Act, 27 December 1694, Edinburgh

Edinburgh the Eleventh December J^aj vj^c nyntie four years

D1694/12/8

D1694/12/8¹

Decreet

Decreet lady Dundonald contra William Cochran

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of William Earle of Dundonald and Sussana Countes of Dundonald James Earle of Arran John Earle of Cassills John Lord Murray John Lord Strathnaver, Alexander Lord Mountgomry William Lord Ross Mr William Cochran of Killmaronick and William Cochran of Ochiltrie his tutors with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Mentioning That wher by the lawes of this and all otherweell Governed nationes The breach of Trust Espeacially in the managment of a pupills affairs Which Law hath Comitted to the Manadgment of other persones and strictly oblidged them not only to fidelity, But exact dilligence without any renumeration or reward and more especially wher ane extraordinary allowance of ane hundred punds sterling was granted by a defunct as a sallery for manadging the pupills affairs, and uplifting his rents to ingadge him to the greater fiddellity and Dilligence as alse the beating and oppressing their majesties Leidges Especially poor termes by exacting much more from them then was due, and applying the same to his oun privat use and the taking of his oun Discharges from the tennents upon pretence to desyre to see them and the tearing and Councelling of the same and oblidging them to Corrupt for what soumes of money he thought fitt, without regaird to these discharges and the exacting of greater soumes of money and greater quantities of victuall from the tenents then by their tacks or former payments they have been accustomed and oblidged and the taking of twyce payment and more then was allowed by the saids tutors Especially wher these deeds of oppression and breach of trust, of purpose to inhance great riches and advantadge to himself to ruine and Depauperat the tennents and lay the Land waist, The saids acts and deeds are all Ryots and Crymes of ane high nature and severly punishable Nevertheless William Cochran Chamberland to the said Earle of Dundonald Reposeing a great trust and Confidence in the said William Cochran Did Grant him ane factory and Commissione for uplifting the rents of his wholl estate which he therby appointed to Continue dureing the pupillarity of the said William Earle of Dundonald and ordained ane hundred pund sterling yearly to be payed by the tutors, yet the said William Cochran did most ² grossly abuse the trust reposed in him by making false and unjust accompts to the tutors and by grivious and notorious oppression of the tennents by a trail of many deeds of fraud and oppression Which being too tedious to relate at length may suficiently appear by the particulars following viz primo The persuar and his tutors not desyreing or allowing any oppressione on the tennents Did only Charge the Chamberland in his accompts with the victuall at the Commissioners feirs, or as the same was appointed to be sold the years J^aj vj^c Eightie Seven, Eightie Eight Eightie nyne³ J^aj vj^c nyntie, nyntie one Which was the rule of former accompts, notwithstanding the Chamberland exacted from the tennents Especially from Robert Naesmith in Boghall ⁴ John⁵ King in Maynes therof Robert Gillmore in Hillingtoune Thomas Craig in Arilstoune John Cuming their William Snodgrass younger in Insch John Wallace ther George Barr in Mylne of Greiff Lawrance Barnes in Seedhill, William Park ther Robert Burnes ther, Alexander Smith and Jannet Patersone in […] Robert Adam in Potterhill Hew and Robert Cochrans in Shillingworth Hew Allan ther William Sclaitter in Barscavan and the wholl tennents of the barrone of Hillingtoune and severall others of the persewers tennnents one two, thrie, four, five, and from six merks more them the price Charged upon himself in his fitted accompts Conforme to a more particular account and Condescendence of the saids exorbitant exactiones therwith produced and repeated at a part of the Lybell brevitatis Causa And that notwithstanding severalls of the saids tennents were willing and offered to delyver in their fermes, Which he Could not receive, That he might have the oppertunity to pres upon them And Sicklike the tennents of the said estate and of the wholl Country being only oblidged and in use to deliver in their victuall of the severall barronies according to the measure of the barrony, yet the said William Cochran Did upon the first second thrid or one other of the dayes of one or other of the moneths of January February and remanent moneths of the year J^aj vj^c Eightie Eight J^aj vj^c Eightie nyne J^aj vj^c nyntie J^aj vj^c nyntie one, nyntie two, nyntie thrie, or J^aj vj^c nyntie four years Constantly and regullarly obleidge the tennents both to measure and weight their victuall And if the victuall being measured fell short of Eight stone, He oblidged them to make up the same, and some time two thrie four or five pund weight more for each boll albeit the measure of the barrony be above a peck Less then the Linlithgow measure And so ought nor in Law or reasone to be exacted altogither of Eight stone, And if the boll of victual ueighted above Eight stones They Got no allowance for that which is a practise never formerly knowen or heard of In that Countrey and authorized and allowed by the pursuers, and when he came to wryt he Charges himself with nothing upon the accompt of what he