Decreet, 29 December 1698, Edinburgh

Att Edinburgh the twentie fifth day of Janwary J^aj vi^c nyntie eight yeirs

D1698/1/22

D1698/1/22¹

Decreet

Certification Lias Against Brux

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Cownsell at the instance of John Lias in Cwshlachie with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wher by the comowne Law The Lawes of this and all other well governed nationes the violent dispossessing of any of our Leidges without any grownd or Shaddow of Law and the binding and tying of ther hands and tortering and tormenting of them while bownd in Vault and dwngeons to the hazard of ther Lives and keeping them therin untill they condescend by force to renunce ther interests in the oppressiones favoures and the extorting of bonds and other obligationes from the persons so oppressed Be all Crimes of a high nature (Especiallie wher the same is done by ministers and preachers of the Gospell) and ought to be severly pwnished Nevertheles It is of veritie That the said John Lias Complainer haveing had in tack from The Laird of Brux ane piece of grownd called Cwshlachie and being injured by Mr Robert Irving minister of Towie in his tack Because he was prospering in the same was still threatening to cause Brux dispossess the said Complainer of his tack designing to affright and terrifie him therby apprehending to obleidge the said Complainer to pass from his tack in his favoures But the said Complainer Still continweing in his tack and wnwilling to pass from the Same to the said Mr Robert Irvine did upon the […] day of febrwary J^aj vi^c nyntie thrie or ane or other of the dayes or other of the moneths of the said yeir called for a Sight of the said Complainers assedatione and he owt of his Simplicitie Gave the said Mr Robert Irvine his assedatione in his hands not thinking that a persone of his character and office would be gwiltie of any base or wnjust thing to one of his parochiners yet the said Mr Robert Irvine nor regairding his own duetie and qwalitie did teare the Same in peices and then threatned violentlie to throw the said Complainer owt of his possessione And accordingly upon the eight day of May J^aj vi^c nyntie thrie yeirs or ane or other of the dayes of the said moneth Caused men divide the said Complainers Land appointing one half for himself and violently at his own hand entered to the possessione of the said Complainers Lands by grassing of his Cattell all that Summer upon his grass and did most wnjustly and wnchristeanly pull downe two of the said Complainers houses on the twentie Second day of Jwllie the said yeir And not being yet Satisfied with what wnjustice and illegall methods he had taken in dispossessing of the said Complainer to his wtter rwine did upon the twentie fifth day of March J^aj vi^c nyntie four yeirs Come with Roderick Forbess younger of Brwx being instigat by the said Mr Robert Irvine while the said Complainer was Sowing his Land the said Mr Robert Irvine laying aside all fear of God and regaird for his own office and charge did with the said Roderick Forbes apprehend the said Complainer while Sowing as said is and tying his hands behind his back brought him off the grownd so tyed and bownd and caryed him prisoner Like a malefactor to the said Mr Robert Irvine his house and ther detaned him dureing which tyme they being about drawing the papers that they were force the said Complainer wnjustly to Subsribe he did endeavoure to Shake his hands Lowse of ther bonds But the said Mr Robert Irvine Came and ordered the Cords that tyed the said Complainers hands to be more severly drawen which accordingly was done And the said Complainer detained in that conditione till he was almost dead and therby forced to Subscribe a renunceatione of his said tack and also a dispositione to the seed he had sowen All which the said Complainer was obleidged to doe otheruise he had bein Stiffled in the cords with which he was tyed By all which It may evidentlie appear to the Lords of our privie Cowncell that the said Mr Robert Irvine is gwiltie of the crymes foirsaids And therfore ought and Should be decerned to pay the Soume of […] for the damnadges and also ought to be deprived of his office In respect he is not qwalified according to Law And yet continwes to preach And he and the Said Roderick Forbess ought and Should be otherwise pwnished in ther persones and goods to the terror of others to Committ the lyke in any tyme comeing And anent the charge given to the saids defenders to have Compeared personallie befor the Saids Lords of his majesties privie Cownsell at ane certaine day now bypast wnder the paine of rebellione etc As in the principall Lybell or Letters of Complaint with the executiones therof at more Lenth is Contained Which lybell or Letters of complaint being this day called in presence of the Saids Lords of his majesties privie Cownsell And the persewer Compearing personallie with Mr David Dalrimple his Advocat And the defenders being Laufullie cited oft tymes called and not Compeareing The Saids Lords doe heirby Grant Certificatione against the saids defenders in respect of ther absence and not Compearance And ordaines Letters of certificatione to be direct heiron Commanding messengers at armes to pass to the mercat cross of […] And other places neidfull and ther in his majesties name and authoritie duely Laufullie and orderly denunce the saids Mr Robert Irvine and Roderick Forbes his majesties rebells and pwtt them to his highnes horne And to ordaine all ther moveable goods and geir to be escheat and inbrought to his majesties wse for ther contempt and disobedience.