Procedure, 30 December 1701, Edinburgh

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/12

D1701/7/12¹

Decreet

Decreet the Magistrats of Glasgow against Walkingshaw of Barrowfeild

Anent the Lybell or letters of Complent purchased and raised befor the Lors of his majesties privie counsell att the Instance of Robert Greenlies one of the toune officers of Glasgow And Robert Yuill ane of the bailies ther In behalf of the said burgh uith concourse of Sir James Steuart his majesties advocate for his hignes intrest in the matter underurittine Makeing mentione That wher by the laues of this and all other ueill governoued Realmes all men ought to live peacablie and keep the peace uithout Injury insulting or beating any persone or raiseing Tumoults or Contimationes contrary to the Law and particularly by the act of parliament Queen Mary Cap: Eighty three it is statute that none make privie conventiones and put on armour uithin burgh uithout the magistrats Licence And by the act of parliament James the sixth parliament Eighteen Cap: Siventeen the said prior act is ratified, and it is Farder statute that non Convocate or assemble uithin burgh Except they have Licence of the magistrats and that they doe nothing against the acts of parliament and Quiet of the burgh and all the Inhabitants of Burghs are ordained to assist the magistrats and ther² officers For the suppressing of of Tumults under the pain to be punished as Fosterers of the saids tumults Nevertheless It is of verity that a pairt of our Forces Collonell Hamiltounes Redgement being quartered att Glasgou and ordered to Remain In ordour to their transportatione Conforme to our commands and it being necessary to furnish them uith baggage horses, The said Robert Yuill bailie Did upon the tuenty sixth day of march Last send some of the toune officers to provyde horses for the end forsaid conforme to the act of parliament which officers haveing betuixt Eight and ten att night Found tuo horses in the stable of one Hugh Hamiltoune and goeing to secure them for the forsaid service the people of the house closed the foirgate to stope them from so doeing, and all the sametyme John Ualkingshaw of Barrofield came to the place and Immediatly drew his suord and beat doun the said Robert Greenlies toune officer and uounded him uith his suord upon the syde of his head neer to the eye and gave him many strokes uith his suord and plumet therof and holding the poynt of his suord to his suord³ to his breast while he uas lyeing on the Ground threatned to kill him and that uithout any provocatione But upon the accompt forsaid allenarly Lykeas he suore maney terrible oaths especialy by the blised name of God that he should stick the dog And haveing brought the said tuo horses out of the stable to the Cross the said Barroufield uent to the street uith his suord drauen and suearing still maney dreadfull Oaths as by the uounds of God he cryed severall tymes to the ouners of the horse the dog And therby Convocate and gathered a great head a great many people and when the horseuer Brought furth he caused one to lead them befor him and marching uith his drauen suord after them Carried them out of the port to the great disorder of the Burgh contempt of the magistrats and scandell of the whole neighbourhead, off uhich unuarrantable oppositione To The magistrats Magistrats⁴ Commands Beating and blooding the toune officer suearing and prophaning the name of God and⁵ raisseing ane Rable and tumult uith ane naked suord in hand, the said John Walkenshaw is airt and pairt of one or other of the saids crymes uhich being tryen and proven befor the Lords of his majesties privie councill He ought to be Decerned in the soume of […] of Damnadges and also Furder punished for the forsaid ryot and tumult and manifast opostione to the magistrats In his majesties service In his persone and goods By decreet of the Lords of his majesties privie counsell to the exemple and terror of others to committ the lyke in tyme comming And Annent the Charge Given to the said Defender to have compeared befor the saids Lords of his majesties privie councill att ane certaine Day bygone to ansuear to the forsaid complaint And to thave heared and sseen such ordaour and Course taken theranent as appertained uith Cerficatione as in the principall lybell or Letters of complaint raised in the said matter uith the Executiones therof att mair lenth is Contained And Sicklyk anent the Lettares of Reconventione purchased and Raised befor the saids Lords of his majesties privy councill att the instance of the saids John Walkenshaw of