Act, 28 December 1693, Edinburgh

Edinburgh the Nynteinth day of January J^aj vj^c nyntie thrie years

D1693/1/25

D1693/1/25¹

Act

Act Captain Mckay Against Mcphersone and McConny.

Anent a Petition given in to the Lords of their Majesties privy Councill be Captain Heugh Mckay Shewing That quheras the master of Forbes one of the saids Lords number haveing by his missive ordered the petitioner to seaze upon and secure Shaw of Dalnavert Collin Breck and Kenneth Dow and severall others, as being persones accessorie to severall robberies and depredationes Comitted within his bounds The fornamed Kenneth Dow and John Mckermude his accomplices in the beginning of December last Resorting about the Blair of Atholl were apprehended and secured by a serjant in the petitioners Company In pursuance of the forsaid warrand from the Master of Forbes, And after being some short time detained in the garisone of Blair, The fornamed Kenneth Dow and John Mckermude did voluntarly take one with the petitioner in his majesties service, and made no deficultie to continue therin, untill that they ware informed that the petitioner was to draw out a part of his Company for recruiteing his Majesties armie in Flanders, And they being conveyed to Fyfe with other recruites designed for that service found means to make their Escape from those that guarded the recruites, And therafter ware conduced and taken on voluntarly by Livt Meinzies in Coll Monroes Regiment in presence of the magistrats of Bruntisland as their Certificat theranent has evidenced, notwithstanding wherof ane Clamerous Complaint was presented to the saids Lords against the petitioner by Lauchlane Mcintosh of Stroan and Alexander Mcpherson of Phiness as if the fornamed John Mckermude and Keneth Dow hade been unwarantably and violently seized by the petitioner upon whose suggestiones the petitioner was ordained to exhibit the fornamed persones before the Committie within twentie four hours under the paine of Rebellion the falseness and Calumineous of which Complaint would appear evidently, when the saids Lords would be pleased to Consider that the first apprehending and seizure was by warrand and from the Master of Forbes a privy Councellor, are persones accessorie to the Robberies and depredationes within his bounds And that to evit the danger and trouble therof they hade voluntarly taken on with the petitioner for his Majesties service as would be proven by most unsuspected witnesses residing about the Blair of Atholl, And therafter when they were conveyed with the other recruites haveing made their escape from such as guarded the recruites before any intatione was given to the petitioner anent them So that it was Imposible for him to present them before the Committie at the time prefixed be the forsaid charge And Therfore Humbly Craveing the saids Lords to suspend and Discharge the letters raised and execute against the petitioner in the forsaid matter and relax him from the horn to which he has been denunced for the Causes forsaid in Respect that he has proceided legally and warrantablie in secureing of the forsaid persones in maner above represented as the petition bears The Lords of their Majesties privy Councill. Haveing Considered this petition given in to them be the above Captain Heugh Mckay with another petition given in to them be the above Kenneth Dow and John Mckony with the writtes produced for either partie, And particullarly a testificat be the baillies of Bruntisland bearing that the said Keneth Dow and John Mckony did take on with Ensigne Meinzies without being forced and received money from him with the report of a Committie of their oun number to whom² the consideratione of this matter was Remitted, They heirby Ordaine the saids Keneth Dow and John Mckony to continue prisoners in the Tolbooth of the Canongate as Souldiers ingadged with the said Ensigne Meinzies for Flanders Untill the convoy appointed to accompany the transport ships be aryved but prejudice to the saids persones or any concerned for them to insiest against the baillies of Bruntisland subscryved of the forsaid testificat aither as falsifiers or Forgers of the testificat or for any illegall or indirect practises against the saids two persones.