Act, 28 December 1703, Edinburgh

Edinburgh 9th March 1703 post meridiem

D1703/3/11

D1703/3/11¹

Act

Act Infavours off Sir David Cunynhame of Robertland

Annent The petition given in and presented to the Lords off Her Majesties privie Councill By Sir David Cunynghame off Robertland Shewing That there being a depending proces againest the petitioner and some others befoir their Lordships at the instance off John Norie Factor off the Estate off Robertland and Sir David Cunynghame off Mylne Craig, For dispossessing the said John Norie out of the house of Robertland The petitioner and three others Towit Robert Hamilton, John and William Heries who are alleadged to have been his accomplices have been keept prisoners For these seaverall weeks bygone First in the Tolbuith off Glasgow and now in the Tolbuith of Edinburgh and are in a most necessitous low condition The petitioner hes therfor applyed to their Lordships not in the least to Justiefie any illegall action Bot to Declair That it was never the petitioners intention To disturb the Government or wrong any particular persone and is heartily sorrie iff it hes been his Misfortune either through Simplicitie, ignorance or necessity, to be guilty of either The petitioner Beggs pardon off their Lordships and off every other persone particularly off the said Sir David Cunynghame off Milne Craig with whom the petitioner desires to live peaceablie and Friendly And shall be cairfull never to be guilty off the least disorderly action wherby either he or any others may be prejudged For which end The petitioner is willing to Enact himself under what penaltie their Lordships shall think fit, even off, infamie and banishment it self which is all the securitie thats possible For the petitioner to give And Therfor creaving Their Lordships To Consider and pitie the petitioners Low Condition and these poor men above named who suffer on the petitioners account To the Ruine off their families and grant warrand to set the petitioner at liberty on their giveing Bond and Enacting themselves as afoirsaid As the said petition bears Which petition Being upon the Nynth of March instant Read in presence off the saids Lords They heirby nominated and appointed The Earle of Loudoun, Lord Advocat, Lord Justice Clerk Enstruther and Tillecultrie To be a Committee To Consider the petitioner and matter therin represented And to call and hear pairtes befoir their Lordships upon the points therin represented And set the petitioner with Robert Hamiltoun, John and William Herries, alleadged his accomplices who are at present in prison with him at liberty furth off the said prisone or not as they shall see cause And Recommends to the said Committee to meet to morrow morning at Ten off the Clock in the Foirnoon And Declaires any two off their Lordships a Sufficient quorum In obedience to which Interloquitor The said Committee Haveing meet They gave their report as Followes Edinburgh the Fyfteen of March J^aj vij^c and Three Committee annent Sir David Cunynghame of Milne Craig and Sir David Cunynghame off Robertland and For considering the matter Represented in Robertlands petitione Sederunt The Earle of Loudoun and Lord Tillecultrie The above Committee Haveing sent ane Macer For Robertland And being desired By Sir David Cunynghame off Milne Craig that he might signe the petitione given in by him To the Lords off Her majesties privie Councill As also iff he would accknowledge In presence off the Lords off the Committee That he Did Dispossess John Norie From the house of Robertland and possesst himself therof some wer armed and some not And being lykewayes inquyred at iff he would Find Cautione For his apeparance befoir the Councill To answer to the Complaint Raised againest him at the said John Norrie and Milne Craigs Instance The said Sir David Cunynghame off Robertland Declaired he was willing not only to signe the said petition But lykewayes ane accknowledgement That he in the moneth off October Last Being incompuned with a Certain number of men wherof some armed and some not Did dispossess the said John Norie out off the house off Robertland and took possession therof and Lykewayes that the men in his Companie by his order intromitted with and took away some horse, Cowes, meall, butter, and Cheas and others from the Tennents off Robertland and Declined that he was satisfied either to Enact himself in the termes off the petition To obtain his liberatione or that he would Find William Cunynghame Chamberland to the Lord Kilmares, Caution for him acted in the Books of privie Councill That he shall appear personally befoir the Councill To answer to the forsaid Complaint and to underly the Law therfor and that such a penalty as the Lords off the Committee shall modiefie Sic Subscribitur Cuninghame Loudoun Robert Stewart The Committee Appoints Sir David Cunynghame off Robertland To be set at liberty upon the Said William Cunynghame Enacting himself as Cautioner for the said David That he shall Compeir personally Refeir the Lords off Her Majesties privie Councill To answer to the Complaint persewed at the Instance off the said John Norrie and Sir David Cunynghame off Milne Craig againest him when the said proces shall be Called and Insisted in And also that the said Sir David Cunynghame shall live peaceablie and keep the pace and not Disturb the said Sir David Cunynghame of Milne Craig in his possession and that under the penalty off Five Thousand merks scotts money ane previous Intimation being made Eight dayes befoir insisting at the house off Robert Cunynghame off Auchinhewes in the head of Edward Brounes stabler his closs in the Grass mercat or at the wrytting Chamber off Heugh Cunynghame wryter to the signet By way off Instrument In presence off ane Nottar and witnesses as effeires Sic Subscribitur Loudoun Robert Stewart.