Baroufield Robert Turner Richard Greenlies James Greenlies John Armerer Uilliam Mairtine Thomas Greins and David Uatsone tenents to the said John Ualkenshaw of Barroufield uith concourse of Sir James Steuart his majesties advocate for his majesties⁶ intrest In the matter underurittine Makeing Mentione that uher By the Rules of Society Laues constitutione and practises of this and all other ueill governed nationes and kingdomes all necessary Burdens and impositiones are laid on and Exacted by ane Equall proportione so that every member of the Society Residenter and subject in the kingdome may bear ane equall share and that no man be oppressed But every one bear ane Equall Burden As also by the good and uholsome Laues and acts of parliament Ratifieing and confirming the act of parliament One thousand sixhundred and Eighty one yeares, The act of privie Councill dated the fourtine day of Febry one thousand six hundred and nynty three yeares It is theirby statute and ordained that uhen it shall be necessar That the armey have use for baggage horses for transporting their baggage from place to place, That the armey or pairty haveing⁷ use for the said baggage horse be in a Burgh That the horse be umployed and made use of By the ordor of the commander and the magistrats of the Burgh joyntly and uher the horses are furnished and made use of in Launduart by order of the commander and of the commissioners of Supplie uithin the shire Lykeas by the nynth act of this seventh sessione of this our current parliament quartering of souldiers The forsaid act is confirmed and just and equall methods laid doun and penulties determined against those uho shall be guilty In the matter and therby Declaired that the same Executione shall Be Granted for Carriages as for quartering as Also By the Fourty Fifth Chapter parliament the second James the First It that all judges Doe and execute the law evenly and By the seventeen Chapter parliament the Sixth⁸ James the second it is statute that all officers uillfully tresspassing in their offices shall tyne the same for year and Day and by the Forsaid act of privie councill confirmed by act of parliament as aforsaid It is statute that ther Ther⁹ shall be payed of hyre for each horse one shilling six pennies for each myle and it shall Be laufull to keep any mans horse longer then Day Lykeas By the act of the last Sessione of parliament Anent the Security of the persones of our Leidges It is statute that no man be impresond uithout condescending upon and speciall and particular Cryme and that no persone be keept and detained in prisone after sufficient Baill and Cautione is offered for presenting the said persone to abyde and underlye the Law and that under the penalty contained in the said act as also by the law and practiques of this kingdome the spulzieing and masterfully auay taking of pleugh horse in tyme of Labouring is a Crime of a high nature and severly punishable Nevertheless It is of verity John Andersone of Dovehill provost of Glasgow Robert Yooll John Aird elder and John Uoodrop Bailies of the said burgh or one or other of them shakeing off all fear of God obedience and regaird to his majestie and his government and the laues and acts of parliament of this his majesties kingdome and the Rules of Christianity and Society the forsaid persones or ane or other of them Conceaveing a deadly prejudice malice heatred and envy against the said John Ualkenshaw of Barroufield and his tenents and Snatching all occasiones and oppertunities for oppressing the saids complainers Did upon one or other of the dayes of march last by past uhen the Redgement of foot under the Command of Collonell George Hamitloune uas to march from Glasgou and uhen applicatione uas made by the officers of the said Redgement Redgement¹⁰ three dayes befor their march that they hade need of sixteen horses for transporting their Ladies and baggadge the said John Anderssone and the other defendar albeit all that tyme ther uas ther thirty common Cairtners and ane hundred hyreing horses uhich uere constantly Imployed in such services Did cause give advertisment to the common Cairtners and horse hyrers to keep their horses out of the uay the day uhen¹¹ the redgement uas to march and wheras the defendars ought to have proportioned the number of the horse and appointed the Cairters and horse hyrers to have been in Radienes But in stead therof the said defenders or ane or other of them did send to the complainers lands uhile his and his tenents horses uere plouing and in the harroues Albeit the complainers lands lyes not uithin the jurisdictione