Att Edinburgh the third day of Apryle Jaj vic nyntie four years
A1694/4/3
A1694/4/31
Decreet
Decreit His Majesties Advocat Against Mcclauchlane
Anent the Lybell or Letters of Complaint raised and pursued before the Lords of their Majesties privie Councill at the instance of Sir James Steuart their Majesties Advocat for their highnes Intrest in the matter underwryten Mentioning That wher the fortifieing and favouring of their Majesties Enemies and the Enemies of the Kingdome and Government and the weakning of the government and Instigating and persuading the souldiers Levyed for mantaining therof and protecting of their Majesties subjects to desert and Leave their post and charge are high Crymes and severely punisheable yet true It is That John2 McClauchlane schoolmaster at Glasgow, now prisoner in the tolbooth of the Cannongate Being a persone altogither disaffected to their Majesties government so farr as it was possible thir three or four years past hes made it his bussiness to weaken the government And to Instigat and persuade severall souldiers of their Majesties forces to run away and desert their Majesties service And that they might doe it more securely Did forge and Frame passes for them as if the samen had been subscribed by their superior officers And particularly in the month of January Last He did Instigat and persuade John Fergusone and John McLeod souldiers in Captaine Andersons Company In the Lord Strathnavers regiment then Lying at Glasgow to run away and deserte And used all the arguments he Could uith them for that effect telling them that they were but Beasts and fools for serving his Majestie King William For that he was sure The Late King James would be soon here againe And he offered to forge and forme a pass as from Captain Suintoune who at that tyme Commanded the said regiment which would Carry them safe away And that he had given passes of the Lyke nature to severalls of the regiment formerly in garrisone at Glasgow And offered to Goe uith them to a Gentleuomans house uithout the steeple green port who was a Cousing of his who uould secure them and receave their Cloaths and furnish them uith others to make their escape And told them that they were going to Flanders and uould be felled ther And so it was best for them to deserte And that he uould hyde their fyrelocks under ground and uould give them other Coatts and money uith a pass which uould Carry them safe away as he had done formerly to others And accordingly upon the said Mr John Mcclauchlans persuasion The saids John Fergusone and John McLeod John Steuart […] Mcculloch and severall other souldiers did break their military oath and did run away and desert their Colours off the which Crymes abovespecified The said John Mcclauchlane is actor airt and pairt And therfore ought to be severely and examplarly punished in his persone and goods to terrifie others to Committ the Lyke in tyme And anent the charge given to the said Defender to have Compeared personallie this day before the saids Lords of their Majesties privie Councill To have ansuered to the grounds of the abovewryten Complaint and to have heard and seen such order and Course taken theranent as appertained under the paine of rebellion and putting him to the horne with Certification etc As in the principall Lybell or Letters of Complaint and executiones therof at more Length is Contained The said Lybell Being this day Called in presence of the saids Lords of their Majesties privie Councill And their Majesties Advocat Compearing personallie and the defender who is prisoner being brought from prisone Compearing also personallie at the barr The saids Lords Having heard the Lybell uith ansuers therto They Fand the Lybell relevant and admitted the same to probatione And the uitnesses being present and having made faith at the barr They appointed the uitnesses to be receaved notuithstanding of this objection made by the Defender against him viz That one of them by witnessing against the Defender would free himself from being a deserter And appointed a Committie for examining the uitnesses who Having Instantly mett and examined them accordingly The saids Lords of privie Councill Having Considered the Lybell and ansuers forsaids with the depositiones of the witnesses taken theranent They Find the Lybell sufficiently proven And therfore ordaines the said defendar to be whipped through the high street of Edinburgh from the weigh house to the netherbow by the hand of the hangman and appoints the magistrats of Edinburgh to take care that this part of the sentence be putt to executione according to the accustomed manner upon the morrow being wedensday the fourth of Apryle instant betuixt Eleven and tuelve hours in the fornoon And the saids Lords Have banished and heirby Banishes the said defender to their Majesties plantations in America never to returne uithin their Majesties dominions uithout their Majesties or the Councills warrand And appoints the saids Magistrats of Edinburgh to Cause putt the defender on board the first ship going to the saids plantationes And In the mean tyme ordaines the said John Mcclauchlane defender to be Carryed prisoner from the barr to the tolbooth of Edinburgh And ordaines him to remaine prisoner there untill he be shipped for the saids plantationes excepting such tyme as he shall be taken furth on the morrow In order to receave his punishment of whipping as above appointed
1. NRS, PC1/49, 323-5.
2. The word ‘McClauchlane’ scored out here.
1. NRS, PC1/49, 323-5.
2. The word ‘McClauchlane’ scored out here.