Decreet, 31 January 1693 (pm), Edinburgh

Act, 28 December 1693, Edinburgh

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/501

Decreet

Decreet Carmicheall Against Chanclor etc.

Anent our Soveraigne Lord and Ladies letters raised at the instance of Sir James Carmicheall of Bonytoune John Lord Carmicheall Sir Daniall Carmicheall of Mouldslie and others […] Tuttors to the said Sir James for their intrests and James Lindsay, Thomas Henderson, James Purdie James Galloway John Smith, Thomas Purdie James Purdie younger Ronald Spence Adam Hendersone Adam Murray and John Henderson tenants to the said Sir James of the barronie of Thinkertoune and Sir William Lockhert their majesties solicitor for their intrest in the matter underwritten Makeand mentione That quher albeit by the uncontraverted law and2 Custome of this and all other weell governed kingdomes The Illegall incroaching upon any mans property Cutting destroying and Carieing a way of their cornes be open violence and bangstrie by a Convocation of armed men under Cloud and sillence of night Be crymes of ane high Nature and severly punishable nevertheless it is of veritie that the said Sir James Carmicheall his predecessors and authurs haveing past all memorie peaceably possest the lands and barronie of Thinkertoun Lying upon the north syde of the River of Clyde And the said River haveing some years since by a violent and Impetuous interuption altered its ancient Course and run doune through the pursuars Lands of Thinkertoune Ther fell therby a Considerable part of the lands of Thinkertoune to be, Upon the South syde of the said River, And which allwayes was and as yett is called the Holme of Thinkertoune And quherof the pursuars and his predecessors and the tennants continued the possession, notwithstanding that the Course of the watter was altered by the said violent inruptione in maner forsaid And the said Sir James his father in the year Jaj vjc Eightie Eight Did by himself and his tennents cause toill and sow a great part therof, And did peacably reap the cornes that grew upon the samen yet true It is That James Chanclor of Steillhill and George Kello in Quodqoon John Penman ther George Archibald ther Thomas Rodger ther Robert Glassgow ther, Robert Gray ther Thomas Simervell ther James Simervell ther and John Simervell ther with severall other of their accomplices to the number of Fourscore persones or therby haveing resolved to take advantadge of the said Sir James his infancie and by open Bangstrie and violence to turne him and his tennants out of his Just right and possession They did upon the […] day of Jully last by past or ane or other of the dayes of the said moneth Convocat themselves togither in ane most rude and tumultary maner and came togither all armed with pickforks, great Staffs Sythes pistolls Swords and massive Dogs and such other instruments towards the said Sir James his lands of the Holme of Thinkertoune and ther did in one most Cruell Barbareous and inhumane maner cutt doune and destroy the wholl grouth of Fourtein bolls sowing of corne of therby a great part quherof they caried home to their horsses and Cattell and threw the rest upon the Dunghills By quhich the said cornes which would have yeilded at least, Ane hundred bolls oats at Eight punds scots the boll ware rendered altogither useless aither for man or beast, And which demonstrats the greatest Designe of malice and prejudice in the persones Complained upon that can be Imagined Lykeas the said James Chancelor Did cause severall armed men stand as centinall at the doors of James Smith Alexander Dicksone tenants to the Laird of Carnwath and keeped them as closs prisoners within their oun houses ay and whill his malice and Ryot was effectuat and compleated for fear they should have acquanted the Lord Carmichell or any other of the said Sir James his tutors which if acquanted would certainely have stoped him Since the Committing of such Illegall oppressione By Doeing quherof the said James Chancelor of Steillhill and the other persons Complained upon are guiltie of ane open and manifast Ryot violence and oppression Comitted by them upon the said Sir James and his tennants of the barronie of Thinkertoun And Therfore they ought not only to be Decerned to make payment to the said Sir James of the soume of Eight Hundred punds Scots as the pryce and value of the cornes so barbarously and inhumanely cutt doun Destroyed and caried away be them Bot likewayes to be Otherwayes severly punished in their persones and goods to the terror of others to doe and Comitt the like in tyme comeing And Anent the charge given in to the saids defenders To have Compeired personally before the saids Lords at ane Certain day bygone To have answered to the ground of the above written Complaint And to have heard and seen such order and Course taken theranent as the Saids Lords should think fitt as the said Lybell and executiones therof at more leanth bears Which Lybell with the Lybell of reconventione at the instance of the defenders against the pursuars being called in presence of the saids Lords of privy Councill And the said Lord Carmicheall tutor to the said Sir James Carmicheall of Bonytoune And the3 Sir James Lindsey Thomas and Adam Andersones and James and Thomas Purdies pursuares Compeiring personally And the rest of the pursuars being absent and Sir David Thores Sir Robert Colt and Daniall Lockhart Compeiring as advocats for the haill pursuars, And the haill defenders except Thomas Rodger and Robert Gray Compeiring also personally and Sir Patrick Home Compeiring as advocats for the saids haill4 defenders And the saids Lords of their majesties privy Councill haveing heard both Lybells with answers to the Lybell of reconventione Read and both parties procurators fully debate in their presence The saids Lords Fand both Lybells relevant and admitted the same to respective parties probatione And the haill witnesses cited for both parties haveing Compaired personally and made faith at the barr (except one witnes) The saids Lords appointed a Committie of their oun number to examine the saids witnesses And Reserved the Objectiones which might be made against them to be proponed and Discussed before the said Committie Conforme to quhich reference aither partie adduced Severall witnesses before the Committie Deponed and Declared Conforme to their Depositiones extant in proces And the said cause being this day againe called in presence of the Lords And they haveing Considered both the principall Lybell and Lybell of reconventione with the depositiones of the witnesses adduced upon both these Lybells They Find that the probation of Possession of the peice of ground of Lands contraverted is more pregnant for the tenants of Thankertoune which belongs to the pursuar of the principall Cause, then for the tennants of Quodquan which belongs to the defender And Finds it Sufficiantly proven that the defendars are guilty of a Ryot And Therfore Fynes the said James Chancelor of Steillhill in the Soume of Thrie hundred merks And apoints him to make payment of the Same to the said Sir James Carmicheall of Boningtoune and his tutors pursuars in the principall Lybell And Ordaines letters one Fiftein dayes and others neidfull to pass heirupon in forme as effeirs.

