Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Second day of August One Thousand Seven Hundred years

D1700/8/2

D1700/8/2¹

Decreet

Decreit Certificatione The Lady Strowan against Duncan Robertson and others

Anent The Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privy Councill Be Marion Baillie Lady Strowan lifrentrix of the Lands of Feirnane Kinloch and Carie for her self and as assigney Constitute be Mrs Margrat Robertsone eldest Lawfull daughter to the deceast Alexander Robertsone of Strowan and John Robertson alias Gilliebreck ground officer With Concourse of Sir James Stewart his Majesties advocat for his hienes intrest in the Matter underwryten By Warrant of his Majesties privy Councill Making Mention That wher be the Comon Lawes and Customes of all weell governed nationes and Lawes and acts of parliament of this kingdome the Convocating of men in armes heading of ane Certaine number of vagabounds and Ruffians The robbing of any of his Majesties free Leidges or their tennants or servants upon his Majesties high way And the makeing them prisoners, The violent entering into the housses breaking up doors Chists Trunks Coffers and the Spoilling and Carieing away of the plenishing and furniture therof The Stealling robbeing and away takeing and killing of their kyne sheep goat and bestiall and the Resetting and disposeing therof and of the household plenishing or furniture so spoiled And all deeds of Bangstrie oppressione and unwarantable violence against men and their goods and possessiones, The fireing upon any of his Majesties forces and free Leidges and assaulting them under cloud and sillence of night presenting of Guns pistoll’s and durkes to them disarmeing binding and makeing them prisoners and therafter dismissing them disgracefully for offering to protect the persone so oppressed or to rescue the goods whill a robbing and away takeing And alse the dryveing away of goods Committed to Certaine of his Majesties² forces for their protection by warrant and authoritie, and the raiseing of fire in the houses of any of his Majesties free Leidges in defyance of his Majesties authority, and burning the Same or such furnitur or plenishing that was therin Especially dureing the dependance of a Councill proces against the persones so guilty and after Labourowes were duely execute, and Caution found are prohibit, and the same deeds when Committed more Especially by a sone against a mother and sister and with other agravating Circumstances aftermentioned Are Crymes of a high Nature And ought to be severly punished, Nevertheless It is of verity that Duncan Robertsone second Lawfull sone to the said Lady Strowan casting off all fear of god duty to his mother and regaird to his Majesties Lawes and authoritie And the persones following his Servants and accomplices particularly Malcolme Mconeill Vic Condochie his Domestick servants Patrick Robertsone youngest Lawfull brother of Drummachoine Grand uncles sone to the said Duncan Donald Mconeill-Roy his domestick Servant Alexander Mcdonald alias Mcallaster Vic indowie Vic Gillispick later in Glencoe a Vagabound and […] Mcdonald his Servant are guiltie of the oppressiones and Other Crymes above and aftermentioned In so far as The said Lady Strowan pursuer being dayly troubled and Mollested in the possession of her Lands and goods and threatned with Severall acts of violence by the said Duncan Robertsone and his said accomplices She was necessity for her oun security to raise Laborrowes against him and the Said Patrick Robertsone and others By which they were Charged to find Cautione before the Lords of his majesties privy Councill in the Laborrowes under the penaltie of ane thousand merks the peice And after chargeing upon the said Laborrowes Denunceing registrating and takeing out Captione against the said Duncan and Patrick Robertsones and apprehending and incarcerating of the Said Duncan, and that James Dumbar of Dacus Merchant burges, of Innverness became Caution in Comon forme of Labborowes for him before he was set at Libertie yet Notwithstanding the saids Duncan and Patrick Robertsones Accompanied with the saids persones and a great many others of their accomplices came to the ground of the Lands of Carie belonging to the said Lady Strowan pursuer or Lands nixt adjacent therunto And their did upon the sixteinth day of May Last Or ane or other of the dayes of the said moneth violently Seaze and apprehend the persones of Duncan Moir, Donald and Malcolme Mccleans Tennants and Servants to the said Lady Strowan in the Lands of Feirnane and robbed them of Two bolls of meall and ane boll Malt belonging to her, and of the Sacks and Teathers and other horss furniture, as her said³ Servants with their horsses and Loads were goeing out his majesties high way throw a high way to the maner place and house of Carie And Detained them prisoners the most part of a day and Swore if they came that way againe That they Should Loss both their Lives and their horsses, and bid them tell the tenants of her lifrent Lands That if they did not Immediatly remove and leave the Joynture Lands waist they should repent it, Which meall and Malt and what was then robbed was worth and of value the Soume of Fourtie two pounds Scots money, And the said Duncan himself both before and after went to severalls of the tenents of the saids Lands Threatned some and Caused Others remove and Swore them not to tell that he so threatned them, Likeas the said Duncan and Patrick Robertsones with their accomplices being all armed with guns pistolls swords and other weapons invasive and offensive Came upon the Twenty Second, or ane or other of the dayes of the said moneth of May to the ground of the saids Lands of Carie, Swearing and Curseing most horid and execrable oathes and did violently and