Decreet, 21 June 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Edinburgh the Twentie day of June Jaj vjc nyntie thrie years

D1693/6/131

Decreet

Decreet Margaret Raspect Against The Viscount Kenmuir

Anent our soveraigne Lord and Ladies letters pursued before the Lords of their Majesties privy Councill at the instance of Margrat Rasper relict of the deceast John Chalmers of Knockman and Mary Corbie her daughter and Sir William Lockhart then their Majesties Solicitor for their highnes intrest in the matter underwritten Against Alexander Viscount of Kenmuir and William Gordon his servant Makeing Mentione that quher by the comon Law, The Lawes acts of parliament and daylie practise of this and all other weell Governed nationes The intrudeing upon and invadeing of peoples rights and possession and Especially poor widdowes and fatherless Childreen by force fraudelent or Illegall Contrivances and pretences and the masterfull Or violent and unjust debarring and keeping them ther from and the beatting and wounding and bleeding and abuseing of any of his majesties leidges and the violent and masterfull Spulzieing and away takeing of any persones goods or geir without any Collor or warrand of Law are Crymes of high nature and severly punishable Nevertheless It is of verity That the said Margrat Rasper being infeft in the Soume of Fiftie merks Scots as the yearly annualrent of Eight hundred and thretie thrie merks four shilling four penies Scots money by the Contract of Mariadge past betwixt the said John Chambers and the pursuar the said umquhill John Chambers and his predecessors has been in posessione And infeft of the saids Lands past memorie of man And the pursuar after the decease of her said umquhill husband has contiued in the possession of the half of the saids Lands which payes yearly the forsaid annualrent due to him till the Midle of February Last That Alexander Viscount of Kenmuir William Gordon his servant being accompanied with the number of twelue men or therby came to the said Margrat Raspers house and violently and masterfully turned her out of possession of the saids Lands and took and Caried away the number of six bolls corne at twentie merks the boll and Fourtie Turse of Hay at half a Crown the Turse, Fourtie threive of straw at twelue shilling the threave, Fourtie loads of peetts at four shilling the load, and Brydle at two shilling sterling Item the Fuilzie of the ground worth twentie punds scots and destroyed and break the haill plenishing of her hous and took away the pleugh Irons from the pleugh and baitt and wounded her self to the great effusione of her blood and that without any Shaddow of Law, Bot ane pretended Decreet of removeing obtained against the pursuar in absence, To which she being a poor woman was never called And of quhich she has raised reductione before the Lords of Session, And which Decreet could have been no ground for Spulzieing and away takeing the pursuars goods and geir And sicklike the said Mary Corbie haveing right by Dispositione to, and being in possession of the numberof seven score and Fourtein sheep worth a doller the peice overhead was by the said Alexander Viscount of Kenmuir William Gordon his Chamberland and his accomplices spulzied and away taken from the pursuar, And that notwithstanding she offered them a sight of the forsaid dispositione And that the same was intimat at the Cross of Newtoune of Galloway Kirk doords of Dalry and marcat cross of Kirkcudburgh along time before and they beat and wounded her to the great effusione of her blood By all quhich it evidently appears to the Lords of privy Councill the oppression and hard usadge the pursuar have been trysted with And Therfore in all law equity and reasone the said Alexander Viscount of Kenmuir and William Gordon his servant Ought and Should be Decerned be Decreet of the saids Lords of privy Councill To Restore and repone the said Margrat Rasper to the possession of the forsaid lands or allow her ane aliement to preserve her from starving untill the event of the cuase before the Lords of sessione and restore her other goods and geir wrongeously spulzied without any order of Law And sicklie to restore to her the said Mary Corsbie the forsaid number of seven score and seventein sheip wrongeously spulzied and away taken from her and Otherwayes punished in their persons and goods to the terror of others to comitt the like in time comeing without remeid be provyded therto as is alledged And Anent the charge given to the said Viscount and William Gordon to have Compeired before the saids Lords at ane certain day now bygone to have answered to the grounds of the above Complaint and to have heard and seen such Order and Course taken theranent as the saids Lords shall think fitt under the paine of rebellion with Certificatione as the saids letters and executiones therof bears The said Lybell being upon the thrid day of November Jaj vjc nyntie one years Called in presence of the saids Lords and the said Margrat Rasper Compeiring personally And the defenders being oft tymes called and not Compeiring The Saids Lords Granted Certification against them for their absence and not Compeirance And ordained letters of Denunciation to be direct against them for Denunceing them in comon forme And therafter the said Viscount of Kenmuir Haveing Compeired with Mr Rorie Mckenzie his Advocat The saids Lords of their Majesties privy Councill Havieng this day Considered the Lybell with the writtes produced for aither partie with the report of a Comittie of their oun number to whom this matter was Remitted who mett againe upon a bill given in be Margaret Rasper Compleaneing upon her former report and that the Viscount of Kenmuir hade produced no right as he was ordained to doe Which bill the Viscount was ordained to see and answer And seing that the Viscount hath made no answer neither hath produced any right Neither hath made payment as he was ordained by the former report Therfore The Saids Lords Ordaines the said Margrat Rasper to be Immediatly Reponed to the possession of the lands of Knockman from which the viscount did unwarantably eject her, And ordaines the Viscount to make payment to her of seven-score fourtein sheep which he Spulzied from her at the rate of two pund Eight Shilling the head, And also to pay to her Thriescore ten merks yearly as the rent of the land since the time of the forsaid ejectione, which was in February Jaj vjc nyntie years being now thrie years, as Likewayes of the soume of ane hundred merks for her damnadge and expences And ordaines her not only to be repossest and letters to be direct heiron against the Viscount for that effect upon fiftein dayes Bot also Ordaines Thomas Alexander shireff depute of the shyre of Kirkcudbright to see her repossest conforme to the tenor heirof.

