Act, 29 December 1692, Edinburgh

Edinburgh the Twentie two day of November J^aj vj^c nyntie two years

D1692/11/16

D1692/11/16¹

Decreet

Decreet absolvitor Hownames Against Irving and Wauch

Anent our Soveraigne Lords letters raised and pursued before the Lords of their majesties privy Councill at the instance of James Irving and John Wauch waitters of Allisone Bank, And Gilbert Eliot also waitter and Sir William Lockhart their majesties Solicitor for their intrest in the matter underwritten Makeing Mentione That quher albeit be the Lawes and constitutiones of all weell governed nationes and by the lawes and acts of Parliament of this natione the assaulting and invadeing of any of their majesties Subjects whill they are goeing peacably without their Lawfull Callings and baitting and wounding of them to the effusion of ther blood Especially wher the same is done by persones in Disguise or be men in womens Cloathes to the effect the actors of these willanies might be keeped undiscovered and wher the same Is done and Comitted upon their majesties publict servants whill they are in execution of their offices, And particularly upon the Collectors Surveyors or waitters when seasing upon or haveing made sezure of unentred and uncustomed goods, And the breaking open the doors of the houses and Chambers wher the seazure Lyes, And the bereating the saids watters and others and violently Carieing away from them of the uncustomed goods after the due and lawfull seazure And secureing therof for their majesties use Be all Crymes of ane high nature and severly punishable, yet nevertheless It is of verity that the saids James Irving and John Wauch waitters at Alison Bank, Haveing got intelligence that John Howname younger merchant in Langholme Haveing stollen ane barrell of Indigoe and other goods by their Majesties custome office, without entering the same and caried them to Longholme They the said waitters with some others their assistance in pursuance of their trust Did upon the fourteinth day of May last J^aj vj^c and nyntie two or ane or other of the dayes of the said moneth pass to the toune of Langholme and make search for the saids goods wher they did find and aprehend the said barrell of Indigoe, Which when they ware Carieing a way, ware Immediatly invaded and furiously assaulted by John Houname elder in Langholme Jean Eliot spouse to the said John Howname younger to whom the goods did belong, Anna Eliot daughter to Robert Eliot ther, father in law to the said Robert, John Litle younger ther, Archibald Litle Sone to Jannet Forsyth in Langholme Mary Irving Spouse to William Armstrang ther,² James Greive tinker disguised womens apperall and brock open the doors after the goods ware secured in ane house George Maxwell in Langtoune in the English syde also in womens apperrall, Bessie Armstrang a Sturdie beggar Jannet Scot daughter to the said Bessie Magdallan Frazer servitrix to the said John Howname younger, Agnes Irving younger Jean Bell in Cruiks bankhead, Mary Wilsone daughter to Francis Wilsone in Langtoune Who with their accomplices to the number of thretie or fourtie more, Did beat strick and wound the saids waitters pursuars to the effusione of their blood and after the said goods ware seized upon and one horss back the same ware throwen off and taken back be them And Detained for the Space of two or thrie dayes till Eight or ten more waitters ware sent to the pursuars assistance, And till they hade the authoritie of the baillie of the regalitie of Langholme and assistance from him in the said matter By the which deeds of Injustice and violence the tacksmen of their majesties customes and the haill waittorr of the office who ware all brought from their severall posts to concurr in makeing this Seizure and recovering of the same, And Specially the saids James Irving and James Wauch have Sustained great damnage And have been brought to great trouble and expences, And Further true it is that the said John Hownam is a man of such villaneous Contrivances and practisses that he off a long tyme bygone And to this very day makes it his constant trade and studie to Imbazle goods and steall them without payment of the dutie Therby Cheating his majestie of his dues and beatts and abusses the waitters and all other publict servants, Which he with his wicked accomplices are able to master and overcome, And particullarly one the moneth of may J^aj vj^c nyntie one years upon the like account Did deforce the said James Irving and in september therafter did deforce the said Gilbert Eliot and did wound him to the great effussion of his blood and hazard of his life haveing mutulat him in one hand and gave