Edinburgh the Threttie one day of January Jaj vjc nyntie thrie years. Post meridiem

D1693/1/501

Decreet

Decreet Carmicheall Against Chanclor etc.

Anent our Soveraigne Lord and Ladies letters raised at the instance of Sir James Carmicheall of Bonytoune John Lord Carmicheall Sir Daniall Carmicheall of Mouldslie and others […] Tuttors to the said Sir James for their intrests and James Lindsay, Thomas Henderson, James Purdie James Galloway John Smith, Thomas Purdie James Purdie younger Ronald Spence Adam Hendersone Adam Murray and John Henderson tenants to the said Sir James of the barronie of Thinkertoune and Sir William Lockhert their majesties solicitor for their intrest in the matter underwritten Makeand mentione That quher albeit by the uncontraverted law and2 Custome of this and all other weell governed kingdomes The Illegall incroaching upon any mans property Cutting destroying and Carieing a way of their cornes be open violence and bangstrie by a Convocation of armed men under Cloud and sillence of night Be crymes of ane high Nature and severly punishable nevertheless it is of veritie that the said Sir James Carmicheall his predecessors and authurs haveing past all memorie peaceably possest the lands and barronie of Thinkertoun Lying upon the north syde of the River of Clyde And the said River haveing some years since by a violent and Impetuous interuption altered its ancient Course and run doune through the pursuars Lands of Thinkertoune Ther fell therby a Considerable part of the lands of Thinkertoune to be, Upon the South syde of the said River, And which allwayes was and as yett is called the Holme of Thinkertoune And quherof the pursuars and his predecessors and the tennants continued the possession, notwithstanding that the Course of the watter was altered by the said violent inruptione in maner forsaid And the said Sir James his father in the year Jaj vjc Eightie Eight Did by himself and his tennents cause toill and sow a great part therof, And did peacably reap the cornes that grew upon the samen yet true It is That James Chanclor of Steillhill and George Kello in Quodqoon John Penman ther George Archibald ther Thomas Rodger ther Robert Glassgow ther, Robert Gray ther Thomas Simervell ther James Simervell ther and John Simervell ther with severall other of their accomplices to the number of Fourscore persones or therby haveing resolved to take advantadge of the said Sir James his infancie and by open Bangstrie and violence to turne him and his tennants out of his Just right and possession They did upon the […] day of Jully last by past or ane or other of the dayes of the said moneth Convocat themselves togither in ane most rude and tumultary maner and came togither all armed with pickforks, great Staffs Sythes pistolls Swords and massive Dogs and such other instruments towards the said Sir James his lands of the Holme of Thinkertoune and ther did in one most Cruell Barbareous and inhumane maner cutt doune and destroy the wholl grouth of Fourtein bolls sowing of corne of therby a great part quherof they caried home to their horsses and Cattell and threw the rest upon the Dunghills By quhich the said cornes which would have yeilded at least, Ane hundred bolls oats at Eight punds scots the boll ware rendered altogither useless aither for man or beast, And which demonstrats the greatest Designe of malice and prejudice in the persones Complained upon that can be Imagined Lykeas the said James Chancelor Did cause severall armed men stand as centinall at the doors of James Smith Alexander Dicksone tenants to the Laird of Carnwath and keeped them as closs prisoners within their oun houses ay and whill his malice and Ryot was effectuat and compleated for fear they