of the magistrats of Glasgou and Did unjustly unuarantaby and oppressfully take auay fourteen of the complainers and his tenents horses uheras the Regement hade only use for Sixteen and did pass by the common Cairterers and horse hyrers of the toune of Glasgow uhose only trade and Imployement it is to furnish Cairts and horses for transporting persones and baggages and as a farder evidence of the saids defenders their acts of oppressione, they hounde out and gave warrand to three toune officers upon one or other of the dayes of march last uho came under cloud of night att Eleven aclock uho broke open the doores of Richard Greenlies and Hugh Hamiltoune tuo for the complainers tenents houses uhale they uere in their beds and dragged them out of their beds and seased their horses and secured them in other stables for the space of tuo nights to the great prejudice of the horses and the tenents their labouring the seed lyeing one the Ground unharroued as also John Bonnar one of the complainers tenents Haveing his horses pleuing some land Belonging to John Luke Dovehills brother in Law uas excused from carrieing any of the Baggage But uhen after the Redgement uas marched and no more use for Baggage horses It uas told Dovehill that the said John Bonar uas one of the complainers tenents the said Jojhn uas committed to prisone untill he should furnish horses albeit ther uas no use for them as also the said Robert Yooll one of the bailies haveing Called David Watsone one of the complainers tennents to furnish horse for carrieing the baggage of the said Regement uere hyred by his master Barroufield and drauing in his masters pleugh Nevertheless the said Robert Yooll Bailie Did most urongously and unjustly commit the said David Uatsone to prisone untill he should furnish tuo horses upon his oun expenceses and continoued the said David in prisone albeit the complainer his master offered to beall him in the termes of the act of parliament as uill appear by instruments taken therupon Lykeas the complainers tennents horses being so masterfully pressed uere by the directione of the saids defendars carried not only to Kilsyth the first dayes jurney But Lykeuayes to Falkirk contrary to the act of parliament and express use and practiques in the Lyke caices, and uhen the tennents Cairts and horses uer returned In stead of recveing three pounds Scots for each Court as constant use is use is Ther uas no more given to them But tuo shilling sterling By all uhich It is evident that the said John Andersone and others who complained upon are guilty of manifast oppressione Injustice and Crooked judgement and of the breach of the rules and Laues of Society and of the acts of parliament and constitutiones of this and all other ueell governed nationes uhich being proven the fornamed persones and ilk ane of them ought not only to be Decerne to make up and repair the damnadges and losses sustained by the said complainers and his tenents and to pay the penalties and fynes contained in the acts of parliament anent wrongous imprisoment and to lose and tyne their offices of magistrats In not judgeing evenly But also farder punsihed in their persones and goods to the terror of others to doe the lyke in tyme comming And Anent The Charge given to the fornamed persones defendars to have compeared befor the Lords of his majesties privie to unsell att ane certaine day bygone to have heared and Ansuered¹² to the forsaid complaind and to have heared and seen such order and course taken¹³ therannent as appertaining uith certificatione as in the principall lybell Reconventione and executiones therof Raised in the said matter att mair lenth is contained, And the Lybell of Reconventione the said Ualkenshaw of Barroufield Robert Turner and others his tenents against the pursuar in the principall lyble and other tuo of the magistrats of Glasgow viz John Aird elder and John Uodrop tuo principall Bailies being called the said Robert Greenlies and the said Bailie Yooll pursuares in the principall lybell and tuo of the defenders in the reconventione Compearing personaly and the said John Aird and John Uoodrope bailies being oft tymes called and not compearing Compeared Sir Alexander Home Sir David Dalrymple Mr Uilliam Carmichaell Mr Robert Steuart mr Francis Grant And Mr John Fergusone advocats for the defenders In the Reconventione, the first tuo of uhich are pursuars in the principall lybell, And the said Walkenshaw of Barroufield pursuar in the Reconventione and defender in the principall lybell Compearing personally uith Mr David Cunninghame Mr David Forbes, and