Commission by the Council, 13 March 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Att Edinburgh the threttienth day of March Jaj vic nyntie four yeers Ante meridiem

A1694/3/231

Commission by the Council

Commissione Anent Cunynghame of Craigends

Anent the petitione given in to the Lords of their Majesties privy Councill Be William Cunynghame of Craigends Sheuing That wher for the petitioners part of the Divisione that fell to him of the new Levie In the shire of Renfrew He and his fractions had designed and secured tuo men viz Arthure Park and John Dugall both unmarried wanting wife and children and Living uithin the petitioners oune Bounds which tuo persons the petitioner brought to his oune house of Craigends to be keeped in custody till they should be delivered to the officer Impoured to receave them But notuithstanding that the petitioners procedure therin was regular and that he keeped them with all necessar Conveniencies yet by ane unprecedented boldnes and a very bad and pernicious example The persons in a List given in uith the said petitione Came upon the tuenty Eight of February in the open day and in a rabling and tumultuary manner uith a Great gathering and Convocation of both men and uomen To the Number of about sixtie and the men armed uith suords baginotts and other weapons and while the petitioner uas absent from home They forced his house and servants Breaking open the doors with Great violence And threatning his servants In case they should make the Leist resistance and so rescued and carryed away the saids tuo persons taken in Custody as said is Att Leist during the tyme that the Rable was deforming his house and breaking up his doors The saids tuo persons in Custody Gott Cords and theruith Lett themselves doune by the window and so made their escape The Rable so soon as they had gott into the roume wher the men were and finding them escaped Taking off the guaird they had sett at all the doors and so retiring and disperssing And seing the forsaid practice uas a most violent ryott and of most pernicious consequence as said is And that it deservs a summar and severe Cognition which Cannot be better performed Then by a Commission to be Given by the saids Lords to the persons given in in List produced with the said petition or any three of them It being Evident That to take any other methods to Conveen and punish them would be both out of seasone and Give the persons guiltie the opportunity of escaping and Therfore Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privie Councill Having Considered the above petitione They heirby authorize and Give full pouer warrand and Commission to John Earle of Glencairn William Lord Ross Mr. Frances Muntgomery of Giffen Sir John Maxuell of Pollock Sir John Shaw of Greenock Patrick Fleeming of Baruchen William Muir of Glanderstoune and John Craufurd shirreff depute of Renfrew or any three of them who are heirby declared to be a Quorum to take tryall off and to Cognosce Judge and determine upon the whole matter ryott and breach of peace mentioned In the said petition And In ordor therunto to meet at […] the […] day of […] nixt to come And ther to accept of this present Commission and nominat and appoint any able and sufficient persone for whom they shall be ansuerable to be their Clerk To whom they are to administrat the oath de fideli And with pouer to them or any one of them to Issue furth their precepts upon Lybells exhibite to them Against John Young shoemaker in Houstoune Alexander Houstoune weaver ther William Houstoune his prentice John Widdrow ther Uilliam and John Widdroues his sons Alexander Hendrie in Milne of Baruchen David Reid in Hillhead of Baruchen Robert Gibsone in Boghall Robert Nesmith in Milne of Boghall Mathew and William Nesmiths his sons Alexander Hendrie officer in Gosehill John Rodger in Corsshill of Robertoune Robert Miller in Barscobmiln Robert Dugall in Boghall and any other persons guiltie of, accessorie to or airt or pairt of the ryott abovementioned To Compear before the saids Commissioners or their said quorum day and place therin to be exprest upon a Citation of six dayes warning to be given by a shirreff in that part personallie or at their duelling houses and to Cite witnesses and take all other necessar probation by oath of partie or otherwayes for verifying the Complaint above mentioned And to hear all competent defences that shall be proponed for the defenders in the said matter And to advyse Judge upon and determine the samen as they shall find Just And for that effect to adjurne themselves from tyme to tyme to such places and dyetts as they shall think Meet And according as they shall find the above Complaint proven against all or any of the persones abovenamed or others therin concerned to pronunce sentence therin Against the persons guiltie therof viz That tuo of the ablest and most sufficient of them for their Majesties service for their Majesties service2 in his army in Flanders Be Immediatly taken out by the saids Commissioners and seased upon and transmitted from shire to shire under a sufficient guaird and delivered to the officer who should have receaved Arthur Park and John Dugall the tuo persons rescued in manner abovementioned And that the rest found guiltie of the said ryott who are fencible men be transmitted to the tolbooth of Edinburgh under a sufficient guaird Ther to remaine to be disposed off or punished in their persons and goods as the Lords of privy Council shall think fitt upon Considering the probation taken Against them which is heirby ordained to be transmitted to the Clerks of privie Councill And such others who shall be found guiltie of the forsaid ryott and are not fencible men To be otherwise punished in their persons and goods as the saids Commissioners or their said quorum shall think fitt And the Commanders of any of his Majesties troopes in that Country or the Governour or Commandant for the tyme of the Castle of Dumbartoune are requyred to Give their assistance for securing and transporting any of the persons that shall be found guiltie of the said ryott or for apprehending and Committing to prisone (upon warrand from the saids Commissioners or the saids quorum) any of the persones abovenamed who shall failzie to Compear before the saids Commissioners upon citation to be Given them In manner abovementioned And Generallie with full pouer to the saids Commissioners or their said quorum to Act doe and performe all and sundrie things necessar and Competent to be done and performed for the exact and punctuall executione of this present Commissione and trust heirby reposed upon them And to returne a full extract of all their proceedings to the Clerks of privie Councill upon determining the said affair Sic subscribitur Tueeddal cancel: Melvill P: s Southerland Cassillis Linlithgow Leven Annandall Forfar Kintoir Viscount Tarbat Raith Beilhaven Poluarth John Lauder

