Procedure, 19 December 1704, Edinburgh

Edinburgh the Tuentie Eight of Apprill One Thousand Seven hundereth and four years

A1704/4/12

A1704/4/12¹

Act

Act Infavours of Thomas Clochar and Halbertshyre his Master

Anent The petition given in and presented to the Lords of Her Majesties privie Councill By William Stirling younger of Halbertshyre and Thomas Clocher his servant Shewing That The petitioners being on the road to Edinburgh traveling in a most paceable manner were at the Toun of Buchlyvie assalted and attacked by Collin Fairfoull Livet in ane of the Independent Companies with a pairty of men under his Command and who have sorrounded the said William Stirling with ther guns presented Did violently and masterfully at that very Instant sease upon the said Thomas Clocher his servant Throw him doun beat and bruised him without any provocation and openly declaired he behoved to goe to Flanders And if the petitioner made the least resistance He should be used in the lyke manner Alleadgeing most falsly that the petitioner said servant befoir their Lordships or any Judge whatsomever under what penalty and what tyme the Livetennent plased for clearing that Clocher was noe deserter, All which the Livetennent refused as ane Instrument produced will testifie And after insolent abuseing and maletreating the petitioners self Did by open and dounright violence carry away the said Thomas Clocher the petitioners servant And albeit The petitioner procured a warrand from the Committee for prest men to search for him yet the Livetennent by Mannifest oppression and contrary to all lawe detains him a prisoner in some secret place wher the petitioner cannot find him out that he might be presented befoir their Lordships to be tryed whither he be a desearter or unwarrantably seased or not Which the petitioner humbly conceaves is sufficiently evident by the Livetennents concealling of him that he is noe desarter But seased conterary to the libertie of the subjects and express act of parliament made thereanent so necessary It is That the petitioner have their Lordships order and warrand for apprehending the Livetennent and committing him to prison untill he produce the said Thomas Clocher the petitioners servant And Therefore Creaving their Lordships To grant order and warrand to the macers of privie Councill or Messengers at arm’s for apprehending the person of the said Livetennent Collin Fairfoull and committing him to prison thereto remain untill he produce the person of the said Thomas Clocher befoir their Lordships or their Committee to be tryed whither he was legally seased or not And that he delyver him to the Toun guard of Edinburgh for that effect and untill their petitioner be satisfied by the said Livetennent through the Damnage the petitioner hes sustained through seasing vindicating his servant and for preventing the lyke assaults in tyme Comeing upon the lawes and liberties of the subjects Their Lordships might be pleased to put ther law in Execution againest the Livetennent for carrying away his servant without the petitioners consent in presence of a Magistrat As the said petition bears The Lords of Her Magisties privie Councill Haveing considered the petition given into them by William Stirling younger of Herbertshyre and Thomas Clochar his servant And the samen being read in their presence The saids Lords Doe heirby Recommend to the Committee appointed for hearing and determining all debeats anent prest men and souldiers To give order and warrant to macers or messengers at arms To apprehend Livetennent Collin Fairfull in ane of the Independent Companys and detain and Committ him to prison untill he appear befoir the said Comittee and answer to what shall be laid to his Chairge at the petitioners Instance for his undue seazing of the said Thomas Clochar and whyll he produce the person off the said Thomas Clochar befoir the said Committee to be tryed whither he was legally seazed and prest by him or not