Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Eighteen Day of Jwny J^aj vi^c nyntie six yeirs

D1696/6/12

D1696/6/12¹

Decreet

Letters of certificatione Thomas Logie Against Fergwsone

William by the grace of God King of Great Brittaine France and Ireland defender of the faith To […] Macers of our privie Counsell messengers at armes our Shirreffs in that pairt conjunctlie and severallie speciallie constitut greeting Forasmuch as Anent the lybell or Letters of complaint raised befor the Lords of our privie Counsell at the instance of Thomas Logie merchand in Aberdeen with concourse of Sir James Stewart our Advocat for our interest in the mater underwritten Mentioning That wher by the Lawes of this and all other well governed nationes and constant practices of this realme the violent and maisterfull oppressione of our Leidges and invadeing ther housses and Dispossessing them therof The ejecting and casting furth all ther plainshing and goods without any colloure or Shaddow of Law Be all crymes of ane high nature and Severely pwnishable yet true It is and of veritie That Margaret Robertsone relict of umquhill Charles Mercer messenger at Aberdeen did on the […] day of February J^aj vi^c eightie eight yeirs obtaine a Decreit of removeall against the Complainer befor the Shirreff of Aberdeen while he was at Edinburgh about his Laufull affairs for removeing him out of his own house wherto She had no right and haveing accordingly given the Complainer a charge to remove against whittsonday therefter soe maliciows and covetows was the said Margaret her designe that in the moneth of February the said yeir threttein weeks befor the tyme appointed for removeing in the said Decreit of the said Margaret Robertsones and George Adam procurator in Aberdeen Did hyre Thomas Collie and Severall others in Aberdeen to watch the complainer in caice he Should come out of his own house that they might come in and eject him and his wife and six poor childrein and soe continwed in watching and keeping them with in the same for the Space of Threttie dayes by comeing each morning and evening with Swords so that the complainer nor any of his familie could hardly gett soe much as a Drink of water nor any thing els for keeping in ther lives for that space nor could they gett any fyre but timber that they cutted Downe within the house they also assaulted the complainer twise with swords and Durks brwised him in his bodie and wounded his wife and doughter in ther armes to the great effwsione of ther blood And they were necessitat to open the Door atleast And no Sooner was it opened then the persones foirsaids with severall others came in and most illegally and unchristeanly ejected the complainer his wife and Six poor childrein and putt them furth amongest the snow in the winter tyme they haveing no other place to Shelter themselvs but what ther neighboures affoorded them And therefter did cast furth all the plainshing on the streets and haill furniture that was in the house And so was all Stollen or disposed of by the said Margaret Robertson and her accomplices so that the complainer never receaved any of it againe to this houre And efter they had soe violently ejected the complainer they also ejected his tennents and Locked up ther Doors wherthrough the saids persones above complained upon are gwiltie of all the crymes above Lybelled And therfor ought and Should not only be punished in ther persones and goods But alsoe decerned to make payment to the complainers of the Soume of […] for the damnadges Sustained by him through his being ejected and Loseing of his plainshing And to repossess him of his house and yeards and otherwayes pwnished in ther persones and goods to the terror of others to comitt the like in tyme comeing And anent the charge given to the saids defenders to have compeared personallie befor the saids Lords of our privie Counsell at ane certain day by past to have ansuered to the grounds of the above written complaint And to have heard and sein such order and course taken theranent As our saids Lords Should think fitt wnder the paine of rebellione and putting them to the horne with certificatione etc As the said principall lybell with the executiones therof more fullie proports The which lybell being upon the Day and Date heirof called in presence of our saids Lords And the said persewers compeareing personallie with Sir James Stewart his majesties advocat and the defenders being oft tymes called and not compeareing Our saids Lords Granted certificatione against the Saids Defenders In respect of ther absence and not compeareance And ordained thir our Letters of denunceatione to be direct in maner and to the effect wnderwrittin Our Will is Herefore and wee charge yow Straitly and comand that incontinent thir our Letters Sein ye pass to the mercat cross of […] and other places needfull And ther in our name and authoritie by open proclamatione duely laufullie and orderly denunce the saids Defenders our rebells And putt them to our horne And ordaine all ther moveable goods and geir to be escheat and inbrought for our wse for ther contempt and disobedience And als that ye cause registrat thir our Letters with the executiones therof conforme to the act of parliament The whilk to Doe wee committ to yow conjunctlly and severally our full pouer be thir our Letters Delivering them by yow duely execut and indorsat again to the bearer Given under our Signet at Edinburgh the Eightein day of Jwne and of our reigne the Eight yeir 1696