Warrant, 31 December 1695, Edinburgh

Edinburgh Thursday the 8th August 1695

D1695/8/14

D1695/8/14¹

Judicial Proceeding

Intorloquitor Leitch Against The Magistrats of Bruntisland

Anent The letters or Complaint raised and pursued before the Lords of his majesties privy Councill at the instance of Alexander Leitch Flesher burges of Bruntisland and Jannet Weymes his Spouse with Concourse of Sir James Stewart his majesties Advocat for his highnes intrest in the matter underwritten Makeing Mention That wher albeit the Seizing of the Leidges and giveing them over to the Souldiers and the beating and abuseing of their persones especially women bigg with Child and oppressing and famillies are Crymes of a high nature and Severly punishable Yet Nevertheless True It is That the said Alexander being a freeman burges of the said Toune of Bruntisland and Living within the said burgh when the late Levies were Levied The said pursuer payed his proportione of the outreik of the saids Levies As the other inhabitants of the said burgh yet Walter Adam Chapman and Hew Ross Innkeeper of the said burgh Did most unjustly Seize upon and Incarcerat the said pursuer within the Tolbooth of Bruntisland upon the said Fourth or Fifth dayes of February or march or one or other of the dayes of the said moneths wher they detained the said pursuer prisoner in a most Sterving Condition for the space of Eleven dayes without so much as one Cup of Cold watter And Therafter John Rutherfoord and James Andersone late baillies of the said burgh and John Cowie late Deacon Conveener ther did by force Cause Cary the said pursuer under ane guard of horssmen to the toune of Stirling And Delivered him to Major Arnot as one of the present Levie after the said pursuer had duely payed his proportion for the outreik of a man as the rest of the inhabitants of the toune as said is Wherby the said Alexander Leitch pursuer have ever been detained as ane Souldier Since that time, And not satisfied with his Malitious maltreatment of the said pursuers persone The said Walter Adam did most inhumanly beat and Strick the pursuers said spouse with a great Bung whill She was bigg with Child untill he lamed her in the arme and left many blac and bleu marks upon her body and Caused her Shortly therafter to part with the² Child which was in her belly And that without any provocation but modestly Requyreing that he and the persones forsaids would restore the said pursuer her husband unto her that he might provyde for the Supply of her and the poor Cheldrein whom the saids Walter and remanent persones forsaids have brought to a misserable Conditione And the saids persones have so distressed the pursuers poor wife and Cheldrein that they have forced them to depone out of the said Toune wher the mother was making Some honest shift for the Childreen and both the mother and Cheldreen are lying upon the said pursuer in a misserable and almost Sterveing Conditione haveing nothing to mantaine them upon But the subsistance allowed to him as a Single foot Souldier Wherby it may evidently appear to the saids Lords of privy Councill They are guilty of ane high and manifast Ryot and oppression And Therfore the fornamed persones ought not only to be decerned to make payment to the said pursuer of the sum of […] for Coast Skaith and damnadge sustianed by him and his said wife throw her parting with a Child the hurt of her arme and the Seizing and Imprisoning the said pursuers persone and other injuries and oppressiones as said is but likewayes the said pursuer ought to be declared by the saids Lords Sentance free from being a Souldier and all to goe home to follow his Imployment for releif of his wife and poor Cheldreen and the said persones above Complained upon ought and Should be discharged to trouble or molest the said pursuer or his familly at any time heirafter And Otherwayes punished in their persons and goods to the terror of others to doe the like in time comeing And Anent the Charge given to the saids defenders To have Compeired personally befor the saids Lords at ane Certaine day now bygone To have answered to the forsaid Complaint And to have heard and Seen such order and Course taken theranent as appertaines under the paine of Rebellion and puting of them to the honre With Certificatione etc As in the principall Lybell or letters of Complaint raised in the said matter with the executiones therof at more length is Contained Which Lybell or letters of Complaint Being this day Called in presence of the Lords of his Majesties privy Councill, And the said Alexander Leitch being absent and Jannet Weymes his Spouse Compeiring personally with Sir James Ogilvie her Advocat And Hew Ross John Rutherfoord and James Andersone thrie of the defenders Compeiring personally and Walter Adam and John Ogilvie the other two defenders being ofttimes Called and not Compeiring And Mr William Calderwood Advocat Compeiring as procurator for the haill defenders, The Lybell and answers therto read and both parties advocats fully heard The Saids Lords of privy Councill doe heirby Recomend to the Lord Hatton and the provest of Edinburgh To hear both parties in this matter and to examine the witnesses cited and to advyse the depositiones and probatione And to determine and Decerne in the haill matter as they shall find Just without necessity of makeing any report to the Councill.