Att Edinburgh the threttienth day of March Jaj vic nyntie four yeers Ante meridiem

A1694/3/231

Commission by the Council

Commissione Anent Cunynghame of Craigends

Anent the petitione given in to the Lords of their Majesties privy Councill Be William Cunynghame of Craigends Sheuing That wher for the petitioners part of the Divisione that fell to him of the new Levie In the shire of Renfrew He and his fractions had designed and secured tuo men viz Arthure Park and John Dugall both unmarried wanting wife and children and Living uithin the petitioners oune Bounds which tuo persons the petitioner brought to his oune house of Craigends to be keeped in custody till they should be delivered to the officer Impoured to receave them But notuithstanding that the petitioners procedure therin was regular and that he keeped them with all necessar Conveniencies yet by ane unprecedented boldnes and a very bad and pernicious example The persons in a List given in uith the said petitione Came upon the tuenty Eight of February in the open day and in a rabling and tumultuary manner uith a Great gathering and Convocation of both men and uomen To the Number of about sixtie and the men armed uith suords baginotts and other weapons and while the petitioner uas absent from home They forced his house and servants Breaking open the doors with Great violence And threatning his servants In case they should make the Leist resistance and so rescued and carryed away the saids tuo persons taken in Custody as said is Att Leist during the tyme that the Rable was deforming his house and breaking up his doors The saids tuo persons in Custody Gott Cords and theruith Lett themselves doune by the window and so made their escape The Rable so soon as they had gott into the roume wher the men were and finding them escaped Taking off the guaird they had sett at all the doors and so retiring and disperssing And seing the forsaid practice uas a most violent ryott and of most pernicious consequence as said is And that it deservs a summar and severe Cognition which Cannot be better performed Then by a Commission to be Given by the saids Lords to the persons given in in List produced with the said petition or any three of them It being Evident That to take any other methods to Conveen and punish them would be both out of seasone and Give the persons guiltie the opportunity of escaping and Therfore Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privie Councill Having Considered the above petitione They heirby authorize and Give full pouer warrand and Commission to John Earle of Glencairn William Lord Ross Mr. Frances Muntgomery of Giffen Sir John Maxuell of Pollock Sir John Shaw of Greenock Patrick Fleeming of Baruchen William Muir of Glanderstoune and John Craufurd shirreff depute of Renfrew or any three of them who are heirby declared to be a Quorum to take tryall off and to Cognosce Judge and determine upon the whole matter ryott and breach of peace mentioned In the said petition And In ordor therunto to meet at […] the […] day of […] nixt to come And ther to accept of this present Commission and nominat and appoint any able and sufficient persone for whom they shall be ansuerable to be their Clerk To whom they are to administrat the oath de fideli And with pouer to them or any one of them to Issue furth their precepts upon Lybells exhibite to them Against John Young shoemaker in Houstoune Alexander Houstoune weaver ther