Warrant, 31 December 1695, Edinburgh

Edinburgh Thursday the 8th August 1695

D1695/8/23

D1695/8/23¹

Decreet

Decreet Blaickwood against Kennedy of Girvin-Maynes

Anent the letters or Complaint raised and pursued before the Lords of his majesties privy Councill at the instance of Robert Blaikwood merchant and late baillie of Edinburgh with Concourse of Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Mentioning That wher by the Lawes of this and all other weell Governed nationes and particularly by the lawes and acts of parliament of this kingdome, The violent intrudeing of any person and Continueing in the possession of houses and yeards and Cuting of planting about the Same without any legall title and after they are legally denuded therof Be Crimes of ane high and Severly punishable Nevertheless It is of verity that the said pursuer haveing purchased the Lands of the estate of Girvan-Maynes be vertue of ane roup and Decreet of Sale of the said Estate before the Lords of Councill and Session upon the Twelth day of Jully J^aj vi^c Nyntie four years and found Securitie for the pryce therof, Yet Sir Gilbert Kennedy eldest Lawfull Sone to the deceast Sir John Kennedy of Girvanmaynes Contrare to all Law equitie and Justice Still Continues in the violent possession of the houss of Dalquharn and yeards therof And the said Sir Gilbert Kenedy and Charles Gordon of Breicke husband to Dame Margaret Kennedy relict of the said Sir John Kennedy and Qwintine Gibson at Drumochrin Wood Cutter, Cutts doune the tries of the said estate of Girvan Maynes and other planting growing about the said house of Dalquharne and yeards therof, And Therfore the said Sir Gilbert Kennedy not only ought and Should be Decerned to flitt and remove from his violent possession of the said house and yeards But likwayes he and the other persones above named to be punished in their persones and goods to the terror of others to Comitt the like in time comeing And Anent the Charge given to the saids defenders To have Compeired personally before the saids Lords at ane Certain day now bygone To have answered to the said Complaint And to have heard and seen such order and Course taken theranent as appertaines Under the paine of Rebellion and putting of them to the horne with Certification etc As in the principall Lybell or Letters of Complaint raised in the said matter with the executiones therof at more length is Contained Whilk Lybell having bein this day Called in presence of the saids Lords of his Majesties privy Councill, And the pursuers Compeiring personally with Sir James Ogilvie and Mr David Cunningham his Advocats, And the said Sir Gilbert Kennedy and Charles Gordon two of the defenders Compeairing personally with Sir James Stewart his Majesties Advocat and Mr Rorie Mckenzie Advocat and the above Quintrie Gibson the third defender being oft times Called and not Compeiring The saids Lords Doe heirby Decerne and Ordaine the said Sir Gilbert Kennedy to enact himself in the books of privy Councill That he shall not Cutt doune the trees of the estate of Girvan Maynes, Woods nor other planting growing about the house of Dalquharne and yeards therof with Certification of Consent of the said Sir Gilbert That if he faillie he shall quyt his possession of the said estate house and yeards, and by the said enactment is to oblidge himself to quyte and pass frae the said possession and flitt and remove himself from the house and yeards Lybelled.