Tag Archives: 13 July 1694

Decreet, 13 July 1694, Edinburgh

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Edinburgh the threttein of Jully 1694

D1694/7/231

Decreet

Certificatione Strathmore his tennents Against Irones

Anent the Lybell of letters raised and pursued before the Lords of their majesties privy Councill at the instance of Patrick Earle of Strathmore Robert Lovan and William Baxters two of the saids Earles tennents Liveing in the Newtoune of Airly with concourse of Sir James Stewart ther majesties advocat for their majesties intrest in the matter underwritten makeing mention That albeit the Impeding and stoping of their majesties service in the outreik of the present Levies and the violent seizeing upon and by force carieing away the persones of these who were Designed as Souldiers in the said Levie, And the falling upon threatning beatting and wounding of such as hade the Custody of any other persones Designed to be put out in the said Levie are Crymes of ane high nature and severly punishable By the Lawes and acts of parliament of this kingdome and by severall acts and proclamationes emitted by the Lords of privy Councill yet nevertheless It is of verity That James Cay undermiller at Brydgestoune within the Earle of Strathmores propertie being a lustie young fellow and fitt for the service of his majesties present Levie was seazed upon by the said Earles speciall order by some tennants in the nighbourhead as he was runing away from Brydgestoune and was in Custody (being so taken) by the saids Robert Louain and William Baxter pursuers and when they were Advanced with the said James Cay a quarter of a myle or therby in their way to the house of Glammiss, James Irones at the mylne of Dalyvaird, James Ratray his servant David Bowaiks and Thomas Why in Grainge of Airly his accomplices overtook the saids pursuers in the high way, The said James Irones Carieing a gun in his hand and other offencive Weapons by him and the other thrie being armed with Dirks staffs pistolls Guns and other Weapons invasive Did by violent hands upon the said Robert Lounan and William Baxter pursuers Requyreing them to let James Cay goe, whill the said pursuers refuseing, The saids James Irons and his saids accomplices Cruelty beat Robert Lounan one of the saids pursuers with their weapons, And the saids James Irons offered to shott him, which he hade certainely done if his gun hade not been put by thrie severall times, Wherupon he Clubbed his Gun and offered to beat out his braines and the others threatned to strick and actually did beat him and William Baxter the other pursuer till they were forced for fear of their Lives to quyte the said James Cay prisoner to them, The said James Irons and his accomplices abovenamed being to strong for the said pursuers And so they rescued the said James Cay with these threatnings and strocks abovementioned and continue still to minace the said Robert Lounan and William Baxter pursuers at the Church and else wher they mett them, Thus by their manifast violence and outrage disappointed the said Earle of one of these men whom he hade destined for their majesties service in this present Levie Committing the same in the Earles oun 2 ground and upon the high way And Therfore the saids persones being in the guilt at least airt and pairt of the above crymes ought and should not only be decerned to redeliver the said James Cay to the saids pursuers But likewayes Ought and should be punished in their persones and goods to the terror of others to Comitt the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords personally at ane certaine day now bygone To have answered the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall think fitt as in the principall letters of lybell raised in the said matter at more length is Contained, Which Lybell being this day Called in presence of the Lords of their majesties privy Councill And the said Earle Compeiring personally with Mr William Aikman advocat for the haill pursuers who Declared that he insisted only against the said James Irons and past from the rest of the defenders and the said James being Lawfullie cited oft tymes Called and not Compeiring, The said Mr William Aikmen Craved that Certificatione and letters of Denunciatione might be direct against him The saids Lords doe heirby Grant Certificatione against the said James Irons In respect of his absence and not Compeirance And Ordaines letters to be direct to maccers or messengers at armes Comending them to pass to the marcat Cross of […] and other places needfull and their majesties name and authoritie duely Lawfully and orderly Denunce the said James Irons their majesties rebells and put him to their highnes horne Escheat and in bring all his Moveaball goods and Geir to his majesties use for his Contemption and disobedience.