Edinburgh the Twentie day of June Jaj vjc nyntie thrie years

D1693/6/131

Decreet

Decreet Margaret Raspect Against The Viscount Kenmuir

Anent our soveraigne Lord and Ladies letters pursued before the Lords of their Majesties privy Councill at the instance of Margrat Rasper relict of the deceast John Chalmers of Knockman and Mary Corbie her daughter and Sir William Lockhart then their Majesties Solicitor for their highnes intrest in the matter underwritten Against Alexander Viscount of Kenmuir and William Gordon his servant Makeing Mentione that quher by the comon Law, The Lawes acts of parliament and daylie practise of this and all other weell Governed nationes The intrudeing upon and invadeing of peoples rights and possession and Especially poor widdowes and fatherless Childreen by force fraudelent or Illegall Contrivances and pretences and the masterfull Or violent and unjust debarring and keeping them ther from and the beatting and wounding and bleeding and abuseing of any of his majesties leidges and the violent and masterfull Spulzieing and away takeing of any persones goods or geir without any Collor or warrand of Law are Crymes of high nature and severly punishable Nevertheless It is of verity That the said Margrat Rasper being infeft in the Soume of Fiftie merks Scots as the yearly annualrent of Eight hundred and thretie thrie merks four shilling four penies Scots money by the Contract of Mariadge past betwixt the said John Chambers and the pursuar the said umquhill John Chambers and his predecessors has been in posessione And infeft of the saids Lands past memorie of man And the pursuar after the decease of her said umquhill husband has contiued in the possession of the half of the saids Lands which payes yearly the forsaid annualrent due to him till the Midle of February Last That Alexander Viscount of Kenmuir William Gordon his servant being accompanied with the number of twelue men or therby came to the said Margrat Raspers house and violently and masterfully turned her out of possession of the saids Lands and took and Caried away the number of six bolls corne at twentie merks the boll and Fourtie Turse of Hay at half a Crown the Turse, Fourtie threive of straw at twelue shilling the threave, Fourtie loads of peetts at four shilling the load, and Brydle at two shilling sterling Item the Fuilzie of the ground worth twentie punds scots and destroyed and break the haill plenishing of her hous and took away the pleugh Irons from the pleugh and baitt and wounded her self to the great effusione of her blood and that without any Shaddow of Law, Bot ane pretended Decreet of removeing obtained against the pursuar in absence, To which she being a poor woman was never called And of quhich she has raised reductione before the Lords of Session, And which Decreet could have been no ground for Spulzieing and away takeing the pursuars goods and geir And sicklike the said Mary Corbie haveing right by Dispositione to, and being in possession of the numberof seven score and Fourtein sheep worth a doller the peice overhead was by the said Alexander Viscount of Kenmuir William Gordon his Chamberland and his accomplices spulzied and away taken from the pursuar, And that notwithstanding she offered them a sight of the forsaid dispositione And that the same was intimat at the Cross of Newtoune of Galloway Kirk doords of Dalry and marcat cross of Kirkcudburgh