Act, 28 December 1693, Edinburgh

Edinburgh Twentie fourth day of January J^aj vj^c nyntie thrie years

D1693/1/29

D1693/1/29¹

Decreet

Decreet Suspending the letters Mackay against Mcphersone

Anent the bill of suspensione given and presented to the Lords of privy Councill be Captain Heugh Mckay governor of the Castle of Blair Mentioneing That quher he was charged be vertue of letters of horning raised at the instance of Lauchlan Mcintosh of Struan and Alexander Mcpherson of Phonos to produce Keneth Dow tenant to the said Lauchlane and John Mckony servant to the said Alexander before the Comittie of Councill appointed anent persones taken on to be Souldiers Conforme to the alleadged Decret and sentance of Councill of the date the thrid day of January instant and that within twentie four houres nixt after his charge under the paine of rebellion and puteing of the petitioner to the horne and for his alledged Disobedience as he wes informed had caused Denunce him rebell and put him therto most wrongeously and unjustly, Considering it is of verity that the Master of Forbes one of the saids Lords number haveing by his missive ordered the petitioner to seaze upon and secure […] Shaw of Delnavert Collin Breik Kenneth Dow and Severall others as being persones accessory to severall robbories and depredationes Committed within his bounds The fornamed Kenneth Dow and John Mckony his accomplice in the begining of December last Resorting about the Blair of Atholl ware apprehended and secured by a serjant in the petitioners company In pursuance of the forsaid warrand from the Master of Forbes And after being some short tyme detained in the Garison of Blair the fornamed Keneth Dow and John Mckony did voluntarly take on with the petitioner in his majesties service and made no deficultie to continue therin untill they ware informed that the petitioner was to draw out a part of his Company for recruiteing of their Majesties army in Flanders and they being conveyed to Fife with other recruites Designed for that service found meanes to make their escape from those that guarded the recruits And therafter ware conducted and taken on voluntarly by Livt Meinzies in Coll Monroes regiment in presence of the magistrats of Bruntisland as their Certificat theranent has evidenced notwithstanding quherof ane Clamerous Complaint was presented to the saids Lords against the petitioner by Lauchlan Mcintosh of Stroan and Alexander Mcpherson of Phonas as if the forsaid Kenneth Dow and John Mckony hade been unwarrantably and violently seized by the petitioner upon whose Suggestiones the petitioner was ordained to exhibit the fornamed persones before the Committie would evidently appear when the saids Lords would be pleased to Consider that the first apprehending and seazure was by warrand from the Master of Forbes a Privy Councillor as persones accessione to robberies and depredationes within his bounds And that to evit the danger and trouble therof they hade voluntarly taken on with the petitioner for his Majesties Service as would be proven by most unsuspect witnesses residing about the Blair of Atholl, And therafter when they ware Conveyed with the other recruites haveing made their escape from such as guard the recruites before ever any Citation was given to the petitioner anent them So that it was Imposible for him to present them before the Committie at the tyme prefixed by the said charge And Therfore the forsaid Decreet or Sentance of Councill with the letters of horning raised theron and executiones therof Ought and should be simpliciter suspended upon him and he and he² simpliciter relaxed ther frae without Cautione or Consignatione And Therfore humbly Suplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy councill haveing Considered the above bill and reasones of suspension They have Suspended and heirby Suspends the letters and charges raised at the instance of the chargers against the Suspender simpliciter upon the above Captaine Mckay Suspender and Declaires him quyt therof and free therfrae in all time comeing And ordaines him to be relaxed frae the process of horning abovecontained.