Att Edinburgh The sixth day of July One thousand six hundred Nyntie Nyne years
D1699/7/2
D1699/7/21
Decreet
Decreit Certification Brand against Fea of Whythall and others
Anent the lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill be Alexander Brand late Stewart and Tacksman of Orkney and Zetland, With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin That wher by the Lawes of this and all other weell governed realmes the waylaying of parties Imployers and deforceing of messengers in the execution of Captions or any other legall dilligences or the hindering affronting Beatting blooding threatneing to bill or doe Mischeiff to his majesties free leidges are Crymes of ane high nature and deserve to be severly punished, and as the greatest agravatione therof the useing of their acts of violence against his Majesties Stewart and tacksmen and other officers and servants Whither messengers or others are most attrocious and the soveraigne power is therby dispised, And thefore Such deeds are Severly punished and particularly By the Eightie fourth act2 Eleventh parliament King James the Sixt It is expressly Statute That the deforcers of messengers in the exercise of their office may be pursued either Civilly or Criminally And their Lives and goods are in the kings will and by the one hundreth and fiftie act parliament twelth King James Sixt It is declared that ane messenger or officer being deforced molested invaded or pursued to the effusion of blood in the execution of their offices by the persons to be apprehended and cited or by any others of their Causeing Sending hounding out, The deforcer or invader times all his moveabls the one half to his majestie and the other half to the partie Imployer Yet Notwithstanding wherof Patrick Phea of Whithall Barbara Traill his Spouse and James Petter and Charles Faes their Sones with others their Accomplices are guilty of Airt and part of the forsaid Crymes In so farr as the said Alexander Brand pursuer haveing come within Musket shott of Whithalls house accompanied with John Traill of Ailness baillie of the Issland of Stronsie and John Gibson of Biquye To see a Caption Legally execute, The said Alexander Brand and the two fornamed persones were all violently Stoped from goeing foreward by the saids James Peetter and Charles Feas who were Lurking behind a dyke with fire armes and threatned to fire at the said pursuer and other two persones if he or they should offer to goe on foott forward, The said Alexander Brand pursuer haveing Imployed Thomas Emerson messenger at armes to execute the said Caption at the pursuers instance against the said Patrick Fea for a debt owing by him to the said Baillie Brand And being late Stewart and tacksman of Orkney and Zetland for ingathering of his majesties Crown rents ther, And accordingly the said Thomas Emersone and his assistance haveing come to the said Island of Stronsie upon the Seventeinth day of August Last or on ane or other of the dayes of the said Moneth endeavoring Legally to enter Whithalls house, The said Barbara Traill accompanied or on the head of a number of women with Cudgells and Staffs and many men armed with guns muskets pistolls swords Durks and other invasive weapons violently fell upon, and by force opposed the said messengers at his assistants by offering to fire at the said messenger and his partie and solemnly woved and swore that if any of them entered the house, That either they or the said messenger and his assistants should dye for it and particularly Whithall himself Looked out at a Window, and said to the men that hade the Guns and pistolls (there is some Mischeiff Designed) Eitheir Scourr off these persones (pointing to the said Messenger and his assistants) Or else never Look me in the face againe Wherupon the saids women fell upon Joseph Jack one of the messengers assistants being hounded out by the said Whithalls sones who was put with them, and did strick beatt and bruise him with great Cudgells upon the head and armes so that ther by the said messenger and his assistants were violently deforced and Compelled to retire and make the best of their way for fear of greater mischeiff or murder as ane declaration signed by the said messenger and diverse famous witnesses there with produced would testifie And albeit the said messengers and his assistants Did many times begg mercie and peace with dreadfull Cryes yet the said Patrick Fea of Whythall would not restrain his wife, Sones woomen and others ther accomplices from Comitting the saids violences and oppressiones which he might have done being within the house all the time therof knowing and haveing seen the samen, By which acts of violences and oppressions Bangstry and other attrocious Crymes His majesties authoritie and government was not only Slighted and abused bot Likwayes all his majesties Tacksmen are wronged and affronted For they will not gett any messengers to execute their Letters in time comeing in Orkney and Zetland unless these defenders be brought to Condigne punishment And therfore the saids Patrick Fea of Whythall Barbara Traill his Spouse and James Peetter and Charles Fea’s, their Sones as airt and pairt by sending hounding out and not restraining and keeping in the saids armed men and woman after knowledge of the saids acts of violence and oppression above represented They ought to be Severly punished in their persones and goods in the termes of the forsaids acts of parliament and other acts made theranent To the terror and example of any others to doe the Like in time comeing: And Anent the charge given to the saids defenders To have Compeared before the saids Lords personally To have answered to the grounds of the above Complaint at ane Certaine day by gone To have heard and Seen Such order and Course taken theranent as the Saids Lords Should think fitt As the said lybell or Letters of Complaint and executiones thereof more fully bears Which Lybell or Letters being this day called in presence of the saids Lords of his majesties privy Councill, And the said pursuer Compearing personally, And the defenders being all Lawfully cited oft times Called and not Compearing The saids Lords of his majesties privy Councill Doe hereby Grant Certification against the haill defenders In Respect of their absence and not Compearance, And Ordaines Letters of Denunciation to be direct to macers or messengers at armes Commanding them to pass to the marcat cross of Edinburgh and other places needfull and their in his majesties name and authoritie duely Lawfullie and orderly denunce the saids defenders his Majesties rebells Escheat and inbring all their moveable goods and geir for their Contempt and disobedience.
1. NRS, PC2/27, 211v-213r.
2. The word ‘Nynt’ scored out here.
1. NRS, PC2/27, 211v-213r.
2. The word ‘Nynt’ scored out here.