The Lords of the Privy Council, on Adair’s petition, were at no loss to see how unjust the Jacobite Sir Robert’s proceedings |1691.| were towards the nation, which, by parliamentary grant, was paying Adair for his work. They therefore ordered the hydrographer to go on with his work, notwithstanding Sibbald’s opposition, ordering the latter to deliver up the contract on which it rested.
Sir Robert Sibbald afterwards reclaimed against the award of the Privy Council, setting forth a great array of rights connected with the case; but he spoke from the wrong side of the hedge, and his claim was refused.[[52]]
Jan. 21.
Captain Burnet of Barns was now recruiting in Edinburgh for a regiment in Holland. As the service was so much to be approved of, it was the less important to be scrupulous about the means of promoting it. A fatherless boy of fourteen, named George Miller, was taken up to Burnet’s chamber, and there induced to accept a piece of money of the value of fourteen shillings Scots, which made him a soldier in the captain’s regiment. He seems to have immediately expressed unwillingness to be a soldier; but the captain caused him instantly to be dragged to the Canongate Tolbooth, and there kept in confinement. Some friend put in a petition for him to the Privy Council, setting forth that he had been trepanned, and ‘had no inclination to be a soldier, but to follow his learning, and thereafter other virtuous employments for his subsistence.’ It was even hinted that the boy’s father, Robert Miller, apothecary in Edinburgh, had been ‘a great sufferer in the late times.’ All was in vain; two persons having given evidence that the boy had ‘taken on willingly’ with Captain Burnet, the Council ordained him to be delivered to that gentleman, ‘that he may go alongst with him to Holland in the said service.’
Burnet’s style of recruiting was by no means a singularity. A few days after the above date, as John Brangen, servant to Mr John Sleigh, merchant in Haddington, was going on a message to a writer’s chamber in Edinburgh with his master’s cloak over his arm, he was seized by Sergeant Douglas, of Douglas of Kelhead’s company, carried to the Canongate Tolbooth, and thence hurried like a malefactor on board a ship in the road of Leith bound for Flanders. This man, though called servant, was properly clerk and shopman to his master, who accordingly felt deeply aggrieved by his abduction. At the same time, Christian Wauchope |1691.| petitioned for the release of her husband, William Murdoch, who had been ‘innocently seized’ and carried off eight days ago by Captain Douglas’s men, ‘albeit he had never made any paction with them;’ ‘whereby the petitioner and her poor children will be utterly starved.’ Even the town-piper of Musselburgh, James Waugh by name, while playing at the head of the troop, and thinking of no harm, had been carried off for a soldier. ‘If it was true,’ said his masters the magistrates, ‘that he had taken money from the officers, it must have been through the ignorance and inadvertency of the poor man, thinking it was given him for his playing as a piper.’ He had, they continued, been ‘injuriously used in the affair by sinistrous designs and contrair to that liberty and freedom which all peaceable subjects ought to enjoy under the protection of authority.’
The government seems to have felt so far the necessity of acting up to their professions as the destroyers of tyranny that, in these and a few other cases, they ordered the liberation of the prisoners.
A few months later, occurred a private case in which something very like manstealing was committed by one of the parties in connection with this unscrupulous recruiting system.
Aug.
Robert Wilson, son of Andrew Wilson in Kelso, was servant to Mrs Clerkson, a widow, at Damhead (near Edinburgh?). On finding that his mistress was about to take a second husband, he raised a scandal against her, in which his own moral character was concerned, and she immediately appealed for redress to Master David Williamson, minister of St Cuthbert’s parish. Two elders came to inquire into the matter—Wilson evaded them, and could not be found. Then she applied for, and obtained a warrant from a justice of peace to apprehend Wilson, who now took to hiding. Four friends of hers, James Bruntain, farmer at Craig Lockhart; David Rainie, brewer in Portsburgh; James Porteous, gardener at Saughton; and James Borthwick, weaver at Burrowmuirhead, accompanied by George Macfarlane, one of the town-officers of Edinburgh, came in search of Wilson, and finding him sleeping in the house of William Bell, smith in Merchiston, dragged him from bed, and in no gentle manner hurried him off to Macfarlane’s house, where they kept him tanquam in privato carcere for twenty-four hours. On his pleading for permission to go to the door for but a minute, swords were drawn, and he was threatened with instant death, if he offered to stir. Professedly, they were to take him before the justices; but a better conclusion to the adventure occurred to them. Captain Hepburn, an officer |1691.| about to sail with his corps to Holland, was introduced to the terror-stricken lad, who readily agreed to enlist with him, and accepted a dollar as earnest. Before he quitted the care of his captors, he signed a paper owning the guilt of raising scandal against his late mistress.
The father of the young man complained before the Privy Council of the outrage committed on his son, as an open and manifest riot and oppression, for which a severe punishment ought to be inflicted. He himself had been ‘bereaved of a son whom he looked upon to be a comfort, support, and relief to him in his old age.’ On the other hand, the persons complained of justified their acts as legal and warrantable. The Lords decided that Robert Wilson had ‘unjustly been kept under restraint, and violence done to him;’ but the reparation they allowed was very miserable—a hundred merks to the aggrieved father.[[53]]