Scottish Privy Council Records

Att Edinburgh the sixteinth day of December J^aj vj^c nyntie tuo years

A1692/12/32¹

Proclamation

Proclamation for apprehending Ensigne and Serjeant Campbell and regulating Levies off² recruitts

The Following proclamatione being read votted and approven wes signed and ordered to be recorded whereof the tenor followes.
William and Mary be the Grace of God King and Queen of Great Brittaine France and Ireland defenders of the faith To […] macers of our privie Councill or messengers at armes Conjunctly and Severally speciallie constitute Greeting Forasmuchas wee are weell Informed of a Cruell murder Committed by Ensigne […] Campbell in Collonel D’offerralls regiment And serjeant Robert Campbell his brother and there accomplices under silence and cloud of night upon Thomas Pickett servant to William Bryce waitter in Burghtoun while he wes Liveing peaceably in the duelling house of the said William Bryce his maister upon the tuelth day of December current without any Just cause or occasione Falseley pretending the said Thomas Pickett wes a deserter from that regiment And wee being Desyrous That the Committers of so haynous a murder should be brought to Condigne punishment Therefore wee with advyce of the Lords of our privie Councill doe hereby requyre and Command all our magistrates officers Souldiers and others our Leedges to doe there outmost Endeavour and diligence to apprehend the said Ensigne Campbell and his said brother And delyver them prisoners to any of the Magistrates of our burghes to be by them keeped in safe Custodie untill they be brought to tryall and suffer condigne punishment for the said cryme Indemnifyeing hereby all persones from all hazard of slaughter mutulatione or any other acts of violence which they may Comitt againest the said Ensigne and serjeant Campbells or any persones with them In apprehending the saids Ensigne and Serjeant Campbells And wee with advyce forsaid doe hereby peremptory Inhibite and Discharge all and everie our Leedges whatsomever to Shalter Harbor Conceall or any way assist or supplye the said Ensigne Campbell or his said brother upon there highest perrill And For Remeading the Inconveniencies which aryse From Irregular and dissorderly Levieing of souldiers or seizing of deserters on the on hand And for secureing our officers of such souldiers as they shall orderly conduce and take on and recovering deserters on the other hand wee with advyce forsaid strictly prohibite and discharge all Inhabitants within this Kingdome to shelter or resett any deserters and Requyre and Comand all our Leedges to secure any deserters alreadie resett by them And to delyver them to the next Justice of peace or Commissioner of assessment To be Committed by them or aither of them to the next prisone untill the matter be tryed aither by the shirreff of the shyre or his deputts or by some Justice of peace in the place or Magistrat of the burgh where the pairtie is secured and the persone so Comitted be aither absolved or delyvered to his officer or some other persone to his behooff under the pain of Ten pound sterling to be payed by the resetter not observing the premisses to the officer of the deserter The resetter alwayes knowing him to be a deserter And If any officer shall orderly conduce and take on any persone to be a souldier for our service who ever shall resett or Conceall him thereafter shall Incurr the Lyke penalty to be payed in maner forsaid And sicklyke wee with advyce forsaid strictly prohibite and discharge all officers and souldiers to seize upon or force any persone to engadge as souldiers but