Decreet, 13 July 1697, Edinburgh

Act, 6 October 1697, Edinburgh

Att Edinburgh the Threttein day of Jwlly Jaj vic nyntie seven yeirs

D1697/7/61

Decreet

Remit Alexander Brwce

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Alexander Brwce sone to Andrew Brwce of Earleshall with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing mentione That wher by the Lawes and acts of parliament and cwstomes of this and all other well governed nationes The violent intrudeing invadeing and takeing possessione of houses Spoilliatione and away takeing of the goods gere cornes and others belonging to the trwe and righteows owner and the threatening and minaceing of one frie Leidges and Subjects and disposeing upon ther goods and cornes Are crymes of Ane high nature and severelie pwnishable Nevertheles It is of veritie That Sir David Arnot of that ilk and severall others of his accomplices Shakeing off all fear of God and respect to the Lawes of this kingdome did upon the first second third or ane or other of the dayes of the moneth of december Last Came in persone with severall of his servants and accomplices to the house of Earleshall wher the said Alexander Brwce Complainer recided and was in the peaceable possessione of the cornes and fodder not only of the Maynes of Earleshall But also of the teindes of that pairt of the broadlands of Lewchers Commonly called Lewchers Brwce be vertue of ane right and dispositione granted be the said Complainers father to him dated the fourth day of Awgwst2 Last bypast Jaj vic and nyntie Six and ane instrument of possessione theron dated the sixth day of Awgwst alsoe Last bypast And ther notwithstanding he not only knew of the said dispositione and instrwment But alsoe that the said Complainer had entered in ane contract and sold to John Lwndine yownger of Baldestard deput Commissarie appointed be Sir James Oswald of Fingletowne and James Dwnlope merchand in Edinburgh Generall Commissaries appointed for provideing owr forces The haill cornes and Fodder of the barne yeard of Earleshall And that the Same was to be applyed for that wse yet the said Sir David with many threatnings and approbriows words did violently and contrarie to all eqwitie or order of Law Seaze upon the keyes of the barne doors of Earleshall and at his own hand cause David Hendersone tennent in Balbleinchby cast in als many of the saids cornes as two barnes wowld hold at once And therefter cawsed James Key his oun servant and tennent in Pitlethie and William Hay servitor to The Laird of Ballrownie thresh owt the saids cornes and disposed of the Same at his pleasure and haveing violently and owtragiowselie invaded the house and staibles of Earleshall did seaze upon the keyes of the saids staibles and brought his own oxen and putt them therin and made them eat the Straw and caryed the rest to Pitlethie for the rest of his beasts and threatned or forced all or most pairt of the tennents of Earleshall to carry any of the cornes therefter As they were cast and caried away two whole stacks to Pitlethie wnthreshen and all this and much more bangastrie and oppressione the said Complainer is hopefull to make appeare by provatione in downeright contempt of his Jwst and wndoubted right above narrated But also in contempt of our interest who not only had right therto by the foirsaid contract past betuixt Baldaster and the said Complainer and who did as a wise and prudent man arreast the Same As the Letters of arreastment and executione therwith prodwced bears By all which the Said Complainer is wrongousely opposed and his goods violentlie robbed and taken from him without order of Law Extending to the qwantities following viz The Marques of Earleshall payed and which was in the corne yeard at the tyme lybelled Six Chalders victuall corne and Fodder estimat this yeir Jaj vic nyntie seven at Fourtein pwnds the boll is Ane Thousand Thrie Hundereth and Fourtie four pwnds Scotts money And nyn chalders of teind owt of the Lands of Lewchers brwce corne and Fodder estimat at the foirsaid price to Two Thowsand and Sixtein punds And for the damnadges and expensses the said complainer hes bein pwtt to by not fullfilling his former contract and want foirsaid which being fownd proven the said Sir David Arnot is gwiltie of high and manifest oppressione and bangastrie and of a high ryot Committed against the Said Complainer And Therfore owght and Should be decerned by decreit of the Lords of our privie Counsell not only to restore and redelyver to the said Complainer the foirsaids goods cornes and Fodder with what damnadge he hes Sustained by the foirsaid oppressione or the availls and prices therof above settdowne But alsoe ought and Should be furder pwnished in his persone and goods to the example and terror of others to count the lyke in tyme comeing And Anent the charge given to the said defender to have compeared personallie befor the Saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above written 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 in the principall lybell or Letters of Complaint and executiones therof at more length is contained The Said lybell being upon the seventinth day of Jwne Last bypast called in presence of the saids Lords And the said persewer compeareing personallie with Sir James Stewart his majesties Advocat as Advocat for the said persewer And the defender Compeareing also personally with Sir David Thores and Mr Robert Whyte advocats his procurators The lybell to probatione And the wittnesses haveing made faith The Cownsell appointed a Committie to examine them Which Comitie haveing accordingly mett They tooke and receaved the oath and depositiones of diverse and famows wittnesses who being all Solemnly Sworne examined and interrogat in the said mater upon ther great oathes deponed and declaired As ther oathes and depositiones extant in proces bears Which process being this day about to be advised by The Saids Lords of his majesties privy Counsell And ther Lordships haveing heard the depositiones of the wittnesses read in ther presence They heirby Remit to The Lords of Counsell and Sessione to proceed in discuss and determine the points lybelled in Commwni forma

