Act, 27 December 1694, Edinburgh

Edinburgh the Fourth day of January J^aj vj^c nyntie four

D1694/1/5

D1694/1/5¹

Decreet

Decreet Hoge Against The Baillies of Faulkland

Anent the Lybell or Complaint raised and pursued before the Lords of their majesties privy Councill be John Hoge merchant in Freuchie And Sir James Stewart ther majesties advocat for ther highnes intrest in the matter underwritten That albeit by the Lawes and constitutione of all weell Governed nationes and by the lawes and acts of parliament of this natione the oppressing of any of their majesties free leidges Especially wher the samen is done under pretence of Law, And persones pretending themselves to be magistrats and the Imposing upon them extraordinary and extravagant fynes and mulks farr beyond the lawes prescryved by the act of parliament to inferior Courts and the Imprisoneing his majesties leidges for not paying these unjust and exorbitant fynes after they have extorted bonds from them for the same, att the giveing of which bond the magistrats solemnly promising never to doe executione theron Bot only pretending it was to preserve their priviledge And positively ingadging to deliver it back without exacting any part of the Soume therin, nevertheless It is of verity that Walter Bowstoune baillie in Faulkland John Milne thesaurer alias Wilsone, William Gall procurator phiscall of the baillie Court ther Archibald Bryde elder and Robert Bryde younger and James Hendersone all Councillors of the said burgh pretending that the pursuer did make use of ane Elvine in the publict fair which Elvine was longer as they alledged then their publict gadge did apprehend his persones occasionally in their toune upon the Fourth of november last and Caused Carie him to their Tolbooth, and ther amerciat him in one fyne of six hundred punds scots, and keeped him prisoner till he should pay the fyne or find sovertie for the payment therof, And the said pursuer being surprized with these oppressing methods did offer to come in their will, They haveing first given him assurance, That albeit he granted bond and Found Cautione the toune would exact nothing of the soume in the bond, But would give back the same before he went out of the toune only they would preserve their priviledges and vindicat their Justice in punishing such debits The said pursuer relying upon this assurance and haveing Confidence in the Justice and freendship of the baillie and toune Councill of Faulkland haveing lived for twentie years and upwards in the same parish with them in a nighbourly Correspondance and freendship was induced to Subscryve a bond and found James Windrame Litster if Faulkland one of their Councellors Cautioner which bond was subscryved by the said pursuer as he designed of purpose only to please and Complement the magistrats And the said pursuer Confideing in the honesty and ingenuity of the magistrats Did not hear the bond read the time of Subscryveing And knew nothing of the Soume insert in the bond, The said baillie and toune Councill pretending that other Company and Bussines did take them up at that time delayed to give up the bond to the said pursuer at that time albeit their Clerk did in their name, and their presence For which no doubt he hade their warrand promised to give back the same, And the pursuer haveing therafter made applicatione to the magistrats for geting up the bond according to their Condescendance They did in a most Illegall and oppressing maner put the said John in prisone untill the toune Clerk became sovertie the second time That the said pursuer should present himself to them within Eight dayes, And accordingly the said pursuer did present himself and brought letters ² to them from the magistrats and toun Councill of Couper quherof he is burges and Gild brother notwithstanding of all which They threatned the said pursuer with Imprisonment the thrid time so that he cannot be in safity within their bounds and Jurisdictione without Manifast violence and oppressione offered to him and exercised against him By all which It may evidently appear to the Lords of their majesties privy Councill That the saids magistrats and toune Councill of Faulkland are guilty trait of Oppressione and reiterated acts of Imprisonment quherof they and every one of them are actors airt and part, And therfore they ought and should be Decerned not only to deliver back to the pursuer the forsaid bond wrongeously extorted from him as said is, Bot likewayes to make payment to him of the Soume of […] For the damnadge and expenses sustained be him through the forsaid Ryot repeated wrongeous Imprisonment and oppression And ought and should be otherwayes punished in their persones and goods to the terror of others to Commit the like in time comeing And Anent the Charge given to the said defenders To have Compeired before the said Lords this day To have answered to the points of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just. as the principall Lybell And Complaint and executiones therof at more leanth bears, And the said Lybell being this day Called in presence of the Lords of their majesties privy Councill, And the pursuer Compeiring personally with Mr William Hoge and Mr John Buchan his advocats And the haill defenders Compeiring alsoe personally Except William Ballingall with Sir James Ogilvie and Mr Hew Dalrymple advocats for the haill defenders Both parties advocats being fully heard, And the saids Lords haveing Considered the libell with the answers made therto for the defenders with the pursuers Judiciall Declaratione before the baillie of Faulkland and the baillies sentance and James Windrames inactment as Cautioner for the pursuer They Find that the fine of six Hundred punds scots Imposed by the baillies of Faulkland upon the pursuer is exorbitant And Therfore they restrict the said fyne to the soume of ane hundred punds scots and Ordaines the baillies of Faulkland and their Clerk upon payment of the said one hundred punds scots to deliver up to the pursuer the bond granted be him and his Cautioner for the six hundred punds with ane Discharge therof And assoylzies the haill defenders from the points and articles of the said lybell except as is above Decerned And ordaines letters of horning on fiftein dayes and all other executione necessary to pass heir upon in forme as effeirs.