by the free choise and Consent of the persone taken on which is to be proven aither by tuo witnesses not being souldiers or by the oath of the pairty taken on under the Lyke penalty of Ten pound sterling To be payed by the said officers or souldiers to the persone Injured And Farder wee with advyce forsaid doe strictly forbid and discharge all officers souldiers and others Imployed to take on souldiers To break open doores at any tyme or to Invade or besett any house under silence and cloud of night upon pretence of searching for or apprehending any persone as deserters or souldiers taken on by them without a wreitten order from, or at Least the Concurrance of the Shirreff of the Shyre or Justice of peace in Landward or magistrat within burgh or the heretor of the ground where any souldier or deserter taken on is Resett under the pain of ten pound sterling money forsaid To be payed by the Contraveener of any pairt of the premises to the pairties Injured And wee with advyce forsaid Requyre and Comand all magistrates of burgh and landward to receave the Complaints to be made to them by any persone or persones of force and violence or any Irregular means made use of In seizing upon the Compleaners aither as deserters or to make up recruitts And to doe Justice therein with all expeditione as accords And sicklyke that they Grant Summar diligence to any officer souldier or other who shall desyre the same to seize upon deserters And to order all prisone keepers within there respective bounds to receave and secure such as shall be so seized upon And such as shall be orderly taken on and Engadged to be Souldiers The officers who seizes upon and delyvers them into Custodie alwayes obleidging themselves to sustaine and entertain the saids persones Dureing there continuance in prisone And farder that all our troops may be the more speedily recruitted for the ncessar defence of religion And all that is dear to us and our people wee with advyce forsaid requyre all shirreffs Bailzies of Regalityes Stewarts of Stewartries and there deputts Justices of peace and magistrates of Burghes within this Kingdome to Give readie Concurrance for seizing and secureing all vagabonds sorners and other Idle persones who (being able of Lim and Lith) do refuse to work or give a reasonable account how they earne there Liveing befor our saids Judges To the effect they may be delyvered to any of the officers at present makeing recruitts And by them be Imployed in our service as souldiers The saids pairties being alwayes apprehended by ane order from one or other of our Judges forsaids and examinatione taken by them that the saids persones are of the Conditiones and qualificationes foresaids And appoints them to be secured and entertained as is above appoynted conforme to many good Lawes made by our Royall predicessors for freeing the Countrie of such burdensome and Idle persones And that our pleasure in the premises may be knowen Our Will is Herefore And wee charge yow strictly and Command That Incontinent thir our Letters seen ye pass to the mercat croce of Edinburgh and mercatt crosses of the haill remanent heid burghes of this Kingdome and other places needfull And there in our name and authority By open proclamation make publicatione of the premises That none may pretend Ignorance and ordaines thir presents to be printed Given under our signet at Edinburgh the sexteinth day of December and of our reigne the fourth year J^aj vj^c and nyntie tuo years Sic subscribitur Tweddale cancel: Linlithgow Breadalbaine Tarbatt Raith Cardross Adam Cockburne John Lauder Archibald Murray Robert Sinclair.