Edinburgh the threttein of Jully 1694

D1694/7/231

Decreet

Certificatione Strathmore his tennents Against Irones

Anent the Lybell of letters raised and pursued before the Lords of their majesties privy Councill at the instance of Patrick Earle of Strathmore Robert Lovan and William Baxters two of the saids Earles tennents Liveing in the Newtoune of Airly with concourse of Sir James Stewart ther majesties advocat for their majesties intrest in the matter underwritten makeing mention That albeit the Impeding and stoping of their majesties service in the outreik of the present Levies and the violent seizeing upon and by force carieing away the persones of these who were Designed as Souldiers in the said Levie, And the falling upon threatning beatting and wounding of such as hade the Custody of any other persones Designed to be put out in the said Levie are Crymes of ane high nature and severly punishable By the Lawes and acts of parliament of this kingdome and by severall acts and proclamationes emitted by the Lords of privy Councill yet nevertheless It is of verity That James Cay undermiller at Brydgestoune within the Earle of Strathmores propertie being a lustie young fellow and fitt for the service of his majesties present Levie was seazed upon by the said Earles speciall order by some tennants in the nighbourhead as he was runing away from Brydgestoune and was in Custody (being so taken) by the saids Robert Louain and William Baxter pursuers and when they were Advanced with the said James Cay a quarter of a myle or therby in their way to the house of Glammiss, James Irones at the mylne of Dalyvaird, James Ratray his servant David Bowaiks and Thomas Why in Grainge of Airly his accomplices overtook the saids pursuers in the high way, The said James Irones Carieing a gun in his hand and other offencive Weapons by him and the other thrie being armed with Dirks staffs pistolls Guns and other Weapons invasive Did by violent hands upon the said Robert Lounan and William Baxter pursuers Requyreing them to let James Cay goe, whill the said pursuers refuseing, The saids James Irons and his saids accomplices Cruelty beat Robert Lounan one of the saids pursuers with their weapons, And the saids James Irons offered to shott him, which he hade certainely done if his gun hade not been put by thrie severall times, Wherupon he Clubbed his Gun and offered to beat out his braines and the others threatned to strick and actually did beat him and William Baxter the other pursuer till they were forced for fear of their Lives to quyte the said James Cay prisoner to them, The said James Irons and his accomplices abovenamed being to strong for the said pursuers And so they rescued the said James Cay with these threatnings and strocks abovementioned and continue still to minace the said Robert Lounan and William Baxter pursuers at the Church and else wher they mett them, Thus by their manifast violence and outrage disappointed the said Earle of one of these men whom he hade destined for their majesties service in this present Levie Committing the same in the Earles oun 2 ground and upon the high way And Therfore the saids persones being in the guilt at least airt and pairt of the above crymes ought and should not only be decerned to redeliver the said James Cay to the saids pursuers But likewayes Ought and should be punished in their persones and goods to the terror of others to Comitt the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords personally at ane certaine day now bygone To have answered the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall think fitt as in the principall letters of lybell raised in the said matter at more length is Contained, Which Lybell being this day Called in presence of the Lords of their majesties privy Councill And the said Earle Compeiring personally with Mr William Aikman advocat for the haill pursuers who Declared that he insisted only against the said James Irons and past from the rest of the defenders and the said James being Lawfullie cited oft tymes Called and not Compeiring, The said Mr William Aikmen Craved that Certificatione and letters of Denunciatione might be direct against him The saids Lords doe heirby Grant Certificatione against the said James Irons In respect of his absence and not Compeirance And Ordaines letters to be direct to maccers or messengers at armes Comending them to pass to the marcat Cross of […] and other places needfull and their majesties name and authoritie duely Lawfully and orderly Denunce the said James Irons their majesties rebells and put him to their highnes horne Escheat and in bring all his Moveaball goods and Geir to his majesties use for his Contemption and disobedience.

1. NRS, PC2/25, 35r-36v.

2. The word ‘hand’ scored out here.

1. NRS, PC2/25, 35r-36v.

2. The word ‘hand’ scored out here.

Procedure: report, 13 July 1694, Edinburgh

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Edinburgh the threttein of Jully 16941

D1694/7/222

Procedure: report

Report of the Comittie anent suficiant and insuficiant men and interloquitor theron anent the Viscount of Strathallan and others.

