Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Twentie Seventh day of June J^aj vii^c years

D1700/6/11

D1700/6/11¹

Act

Act The Lady Strowan

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill Be The Lady, Strowan, and Margaret, Jannet and Allison Robertones her daughters. Shewing That the petitioner the Lady Strowan haveing raised ane process before the saids Lords against Duncan Robertsone ane most ingrate and undutifull Sone to her, For severall autrages acts of Bangstrie and oppression Committed against her and her tennents wherin some witnesses hade been adduced and examined, and by Whose depositiones it was convinceingly clear That the said Duncan hath been guilty of the acts of oppression and violence against his mother in Maner Lybelled, Bot ther being Some farder witnesses to be adduced for concludeing the probation who are not examined No messengers dareing to give to that Countrey to put the petitioners Second dilligence against the witnesses in executione The Said Duncan for preventing therof And as ane addition to his former guilt haveing now Convocat and gathered togither ane Considerable number of Idle Vagabonds and Ruffians who all of them being armed to have oppenly and avowedly Laid waste the petitioners whole Joynture Lands and banished the tennents and their goods theirfrae, And particularly hath Seased upon Mrs Margaret Robertsone his sister who possessed one of these roomes her whole goods and Caried them away with his pertie, and not only so Bot when a partie of his Majesties forces then in Garisone at Carie came at her desire in order to rescue her goods and protect her in the possession, They did fire upon them Eight or nyne severall Shott, and therafter the Commander of the partie haveing inquyred at the said Duncan how it was and on what account that he did head so many armed men, He very ingeneously acknowledged That it was to dispossess the said Lady Strowan his mother and her tennents and which he hath done very effectually And Likewayes hath Laid waist any possession his other Sister Mrs Jannet hade Wherby the petitioners are ruined publict authority Contemned and his Majesties forces Also weell as others exposed to eminent danger, so that it seems necessary That such unwarrantable Convocationes be quailled and dissipate And the Ringleaders Seazed upon and punished without which both the publict peace of the kingdome and intrest of privat parties was insecure And Therfore Humbly Craveing the saids Lords would be pleased to order the Seazing upon and apprehending the said Duncan Robertson and his accomplices wherever they may be found, And Likewayes that the said Mrs Margret Robertsone her goods taken away by the said Duncan and his partie may be seazed upon wher ever the same can be found and redelivered to her, and that the nixt adjacent souldiers to the petitioners Joynture Lands might be Ordained to protect and defend the petitioners tennants in their possessiones, And that seing ther has been so highneous ane injury done to his Majesties forces, and that by the said Duncan Cruell and outrageous acts the publict peace has been disturbed And that the Lady and her other Cheldrein by his Laying the Lands waste and Seazing and Carieing away their goods hade rendered them altogither incapable to persew for redress they being reduced to these Straits and difficultie that they hade not wherupon to Leave It was therfore Likewayes humbly Craved that the saids Lords would be pleased to ordaine the said Duncan and his accomplices to be pursued upon the publict charge As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Lady Strowan, Margaret, Jannet and Alison Robertsones her daughters; With a Letter direct from John Reid to Collonell James Fergusone or in his absence to the Commandant at Pearth relateing to the same affair mentioned in the petition, They hereby Give order and warrant to the said Collonell James Fergusone or the said Commandant and Souldiers under their Command Lying at […] To Seaze upon and apprehend the persone of the above Duncan Robertsone the petitioners sone and to Cause send him to the Tolbooth of Edinburgh under a sufficient guard, And ordaines the Magistrats of Edinburgh and keeper of their Tolbooth receive the said Duncan Robertsone from the party to be sent by the said Collonell Fergusone or Commandant and to keep him prisoner in their Tolbooth till farder order and allowes the said Lady Strowan and her daughters to raise a persuite against her said sone in Comon forme.