Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twentie third day of Janwary J^aj vi^c nyntie Six yeirs

D1696/1/34

D1696/1/34¹

Decreet

Letters of denunceatione Mcaw Against Hamiltowne

William by the grace of God King of great Brittaine France and Ireland defender of the faith To […] Macers of our privie Cownsell messengers at armes out Shirreffs in that pairt conjunctlly and severallie speciallie constitut greeting Forasmuchas Anent the lybell or complaint raised and perswed befor the Lords of our privie Cownsell at the instance of William Mcaw Late tenent in Trochen with concurse of Sir James Stewart our Advocat for our interest in the mater wnderwritten Mentioning That wher albeit by the Lawes and Staitutes of this and all other well governed nationes The invadeing of any mans propertie and violent intrudeing upon his possessione And the maisterfull Spwillzeaing wrongows intromissioen with his cornes the invadeing of his house takeing and carying away of his plenishing and the wrongows imprisonement of our Leidges are contrairie to the Severall ² Lawes and acts of parliament made theranent And are deeds of high oppressione and severely pwnishable, Yet nevertheles and trwe it is that upon the fourth day of October J^aj vi^c eightie four yeirs or upon ane or other of the dayes of the said moneth and yeir foirsaid Mr Alexander Stevensone writer to our Signet being then chamberland to The Countess Dowager of Cassills to whom the complainer was tenent came to the grownds of the Lands possessed be him And ther without any Legall title warrand or order of Law The said Mr Alexander and George Andersone merchand in Air his Substitute caused Shear what of the complainers cornes was wnshoarne Leiveing more then the feed upon the grownd wncutt Downe And therefter did dispose of and cary away the rest of that yeirs cropt which was in the barne and barne yeard without aither casting to proof or compriseing the Same And which cropt would have extended to more then sevenscore bolls of victuall which at […] per boll Extends to the Soume of […] Scotts money And furder The said Mr Alexander and his said Substitut in the foirsaid illegall way cawsed cary and drive away from off the ground of the saids Lands then possessed be the complainer his cattell horse nolt Sheepe And ane great qwantitie of wnmed and Staked Hay And not Satisfied with all this oppressione And wnjustice He the said Mr Alexander and his Substitute Did about two or thrie dayes efter the terme of Mertimes J^aj vi^c eightie four send and hwnd out severall Lowse persones who did cast the complainer owt of his house and putt out his fyre and left none therin bwt his old mother who not Long efter Died for cold and Hwnger Disposeing of all that was in the house at ther pleasure and who imediatly efter his ejectione The said Mr Alexander gave order and warrand to one John Mcgrwger now in the paroch of Dallrimple to possess the rowme and Lands possessed by the complainer And to intromett with the goods and others left wndisposed of by Mr Alexander and his order and so putt out and tooke in tenents and gave power to them to Laboure that grownd and Lands with what of the complainers goods and others not disposed of as said is By the which Deeds of oppressione and violent intromissione the complainer is prejudged and Damnified in Thrie thousand four Hundereth and fiftie nyn pwnds fourtein Shilling Scotts of planishing and others conforme to ane particular accompt repeated as a pairt brevitatis cawsa And the said substitut still incressing in ther malice most growndlesslie against the complainer did in the Late government informe against him and cawsed him to be imprisoned for some church disorders And efter he had lyen in prisone for the Space of twentie two moneths in a most sarveing³ and misereable conditione Least he Should be Sett at Libertie he the said Mr Alexander procured ane assignatione to ane debt owing be the complainer to Robert Dick in Crafurdstowne and therupon caused arreast him in prisone And when the complainer had gott owt of prisone he came to the said Mr Alexander and Sowght Something of his own to keep in his life He threatned the complainer with the theeves hole And haveing for his then church irregularities in caice he Should aither trouble Mr Alexander or represent his wnjustice and crweltie And haveing raised ane lybell befor The Lords of our privie Counsell Against the said Mr Alexander for the severall deeds of oppressione and others above uritten He owt of malice Did raise new Letters Captione and therupon cawsed incarcerat the complainer in the tollbwith of Cannongaite wher he remained from the twentie seventh of Apprile to the twentie eight of Jwlly J^aj vi^c nyntie two yeirs in a most straleing and desperat conditione thinking therto to force the complainer to desist from insisting in any proces against him And actuallie by the foirsaid Long imprisonement the foirsaid first lybell raised is become ineffectwall The Dyet of compeirance being elapsed while he was Lying in prisone And Soe altogither owt of caice to prosecute the Same Lykeas Robert Hamiltowne in Maybole present chamberland to the said Cowntess Dowager of Cassills as come in the place of the said Mr Alexander Stevensone is lyable to make compt reckning and payment to the complainer of what goods was left be the said Mr Alexander upon the grownd not intrometted with by him Conforme to Mr Stevensones Letter theranent Wherby the Saids Mr Alexander Stevensone and George Andersone his Substitut are gwiltie of ane most high and manifest oppressione against all Law And Justice And owght and Should not only be decerned to make payment to the complainer of the Said Sowme of Thrie Thowsand four hundereth and fiftie nyn punds fourtein Shilling Scotts as the price of the goods and others foirsaids wrongousely intrometted with and away taken be them without any title or collour of Law But Likewayes owght to be decerned to make payment to the said complainer of Swch a Sowme as The Lords of our privie Cownsell Shall modifie And the said Robert Hamiltowne owght also to be Decerned to make payment compt and reckning to the said complainer of his intromissiones foirsaid And also Severely pwnished in ther persones and goods to the terror of others to comitt the lyke in tyme comeing And Anent the charge given to the haill forenamed persones defenders to have compeared personallie befor the saids Lords of privie Counsell and to have ansuered to the foirsaid complaint and to have heard and sein Such order and course taken theranent as the saids Lords Should think fitt wnder the paine of rebellione and putting of them to the horne etc As in the principall Letters or lybell raised in the said mater and executiones therof at more length contained The which lybell being called upon the day and date of thir presents in presence of the saids Lords of privie Cownsell And the persewar compeareing personallie And the Defenders viz Mr Alexander Stevensone Robert Hamiltowne George Andersone and George Mcfruther being all Laufullie cited oft tymes called and not compeareing The saids Lords of our privie Counsell did grant certificatione against the Defenders in respect of ther absence except the said Mr Alexander Stevensone who is dead And ordained thir our Letters of Denunceatione to be Direct in maner and to the effect wnderwritten Our will is Herefore and wee charge yow Strictly and comand that ye pass to the mercat croce of […] and other places needfull And ther in his majesties name and authoritie Dwely Laufullie and orderly denunce The Saids Robert Hamiltowne George Andersone and George Mcgriger his majesties rebells and putt them to his highness horne And ordaine all ther moveable goods and geir to be escheat and inbrought to his majesties wse for ther contempt and disobedience