Judicial Proceeding, 10 December 1700, Edinburgh

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

D1700/6/12

D1700/6/12¹

Act

Act Claud Hamilton of Barnes etc

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Cloud Hamilton of Barnes […] Edmonston of Duntreath, John Spreull of Milntoune John Stirling alias Campbell of Law, Walter Buchannan of Gillistoune John Mackrae of Holl, John Hunter Robert Mirosione […] Boigle, William Laing John and William Johnstounes, James Findlay […] Calquhoune daughter to umquhill John Calquhoune of Auchintorlie, James Lainge Brock James Donald Alexander Douglas and […] Hamilton heritors and their tenents of the Lands of Barnes, Killbowies Balquhannoran Milnetoune Auchinleck Breadfeild Edinbarned Cochnayes Dintaglennan, Auchintoshen, Easter and wester Kilpatricks Shewing That albeit quartering of Souldiers for any Civill debt for execution of any Civill right be strictly prohibited and Discharged ay in any acts of parliament as manifast oppression yet Cathcart Ensigne in the Castle of Dumbartone at the desire of John Walkinshaw factor to the Dutches of Lennox Did by ane order under his hand dated the thretein day of this moneth of June Send a partie to quarter upon the petitioners upon pretence of uplifting Some watch maill alledged due by the petitioners to the Duke or Dutches of Lennox And in prosecutione of the forsaid order the forsaid partie have Lyen and Continued to exact free quarters from the petitioners to their heavie oppression and in manifast Contempt both of acts of parliament and Claime of right against such practises particularly against Military executione for Civill rights Which if Tollerat would very soon ruin Small heritors and their tennants And the saids Lords in the Case of Sir William Hope and Gordon, Haveing Found such practises altogither Illegall though the Circumstances in that cause were not so attrocious as here And Therfore Humbly Craveing his Grace and the saids Lords would be pleased Not only to order the said partie to be removed from the petitioners without any expensses, or Rideing money Bot Likewayes Grant warrand to the petitioners for Citeing Ensigne Cathcart Corporall William Robertsone who Comanded the partie and Livetennant John Walkingshaw to answer before the saids Lords for the said Manifast oppression and free quartering Contrary to Law as the said petition bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Claud Hamiltone of Barnes and others They hereby Ordaine the above partie quartered upon the petitioner to be removed from off them and that without any expensses or ryding money And in the mean time allowes the above Ensigned Cathcart Corporall Robertson and Livetenant Walkingshaw to see and answer the above petition as to the remanent points therof.