Act, 27 December 1694, Edinburgh

Edinburgh the threttein of Jully 1694

D1694/7/23

D1694/7/23¹

Decreet

Certificatione Strathmore his tennents Against Irones

Anent the Lybell of letters raised and pursued before the Lords of their majesties privy Councill at the instance of Patrick Earle of Strathmore Robert Lovan and William Baxters two of the saids Earles tennents Liveing in the Newtoune of Airly with concourse of Sir James Stewart ther majesties advocat for their majesties intrest in the matter underwritten makeing mention That albeit the Impeding and stoping of their majesties service in the outreik of the present Levies and the violent seizeing upon and by force carieing away the persones of these who were Designed as Souldiers in the said Levie, And the falling upon threatning beatting and wounding of such as hade the Custody of any other persones Designed to be put out in the said Levie are Crymes of ane high nature and severly punishable By the Lawes and acts of parliament of this kingdome and by severall acts and proclamationes emitted by the Lords of privy Councill yet nevertheless It is of verity That James Cay undermiller at Brydgestoune within the Earle of Strathmores propertie being a lustie young fellow and fitt for the service of his majesties present Levie was seazed upon by the said Earles speciall order by some tennants in the nighbourhead as he was runing away from Brydgestoune and was in Custody (being so taken) by the saids Robert Louain and William Baxter pursuers and when they were Advanced with the said James Cay a quarter of a myle or therby in their way to the house of Glammiss, James Irones at the mylne of Dalyvaird, James Ratray his servant David Bowaiks and Thomas Why in Grainge of Airly his accomplices overtook the saids pursuers in the high way, The said James Irones Carieing a gun in his hand and other offencive Weapons by him and the other thrie being armed with Dirks staffs pistolls Guns and other Weapons invasive Did by violent hands upon the said Robert Lounan and William Baxter pursuers Requyreing them to let James Cay goe, whill the said pursuers refuseing, The saids James Irons and his saids accomplices Cruelty beat Robert Lounan one of the saids pursuers with their weapons, And the saids James Irons offered to shott him, which he hade certainely done if his gun hade not been put by thrie severall times, Wherupon he Clubbed his Gun and offered to beat out his braines and the others threatned to strick and actually did beat him and William Baxter the other pursuer till they were forced for fear of their Lives to quyte the said James Cay prisoner to them, The said James Irons and his accomplices abovenamed being to strong for the said pursuers And so they rescued the said James Cay with these threatnings and strocks abovementioned and continue still to minace the said Robert Lounan and William Baxter pursuers at the Church and else wher they mett them, Thus by their manifast violence and outrage disappointed the said Earle of one of these men whom he hade destined for their majesties service in this present Levie Committing the same in the Earles oun ² ground and upon the high way And Therfore the saids persones being in the guilt at least airt and pairt of the above crymes ought and should not only be decerned to redeliver the said James Cay to the saids pursuers But likewayes Ought and should be punished in their persones and goods to the terror of others to Comitt the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords personally at ane certaine day now bygone To have answered the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall think fitt as in the principall letters of lybell raised in the said matter at more length is Contained, Which Lybell being this day Called in presence of the Lords of their majesties privy Councill And the said Earle Compeiring personally with Mr William Aikman advocat for the haill pursuers who Declared that he insisted only against the said James Irons and past from the rest of the defenders and the said James being Lawfullie cited oft tymes Called and not Compeiring, The said Mr William Aikmen Craved that Certificatione and letters of Denunciatione might be direct against him The saids Lords doe heirby Grant Certificatione against the said James Irons In respect of his absence and not Compeirance And Ordaines letters to be direct to maccers or messengers at armes Comending them to pass to the marcat Cross of […] and other places needfull and their majesties name and authoritie duely Lawfully and orderly Denunce the said James Irons their majesties rebells and put him to their highnes horne Escheat and in bring all his Moveaball goods and Geir to his majesties use for his Contemption and disobedience.