along time before and they beat and wounded her to the great effusione of her blood By all quhich it evidently appears to the Lords of privy Councill the oppression and hard usadge the pursuar have been trysted with And Therfore in all law equity and reasone the said Alexander Viscount of Kenmuir and William Gordon his servant Ought and Should be Decerned be Decreet of the saids Lords of privy Councill To Restore and repone the said Margrat Rasper to the possession of the forsaid lands or allow her ane aliement to preserve her from starving untill the event of the cuase before the Lords of sessione and restore her other goods and geir wrongeously spulzied without any order of Law And sicklie to restore to her the said Mary Corsbie the forsaid number of seven score and seventein sheip wrongeously spulzied and away taken from her and Otherwayes punished in their persons and goods to the terror of others to comitt the like in time comeing without remeid be provyded therto as is alledged And Anent the charge given to the said Viscount and William Gordon to have Compeired before the saids Lords at ane certain day now bygone to have answered to the grounds of the above Complaint and to have heard and seen such Order and Course taken theranent as the saids Lords shall think fitt under the paine of rebellion with Certificatione as the saids letters and executiones therof bears The said Lybell being upon the thrid day of November Jaj vjc nyntie one years Called in presence of the saids Lords and the said Margrat Rasper Compeiring personally And the defenders being oft tymes called and not Compeiring The Saids Lords Granted Certification against them for their absence and not Compeirance And ordained letters of Denunciation to be direct against them for Denunceing them in comon forme And therafter the said Viscount of Kenmuir Haveing Compeired with Mr Rorie Mckenzie his Advocat The saids Lords of their Majesties privy Councill Havieng this day Considered the Lybell with the writtes produced for aither partie with the report of a Comittie of their oun number to whom this matter was Remitted who mett againe upon a bill given in be Margaret Rasper Compleaneing upon her former report and that the Viscount of Kenmuir hade produced no right as he was ordained to doe Which bill the Viscount was ordained to see and answer And seing that the Viscount hath made no answer neither hath produced any right Neither hath made payment as he was ordained by the former report Therfore The Saids Lords Ordaines the said Margrat Rasper to be Immediatly Reponed to the possession of the lands of Knockman from which the viscount did unwarantably eject her, And ordaines the Viscount to make payment to her of seven-score fourtein sheep which he Spulzied from her at the rate of two pund Eight Shilling the head, And also to pay to her Thriescore ten merks yearly as the rent of the land since the time of the forsaid ejectione, which was in February Jaj vjc nyntie years being now thrie years, as Likewayes of the soume of ane hundred merks for her damnadge and expences And ordaines her not only to be repossest and letters to be direct heiron against the Viscount for that effect upon fiftein dayes Bot also Ordaines Thomas Alexander shireff depute of the shyre of Kirkcudbright to see her repossest conforme to the tenor heirof.

1. NRS, PC2/24, 226r-227v.

1. NRS, PC2/24, 226r-227v.