Act, 6 October 1697, Edinburgh

Att Edinburgh the third day of Augwst J^aj vi^c nyntie seven years

D1697/8/2

D1697/8/2¹

Decreet

[Decreet and Judgement Samuel Maxwell and others]

Anent the lybell or Letters of complaint raised and persewed before the Lords of his majesties privie Counsell at the instance of John Mcqween in Awchingurne and Thomas Mckay in Whitehill with Concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater under written Making Mentione That wher by the Lawes and acts of parliament of this and all other well governed kingdomes and nations the violent robbing Spwillzeing and away takeing of mens goods and gear without any warrand or patent in Law whatsoemever And also the violent away takeing therof Are crymes Severely pwnishable Especiallie wher the Same Is Done by persones in power and trwst wnder ws and whose Dwetie it is to defend the Leidges from all Swch oppressiones And against whom poor and mean people can expect no redress without applicatione to the Lords of our privie Cownsell or other Supream Judicatories Nevertheles It is of veritie that Samwell Maxwell of Newlaw James Lidderdale of Saint Mary Isk Andrew Corsand of Ballnagan Thomas Alexander in Comiestowne John Greirsone of Dallskarth John Ewart of Mullock and Edward Cairnes of Torr Commissioners of the Supplie within the Stewartrie of Kirkcudbright contraire to all Law and pretence therto or without soe much as ordaineing the said Complainer to be cited before them did give ane warrand and Commissione to pound away take and Dispose upon […] Goods upon the pretence as is informed that Charles Murray of Barnhorne maister of the Complainer had bein Cawtioner for the deceast William Maxwell of Newlaw and John Mcknawght writer in Drumfreise Collectors of our Supply and in prosecutione of the foirsaid most wnjust and wicked order and Commissione Serjeant William Willsone and Serjeant Andrew Rutherfurd in Kirkcudbright with a great many of ther accomplices by ther order advice assistance and ratihabitione being holdin in a hostile maner with gwns swards pistolls and other invasive weapons did upone one or other of the dayes of May Last the first Second or one or other of the dayes of Jwne instant most maisterfullie and wrongfullie seaze upon and by force Dryve ane ox and ane milk Cow worth threttie Six pund per peice and dispose therupon at ther pleasure the milk of which Cow was the greatest mean and help of Liveliehood for alimenting and mentaineing of the said Complainers Self his wife and five childerine that are yowng and throw want therof they are almost at the point of Starveing And Therfore the saids Commissioners of Supplie and Serjeants Willsone and Rutherfurd ought and Should be decerned to pay to the said Complainer the Soume of Ane Thowsand merks for the price of the said ox and Cow and the Dammadge that he and his poor familie his Sustained throw want therof And otherwayes pwnished in ther persones and goods to the example and terror of others to doe the lyke in tyme comeing And Anent the charge given to the saids defenders to have Compeared personallie befoir the saids Lords of privie Counsell at ane certane day now by past to have answered to the grownds of the above Complaint And to have heared and Sein Such order and Course taken theranent As the saids Lords Should think fitt 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 being upon the threttein day of Jwllie Last by past called in presence of The Saids Lords of privie Counsell And the said John Mcqween ane of the persewars Compeareing personallie with Mr David Dowglas his Advocat and Thomas Mckay the other persewar being oft tymes called and not Compeareing And the said John Greirsone of Dalscarth one of the defenders Compeareing personallie with Mr Alexander Fergwsone his advocat And the haill remanent defenders being all Laufullie cited oft tymes called and not Compeareing The saids Lords granted certificatione against the said Samwell Maxwell of Newlaw Andrew Corsane of Ballmangon Thomas Alexander in Comiestowne John Eward of Mwllock and Edward Cairnes of Torr And ordained Letters of Denunciatione to be directed against them And the wittnesses being all Laufullie cited oft tymes called and not Compeareing The saids Lords granted furder dilligence by Captione against them And appointed a Comitie of ther own number for examineing the saids wittnesses And in the mean tyme ordained the pairtie (if any were) qwartered upon the saids persewars instantly to remove and that without payment of any qwartering money or rideing money untill the event of this process Which Comitie haveing accordinglie met and examined diverse and sundrie famows witnesses who being all solemnlie sworne and examined deponed and Declaired As ther oathes and depositiones extant inprocess bears And the said process being this day advised by the saids Lords And they haveing Considered the lybell with the depositiones of the wittnesses Addwced and writes prodwced for proveing therof They heirby find the lybell Sufficiently proven And decernes and ordains Samwell Maxwell of Newtowne Andrew Corsane of Ballmangone Thomas Alexander in Comiestowne John Greirsone of Dalscarth John Ewart of Mwllock and Edward Cairns of Torr to make payment to John Mcqween persewar of the Sowme of Fifftein punds for the price of the Cow lybelled and of Ten punds for the price of the ox lybelled And to make payment to the said John Mcqween of the Sowme of Two Hundereth punds Scotts by and attour the prices of the beasts for coast Skaith and damnadge Sustained by him in this affaire And ordaines Letters of horneing on fiftein dayes wnder the Signet of Counsell to be direct heirupon in forme as effeirs