Mr James Falconer and Mr James Hamiltoune Both lybles being read uith ansuears made to each of¹⁴ them By aither pairty respective And the saids Lords Haveing considered the saids Respective Lybells and ansueares therto and both pairties laueres being fully heared att the councill Barr they sustain both Lybles and admitts them to aither pairties probatione and the saids Lords Have excused and heirby excuses the Absence of the said John Aird elder and John Uardrop tuo of the present Bailies of Glasgow for their not Compearance, The, said John Andersone of Douhill present provost of Glasgow and the said Robert Yuill one of the present bailies therof personally Compearing and Inacting themselves in the books of his majesties privie counsell that the said John Aird and John Uardrope the tuo absent defenders shall obtemper and fullfill uhatsomever shall be determined or decerned by the saids Lords of his majesties privie Councill and the saids tuo absent bailies and the¹⁵ uitneses cited or being absent as marked in the Rolls haveing made faith all the Councill¹⁶ Barr the saids Lords nominats and appoynts, the Earle of Leven Lord Boyll Lord thesaurer deputt and justice Clerk Mr Francis Montgomry and the provost of Edinburgh to be a Comitty for examining of the saids uitneses Reserveing all objectiones uhich may be made against them to be proponed and Discussed against them Befor¹⁷ the said Commitie and declaires any tuo of them to be a sufficient quorum and recommends to them to meet the tuenty Fyfth day of Jully instant att ten in the forenoon and Grants Farder dilligence by Captione against the absent uitnesses in aither of the saids proceses and assignes the […] day of […] For¹⁸ doeing of the said farder dilligence Therafter The said action being moved upon the tenth day of Jully instant the Lords of his majeties privie councill Added the Earle of Melvill president of privie councill and the Marques of Annandale to the Committie allready appointed by his majesties privie Council upon the tuenty fourth of June last by past in the mutuall proces betuixt Robert Greenlies and Bailzie Yooll against Ualkenshaw of Barroufield et etc contra and continues the quorum of the said committie to be any tuo as formerly and recommended to the said committie to endeavour To¹⁹ settle and agree²⁰ the Same to prepair the process and put it in such caice as it may be advysed by his majesties privie councill att their nixt meeting and recommended to the said committie to meet the eleventh jully instant att ten in the foornoon And accordingly the said commity haveing met upon the eleventh of Jully instant they made the report as folloues Committie anent process Greenlies and toune of Glasgou against Barroufield Sederunt Lord Marques of Annandale Lord Boyll Lord Justice Clerk and Mr Francis Montgomry Marques of Annandale ereceted preces, The committie haveing called both pairties Compeared Dowhill present provost of Glasgou for the toune therof and Barroufield compearing personaly for himself and the rest of the persuares in his proces, The committie finding a uillingness in both pairties to agree, They appointed Barroufield to Crave the provost pardon in name of toune and recommended to Barroufield to live peaceably as a good neighbour uith the toune of Glasgou in all tyme comming and the toune of Glasgou to Live in the same termes uith him In token wherof the provost and Barroufield did shake hands in presence of the committie and Barroufield att the committies command did Crave pardon of Douhill in name of the toune of Glasgow, and the Toune of Glasgou haveing in Ane accompt of the Expenceses of their proceses befor the committie against Barroufield Extending to Four hundred and Eightie one pounds Eleven shilling Scots the committie modified the said accompt to Tuenty pounds sterling and Decerned Barroufield to make payment of the same to the toune of Glasgow, and the [town] of Glasgou to make payment of the officers and uitnesses expencess out of the samen then modified and the committie Discharges the process on both sydes and declaires the same to be let fall as the said report Beares, The Lords of his majesties privie counsell upon the dait heirof Haveing Considered the writtine report of the Committie appoynted in the mutuall process att the instance of Robert Greenlies and Robert Yooll against […] Walkenshaw of Barroufield et etc: contra they have approven and heirby approves therof and interpones their decreit of authority therto and ordaines letters of horning on Fyfeteen dayes and others needfull to be direct heron informe as effeires