Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Sixtein day of January J^aj vi^c nyntie six yeirs

D1696/1/28

D1696/1/28¹

Decreet

Decreit Kilgoure and Simpsone Against Hwttone

Anent The lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Alexander Killgoure and James Simpsone present elders of The kirksessione of Dysert with concurse of Sir James Stewart his majesties advocat for his majesties interest in the mater wnderwritten That wher by the Laws and acts of parliament of this kingdome the imprisoneing any of the Leidges without any Jwst cause or occasione especiallie wher the Same is Done by a magistrat and wnder the colloure and pretence of Law And wher the persones imprisoned at the same tyme are reflected upon and unmaced and threatned for ther exerciseing of ther offices as elders being legallie and Duely elected according to the Lawes of this kingdome Yet Nevertheles David Hwttone one of the baillies of Dysert haveing Shaken of all fear of God and respect to our authoritie and Lawes is gwiltie of the foirsaides crymes In als much as on the twentie Eight day of December Last or ane or other of the dayes of the said moneth He haveing fenced a court did cause call for the saids Alexander Killgoure and James Simpsone complainers who are elders admitted by the wnited presbetries of Kirkaldie and Dumferleing And Did in ane threatening maner ask them who it was that Did dilate Mr Robert Law Doctor of The Grammer Schooll to the kirksessione And the saids complainers haveing ansuered That they Did not know he did reply that he would make them know that they were but pretended elders And that they could keepe no Sessione Therby plainely disowneing the awthoritie by which the saids complainers uere established in ther offces as elders And they haveing asked if ther was any lybell or complaint given in Against them And haveing likewayes told that David Williamsone who was present and was clerk to the Sessione could informe him of what he asked yet without any furder he did most imperiowsely and wnjunstly comand and order the townes officers to Detaine the saids complainers in prisone And accordingly the saids officers did Lay violent hands upon them And kept them prisoners wherupon they took instruments And protested for Damnadge All which being proven and instructed² the Said David Hwtton ought to be Deprived of his office as baillie as being gwiltie of ane manifest act of oppressione And ought also to be otherwayes pwnished in his persone and goods To the terror of others to comitt the lyke in tyme comeing And Anent the charge given to the said Defender to have compeared befor the saids Lords at ane certaine day now bygone to have ansuered to the foirsaid 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 and putting of him to the horne with certificatione etc As in the principall Letters and executiones therof at more Length is contained Which lybell being upon the fourtein of this instant called in presence of The Lords of his majesties privie Counsell And the persewars being absent in respect they are prisoners in the tollbwith of Dysert by the Defenders order And Sir James Ogilvie his majesties Solicitor compeareing as Advocat for them And the Defender compeareing also with Mr Hugh Dallrimple his advocat The Saids Lords admitted the lybell to probatione And the wittnesses haveing made faith The Counsell nominated and appointed a Comittie of ther own number for examining the saids wittnesses And in the mean tyme decerned and ordained the baillie of Dysert imediatly to putt to Libertie the persones of the said Alexander Killgoure and James Simpsone persewars furth of ther tollbwith wher they were then prisoners And the saids Lords of his majesties privie Cowncell haveing this day considered the depositiones of the wittnesses with a petitione given in be the said David Huttone Defender The Councell finds the lybell Sufficiently proven And therfore have Deprived and heirby deprives the said David Huttone of his office of Baillie in the said burgh of Dysert And appoints the rest of the magestrats and present Councell of the said burgh to meet and elect another baillie in his Stead for this current yeir J^aj vi^c and nyntie Six betuixt and the Second day of febrwary next to come And Decernes and ordaines the said David Huttone defender to make payment to the saids persewars of the soume of Ane Hundereth pund Scotts money which the Councell modifies in place of the expensses debursed and sustained be them in this proces The perseuars allwayes makeing payment of the wittnesses expensses adduced in this proces owt of the foirsaid soume And ordaines Letters of Horning on fifetein dayes and other executorialls needfull to be Direct heiron in forme as effeirs