Decreet, 17 January 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/291

Decreet

Decreet Certification Mckenzie contra Rait and others

Anent the Lybell or letters of Complaint raised and pursued before the Lords of Councill and Session at the instances of George Mckenzie factor appointed by the Lords of session for the estate of Halgreen Robert Jaffray in Gourdon […] his Spouse and […] Jaffrey his daughter George Greive Thomas Follie William Jaffrey at the milne of Berbie […] Stivensone and Robert Hamptoune in the Maynes of Halgreen all tenants of the said estate of Halgreen and Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Making Mention That quher albeit by the Lawes and Constitutiones of all weell Governed nations and by the Lawes and acts of parliament of this natione the beating and wounding of his majesties Leidges in ther persons to the effusion of their blood and the robing Spulzieing and awaytakeing of ther Cornes Cattell and other goods espeally quher the same is done under sillence and Cloud of night and the persones called from their oun houses and gifted to officers to serve as souldiers be all Crimes of ane high nature and severly punishable yes true it is that William Rait of Halgreen George Rait his uncle Androw Wood of Balbegno and John Profit servitor to the said William Rait Shaking of all fear of God and regaird to the Lawes of the Land did in a most unwarantable and unaccountable maner Gather themselves togither and upon the twentie two day of October or one or other of the dayes of the said moneth come to the house of the said Robert Jaffrey and the houses of the persuars and Calling them out under pretence of Freindship did in a most Cruell and barbarous maner beat and wound ther persones with swords and staffs to the effusion of their blood and robbed and Carried away their Cornes and Cattell without any Warrand or knowen Cause except that they entered in payment of ther rents to the said George Mckenzie who have a Commission from the Lords of sessione for the behoove of the Creditors of Halgreen for that effect as said is and which Commission was obtained after the Ranking of the Creditors and depended severall sessions and after Halgreen hade deserted the kingdome and relinquished the possessione of this estate quherof many of this Creditors were in possessione and after he returned and remained a Considerable time tin the Abbay He applyed in time of vaccance to the Lords of privy Councill upon pretence of being cited before their Lordships for some acts and deeds of violence Committed be him, He obtained from the saids Lords a protectione for some weeks as he pretended and such was his unworthie practise, That in stead of makeing application to his Creditors He and his accomplices above named Did in a most hostill maner beat wound and robb the tenents and made peny of their goods in publict Marcats and gifted severall of themselves to the officers to serve as souldiers at least threatned to doe the same, and threw doun ther Corne Stacks upon pretence of poynding for his rents notwithstanding of a suspension Legally intimat to Halgreen two dayes before the perpetrating of the saids Crymes By all which the saids persones being found Guilty or at least airt and part therof Ought and should be Severly punished in ther persones and goods to the teror of others to doe the link in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as apertaines under the paine of Rebellion etc as the said Lybell and executiones therof at more length proports Which Lybell being this day Called in presence of the saids Lords of his majesties privy Councill And the said George Mckenzie Robert and William Jaffreyes and Robert Hamptoune four of the persuers Compeiring personally for themselves and the rest of the pursuars with Mr John Fergusone advocat fer the haill pursuers And the haill defenders viz the saids William Rait of Halgreen George Rait his uncle and John Profitt servitor to the said Hallgreen being all Lawfullie Cited oft times called and not Compeiring The Saids Lords Grants Certificatione against them and Ordaines Letters to be direct to macers or messengers at armes to pass to the mercat Cross of […] and other places needfull and therin his Majesties name and authoritie Duely Lawfullie and Orderly Denunce the saids haill defenders his majesties rebells and put them to the horne Escheat and inbring all ther movable goods and geir to his use for ther Contemption and disobedience

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/291

Decreet

Decreet Certification Mckenzie contra Rait and others

Anent the Lybell or letters of Complaint raised and pursued before the Lords of Councill and Session at the instances of George Mckenzie factor appointed by the Lords of session for the estate of Halgreen Robert Jaffray in Gourdon […] his Spouse and […] Jaffrey his daughter George Greive Thomas Follie William Jaffrey at the milne of Berbie […] Stivensone and Robert Hamptoune in the Maynes of Halgreen all tenants of the said estate of Halgreen and Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Making Mention That quher albeit by the Lawes and Constitutiones of all weell Governed nations and by the Lawes and acts of parliament of this natione the beating and wounding of his majesties Leidges in ther persons to the effusion of their blood and the robing Spulzieing and awaytakeing of ther Cornes Cattell and other goods espeally quher the same is done under sillence and Cloud of night and the persones called from their oun houses and gifted to officers to serve as souldiers be all Crimes of ane high nature and severly punishable yes true it is that William Rait of Halgreen George Rait his uncle Androw Wood of Balbegno and John Profit servitor to the said William Rait Shaking of all fear of God and regaird to the Lawes of the Land did in a most unwarantable and unaccountable maner Gather themselves togither and upon the twentie two day of October or one or other of the dayes of the said moneth come to the house of the said Robert Jaffrey and the houses of the persuars and Calling them out under pretence of Freindship did in a most Cruell and barbarous maner beat and wound ther persones with swords and staffs to the effusion of their blood and robbed and Carried away their Cornes and Cattell without any Warrand or knowen Cause except that they entered in payment of ther rents to the said George Mckenzie who have a Commission from the Lords of sessione for the behoove of the Creditors of Halgreen for that effect as said is and which Commission was obtained after the Ranking of the Creditors and depended severall sessions and after Halgreen hade deserted the kingdome and relinquished the possessione of this estate quherof many of this Creditors were in possessione and after he returned and remained a Considerable time tin the Abbay He applyed in time of vaccance to the Lords of privy Councill upon pretence of being cited before their Lordships for some acts and deeds of violence Committed be him, He obtained from the saids Lords a protectione for some weeks as he pretended and such was his unworthie practise, That in stead of makeing application to his Creditors He and his accomplices above named Did in a most hostill maner beat wound and robb the tenents and made peny of their goods in publict Marcats and gifted severall of themselves to the officers to serve as souldiers at least threatned to doe the same, and threw doun ther Corne Stacks upon pretence of poynding for his rents notwithstanding of a suspension Legally intimat to Halgreen two dayes before the perpetrating of the saids Crymes By all which the saids persones being found Guilty or at least airt and part therof Ought and should be Severly punished in ther persones and goods to the teror of others to doe the link in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as apertaines under the paine of Rebellion etc as the said Lybell and executiones therof at more length proports Which Lybell being this day Called in presence of the saids Lords of his majesties privy Councill And the said George Mckenzie Robert and William Jaffreyes and Robert Hamptoune four of the persuers Compeiring personally for themselves and the rest of the pursuars with Mr John Fergusone advocat fer the haill pursuers And the haill defenders viz the saids William Rait of Halgreen George Rait his uncle and John Profitt servitor to the said Hallgreen being all Lawfullie Cited oft times called and not Compeiring The Saids Lords Grants Certificatione against them and Ordaines Letters to be direct to macers or messengers at armes to pass to the mercat Cross of […] and other places needfull and therin his Majesties name and authoritie Duely Lawfullie and Orderly Denunce the saids haill defenders his majesties rebells and put them to the horne Escheat and inbring all ther movable goods and geir to his use for ther Contemption and disobedience

1. NRS, PC2/25, 152r-153v.

1. NRS, PC2/25, 152r-153v.