Act, 27 December 1694, Edinburgh

Edinburgh the Twentie fifth day of January J^aj vj^c nyntie four years

D1694/1/23

D1694/1/23¹

Decreet

Decreet James Stewart Against Mr John Chrightone

Anent the Lybell or Complaint pursued befor the Lords of their majesties privy Councill at the instance of James Stewart tennent in Seatton partie grewed with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten mentioning That albeit by the Lawes and Constitutiones of all weell governed nations and more especially by the Lawes and acts of parliament of this kingdome the intruding into any mans possessione and the violent ejecting of him furth of his lands and houses, And Spulzieing of his goods and plenishing within the Same, And the giveing advyce or Command to doe the samen Be Crymes of a high natur and severly punishable, And by the thretie nynth act parliament sixt of Queen Mary The methods of Warning and removeing of tenants is sett doune and prescryved in order to prevent such Illegall ejectiones nevertheless It is of verity that the pursuers deceast father and his predecessors havieng alse kindly tennants possest four aiker of Land with a dwalling house and office houses belonging to the same pertaineing heritabally to the Earle of Wintoune, And the pursuer himself haveing possest the said aikers house and office houses therof be the space of two years or therby since his fathers decease, And duely payed the rent of the same to the Commissioners for manadging the Earle of Wintounes estate yet upon Frayday the sixteinth day of June instant betwixt thrie and four of the Cloack in the morning John Wright indwaller in seatton late Groom to the said Earle of Wintoun accompanied with George Douglas and James Maleing officers Did come to the ground of the saids aikers and houses, And upon pretence of a warrand most wrongeously and unjustly given by Mr John Chrichtone sometime Captaine under the late King James and now the sole Commissioner Who manadges the Earle of Wintounes estae without any Decreet of removeing or other warrand, or order of Law, They with severall others their accomplices, did most summerly Illegall and violently turne out and dispossess the pursuer his wife, Cheldrein² servants and familly out of the saids four aikers of Land, house and office houses therof, and did most Crueally thrust his wife and thrie small Childrein to the doors of the said house and did maligne and reproach her with severall base, unworthie and scurillous expressiones and did throw out his goods and plenishing to the open feilds and streets to the value of Two Hundred merks or therby And Therafter caused naill fast the doors of the said house and Caused Lock up his barne door wherin the pleugh graith instruments of Labouring and others were Lyeing and after Locking of the door Caried away the key of the Same, Wherby it will evidently appear that the persones above Complained upon were guilty of ane manifast ryot injurie and oppression And Therfore the said Mr John Chrichtoune Granter of the forsaid unwarrantable order, And the said John Wright at whose instance or for whose behoove the same was obtained And the saids George Douglas and James Mailling executers of the same and other Complices Ought and should not only be Decerned be Decreet of the saids Lords to re-enter and repossess the said pursuer to the said four aikers of Land dwalling houses and office houses therof, in the same caise he was in, the time that he was violently and Illegally ejected furth therof as said is, Bot alsoe They ought and should be Decerned to make payment to the pursuer of the said soume of Two Hundred merks as the worth and value of his houshold plenishing destroyed be the pursuer in the said matter, And Findes they Ought and should be severly punished in their persones and goods to the terror of others to Comitt the like in time comeing And Anent The Charge given in to haill fornamed persones defenders To have Compeired before the saids Lords at ane certaine day now bygone To have answered to the grounds of the above Complaint And to have heard and seen Decreet pronunced therin in maner abovewritten and Likwayes to have heard and seen such order and Course taken theranent as appertaines.