Act, 29 December 1692, Edinburgh

[9 August 1692] Eodem Die Post meridiem

D1692/8/28

D1692/8/28¹

Decreet

Decreet Dundas Against Kelso and others

Anent our Soveraigne Lord and Ladies letters raised at the instance of Mr John Dundas late Surveyar at Newport Glasgow and Sir William Lockhart their majesties Solicitor for their highnes intrest in the matter underwritten Mentioning That quher albeit by the law of this and all other weell governed Nationes, The unwarrantable and forcible breaking up of any persones doors Chists and trunks, And the Supplieing robbing and away takeing of the goods geir and others within the same Espealy when the same is done by the advice Connivance and permission of the persones To whose custody and keeping the saids goods ware Committed Bot more Especially quher the saids goods are seized Robbed Spulzied and away taken without order of law or any Just ground or reasone whatsomever and when the persones spulziers knew and ware told that these goods ware Imported and reported severall moneths before the persones who robbed the samen ware in office hade any Commissione or came to any trust competent for them to quarrell the same by crymes of a high Nature and severly punishable, nevertheless It is of veritie that the said Mr John Dundas haveing a Chamber and being residenter in the house of Robert Mcneill Clerk to the custome office at Newport Glasgow And haveing his trunks and other goods Lockfast and lying their quherby the said Robert Mcneill was to answer for the Safe custody, yet the said Robert was so farr from that, That he on the contrary upon the sixth day of may last or one or other of the dayes of the said moneth Did introduce Robert Cunninghame Collector at Newport Glasgow John Kelsoe Surveyor James Hamilton the said Robert Mcneill Robert Noble waitter James Turner waitter and some other waitters at least by his allowance Connivance and permission they went to the said pursuars Chamber and ther the saids persones or one or other of them contrair to all Law broak up ane pantry quher the pursuars goods lay and defacto violently caried away a parcell of fyne amber beeds and rendered a parcell of Tobacco in the said Pantry useless and not being therwith content, They also broak up the said pursuars trunk quher his goods money papers and others ware, Which does evidently appear by the naills drawen out of the backbonds therof and new Naills, put in place of the same, And the pursuar cannot as yet distinctly know or come to the knowledge of quhar is a missing or they have taken out of the Same Notwithstanding that Alexander Peirie the said Mr Johns Nevoy (Mr John being at Glasgow for the tyme) Did offer to let them seall the said locks in the house of the said Clerks of the Custome office and under his Custody till the nixt day that Mr John returned returned² from Glasgow at which tyme the saids locks and dorrs should be made patent to them, And therafter they went to the house of John Crafurd late baillie of Glasgow now liveing at Newport Glasgow and their violently took out of his house a parcell of more Tobacco belonging to the said pursuar all which goods (by and attour the many papers and other goods which he cannot as yet Distinctly know, the value of) Extend at least to the value of Two hundred punds Sterling money and all this done by the fornamed persones after they ware told that the forsaids goods and others robbed ware Imported and reported and long before ever the present tacksmen Collector Surveyors or others hade any Commission to quarell the same Lykeas the said pursuar haveing by a procurator in his name upon the nynth day of may last Requyred the fornamed persones under forme of instrument aither to deliver back the saids goods and others robbed as said is, In Respect that they ware Imported and reported prior to the tacks and Commissiones which consisted with Mcniell his oun knowledge and which was then ouned and affirmed be George Hane who was Clerk the tyme of the Importatione, Bot at that tyme Collector Dalzell positively refused ane antrie, or otherwayes protested they might be Lyable and make payment to the said pursuar of the value of the saids goods and alse of all charges and expences he should be put to in recovering the samen which they refused as ane instrument taken therupon bears, Wherthrow the said Robert Cunninghame Robert Mcneill John Kelso James Hamilton and others above named are guilty of ane high and manifast Ryot, And Ought and should not only be Decerned to pay to the said pursuar the soume of […] as the value of the saids goods spulzied as a forsaid Bot likewayes otherwayes severly punished in their persones and goods to the terror of others to committ the like in tyme comeing as the said Lybell bears And Anent the charges given to the fornamed persones defenders To have Compeired before the saids Lords of Privy Councill at ane certaine day to have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt under the paine of rebellion etc with Certificatione etc Which being called in presence of the saids Lords upon the thretein day of Jully last And the said pursuar Compeiring personally with Mr Hew Dalrymple and Mr William Dundas and his advocats And John Kelsoe Robert Mcneill and Robert Noble thrie of the defenders who by warrand of Councill of the date the […] day of Jully last were allowed to Compeir and sist themselves for the wholl defenders Compeiring also personally with James Stewart Senior and Mr John Meinzies their advocats The Lybell and answers made therto be the defenders being Considered be the saids Lords and both parties advocats fully heard The saids Lords Recomended to a Committie of their oun number to call for and hear both parties and endeavor to setle and agree them in the above matter and to Report to the Councell And the Committie haveing mett They gave in the report following viz That they haveing heard the Laird of Howstoune two tacksmen of the Customes his present Clerk and Surveyer and Mr John Dundas anent the breaking open of the said Mr John his doors and Carieing away the beeds and Tobacco Lybelled They Find that these goods being in the custody of Mr John Dundas wher he was Kings servant as Surveyer and Continued in his Custody when the doors was brock up yet they could not be considered as concealled goods Especially Considering that the circumstances of his possession was knowen to the present Clerk and Surveyer And Therfore that the breaking up of the saids doors and carieing away of the goods was most Unwarrantable And the Comittie gave it as their Opinion that the Defenders in the first place should be Decerned to restore the saids goods And that the present surveyer should be ordained to pay to the said Mr John Dundas ane Hundred merks scots as the charges and expences he hade been at in the prosecutione of this affair as the report bears The Lords of their majesties privy Councill Haveing Considered the above report They approve therof And Decernes and Ordaines the fornamed persones defenders in the first place To Restore and Deliver back to the said pursuar the goods forsaids wrongeously taken from him as said is, And Decernes and Ordaines the said John Olelso present surveyer ane of the defenders To make payment to the said pursuar of the soume of Ane Hundred merks as the charges and expences he has been at in prosecutione of this affair But Prejudice allwayes to the said Mr John Dundas to recover payment of other expences he has been or shall be put to from any other persones concerned as accords of law And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in forme as effeirs.