Act, 27 December 1694, Edinburgh

Att Edinburgh the seventeenth day of July J^aj vi^c nyntie four years

A1694/7/21

A1694/7/21¹

Decreet

Certification The Kings Advocat Against Kininmounth

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of their majesties privie Councell at the instance of Sir James Steuart their Majesties Advocat for their highnes Intrest in the matter underwryten Mentioning That wherby the Laues of this and all other uell uell² governed realms The persones offices and authority of Judges and magistrats ought to be had in reverence and all violationes therof are Crymes of ane high nature and ought to be severely punished Lykeas the authority and office of Justices of peace and Constables being setled by Act of parliament in this kingdome for the better preservatione of the publict peace and good order Their persons and authority is therby more especiallie secured and all violations therof are to be punished uith great rigor nevertheless It is of veritie That Patrick Kininmounth of that ilk shaking off all regaird to their majesties authority and Government Did upon one or other of the dayes of the months of Apryle or May Last most violently and outragiously threatten beat and abuse tuo Constables in the shire upon the occasion and In manner follouing viz That James Nicolsone weaver in the Kirktoune of Brunt Island Having hyred one Robert Cautione to serve him for a year And the said Robert after four months service Did absent and desert from his said master wherupon his master did about the tuenty third day of the said month of Apryle Complean to John Skeine Elder of Halyeards a Justice of peace in the bounds That he might have his warrand for bringing the said Robert Cautione back to his service Hallyeards Having Granted and appointed tuo of the Constables of the paroch of Auchtertooll to goe to Lochgellie wher it uas informed that the said Robert Caution stayed uith Alexander Hunter a weaver ther The saids Constables Found the said Robert Caution And requyred him in the Kings name to Goe back to his masters service But Immediatly The Laird of Kininmounth steped in and sett upon the Constables saying Dogs what are yow seeking and uithout any more took up his Kane Beat one of the Constables to the effusione of his blood And then Fell upon the other in Lyke manner And took from them the Justices of peaces warrand and tore it in peices And Farder took from them the Kings staffes and Cruellie and Insolently beat them uith the same And when one of the Constables offered to defend himself uith his suord from the stroaks that were Levelled at him one David Broun servitor to the said Kininmounth held the Constable in his armes till Kininmounth did beat him and take his suord from him which he offered to break in peices And afteruards Called the Justice of peace who sent the Constables a Bugar and desyred the Constable to tell him That he uould Cutt the Luggs out of his head And said to one of the Constables that he uould Come to his oun door and hang him with many such Injurious and approbrious uords off which high ryott battery and violence The said Kininmounth and Broune his servant Being found ³ guiltie or airt and pairt They ought not only to be decerned to pay to the forsaids persons Lesed the soume of one Thousand merks of damnages But also punished in their persons and goods To the example and terror of others to Committ the Lyke in tyme coming And anent the Charge Given to the saids Defenders to have Compeared personallie before the saids Lords of their majesties privie Councell att ane Certaine day bygone To Have ansuered to the Grounds of the said Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt under the paine of rebellion and putting them to the horne with Certificationery as the said Lybell with the executiones therof in themselves more fullie proports which Lybell Being this day Called in presence of the saids Lords of privie Councell And their Majesties Advocat Compearing personallie for their Majesties Intrest And the saids Defenders Being oftymes Called and not Compearing The saids Lords Grants Certificatione against the saids Defenders And ordaines Letters of denunciation to be direct to macers or messengers at arms Commanding them to pass to the mercat Cross of […] and other places needfull And ther in their majesties names and authorities to deuly Laufullie and orderly denunce the saids defenders their Majesties rebells and putt them to their highnes horne Escheat and Inbring all their moveabill goods and Gear to their majesties use for their Contempt and disobedience