William Houstoune his prentice John Widdrow ther Uilliam and John Widdroues his sons Alexander Hendrie in Milne of Baruchen David Reid in Hillhead of Baruchen Robert Gibsone in Boghall Robert Nesmith in Milne of Boghall Mathew and William Nesmiths his sons Alexander Hendrie officer in Gosehill John Rodger in Corsshill of Robertoune Robert Miller in Barscobmiln Robert Dugall in Boghall and any other persons guiltie of, accessorie to or airt or pairt of the ryott abovementioned To Compear before the saids Commissioners or their said quorum day and place therin to be exprest upon a Citation of six dayes warning to be given by a shirreff in that part personallie or at their duelling houses and to Cite witnesses and take all other necessar probation by oath of partie or otherwayes for verifying the Complaint above mentioned And to hear all competent defences that shall be proponed for the defenders in the said matter And to advyse Judge upon and determine the samen as they shall find Just And for that effect to adjurne themselves from tyme to tyme to such places and dyetts as they shall think Meet And according as they shall find the above Complaint proven against all or any of the persones abovenamed or others therin concerned to pronunce sentence therin Against the persons guiltie therof viz That tuo of the ablest and most sufficient of them for their Majesties service for their Majesties service2 in his army in Flanders Be Immediatly taken out by the saids Commissioners and seased upon and transmitted from shire to shire under a sufficient guaird and delivered to the officer who should have receaved Arthur Park and John Dugall the tuo persons rescued in manner abovementioned And that the rest found guiltie of the said ryott who are fencible men be transmitted to the tolbooth of Edinburgh under a sufficient guaird Ther to remaine to be disposed off or punished in their persons and goods as the Lords of privy Council shall think fitt upon Considering the probation taken Against them which is heirby ordained to be transmitted to the Clerks of privie Councill And such others who shall be found guiltie of the forsaid ryott and are not fencible men To be otherwise punished in their persons and goods as the saids Commissioners or their said quorum shall think fitt And the Commanders of any of his Majesties troopes in that Country or the Governour or Commandant for the tyme of the Castle of Dumbartoune are requyred to Give their assistance for securing and transporting any of the persons that shall be found guiltie of the said ryott or for apprehending and Committing to prisone (upon warrand from the saids Commissioners or the saids quorum) any of the persones abovenamed who shall failzie to Compear before the saids Commissioners upon citation to be Given them In manner abovementioned And Generallie with full pouer to the saids Commissioners or their said quorum to Act doe and performe all and sundrie things necessar and Competent to be done and performed for the exact and punctuall executione of this present Commissione and trust heirby reposed upon them And to returne a full extract of all their proceedings to the Clerks of privie Councill upon determining the said affair Sic subscribitur Tueeddal cancel: Melvill P: s Southerland Cassillis Linlithgow Leven Annandall Forfar Kintoir Viscount Tarbat Raith Beilhaven Poluarth John Lauder

1. NRS, PC1/49, 300-3.

2. Sic.

1. NRS, PC1/49, 300-3.

2. Sic.