Warrant, 21 December 1699, Edinburgh

Att Edinburgh the Twentie one day of December J^aj vi^c nyntie nyne years

D1699/12/11

D1699/12/11¹

Act

Act and Remitt Mr William Gordon Against Sir William Hope

Anent the lybell or Letters of Complaint raised and pursued before the Lords of his majesties privy Councill at the Instance of Mr William Gordon of Balcomie advocat and Elizabeth Wood his spouse and by his Speciall Warrant, With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Mentioning That wher by the Lawes of this and all other well governed realmes violent langstrie and oppression are discharged, And that non should doe himself right at his oun hand Specially by Military executione without the warrant of any previous legall Sentance and to the ruin and undoeing of the persons opprest And that to doe in the Contrary is a Cryme of ane high nature and ought to be severly punished, Nevertheless It is of verity That Sir William Hope of Kirklistoune and deputy Governor of the Castle of Edinburgh Shakeing of all due regaird to his majesties Lawes and authority Did under pretence of his haveing ane assurance from the Tacksmen of the Estate of Balcombie of their tack and of a disposition that the Tacksmen hade from the said Mr William Gordon of his right of the teynds of Balcombie for their releiff and security against a Certaine debt due to Sir Robert Enster incase the free Super plus profitt of the Tack of the Stock Should not pay that debt, Did upon the fourtein or ane or other of the dayes of December instant without any previous Legall Sentance warrant or dilligence whatsomever and after the Sum was sett, Send a Serjant with four Souldiers out of the castle of Edinburgh With a warrant in these very termes, serjant yow are hereby ordered with your partie to goe to the teynd Barne of Balcombie and to take possession therof and of the barn yeard Dowcat and Cuningarie therof and fishing of fynes² this yow Shall doe as yow shall be answerable Subscrybed William Hope, And accordingly the said Serjant and Souldiers did violently break up the barne doors and Seazed all the Cornes therin, and Lodged them selves in the Barne and would not Suffer any fodder to be Caried out for the Mentinence of Twenty six head of Cattle horss and Nolt then upon the Maynes, and which for want were all put in hazard of Starving if not now actually Starved, Which damnadges cannot account to Less then the Soume of ane Thousand pounds Scots And Further the said souldiers and Serjants on pretence of the said warrant went to Fifnes and Discharged under severe Minaces Mr William Fishers of two boats of his own and the other fishers of the Town wherof the teynd fish be ³ longs to Mr William to give him ane Tack of Fish upon which resent violence and un heard of oppression; The said Mr William Gordon did instantly dispatch the said Elizabeth Wood his spouse to Complain to the Lords of his majesties privy Councill for the remeedy necessary, He himself being oblidged to remaine at home for preventing of furder hurt and mischeif by such an extraordinary oppressive practise By all which it is evident that the said Sir William Hope is guiltie airt and part of the forsaid Ryot and oppression which being proven the said Sir William Ought not only to be Decerned to repossess the forsaid pursuers to their full right and possession and to pay to the said pursuers the soume of […] for damnadge intrest and expenses, But also furder punished by Sentance of the saids Lords of privy Councill in his persone and goods as they shall see Cause to the terror and example of others to comitt the Like in any time comeing And Anent the Charge given to the said defenders To have Compeared personally befor the saids Lords at ane Certaine day now bygone To have answered to the points of the said Complaint And to have heard and seen such order and course taken theranent as the saids Lords should find Just As in the said Lybell or Letters of Complaint and executiones therof more fully is Contained Which Lybell being this day called in presence of the saids Lords of his Majesties privy Councill And the said Mr⁴ William Gordon one of the pursuers being oft times called and not Compearing And his said spouse the other pursuer Compearing personally with Sir James Stewart his Majesties advocat Sir David Thores Mr William Hage and Mr Alexander Abercrombie advocats for both pursuers And the said Sir William Hope defender Compearing personally with Mr David Dalrymple and Sir Walter Pringle his advocats, The Lybells and Answers therto for the defender being both⁵ read and both parties Lawiers fully heard, The saids Lords Remitts the Point of right and possession to the Lords of Councill and Session to be discust be them Summarly without abydeing the Course of the roll Bot prejudice of any Sequestratione In favors of the said Sir William Hope or his authors Laid on by Order of the Shirriff of Fyfe and his deputes.