should have acquanted the Lord Carmichell or any other of the said Sir James his tutors which if acquanted would certainely have stoped him Since the Committing of such Illegall oppressione By Doeing quherof the said James Chancelor of Steillhill and the other persons Complained upon are guiltie of ane open and manifast Ryot violence and oppression Comitted by them upon the said Sir James and his tennants of the barronie of Thinkertoun And Therfore they ought not only to be Decerned to make payment to the said Sir James of the soume of Eight Hundred punds Scots as the pryce and value of the cornes so barbarously and inhumanely cutt doun Destroyed and caried away be them Bot likewayes to be Otherwayes severly punished in their persones and goods to the terror of others to doe and Comitt the like in tyme comeing And Anent the charge given in to the saids defenders To have Compeired personally before the saids Lords at ane Certain day bygone To have answered to the ground of the above written Complaint And to have heard and seen such order and Course taken theranent as the Saids Lords should think fitt as the said Lybell and executiones therof at more leanth bears Which Lybell with the Lybell of reconventione at the instance of the defenders against the pursuars being called in presence of the saids Lords of privy Councill And the said Lord Carmicheall tutor to the said Sir James Carmicheall of Bonytoune And the3 Sir James Lindsey Thomas and Adam Andersones and James and Thomas Purdies pursuares Compeiring personally And the rest of the pursuars being absent and Sir David Thores Sir Robert Colt and Daniall Lockhart Compeiring as advocats for the haill pursuars, And the haill defenders except Thomas Rodger and Robert Gray Compeiring also personally and Sir Patrick Home Compeiring as advocats for the saids haill4 defenders And the saids Lords of their majesties privy Councill haveing heard both Lybells with answers to the Lybell of reconventione Read and both parties procurators fully debate in their presence The saids Lords Fand both Lybells relevant and admitted the same to respective parties probatione And the haill witnesses cited for both parties haveing Compaired personally and made faith at the barr (except one witnes) The saids Lords appointed a Committie of their oun number to examine the saids witnesses And Reserved the Objectiones which might be made against them to be proponed and Discussed before the said Committie Conforme to quhich reference aither partie adduced Severall witnesses before the Committie Deponed and Declared Conforme to their Depositiones extant in proces And the said cause being this day againe called in presence of the Lords And they haveing Considered both the principall Lybell and Lybell of reconventione with the depositiones of the witnesses adduced upon both these Lybells They Find that the probation of Possession of the peice of ground of Lands contraverted is more pregnant for the tenants of Thankertoune which belongs to the pursuar of the principall Cause, then for the tennants of Quodquan which belongs to the defender And Finds it Sufficiantly proven that the defendars are guilty of a Ryot And Therfore Fynes the said James Chancelor of Steillhill in the Soume of Thrie hundred merks And apoints him to make payment of the Same to the said Sir James Carmicheall of Boningtoune and his tutors pursuars in the principall Lybell And Ordaines letters one Fiftein dayes and others neidfull to pass heirupon in forme as effeirs.

1. NRS, PC2/24, 172v-174r.

2. The word ‘of’ scored out here.

3. The word ‘saids’ scored out here.

4. Insertion.

1. NRS, PC2/24, 172v-174r.

2. The word ‘of’ scored out here.

3. The word ‘saids’ scored out here.

4. Insertion.