masterfully dryve away two great English Cowes ane Calf ane ane Bull belonging to the said Lady Valued to the Soume of ane hundred and fiftie pounds money forsaid and killed ane Cow belonging to the said John Robertsone allias Gillibrick ground officer⁴ worth Twenty four pound money forsaid And in furder prosecutione of their malice, And that the said Lady might not recide at the said Maner place of Carie, Bot to make the Lands Waste and turne out her, and her tennents Because of the former Councill process and publict order Subsequent therunto to a partie of his Majesties forces who were authorized and warranted to protect her and her tennants in her for said house and Joyntur Lands at and after the terme of Whitsunday Last The saids Duncan and Patrick Robertsones and their accomplices Did upon the said fifteinth or Twentie two or ane or other of the dayes of the said moneth of May or upon ane or other of the dayes of the Moneths and years of God J^aj vi^c nyntie Nyne or J^aj vii^c years Thifteously and Clandistinly in the night time break open and made patent all doors, Trunks Chists and Coffers of the said house and Mannor place of Carie and Conforme to ane particular Inventar repeated as a part of the Lybell violently robbed and Caried away what furniture infight plenishing goods and geir of all Sorts that was therin used and disposed therupon as he thought proper Which infight plenishing goods and gear were Worth and of value the Soume of six hundred Sixtie Six pounds thretein Shilling four peines money for said; As also The saids Duncan and Patrick Robertsones haveing Conceived a deadly hatred ill will Malice and prejudice against the said Lady Strowan pursuer his mother and the saids Margret Robertsone his sister And She being at the place of Carie intimating to the partie and Garisone their That She dreaded the said Duncan and Patrick Robertsones and the other persones Complained upon, and their accomplices their harme, and she goeing peaceably to the Lands and Sheillings possest be her and the other tennents of the said Joynture Lands and wher were, their goods and bestiall pasturing and she accompanied only with Thomas Barbour William Connell and David Evan Souldiers in Collonell James Fergusones regiment in Garison at the said place of Carie ordered ther, by publict warrand for protecting of the said Lady Strowan pursuer and her tennants and the said Mrs Margret their goods and possessiones The Said Duncan and the other persones defenders for preventing therof and as ane additione to their former guilt, Did upon the twentie day of June last or one ore other of the dayes of the said moneth Convocat and gather togither the number of Fourtie or Fiftie more Idle vagabounds and Ruffians all of them being armed as said is, oppenly and avoedly fire upon the said Mrs Margret and the saids Thomas Barbour, William Connell and David Eveans Souldiers eight or nyne Severall Shot and Sarjant John Reid Comander of the partie being alarmed with the fireing haveing come up with all in Garison and haveing inquyred at the said Duncan how it was and ane whatt account that he did head so many armed men, He very Impudently asserted that it was to dispossess the said Lady Strowan his mother and Sister and their tennants and which he did very effectually In so much as the said Duncan haveing detached a partie of the forsaids vagabonds and Ruffians armed as said is Who marched in a Military posture to the Sheallings of Innerbar belonging to the Earle of Tillibardine wher the said Mrs Margaret with her goods and servants were fleeing for Shelter, And the avoiding the hazard of being robbed of her goods, haveing allongst the said Thomas Barbour and William Mcphersone two Souldiers of the said partie and Garisone As aforsaid, She was followed and pursued be the said partie of Ruffians who hade orders and directione from the said Duncan Robertsone and they comeing under cloud and sillence of night entered the Shealling wher the saids Mistres Margret her servants and the said two Souldiers were, Did upon the Twentie one Or ane or other of the dayes of the said moneth of June last fall upon her and Servants And the saids two Souldiers with presented and Cocked guns and pistolls And with drawen Swords and Durks Beat and bruised the Servants bound and disarmed the saids two Souldiers Robbed Spoilled and Caried away the Cowes Sheep Goat Mears and others belonging to the Said Mrs Margaret Viz six great Cowes being Nuckill and furrow kine with thrie sticks and ane Calf their followers pryce overhead per peice includeing the followers Twentie four pounds Inde, Ane hundred and fourtie four pounds Item Twentie Sheep with their Lambs worth overhead per peice including the Lambs four pounds Inde Eightie pounds Item Twentie two goats with their Kidds worth overhead per peice includeing the⁵ Kidds four pounds Inde Eightie Eight pounds: Item Two Mears worth Twentie four pounds per peice overhead Inde Fourtie Eight pounds all Scots money and Caried the Same way Item the said Mistres Margarets Damnadges theron being violently dispossed from her house and Corne mylne of Stroan Fiernane and otherwayes damnified of the profits and excess of her goods Extending to Thrie hundred and Threttie thrie pounds Six Shillings Eight pennies Item the Loss of her oldine peats Turves, Which were casten and wine worth fourtie pounds Extending the Saids goods geir and others belonging to them with the said Damnadges to the Somme of Seven hundred Threttie thrie pounds Six Shilling Eight penies Scots money forsaid And therafter to the Saids Lands of Feirnane, and drove the haill tennants and goods therof from off the ground Throw their peits as Casten and wine into the peat mosies and threatned them with horible oathes and asseverationes of that the tennants Should