Att Edinburgh the Threttein day of Jwlly Jaj vic nyntie seven yeirs

D1697/7/61

Decreet

Remit Alexander Brwce

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Alexander Brwce sone to Andrew Brwce of Earleshall with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing mentione That wher by the Lawes and acts of parliament and cwstomes of this and all other well governed nationes The violent intrudeing invadeing and takeing possessione of houses Spoilliatione and away takeing of the goods gere cornes and others belonging to the trwe and righteows owner and the threatening and minaceing of one frie Leidges and Subjects and disposeing upon ther goods and cornes Are crymes of Ane high nature and severelie pwnishable Nevertheles It is of veritie That Sir David Arnot of that ilk and severall others of his accomplices Shakeing off all fear of God and respect to the Lawes of this kingdome did upon the first second third or ane or other of the dayes of the moneth of december Last Came in persone with severall of his servants and accomplices to the house of Earleshall wher the said Alexander Brwce Complainer recided and was in the peaceable possessione of the cornes and fodder not only of the Maynes of Earleshall But also of the teindes of that pairt of the broadlands of Lewchers Commonly called Lewchers Brwce be vertue of ane right and dispositione granted be the said Complainers father to him dated the fourth day of Awgwst2 Last bypast Jaj vic and nyntie Six and ane instrument of possessione theron dated the sixth day of Awgwst alsoe Last bypast And ther notwithstanding he not only knew of the said dispositione and instrwment But alsoe that the said Complainer had entered in ane contract and sold to John Lwndine yownger of Baldestard deput Commissarie appointed be Sir James Oswald of Fingletowne and James Dwnlope merchand in Edinburgh Generall Commissaries appointed for provideing owr forces The haill cornes and Fodder of the barne yeard of Earleshall And that the Same was to be applyed for that wse yet the said Sir David with many threatnings and approbriows words did violently and contrarie to all eqwitie or order of Law Seaze upon the keyes of the barne doors of Earleshall and at his own hand cause David Hendersone tennent in Balbleinchby cast in als many of the saids cornes as two barnes wowld hold at once And therefter cawsed James Key his oun servant and tennent in Pitlethie and William Hay servitor to The Laird of Ballrownie thresh owt the saids cornes and disposed of the Same at his pleasure and haveing violently and owtragiowselie invaded the house and staibles of Earleshall did seaze upon the keyes of the saids staibles and brought his own oxen and putt them therin and made them eat the Straw and caryed the rest to Pitlethie for the rest of his beasts and threatned or forced all or most pairt of the tennents of Earleshall to carry any of the cornes therefter As they were cast and caried away two whole stacks to Pitlethie wnthreshen and all this and much more bangastrie and oppressione the said Complainer is hopefull to make appeare by provatione in downeright contempt of his Jwst and wndoubted right above narrated But also in contempt of our interest who not only had right therto by the foirsaid contract past betuixt Baldaster and the said Complainer and who did as a wise and prudent man arreast the Same As the Letters of arreastment and executione therwith prodwced bears By all which the Said Complainer is wrongousely opposed and his goods violentlie robbed and taken from him without order of Law Extending to the qwantities following viz The Marques of Earleshall payed and which was in the corne yeard at the tyme lybelled Six Chalders victuall corne and Fodder estimat this yeir Jaj vic nyntie seven at Fourtein pwnds the boll is Ane Thousand Thrie Hundereth and Fourtie four pwnds Scotts money And nyn chalders of teind owt of the Lands of Lewchers brwce corne and Fodder estimat at the foirsaid price to Two Thowsand and Sixtein punds And for the damnadges and expensses the said complainer hes bein pwtt to by not fullfilling his former contract and want foirsaid which being fownd proven the said Sir David Arnot is gwiltie of high and manifest oppressione and bangastrie and of a high ryot Committed against the Said Complainer And Therfore owght and Should be decerned by decreit of the Lords of our privie Counsell not only to restore and redelyver to the said Complainer the foirsaids goods cornes and Fodder with what damnadge he hes Sustained by the foirsaid oppressione or the availls and prices therof above settdowne But alsoe ought and Should be furder pwnished in his persone and goods to the example and terror of others to count the lyke in tyme comeing And Anent the charge given to the said defender to have compeared personallie befor the Saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above written 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 in the principall lybell or Letters of Complaint and executiones therof at more length is contained The Said lybell being upon the seventinth day of Jwne Last bypast called in presence of the saids Lords And the said persewer compeareing personallie with Sir James Stewart his majesties Advocat as Advocat for the said persewer And the defender Compeareing also personally with Sir David Thores and Mr Robert Whyte advocats his procurators The lybell to probatione And the wittnesses haveing made faith The Cownsell appointed a Committie to examine them Which Comitie haveing accordingly mett They tooke and receaved the oath and depositiones of diverse and famows wittnesses who being all Solemnly Sworne examined and interrogat in the said mater upon ther great oathes deponed and declaired As ther oathes and depositiones extant in proces bears Which process being this day about to be advised by The Saids Lords of his majesties privy Counsell And ther Lordships haveing heard the depositiones of the wittnesses read in ther presence They heirby Remit to The Lords of Counsell and Sessione to proceed in discuss and determine the points lybelled in Commwni forma

1. NRS, PC2/27, 1r-2v.

2. The word ‘also’ scored out here.

1. NRS, PC2/27, 1r-2v.

2. The word ‘also’ scored out here.