonds to be transmitted to the Clerks of privie Counsell

At Edinburgh 18 February 1692

A1692/2/851

Act

Act officers of earl of Angus’s regiment

Concerning the petition given in to the lords of their majesties’ privy council by Daniel Kerr of Kersland, major to [James Douglas] the earl of Angus his regiment, and John Campbell of Moy, one of the captains thereof, showing that where the petitioners and other officers in the said regiment being there upon their majesties’ orders for recruits for Flanders, and particularly Lieutenant Alexander Gordon being at Ayr [on] 1 February instant and having with allowance and concurrence of the magistrates there caused beat drums through the town for inviting men to their majesties’ service in the said regiment, one William Logan, a fellow who had been formerly engaged in the said Captain Campbell’s company and had thereafter run away from his service, came at the said town of Ayr and offered voluntarily to take on as a soldier with the said Lieutenant Gordon, and received money from him for engaging him. Notwithstanding whereof, Patrick Ramsay, late collector at Ayr, afterwards by his servants and his accomplices to the number of ten or thereby came and carried the said William Logan away from Lieutenant Gordon’s quarters most violently. And also at the same time James Stewart, son to Shawwood with his accomplices violently took away from John McGavin, sergeant, his quarters another fellow called […], who was six weeks before engaged by the petitioner Major Kerr for their majesties’ service and had received pay for the said space, and the said Patrick Ramsay’s servant did most grievously beat and abuse the said Lieutenant Gordon’s servants the time that they took away the said William Logan. And thereafter both the said William Logan and the said […] were violently contrary to there own inclination carried away by the forenamed persons and their accomplices and servants and kept up by them close from Lieutenant Gordon and Sergeant McGavin in a tavern in Ayr Called the Lady Caprington’s. Whereupon Lieutenant Gordon went to the provost of Ayr and informed him thereof and got three town officers from the provost for making search for the said two men that had been violently taken away, and thereupon Lieutenant Gordon and Sergeant McGavin with the said town officers went to the foresaid tavern and in King William his name demanded back the said two men who had been taken away violently, whereupon the said Patrick Ramsay, James Stewart, George Cunningham of Bridgehouse, Sir Archibald Kennedy of Culzean, Alexander Crawford of Kerse, […] McIlbain, younger of Grimmet, and Robert Muir of Monkwood and their servants and accomplices being there detaining the said two men, did in a most furious way and manner come out at a door of the house that was unknown to Lieutenant Gordon and surprise and disarm him. And while the lieutenant retired, they pursued him and beat him with pistols and swords most grievously and had thrust him through with their swords if he had not got some defence from Sergeant McGavin. And thereafter they carried Lieutenant Gordon up prisoner to the tavern and detained him there for some space until the provost came. And suchlike they did most violently beat Sergeant McGavin. And after all this, Patrick Ramsay pursued Robert Sinclair, servant to the petitioner Captain Campbell into James Tannahill’s house and with a pistol beat him thrice upon the head to the great effusion of his blood while he was struck down to the ground and could scarcely be restrained from the actual murder of him. And further in this interim there were most wicked and treasonable speeches heard uttered among the forenamed persons and their accomplices against their present majesties and their government and those that served under them. Likewise the said William Logan is yet still violently detained by the said Patrick Ramsay and the said […], the other fellow has made his escape through the foresaid abuse and disorder occasioned by the said persons. All which not only resolves in the great affront and abuse of their majesties commissioned officers while in the prosecution of their majesties’ orders for recruits, but also the same is a direct affront done to their majesties and their government, and in high and proud contempt thereof. The petitioners not having now time allowed for any tedious prosecution of the said matter against the said persons by reason of their going for Flanders for their majesties’ service, and therefore humbly craving the said lords would take the premises to their serious consideration and to grant such warrants and orders as may be immediately effectual for redressing the said injuries done to the petitioners while prosecuting their majesties’ orders for recruits as said is, and for the due punishment of the forenamed persons and their accomplices as being grievous offenders against their present majesties and their government as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the said Major Kerr of Kersland and other officers of the Lord Angus his regiment, they hereby appoint and require their majesties’ solicitor and his assistants instantly to raise and with all expedition to follow forth a libel at their instance upon the public charges against the above Patrick Ramsay, James Stewart, George Cunningham, Sir Archibald Kennedy, Alexander Crawford, […] McIlbain, and Robert Muir for citing these persons to compear before the said lords of privy council upon the […] day of […] and answer to the above crimes, and grant warrant for citing of witnesses. And in the meantime the said lords do hereby give warrant to, and require the sheriff principal of the sheriffdom of Ayr and his deputes and the magistrates of the burgh of Ayr to cause make search for, and seize upon the said Patrick Ramsay, James Stewart, and George Cunningham, and cause each of them to give bond with sufficient caution under the penalty of fifty pounds Sterling a piece that they shall appear before the said lords of privy council and shall attend the several diets of the process to be raised against them, and that they shall give obedience to the council’s sentence to be pronounced therein. And in case the said persons or any of them shall fail in giving bond and finding caution as said is. the said lords appoint the said sheriff principal or his deputes, and the magistrates of the town of Ayr, to commit the persons failing to prison and cause transport them under a sufficient guard to the sheriff of the next shire, and so from sheriff to sheriff until they be brought to the tolbooth of Edinburgh. And appoint the magistrates of Edinburgh and keeper of the said tolbooth to receive the said persons and detain them prisoners in their tolbooth until further order. And appoint the foresaid bonds to be transmitted to the clerks of privy council.

1. PC1/48, 60-63.

2. Sic.

3. The word ‘and’ has been inserted as an ampersand above the line.

1. PC1/48, 60-63.