The Committie of privy Councill appoynted for Considering the returnes sent to their majesties Solicitor anent the deficient and insuficient men Sederunt the Earle of Leven, Viscount of Tarbat and Blaickbarrony The Comittie haveing Considered that the Viscount of Strathallan Is Charged to put out a suficient man in place of Duncan Erskine, And haveing seen ane act of the Commissioners of Supply within the shyre of Pearth That my Lord Strathallans proportion of the Levies with the fractiones adjoyned to him Extends to two men and haveing seen a recept of Captain Laughlan McClean to the Viscount for two suficient men of different names from Duncan Erskine It is the opinion of the Comittie That the Viscount should not be troubled for the insuficient man seing his men were suficient And this Duncan Erskine is not put out by the Viscount, And that the Viscount is suficiently exonered and that the Captaine ought to be Called to answer for his misbehavior /2o/ The Comittie haveing seen ane extract of a recept granted be Lauchlan McClean Captaine in Collonell Mckay his regiement to David Drumond of Innermay for two men quherof one found suficient be the Captaine, and the other called Mathow Murray found suficient by the Commissioners of Pearth shire and that as Innermayes proportione of the new Levie, And Finding that Innermay is charged to put out a suficient man in place of James Furd It is the Committies oppinion That Innermay should be exonered In Respect his too men are found suficient as above the one by the Captain and the other be the Commissioners of supply and if one of the two be insuficient It must be the man whom the Captaine receives a suficient; seing the other man found suficant be the Commissioners is named Mathow Murray and the Captaine should be Called to make answer for him; Ther is a stated report as to the 3 Controverted bounds in Invernes and Nairne shires given in in4 a paper a part, and alse all other deficients not Contained in these Contraverted bounds, The Comittie offers to the Councill that without quartureing these Levies will not be made effectuall Especially in the highlands sic subscribitur Leven Tarbat Archibald Morray, Eodem die Sederunt as in the above page The Comittie Finding that the toune of Elgine is Charged to put out a suficient man in place of John Pittiesone and haveing seen ane attested Coppie by two nottars of a recept be Captaine Gibsone in Coll Mckay his regiement to the said toune for seven suficient men as their proportione of their militia foot within the shire of murray to serve in the said regiment It is the Committies oppinion that the toune Ought to be exonored of any insuficient men and Captaine Gibsone ought to be called to make answer for this insuficient man, Sic Subscribitur Leven Tarbat Archibald Murray Edinburgh twentie fifth Jully Jaj vjc nyntie four Sederunt Earl of Leven Viscount Tarbat Laird of Blaikbarony Lord Provest of Edinburgh The Earle of Cassills Compeired before the Committie and haveing Declaired that he was Charged to put Out a suficient man in place of a man alledged put out be him, and returned a insuficient The Earle produced a Discharge granted be Livt Coll James Bruce to John Hamiltone the Earles Chamberland for seven men as the Earles proportione of the new Levies in the shire of Air, The Comittie haveing seen and Considered the Discharge t is ther oppinion That the Earle should be exonered as to any insuficient men and the officer called to answer for them sic subscribitur Leven Archibald Murray The Comittie Finds that Denunciationes has not been effectuall to make up the deficient or insuficient men the most of them being in the highlands And Therfore Remitts to the Councill to Consider what other methods may be effectuall to make them up, The Committie being informed that by a difference betwixt the shyres of Fyfe and Kinross ther is a man wanting to the king, It is the Comitties oppinion that two of the Commissioners for each of the saids shires be appointed to meet at Faulkland and adjust the said difference and to make up the man to the king The Lords of their majesties privy Councill haveing this day Considered the foregoeing report They heirby approve of the same as to the Viscount of Strathallan, The Laird of Innermay the toune of Elgine and the Earle of Cassills and Ordaines particular acts to be extracted In favors of each of the saids thrie persones and of the said toune for their exoneratione in the termes of the report and appoints the Solicitor to cause Captaine Lauchlan McClean in Coll Mckayes regiement to answer for the insuficient men Charged upon the Viscount of Strathallan and Innermay, and to Cite Captaine Gibbons in the same regiement to answer for the insuficient man Charged upon the toune of Elgine and to cite Livt Coll James Bruce to answer for the insuficient man charged upon the Earle of Cassills, And assignes the first day of September nixt for citeing the saids officers to appear before the Councill and answer to the effect forsaid.

Edinburgh the threttein of Jully 16941

D1694/7/222

Procedure: report

Report of the Comittie anent suficiant and insuficiant men and interloquitor theron anent the Viscount of Strathallan and others.