received more then was Ordinary But upon the Contrary He got allowance of half a boll of the Score to hold out the measure, and so got all the profite and advantage of the said exhorbitant exactiones to his privat use besides the half boll allowed him, And sicklike when the said William Cochran Compted with the tennents he did oft and diverse times dureing the space forsaid tear his oun recepts pretending that they differed from his Compt books and forced the tennents to Compt for what Soumes he pleased and particularly David Barbour in Cochran haveing exhibit his Discharges, He tore the same and exacted a bond for what he thought fitt to Call his rest And Truely exacted Eightie merks more then what was due If the toune recepts hade been allowed, The same method was used to Mathow Lochhead younger in Hillingtoune whom he wronged in Fourtie merks and the like from Henry Lochhead younger ther from whom be exacted a bond for rent which being payed by partiall recepts he took up the saids recepts and teared the samen, and still retaines The bond, The lyke to John Whyte in Ranscaven from whom he hade exacted a bond for rent, and the bond being payed by partiall recepts, which recepts he borrowed up and teared and wronged the said John Whyte in two hundred merks, The like to Mathow Lochead elder in Hillingtoune who haveing sent his recepts to accompt with the said William Cochran, He teared the same and forced him to Compt Conforme to his oun book and wronged him Considerably In like maner the tenents of the pursuers estate being in use to pay the half of the Cess and the heritor the other half The said William Cochran hath Constantly and regullarly exacted two thrids of the Cess from the said tennents, And sicklike the tutors for the ease of the tennents not allowing the services that were used to be exacted from them except in the Case of the necessitie or waist maillings, yet the said William Cochran did exact services to himself from tennents who were not Lyable to services, And Farder he Converted the services of such as were Lyable into victuall which he oblidged them to pay yearly without the knowledge or allowance of the tutors and applyed the same to his particular use and specially from the tennents following viz John Whyt in Inch, William Robertsone ther, James Muire in Cragiehill Hendry Wilsone in Hillingtoune Robert Gillmour ther, William Snodgrass elder and younger in […] John Androw in Eastwood William Wallace sone to John Wallace in […] James Semple in Inch John Lochead in […] and the haill tenents in Hillingtoune and Alliestoune and severall others of the pursuers tennents and some of the tennents who Grudged to pay victuall or Services, He upon the first second thrid or ane or other of the dayes of the moneths of the years J^aj vj^c nyntie two J^aj vj^c nyntie thrie or J^aj vj^c nyntie four not only threatned and Minaced, But also Cruely beat as William Snodgrass younger and William Wallace sone to John Wallace in Inch, And sicklike Robert Cochnran being ane poor man resting one hundreth merks by bond wherof the tutors by a sederunt appointed fiftie merks only to be exacted and Delyvered a subscrived warrand to him for that effect, And the poor man haveing often offered the fiftie merks, yet the said William Cochran pursued him before the shirreff wher he againe refused to accept of fiftie merks obtained ane Decreet and areisted his Goods and forced him to pay the wholl and even expences and Granted him a Discharge of the wholl, Which afterwards he borrowed up, And the freinds haveing quarrelled the exactione, he keeped up the totall Discharge, And Gave him a Discharge bearing the recept of the half As also he exacted twyce payment from Robert Stivensone in Neitheruplay of his teynd and services and Granted him a recept of the twentie Eight of may J^aj vj^c Eightie six and another of the twelth June J^aj vj^c nyntie thrie, and did after the granting of the first recept obtaine a decreet and forced him to pay a second tyme and after he hade payed refused him redress tho he produced both recepts Which Deeds of oppression of the pursuers tenents were also breach of trust reposed in the said William Cochran by the deceast Earle of Dundonald The pursuers father, and quherof he is yet furder guilty in the particulars following viz primo the siad William Cochran did deceive the pursuers tutors by Concealling a part of the rental particularly the silver rent of the Lands of Killmarnonick being Reserved to the pursuer dureing the Joynt Liftymes of Eupham Countes of Dundonald and the Lady Cochran, he Gave up the rentall to the tutors to amount only to two thousand punds, and induced them to subscrib the rentall and did only Charge himself accordingly albeit he very weell knew that the true rentall was two Thousand ane hundred and sixtie Eight punds In so farr as […] Stirling of Lawes haveing been former Chamberland for uplifting the rents of these lands The accompts therof with the deceast John and William Earles of Dundonalds for severall years were all wryten by the said William Cochrans hand, stateing the silver rent as fond and the said Stirling of Law haveing uplifted the rent for the year J^aj vj^c Eightie nyne and Compted with the pursuer and his tutors according to the true rentall, The ballance of his accompt was payed in to the defender yet in the said William Cochrans accompts of the year J^aj vj^c nyntie and J^aj vj^c nyntie