Procedure, 30 December 1701, Edinburgh

Att Edinburgh The tenth day of June 1701

D1701/6/6

D1701/6/6¹

Decreet

Decreit The Lord Aberuchill Against Mungo Campbell and others

Anent the Lybell of summonds raised and persewed before the Lords of His majesties privie Councill att the instance of Sir Coline Campbell of Aberuchill Knight and Barronet one of the Senators of the Colledge of Justice and John Buchanan of Torrie his Tacksman with Concurse of Sir James Stewart His Majesties Advocat for his Highnes intrest in the matter underwrytten Makeing Mention That where by the Laues of this and all other weell governed Realmes all men aught to keep the publict peace and nowayes to attack and Invade ay man in his person goods or possessions without due order of Law And that to doe in the contrary Especially when the samen is done without any pretence or shaddow of Right and with ane unlaufull Convocation in armes and manifast force and violence Is a Crime and aught to be severely punished Nevertheless It is of verity that the said Sir Coline Campbell of Aberuchill being infeft under the great seall In the milne of Milnelands and Mucturies of Aberlednoch and by vertue therof by himself and his tennents and Tacksmen in the peaceable and uninterrupted possession by all acts and deeds of propertie for more then seven years bypast Mungo Campbell brother german to the deceast John Campbell of Clathick Did cause and procure one Archibald Campbell now in Coshievacan Who had not the least shaddow of right or title Dispone to him the said Milne and Milne lands And therupon take Infeftment on purpose to be a Collour to the violence that the intended and comeing upon ane or other of the dayes of March last accompanied with about ten or tuelve men his accomplices armed with Gunns pistolls suords and other armes invasive to the Ground of the saids Lands, he Caused Force a Court in his oune name And by the said Archibald Campbell his pretended author whom he hade made his Bailie and John Broun nottar to his pretended sasine Clerk and John Mcvoruh in Balmuik Court officer And haveing verbally summoned the said John Buchanan tacksman of the said Milne and Milnelands and his Cottars to Compear at his forsaid pretended Court After calling, the tacksman was Decerned in ane unlaw of ten pounds for absence and to pay the rent of the Milne and Milneelands for Cropt J^aj vij^c and all preceidings to the said Mongo Campbell Wherupon the said tacksmans haill goods and gear were areaasted by the said pretended officer by affixing a Crosstick above his door and in his Corne Stacks and other places And Lykewayes he was Chairged to make payment of the soumes Decerned within termes of Law And farder a warneing was given to him to remove from the said milne and Milnelands and as to the Cottars who refused to compear when sent for by the siad pretended officer The said Mungo with James and Archibald Brouns Gairdners in Fordie went for them in rage and Furie and brought them to the said mock Court by force particularly one Duncan Mcinrot a Coupar who had hid himself under his Bedstraw and there were threatned and Forced to take tacks from the said Mungo and to subscryve the same by toutching the Nottars pen and for such of the Cottars as could not be found They were fyned each of them in fyve pund scots As Likeways the said Mungo and Archibald Campbells being Conscious of the illegallitie of their proceedings But resolved to maintain violence by violence They convocat about threttie men under the Commnad of one Duncan Campbell formerly Mcgreigor and ordinarly designed Captain of Lauers’s watch and William Campbell sone to Colin Campbell in Fordie armed with Gunns suords and other Invasive armes ready to oppose any that should appear to Challenge the forsaid Invasion and the said Mungo within a few dayes therafter sent one James Stewart smith in Aberlednock with a Lock and a key and orders as the said James affirmed to take off the Lock which the said John Buchannan Tacksman to the said Lord Aberuchill persewar had wpon the Milne and to put on the new Lock But was hindered at that time by the tacksman Wherupon the said Mungo cam the next day with the same smith and tuelve or threttein armed men and Lauers pyper upon their head and beat off the said Lock from the Milne door and offered to put on a new one till hindered by Patrick Comrie nephew to the said persewar Who pulled of the new Lock after dryveing of the first naile For which he was Furiously assaulted by the said James and Archibald Brounes and by John and Andrew Buchannans alias Graticks in Fordie and their by all the rest of their accomplices who Grasping him by the Midle armes, and souldiers Dragged him by Force to a Chainghouse where the said Mungo and others of his Complices were drinking wherupon the said Patrick Comrie expostulating with the said Mungo In presence of James Campbell of Lauers there for the time for the rude useage he had mett with The said James Broun ansuered in great wrath That if the Lord Aberuchill had bein there himself The would used him worse with a great many more outragious and opprobrious words, to this pupose and so they made the smith proceed to put on the new Lock for Compleating their said Masterfull and violent