The Committie of privy Councill appoynted for Considering the returnes sent to their majesties Solicitor anent the deficient and insuficient men Sederunt the Earle of Leven, Viscount of Tarbat and Blaickbarrony The Comittie haveing Considered that the Viscount of Strathallan Is Charged to put out a suficient man in place of Duncan Erskine, And haveing seen ane act of the Commissioners of Supply within the shyre of Pearth That my Lord Strathallans proportion of the Levies with the fractiones adjoyned to him Extends to two men and haveing seen a recept of Captain Laughlan McClean to the Viscount for two suficient men of different names from Duncan Erskine It is the opinion of the Comittie That the Viscount should not be troubled for the insuficient man seing his men were suficient And this Duncan Erskine is not put out by the Viscount, And that the Viscount is suficiently exonered and that the Captaine ought to be Called to answer for his misbehavior /2o/ The Comittie haveing seen ane extract of a recept granted be Lauchlan McClean Captaine in Collonell Mckay his regiement to David Drumond of Innermay for two men quherof one found suficient be the Captaine, and the other called Mathow Murray found suficient by the Commissioners of Pearth shire and that as Innermayes proportione of the new Levie, And Finding that Innermay is charged to put out a suficient man in place of James Furd It is the Committies oppinion That Innermay should be exonered In Respect his too men are found suficient as above the one by the Captain and the other be the Commissioners of supply and if one of the two be insuficient It must be the man whom the Captaine receives a suficient; seing the other man found suficant be the Commissioners is named Mathow Murray and the Captaine should be Called to make answer for him; Ther is a stated report as to the 3 Controverted bounds in Invernes and Nairne shires given in in4 a paper a part, and alse all other deficients not Contained in these Contraverted bounds, The Comittie offers to the Councill that without quartureing these Levies will not be made effectuall Especially in the highlands sic subscribitur Leven Tarbat Archibald Morray, Eodem die Sederunt as in the above page The Comittie Finding that the toune of Elgine is Charged to put out a suficient man in place of John Pittiesone and haveing seen ane attested Coppie by two nottars of a recept be Captaine Gibsone in Coll Mckay his regiement to the said toune for seven suficient men as their proportione of their militia foot within the shire of murray to serve in the said regiment It is the Committies oppinion that the toune Ought to be exonored of any insuficient men and Captaine Gibsone ought to be called to make answer for this insuficient man, Sic Subscribitur Leven Tarbat Archibald Murray Edinburgh twentie fifth Jully Jaj vjc nyntie four Sederunt Earl of Leven Viscount Tarbat Laird of Blaikbarony Lord Provest of Edinburgh The Earle of Cassills Compeired before the Committie and haveing Declaired that he was Charged to put Out a suficient man in place of a man alledged put out be him, and returned a insuficient The Earle produced a Discharge granted be Livt Coll James Bruce to John Hamiltone the Earles Chamberland for seven men as the Earles proportione of the new Levies in the shire of Air, The Comittie haveing seen and Considered the Discharge t is ther oppinion That the Earle should be exonered as to any insuficient men and the officer called to answer for them sic subscribitur Leven Archibald Murray The Comittie Finds that Denunciationes has not been effectuall to make up the deficient or insuficient men the most of them being in the highlands And Therfore Remitts to the Councill to Consider what other methods may be effectuall to make them up, The Committie being informed that by a difference betwixt the shyres of Fyfe and Kinross ther is a man wanting to the king, It is the Comitties oppinion that two of the Commissioners for each of the saids shires be appointed to meet at Faulkland and adjust the said difference and to make up the man to the king The Lords of their majesties privy Councill haveing this day Considered the foregoeing report They heirby approve of the same as to the Viscount of Strathallan, The Laird of Innermay the toune of Elgine and the Earle of Cassills and Ordaines particular acts to be extracted In favors of each of the saids thrie persones and of the said toune for their exoneratione in the termes of the report and appoints the Solicitor to cause Captaine Lauchlan McClean in Coll Mckayes regiement to answer for the insuficient men Charged upon the Viscount of Strathallan and Innermay, and to Cite Captaine Gibbons in the same regiement to answer for the insuficient man Charged upon the toune of Elgine and to cite Livt Coll James Bruce to answer for the insuficient man charged upon the Earle of Cassills, And assignes the first day of September nixt for citeing the saids officers to appear before the Councill and answer to the effect forsaid.

1. NRS, PC2/25, 33v.

2. NRS, PC2/25, 33v-35r.

3. The word ‘Cour’ scored out here.

4. Sic.

1. NRS, PC2/25, 33v.

2. NRS, PC2/25, 33v-35r.

3. The word ‘Cour’ scored out here.

4. Sic.