Act, 6 October 1697, Edinburgh

Att Edinburgh the Tenth of Jwne J^aj vi^c nyntie Seven yeirs

D1697/6/5

D1697/6/5¹

Decreet

Certificatione The Lady Colltewchar and uthers Against Ladiewell and others

Anent the lybell or Letters of Complaint raised and persewed befor the Lords of privie Counsell at the instance of David Moncreiff and John Miller messengers Jean Drummond Lady Colltewcher and Elizabeth Stewart her daughter with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnder written Makeing mentione That wher albeit by the Commowne Law and Lawes and acts of parliament of this kingdome the deforceing of messingers and other ministers of the Law in the executione of ther office Be crymes of ane high nature and severlie pwnishable and by the one Hundereth and eightein act parliament Seventh King James the Sixth It is expresslie Statute and ordained that all persones who shall happen to be convict of deforceing of messingers and other ministers of the Law in the execution of ther office Shall be pwnished by escheat of ther movells and in ther persones at our will and ther escheat to be burdened with the payment of the debt and of the pairties expensses highlie taxed by and attoure the pairties other damnadges And by the one Hundereth and fiftie act parliament twelve King James the Sixth It is expresslie Staitut and ordained that all deforcers of messengers and officers Shall Lose ther haill movells The one half therof to be applyed for our wse and the other half for the wse of the pairtie And by the Eightie fourth act parliament Eleventh King James the Sixth The lives and goods of all persones deforcers of officers in the executione of their officers are appointed to be in our will Notwithstanding wherof trwe it is and off veritie that the Saids David Moncreiff and John Miller messengers haveing upon the Eightein day of Janwarie Last bypast gone with Letters of poinding raised at the instance of the said Jean Drummond Lady Colltewcher and Elizabeth Stewart her doughter the Complainers to the grownd of the Lands of Litle Dunkeld and Ladywall and haveing ther Blazons on ther breasts and by vertue of the Saids Letters poinded horses Cowes and other bestiall belonging to John Stewart of Ladiewell and his tennents Trwe it is that Mr Thomas Stewart brother Jermane to John Stewart of Ladywall with John Robertsone William Rwthven and John Brwgh domestick Servant to the Said Laird of Ladywell Dwncan Geirgor Thomas Greigor Thomas Burrne George Dwncan David Low Smith ther John Gordon Andrew Keir John Knawghtowne All in the Litle Dwnkeld John Dwff at the milne of Ladiewall John Keir in Claypotts John Crimzer in Litlewaird of Ladiewall Robert Keir James Keir Robert Hendrie Robert Donaldsone James Grimond and Thomas Burrne All in Clay potts of Ladiewall and others ther accomplices Allarmed with gwns swords great battons etc to the number of Ane Hundered men did fall upon the Saids messengers and ther assistance and beatt them in a most crwell and barbarows maner to the great effwsione of ther blood and gave them many Blae Strockes with ther pitch forkes and battons And by open force and bangastrie tooke back and caried away the horses nolt and other goods which they had poinded threatening that if ever they came back againe to execute any Letters upon that ground they Should be all killed Like doggs and bidding them in a most insolent maner be goeing with the Sore bones they had gotten And thank God they had feared noe worse and Sweareing to Doe them farr greater mischeiff if ever they returned Such ane eareand againe Lykeas upon the nyntine day of the moneth of december Last bypast the Saids Complainers haveing apprised Some cornes Standing in the barne yeard of Ladywall and upon the Letters and for the causes above written haveing Caried ane Sample therof to the mercat cross of Pearth and caused appretiat the Same in the wswall maner And haveing returned againe to the said barne yeard upon the twentie one day of the Said moneth with Alexander Challmers in Dunning and approven corne caster in that Countrie To have poynded and casten the saids cornes John Stewart of Ladiewall with ane number of his tennents and Servants armed as affoirsaid did come and Stopp the Said corne caster and the two Complainers who went as messingers with them Sweareing that if they Should offer to cast any of his cornes he Should make them dropp from the Stack head to the grownd dead Lyke felled Cowes And by violence and threatning not onlie imped and hindered the Said poinding But also drove them owt of the Said Corne yeard Wpon all which the Saids Messingers haveing the Letters of poinding in ther hands and ther blazons on ther breasts did breake ther wands of peace and protested for remeid of Law By doeing wherof the Saids John Stewart of Ladiewall and Mr Thomas Stewart his brother and the other persones above complained upon are gwiltie of ane open and manifest deforcement violence and oppressione For which they owght to be pwnished in ther persones and goods Conforme to the Lawes of the Kingdome to the example and terror of others to doe the Like in tyme comeing And Anent the charge given to the saids defenders to have Compeared personallie befoir the saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above Complaint And to have heard and sein such order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione etc As the saids Letters or lybell of complaint and executiones therof at more length bears The which lybell being this day called in presence of The Lords of his majesties privie Cownsell And all the persewers Compeareing personallie with Sir David Thores ther advocat And Sir James Stewart his majesties advocat for his majesties interest compeareing personallie And the haill defenders being all Laufullie cited oftymes called and not compeareing The Saids Lords of his majesties privie Counsell doe heirby grant Letters Certificatione against the haill defenders foirsaids in respect of ther absence and not compeirance And ordains Letters of Denunceatione to be direct to messengers at armes Comanding them to pass to the mercat croce of […] and other places needfull and ther in his majesties name and authoritie duelie laufullie and orderlie denunce the haill foirnamed persones defenders his majesties rebells Escheat and inbring all ther moveable goods and geir to his majesties wse for ther contempt and disobedience