One, He Charges himself two hundreth merks Short of what he knew to be the Just and true rentall, and being Challanged by Kilmaronick one of the Tutors after the Error was discovered he desyred him to Conceall it, and take the two hundred merks yearly to his oun use Secundo the said William Cochran in his accompts for the Cropts J^aj vj^c Eightie seven Eightie Eight, Eightie nyne, and nyntie, and nyntie one, Haveing given up great and Considerable rests to be due by the tennents And the pursuers tutors hade reasone to take them Upon Trust, He being to Continue in his office Wheras it is found that many of the saids rests Especialy such as are given up to be resting by the ⁶ persones brocken and off the ground and altogither desperat were truely uplifted and received by himself and Fraudelently and unjustly applyed to his oun privat use which was practised so generally that it were too tedious to relate the names of all the persones that were So used, But a few of the many thus treated were the persones following viz Peetter Howstoune in Inch James Caldwald in Bursbining John Gibsone miller in Boghall William Rainfrew sometime in Burnside Robert Sclaitter in McLurge Thomas Stivensone in Clabands Henry Lochhead elder in Hillingtoune and Severall others of the pursuers tennents whose particular rests given up by him and the soumes The said William Cochran did receive of these rests are also repeated as a part of this Lybell brevitatis Causa, And Therfore the said William Cochran being found guilty of the forsaid Malversationes or airt and part therof ought and should be Disabled from any malversatione or midling with that trust, By depryveing of him of his said office of being Chamberland And Farder most severly punished in his persone and goods to the terror of others to doe or Comitt the like in time comeing And Anent The Charge given to the said defender To have Compeired before the saids Lords upon the Twentie seventh day of november Last, To have answered with grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt, under the paine of Rebellion, with Certificatione etc, as the said Lybell and executiones therof at more length proports The Which Lybell being Called the said twentie seventh day of november Last in presence of the saids Lords of privy Councill, And the saids Lord John Hamiltone and William Cochran of Killmaronick two of the tutors Compeiring personally for themselves And the rest of the pursuers, with Sir James Ogilvie Mr Hew Dalrymple and Mr George Alexander Advocats for the haill pursuers, And the said William Cochran defender also Compeiring personally with Sir James Stewart their Majesties Advocat Sir Patrick Home Mr David Cunninghame and Mr Roderick Mckenzie his Advocats The Lybell and answers therto being read and both parties advocats fully heard The saids Lords Sustained themselves Judges Competent to the said Lybell And allowed the defender and his advocats To give in their speciall answers if they any hade against the particulars of the Lybell, And In Respect they declared they hade speciall answers, But that the same were not present at the barr The saids Lords Admitted the Lybell to the persuars probatione and the witnesses present haveing made faith at the barr They Recomended to a Comittie of their oun number to examine the witnesses cited and Compeiring as said is, And Reserved all the Objectiones that might be made against the saids witnesses to be proponed and discussed before the said Committie, Which Comittie having accordingly mett and examined diverse and sundrie famouse witnesses both for the pursuers and defender and alse the oath and depositione of the said William Cochran defender as the samen depositiones all extant in proces bears, And The saids Lords of their majesties privy Councill, Haveing this day Concidered the forsaid proces with the depositiones of the witnesses adduced be and writtes produced for both parties, with the defenders oun oath Togither with both parties principall informationes and ane additionall informatione for the Earle and his tutors and ane petition for the Chamberlane They Find It suficiently proven That Robert Cochran haveing given bond for ane hundreth merks scots, and the tutors haveing ordered the Chamberlane to exact only Fiftie merk, yet he exacted the wholl Secundo That the Chamberlaine did tear Mathow Lochheads recepts before granting of a generall discharge Lochhead at the time Complaining that he was wronged, Tertio That the Chamberland exacted the victuall from the tennents by inequall weight, Wheras they were in use to pay by measure, And that he received at different weights taking more weight for the boll then another Quarto That the Chamberlane acted unwarrantably, In so farr as he exacted more from the tennants for the victuall Cropt J^aj vj^c nyntie one years Then the Commissioners feirs that year Quinto That he exacted double payment from Robert Stivensone in Miduply one of the tennents Sexto That he Converted the services performable be the tennants into victuall or money and exacted the same unwarrantably And Therfore the saids Lords have Depryved and heirby Depryves the said William Cochran from his office of Chamberland or factor to the estate of Dundonald And Discharges him to act or medle in the Earle of Dundonalds affairs as Chamberland or factor forsaid be vertue of any Commissione or factory granted by the said deceast Earle of Dundonald to him.