At Edinburgh 16 December 1692

A1692/12/32¹

Proclamation

Proclamation for apprehending Ensigne and Serjeant Campbell and regulating levies of recruits

The following proclamation being read, voted and approved was signed and ordered to be recorded, whereof the tenor follows:
William and Mary by the grace of God king and queen of Great Britain, France and Ireland, defenders of the faith to […] macers of our privy council or messengers at arms jointly and severally specially constituted, greeting. Forasmuch as we are well informed of a cruel murder committed by Ensign […] Campbell in Colonel O’Farrell’s regiment and Serjeant Robert Campbell his brother and their accomplices under silence and cloud of night upon Thomas Pickett, servant to William Bryce, waiter in Broughton while he was living peacefully in the dwelling house of the said William Bryce his master upon 12 December current without any just cause or occasion, falsely pretending the said Thomas Pickett was a deserter from that regiment, and we being desirous that the committers of so heinous a murder should be brought to condign punishment, therefore we with advice of the lords of our privy council hereby require and command all our magistrates, officers, soldiers and others our lieges to do their utmost endeavour and diligence to apprehend the said Ensign Campbell and his said brother and deliver them prisoners to any of the magistrates of our burghs to be by them kept in safe custody until they are brought to trial and suffer condign punishment for the said crime, indemnifying hereby all persons from all hazard of slaughter, mutilation or any other acts of violence which they may commit against the said Ensign and Serjeant Campbell or any persons with them in apprehending the said Ensign and Serjeant Campbell, and we with advice foresaid hereby peremptorily inhibit and discharge all and every one of our lieges whatsoever to shelter, harbour, conceal or any way assist or supply the said Ensign Campbell or his said brother upon their highest peril; and for remedying the inconveniences which arise from irregular and disorderly levying of soldiers or seizing of deserters on the one hand and for securing our officers of such soldiers as they shall orderly conduce and take on and recovering deserters on the other hand, we with advice foresaid strictly prohibit and discharge all inhabitants within this kingdom to shelter or reset any deserters and require and command all our lieges to secure any deserters already reset by them and to deliver them to the next justice of peace or commissioner of assessment to be committed by them or either of them to the next prison until the matter be tried either by the sheriff of the shire or his deputes or by some justice of peace in the place or magistrate of the burgh where the party is secured, and the person so committed be either absolved or delivered to his officer or some other person to his behoof under the pain of £10 sterling to be paid by the resetter not observing the premises to the officer of the deserter, the resetter always knowing him to be a deserter, and If any officer shall orderly conduce and take on any person to be a soldier for our service whoever shall reset or conceal him thereafter shall incurr the same penalty to be paid in manner foresaid, and similarly we with advice foresaid strictly prohibit and discharge all officers and soldiers to seize upon or force any person to engage as soldiers but by the free choice and consent of the person taken on which is to be proven either by two witnesses not being soldiers or by the oath of the party taken on under the same penalty of £10 sterling to be paid by the said officers or soldiers to the person injured; and further we with advice foresaid strictly forbid and discharge all officers, soldiers and others employed to take on soldiers to break open doors at any time or invade or beset any house under silence and cloud of night upon pretence of searching for or apprehending any persons as deserters or soldiers taken on by them without a written order from, or at least the concurrence of the sheriff of the shire, or justice of peace in landward or magistrate within burgh or the heritor of the ground where any soldier or deserter taken on is reset under the pain of £10 sterling money foresaid to be paid by the contravener of any part of the premises to the parties injured; and we with advice foresaid require and command all magistrates of burghs and landward to receive the complaints to be made to them by any person or persons of force and violence or any irregular means made use of in seizing upon the complainers either as deserters or to make up recruits and to do justice therein with all expedition as required, and similarly that they grant summary diligence to any officer, soldier or other who shall desire the same to seize upon deserters and to order all prison keepers within their respective bounds to receive and secure such as shall be so seized upon and such as shall be orderly taken on and engaged to be soldiers, the officers who seize upon and deliver them into custody always obliging themselves to sustain and entertain the said persons during their continuance in prison; and further that all our troops may be the more speedily recruited for the ncessary defence of religion and all that is dear to us and our people, wee with advice foresaid require all sheriffs, bailies of regalities, stewarts of stewartries and their deputes, justices of peace and magistrates of burghs within this kingdom to give ready concurrence for seizing and securing all vagabonds, sorners and other idle persons who (being able of limb and lithe) refuse to work or give a reasonable account how they earn their living before our said judges to the effect they may be delivered to any of the officers at present making recruits and by them be employed in our service as soldiers, the said parties being always apprehended by an order from one or other of our foresaid judges and examination taken by them that the said persons are of the foresaid conditions and qualifications, and we appoint them to be secured and entertained as is above appointed according to many good laws made by our royal predecessors for freeing the country of such burdensome and idle persons, and that our pleasure in the premises may be known, our will is herefore and we charge you strictly and command that immediately these our letters are seen you pass to the mercat cros of Edinburgh and mercat crosses of all the other heed burghs of this kingdom and other necessary places, and there in our name and authority by open proclamation make publication of the premises that none may pretend ignorance, and ordain these presents to be printed. Given under our signet at Edinburgh 16 December and of our reign the fourth year 1692. Subscribed: Tweeddale, chancellor; Linlithgow; Breadalbane; Tarbat; Raith; Cardross; Adam Cockburn; John Lauder; Archibald Murray; Robert Sinclair.

1. PC1/48, 517-19.

2. The words ‘Levies off’ are inserted above the line.