Invasion The lyke wherof so abusive to Law and right and so openly Forcible and oppressive can hardly be instanced off all which Crimes or ane or other of them The said Mungo and Archibald Campbells The saids James and Archibald Brouns, and John and Andrew Buchannans alias Graticks and James Stewart Smith and the said John Broun Nottar and John Mcvorich officer being Guiltie airt and pairt and the samen duely proven against them They and each of them aught to be decerned in the soume of […] for Damnages and expenses And Lykewayes Decerned to Desist from all molesting of the said Sir Coline Campbell of Aberuchill persewar and his Tacksmen and their Cottars in their forsaid possession In time comeing And to give good and sufficient securitie for that effect And farder they aught to be punished in their persons and goods by sentence of the saids Lords of privie Councill To the example and terror of others to committ the like in time Comeing And Anent the Charge given to the saids Defenders to have Compeared personally before the saids Lords of privie Councill at ane Certain day bygone To have Answered to the forsaid Complaint and to have heared and seen such order and course taken theranent as appertained under the pain of Rebellion and putting of them to the horne Which Certification as in the said principall Lybell being wpon the fyft day of June instant Called in presence of the saids Lords of his Majesties privie Councill And the said Sir Coline Campbell of Aberuchill and John Buchan of Torrie his Tacksman Compearing personally as persewars with the said Sir James Stewart his majesties Advocat And Sir David Dalrymple his Majesties solicitor Advocats for the saids persewars And the haill Defenders Compearing all personally with Mr David Forbes their Advocat The Lybell being Read and Considered The saids Lords Admitted the same to probation and the witnesses as marked in the Roll present haveing Compeared and made Faith The Appoynted a Committie of their oune number to examin the saids witnesses Compearing and making Faith Reserveing all objections which might be made against the said Committie Which Committie haveing therafter mett wpon the sixt day of June instant and haveing taken the Confessions of severall of the saids parties with the oaths and depositions of diverse and sundrie famour witneses The parties accknouledged and made the Confessions and the witneses being solemnly suorne Interrogat and examined wpon the poynts of the Lybell Deponed and Gave their oaths of veritie As in the respective Confessions of the parites and oaths and depositions of the witnesses takin in the said matter at mair length is contained Which Lybell with the Confessions of the pairties and oaths and depositions of the witnesses taken in the said proces being this day Advysed by the saids Lords of His Majesties privie Councill And their Lordships haveing this day at length heard seen and considered the same The Find the poynts and articles of the Lybell against the defenders sufficiently proven And have Fyned and heirby Fynes them respective in the soumes Following viz The said Mungo Campbell brother to Campbell of Clathick in the soume of Tuo hundreth merks and the said Archibald Campbell in Coshievaccan in the Like soume of tuo hundreth merk The said John Broun Nottar in the like soume of tuo hundreth merks And the said John Mcvorich in the soume of ane hundreth punds And ordains the haill defenders above named to be caried by a Macer from the Councill Bar to the tolbooth of Edinburgh and ordains the Magistrats of Edinburgh and keeper of their Tolbooth to receave and detain them prisoners therin ay and whil they make payment to the said persewar of their respective fynes forsaid and ordains the haill defenders above and after named to find sufficient Caution That they shall keep his Majesties peace in all time Comeing With the said Lord Aberuchill And the said John Buchanan his Tacksman And ordains them to lye in prison till they find Caution to keep the peace or be otherwayes liberat by due order of Law And the said saids² Lords Fynes the said James Stewart smith John and Andrew Buchannans alias Grasicks and James and Archibald Brouns In the soume of ane hundreth punds per peice And Decernes and ordains them to make payment and satisfaction to the said Lord Aberuchill of their respective fynes of ane hundreth punds per peice forsaid And sicklyke Decerns and ordains The saids fyve Defenders last abovenamed to keep the peace with the said Lord Aberuchill and his said Tacksman And the saids Lords Doe heirby give order and warrand to the sherrifes of shyres stewarts of stewartries, provosts and Baillies of Burghs, Messengers at armes and all other Magistrats and Executers of the Law within this Realme To pass search seek take and apprehend The persons of the saids fyve defenders last above named wherever they are or may be apprehended And to put them in sure ward firmance and Captivitie And to keep and detain them ay and whill They shall make payment to the said Lord Aberuchill of the saids Fynes respective above specified And find Caution as is above decerned And fulfill the heall heads and Contents of this present sentence or untill they shall be otherways liberat by ordor and Course of Law