him severall dangerous wounds in the head and he haveing procured a warrand from the Earle of Cassills when he was lately in the Countrey of […] wher this Ryot was Comitted for bringing the said John Howname prisoner to Edinburgh And quherof he haveing gott notice he has taken so much boldnes as to ryde at least with Six of Seven Shott upon him in ordinary, By all which it ³ evidently appears That the said John Houname and remanent persones above Complained upone are guilty of high and manifast Ryots injuries and oppressiones, and ought and should not only be Decerned to make payment to the said James Irving and John Wauch of the soume of […] as the value and worth of the forsaid seazure violently robed and taken back againe from the pursuars, Bot Likewayes to make payment to them of the Soume of […] for the trouble and expences they have sustained and been put to in this matter, And Further ought and should be severely punished in their 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 Compeired personally before the saids Lords of ther majesties privy Councill at ane certaine day now bygone To have answered to the grounds of the abovementioned Complaint, And to have heard and seen such ane order and Course taken theranent as appertained As in the principall letters revised in the said matter and executiones therof at more leanth is contained, The said Lybell being upon the twentie Eight day of Jully Last by past Called before the saids Lords of privy Councill And the said John Wauch and Gilbert Eliott two of the saids pursuars Compeiring personally and the haill defenders being Called and not Compeiring The Saids Lords Granted Certificatione against them And Ordained to be denunced And the same being upon the Eight day of November instant againe called in presence of the saids Lords and the pursuar Comparing personally with Mr John Meinzies their advocat, And the saids John Hownames elder and younger Compeiring also personally with Sir Robert Colt and Mr John Frank their advocats and the rest of the defenders being Called and not Compeiring The saids Lords haveing Concidered the above Lybell with the answers made therto for thee defenders both which was this day againe read in their presence, They heirby of new grant Certificatione against the haill absent defenders (⁴except Jean Eliot Spouse to the said John Howname for whom the said John Sists himself, And ordaines letters of Denunciatione to be direct to messengers at armes Commanding them to pass to the marcat cross of […] their in their majesties name and authoritie duely Lawfullie and orderly denunce the said haill absent defenders except as above excepted their majesties rebells and put them to their highnes horne, And ordaine all their moveable goods and geir to be escheat and inbrought to their highnes horne, And ordaine all their moveable goods and geir to be escheat and inbrought to their majesties use for their contemptione and Disobedience Then the saids Lords haveing heard both parties and Considered the writtes produced for either partie And the witnesses cited in the said process by vertue of a dilligence at the pursuars instance Haveing all Compeired personally and made faith at the barr except Alexander Ross in Enthorne William Brown in Rowanburnefoot and Gilbert Eliot in Ritarfoord They ordaine the said […] pursuar to give his oath of Calumnie whither or not he heas Just reason to deny that it consisted in his knowledge that ther was ane Transire granted to the saids Hownams or their servants for the barrell of Indigoe, And the Same was the indigoe seased upon by the pursuars, And ordaines the witneses Cited and Compeiring and makeing faith to be examined upon the points of the Lybell notwithstanding of the pursuars giveing his oath of Calumnie And Recomends to Sir Robert Sinclar of Stivensone and Sir Patrick Murray of Saltcoats to take the pursuars oath of Calumney and to examine these witnesses, And Reserves all objectiones which may be made against the witnesses to be proponed and Discussed before the Comittie, And the Saids Lords Haveing this day Considered the forsaid Lybell with the oath of Calumnie of John Wauch one of the pursuars and the oathes and Depositiones of the witnesses adduced for proveing of the Lybell, They Find the Lybell not proven, And Therfore Have assoylzied and heirby assoylzies the said John Hownam elder and younger and Jean Eliot from the points and articles of the same And appoints the soume of Threttie Eight pund Eight shilling scots formerly Consigned be the said John Hownames elder and younger in the hands of the Clerks of privy Councill, To remaine in their hands untill furder order.