Act, 27 December 1694, Edinburgh

Att Edinburgh the fourth day of Apryle J^aj vi^c nyntie four years

A1694/4/11

A1694/4/11¹

Act

Act Peter Balvaird

Anent the petitione given in to the Lords of their Majesties privie Councill By Peter Balvaird brother to the Laird of Ballamylne present tennent In Cullforgie William Arnot and John Watsone there Sheuing That upon the tuenty third day of March last Corporall […] Duncan Andreu Aitkine James Telfer and Daniell Fraser four of the Lord Jedburghs regiment of dragoons and George Olyphant sometyme in Orchyeard mylne Did In a most Insolent and furious manner Come from Perth to the Lands of Culforgie after the Levy of the said ground uas duely delyvered And first came to the house of the said William Arnot and most barbarously beat and uounded him to the effusion of his blood and most unjustly seised And therafter most furiously entered the house of the said Peter Balvaird (who being for the present abroad) rufled his house and Carryed off what they found Convenient for them And farder did most barbarously and Inhumanely beat and bruise his wyfe being then very bigg so that she parted uith a Lyve chyld and now ther is noe Expectation of her Life And not satisfied heirwith they did therafter seise the said John Watson And because he uould not most falsly acknouledge himself to be a deserter The did Lykewise violently beat him and threatned to shoot him And after all Carryed the said William Arnot and John Watsone to the bridge of Earne wher they treated uith them to Liberat the said William Arnot for six pounds scotts which he accordingly payed them and was therupon Liberat but hath ever since Lyen of his uounds And In regaird that the said John Watsone had not nyne dollors to Give for his redemption which they demanded They Carryed him prisoner to Perth and ther sold him to one of the heretors of that shire who uas unprovyded for the Levy for tuenty dollors And since he hath been Carryed to Burroustounnes and Imbarqued uith the rest of the Levies of that shire which horrid and unparralelled ryott violence and oppression the petitioners represented to the Committie for prest men who In order to a Just redres therof Did by their order of the tuenty Eight of March Last give order and uarrand to the Magistrats of burghs and the masters of ships and all other officers In whose custody he might be for the tyme to delyver him to the magistrats of the burghs to be detained in prisone ay and while his caise uere determined by their Lordships which order receaving noe obedience The Lords of the said Committie did by their second order of the threttie one of March perremptorly ordaine and Command Collonell Mckay Captaine Prestone or other officer Comodant for the tyme of the recruits at Burroustounes and James Nimo master of the ship wherin he was Embarqued Immediatly upon sight to Committ him to the neerest prisone as they should be ansuerable as their highest perrill which expres order was upon the second of Apryle Instant deuly Intimat to Leivt Collonell Steuart Comodant of the recruits at Burroustounes for the tyme, and he requyred to give obedience therto which the said Leivt Collonell Steuart absolutely refuised And said he uould have noe regaird to the said order as ane Instrument taken therupon produced uith the said petition did testifie And therfore Humblie Craving their Lordships In Consideration of the horride and barbarous violence and oppression Committed upon the petitioners to Give order and warrand for securing both the persons of these dragoons and also of the said George Olyphant (who is presently in toune) and about to Leave the kingdom ay and while a proces may be Legallie Commenced and Carryed on against them for redres of such a horrible abuse And In the mean tyme to Recommend to Sir Thomas Livingstoune Commander in cheiff etc: to Give the necessary orders to the Comodant of Barroustounes to Committ the said John Watsone to Blacknes or to the neerest prisone ther to remaine untill his case be determined as the said petition bears The saids Lords of their Majesties privie Councell Having Considered the above petitione They heirby Recommend to Sir James Steuart their Majesties advocat to Give order for and cause secure the persone of the said George Olyphant And to Sir Thomas Livingstoune Commander in cheiff of their Majesties forces within this Kingdome to Give order for and Cause secure and Imprisone the persons of the saids dragoons And ordaines macers or messengers at arms to Cause Cite the said Leivtenant Collonell Steuart to appear before the Councell the morrow att three in the Afternoon and bring the said John Watson allongst uith them and present him before the Councell And appointes their Majesties sollicitor to take Care that ane express be dispatched for Citing the Leivtenant Collonell