Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Threttein day of June J^aj vii^c years

D1700/6/5

D1700/6/5¹

Decreet

Decreit Certificatione John Mun against William Miller and others

Anent The Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privy Councill be John Mun in the Clachan of Rosneath And his Majesties right trustie and weell beloved Cousin and Councellor Archibald Earle of Argyll As high Justiciary of the bounds for his intrest With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mentione That wher by the Lawes of this and all other weell governed realmes Thift and Stouth Reiff, and Robbery as also the violent Seazing of mens persones and carieing them away and detaineing them as prisoners in privato Carcere are prohibit, And that the Committing therof, Especially when done against a man in his own house Which ought to be his Sanctuary and with a Convocation in arms and under cloud of night and at the dead hour therof Are Crimes of ane high nature and ought to be severly punished, Nevertheless it is of verity That² William Miller, milner in Carnsaskine Robert Furbiter their Robert Brine in Camsaskine and William Mcadam in Cairnsaskin all four tennents to the Laird of Cowgraine and As likewayes William Deninstoune Laird of Cowgraine elder Shakeing of all regaird to his Majesties authority and Lawes did upon the Threttein day of March last and in the night therof or one ane or other of the dayes or³ nights of the said moneth come to the dwalling house of the said John Mun pursuer with armes offensive Viz two blunder bushes and a sword and other armes furnished by or at least belonging to the said Cowgrain and that betwixt the hours of Eleven and Twelue at night of the forsaid day or dayes and break up by force the door of the said house and entered therin and Searched the same and violently took away and robbed Nyne hundred merks of money as Likwayes they put violent hands upon and Seazed the persone of the said John Mun and Caried him prisoner to the house of Cowgraine and keept him prisoner ther till Eight of the Cloak the nixt Morning when out of Convictione of the wrong they hade done They dismissed the persone of the said John But still detaine and keep his money, Which money they took without Compting By all which its evident That the said […] and his accomplices or ane or other of them are guilty or actors airt and part of the forsaid Crymes or ane or other of them Which being duely proven They ought not only to be decerned to restore the forsaid Soume and also to pay the like Soume of damnadges, Bot farder punished in their persones and goods to the terror and example of others to Committ the like in time comeing And Anent the Charge given to the said defenders To have Compeared personally before the saids Lords of his majesties privy Councill at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and Seen such order and Course taken therwith as the saids Lords should find Just under the paine of rebellion etc as in the forsaid Lybell and executiones therof at more Lenth is Contained The forsaid Lybell at the instance of the above John Mun in Clachan of Rosneath and the Earle of Argyle as high Justiciar of the bounds of his intrest with Concourse of his majesties advocat Against William Miller Milner in Camsacken Robert Fullcutter ther ther⁴ Robert Bruce their, William Mcadam ther and William Dennistoune Laird of Cowgram Being this day called in presence of the Lords Lords⁵ of his Majesties privy Councill And the Said John Mun one of the pursuers Compearing personally and the Earle of Argyle being absent and not Compearing by Mr George Alexander Compeared as advocat for both the saids pursuers And the haill fornamed persones defenders being all Lawfullie cited oft times called and not Compearing His Majesties high Commissioner and the Saids Lords of privy Councill Doe hereby Grant Certificatione against the haill fornamed persones defenders In Respect of their absence and not Compearance And Ordaines Letters of Denunciatione to be direct to macers or messengers at armes Commanding them to pass to the Marcat Cross of […] And other places needfull And ther in his Majesties name and authoritie duely Lawfullie and orderly denounce the fornamed persones defenders his Majesties rebells and to ordaine all their Moveable goods and geir to be escheat and inbrought to his Majesties use for their Contempt and disobedience Supperceeding allwayes extract of the said Certificatione or Letters of denunicatione Untill Tewsday nixt being the Eightein of June instant be elapsed.