returne againe to their possessiones they Should Loss their good and bestiall, And whatever Should be found upon the ground And Lastly upon the Twenty fifth or Twentie sixth Or ane or other of the dayes of the said moneth of June To make a totall ruine and vastatione of the whole Joynture Lands The Said Duncan and Patrick Robertsones haveing the number of⁶ Twenty four men of their accomplices armed as said is came in ane hostile Manner to the Lands of Kinnicalden a toune of the saids Lands of Fername and resided ther all night did what outragges and Abuses they pleased to Committ stript and Tirred some of the Tennants of their Cloathes Robbed them of their plaids and furniture and Caried away the Same openly and avowedly in high contempt of his Majesties Authority, As also robbed and away took the number and quantitie of Threttie Six bolls meall, Which the said Mrs Margret hade Sheltered in the toune of Kenmore being designed for and allocat to furnish the partie of the forces Lying in Garisone at Carie at Twelue pounds per boll Is four hundred and threttie two pounds Scots Item the worth and value of the said Mrs Margret infight plenishing of her dwalling house brock open be them and of the Chists plates and other dishes with severall Creills seives ridles and Such like furniture for husbandrie Brunt be the said Duncan and his partie Extends to ane hundred pounds money forsaid, Which haill goods gear and others abovewryten belonging to the saids Mrs Margarat and John Robertsones The said Lady Strowan pursuer has right be assignation from each of them dated the Second day of July One thousand Seven hundred years By all which acts and deeds the saids Duncan and Patrick Robertsones have not only Contraveened the forsaid Laborrowes, And the saids Duncan Robertsone and James Dumbar his Cautioner, And alse the said Patrick and ilk ane of them for the paynes therincontained Bot also the saids Duncan and Patrick Robertsones and the other persones Complained upon, Have Committed ane Manifast Ryot Creuall oppression Thift Robberty and fire raising And the said Duncan; And James Dunbar his Cautioner, The said Patrick Robertsone and the other persones Complained upon Singuli in Solidum ought to be Decerned Not only to pay the said Lady Strowan pursuer for her self and as assigney forsaid The respective pryces and value of the said meall malt and others particularly abovewryten And Inventar Repeated as a part of the lybell robbed and away taken from her self and from the said Mistres Margret and Brunt and distroyed to her And alse from the ground officer in maner abovementioned Extending to Two Thousand ane hundred Fourtie Eight pounds money forsaid And the Soume of Fiftie pound money forsaid Which the said Lady would have made of her said Cowes as for the violent profits Extending in the haill to the Soume of Two Thousand One hundred Nyntie Eight pounds money forsaid, And Likewayes the Said Duncan and Patrick Robertsones And the haill other persones above Complained upon who are actors at Least Airt and part of the haill forsaid Crymes, Which being proven, They ought and Should not only be Decerned to pay also the Soume of Fyve Hundred pounds money forsaid of damnadges and expences by the said pursuer Bot Likewayes farder punished in their persones and goods to the example and terror of others to Committ or doe the Like in time comeing And Anent the Charge given to the saids defenders To have Compeared personally before the saids Lords at ane Certaine day now bygone To have answered to the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just As in the said Letters or Lybell at more Lenth is Contained Which Lybell being this day called in presence of his Majesties high Commissioner and the Lords of his majesties privy Councill, And the pursuer And also both the defenders being oft times called Lawfullie cited and not Compearing His Majesties high Commissioner and the Lords of his Majesties privy Councill Sustaines the Lybell Albeit the Lady be not Compearing In Respect the Same is raised by particular Order of privy Councill at his Majesties advocats instance Who is present and Compearing with Sir Patrick Home and Mr John Meinzies Advocats and Craved that Certificatione might be granted against both the saids Duncan Robertson and James Dunbar defenders In Respect of their Absence And not Compearance, And that order and warrand might be granted to Brigadeer Maitland Commander of his Majesties forces at Fort William, And also to Collonell Fergusone Collonell of the Regiment and forces Lying in the Shyre of Pearth To Seaze and apprehend the person of the said Duncan Robertsone defender His Majesties high Commissioner And the Lords of privy Councill Haveing Considered the Lybell With the desire of his majesties advocat And the advocats for the pursuer They hereby Grant Certificatione against both the saids defenders In Respect of their absence and not Compearance And Ordaines Letters of Denuncatione to be direct to maccers or messengers at armes Commanding them to pass to the Marcat Cross of […] And other places needfull, And therat in his Majesties name and authority duely Lawfullie and Orderly Denounce the saids defenders his Majesties rebells and to ordaine all their moveable goods and geir to be escheat and inbrought to his majesties use for their Contempt and Disobedience; And Recommends to his Majesties advocat to give order and warrand to the said Brigadeer Maitland or the said Collonell Ferguson, To Cause Seaze and apprehend the persone of the said Duncan Robertsone wher ever he may be apprehended and to Cause Send him in under a secure guard to the Tolbooth of Edinburgh, And appoints the Magistrats of Edinburgh and keeper of ther Tolbooth to receive and detaine him prisoner therin till farder order of Councill.