Decreet, 9 February 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the nynth day of February Jaj vjc nyntie tuo years

D1692/2/141

Decreet

Decreet Mr Thomas Wilson Against Mr John Lyon

Anent our Soveraign Lord and Ladies letters raised at the instance of Mr Thomas Wilsone of Baikie mentioning That quher that altho the crymes of oppression and bangstry and masterfull takeing away of the goods and geir of his majesties good subjects and the violent Dispossessing them of their lands and heritages Cutting of their green wood and breaking up of Swairdground and seizing and apprehending of Persones one the Lords day for Civill debts be Crymes of a high nature and severally punishable by the lawes and acts of Parliament of this kingdome, And so much the raither when done be persones of dignity and trust who ought to defend and protect the poor from oppression and those who come for shelter under them yet true It is that the said Mr Thomas Wilsone of Baikie pursuar bought the lands of Baikie etc in anno Jaj vjc seventie seven to the value of ten Chalders victuall per annum frae the Earle of Strathmore, and not only did pay him the full pryce therof, Bot also gifted him with ane donation of purpose to make the said Earle his freind, and protect and defend him in his Just rights which he faithfully promised to doe nevertheless It falling out seven years therafter that the pursuar was owing to ane Countrey gentlman Thrie hundred merks Scots, and by a Clandistine charge of a messenger became year and day at the horne, The Lord Strathmore qua superior forgetting his promise a forsaid gifts the pursuars lyfrent ascheat to Mr John Lyon shirreff Clerk of Forfar his naturall brother who without any Declarator before the Lords, But by ane pronunced in his oun Court at Forfarr Ejected the said pursueur his wyfe and seven Childrein furth of their haill lands houses biggings yeards and pertinients therto belonging and to make a scoug of law and some ground for his possessione did severall years after take a Declarator before the Lords of sessions whill the pursuar was Lying in the prison of Forfarr for the same debt, and to make up some formall tho base right to the said possession The said Mr John Did hound out persones on the Lords day who upon a Lords day in the moneth of March Jaj vjc Eightie five brock open the pursuars doors and apprehended him with captione and dragged and caried him towards the prison of Forfar, and least he should have hade any thing to live on, The said Mr John Lyon shirreff Clerk hounded out David Lyon factor both to the Earle and him who forti manu brock up severall of his tennents doors wher some few bolls of victuall did Lye and caused carie them away to the Castle of Glames and disposed therupon at his pleasure, and dureing the pursuars Imprisonment aforsaid which was thrie years and a quarter in great penurie and want Mr John Lyon caused cite the said pursuar before his court severall tymes for payment of the maills and duties of his lands of Baikie Which he himself had uplifted for payment of other soumes Contained in some pretended tickets and bonds bught in by him Togither with the thrie hundred merks upon which his Lyferent escheat fell and when the pursuar offered to defend himself he debarred him with the old horning quheron his said escheat fell and now uplifts the pursuars wholl rents qua donator and therafter qua adjudger will possess the heritadge and has allready obtained the Lord Strathmore his Confirmatione therto to the utter ruine of the pursuar and his poor familly, By which acts and deeds of Conveyance betwixt the superior and Donater and many other deeds done by him and his Complices against the said pursuar and his tennents for weakening and Disabling the pursuar to call him to ane account therfore, and such unhandsome methods and wayes taken be him he is guilty of manifast and avowed oppression and wrongeous Imprisonment And Sicklyke the said Mr John Lyon qua donator had Caused cutt doune a great number of his young green wood to the value of […] and Caused breake up his sward=ground of purpose to constraine the pursuar To Denude himself of his heritadge and that for a small and inconsiderable soume quherof he is allready payed be intromission and much more Wherthrow they have Comitted manifast Ryotts and wilfull oppression in high and proud contempt of his majestie and his authoritie and lawes, And Therfore they ought not only to be punished in their persones and goods, to the terror of others to committ the Like in tyme comeing, Bot also ought to be Decerned to reenter the said pursuar to the peaceable possession of his estate and to make payment to him of a large soume as damnadge sustained be him dureing his Imprisonment and of such other soumes as the saids Lords shall find Just for subsistance of him and his poor familly dureing the dependancie of this present proces befor the saids Lords of Privy Councill and also before the Lords of Session for the Civill part seing by the Poverty the said pursuar is redacted to, throw the forsaid oppression he is Constrained to mean himself for gratis warrants for prosecuteing of both processes and his Childrein are seeking their bread And Anent the charge given to the forenamed persones defenders To have Compeired before the saids Lords of there majesties privy Councill at a certaine day to have ansuered 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 Rebellion2 etc with Certification etc as the said lybell and executiones bears, Which being Called in presence of the saids Lords and the said pursuar Compeiring personally and the Earle of Strathmore one of the defenders being furth of the kingdome, and the said Mr John Lyon the other defender Compeiring personally with Mr William Dundas and Mr William Aikman advocats their procurators and the Lybell and ansuers made therto for the Earle of Strathmore and Lykewayes the ansuers made for Mr John Lyon being heard and Considered be the saids Lords, and they haveing heard both parties and their procurators in their presence and such of the witnesses as ware present and Compeiring haveing made faith at the barr The saids Lords appoynted the witnesses to be examined and nominated a Committie of their oun number to examine the saids witnesses with power to them to Discuss any objectiones that should be proponed against them, and the saids witnesses haveing accordingly Compeired in presence of the said Committie and being solemnly sworne examined and interrogate They Deponed in maner mentioned in their oathes and Depositiones as the samen extant in proces bears The Lords of their majesties privy Councill haveing Considered the above Lybell with the Depositiones of the witnesses adduced be the pursuar for proveing the ponts therof, before the above comittie of Councill with a Petition given in this day be the above Earle of Strathmore and Mr John Lyon defenders with a printed Petition given in for the pursuar with the letters of ejectione produced for the defender obtained before the shirref of Forfarr and his deputs upon a decreet of Removeing obtained before the same Court in October Jaj vjc Eightie thrie with a decreet of generall Declarator obtained at the instance of the defender against the pursuar before the Lords of Sessione in January Jaj vjc Eightie Six They Find It suficiently proven That the said Mr John Lyon is guilty of a Ryot Committed against the defender in the Illegall and unwarrantable ejecting of him and his familly furth of the lands houses years biggings and pertments Lybelled And Therfore Decernes and Ordaines The said Mr John Lyon To Reenter the pursuar his wyfe bairnes familly tennents and Coatters To the peacable possession of the saids land houses biggings yeards and pertinants Lybelled and for that effect Ordaines The said Mr John Lyon defender To remove himself wyfe bairnes familly tennants Coatters and servants furth and from the samen And Discharges the said Mr John Lyon To trouble or molest the pursuar or his forsaids in the possessione therof in tyme comeing And Ordaines letters of horning one fiftein dayes and others needfull To be direct for that effect And the saids Lords have Fyned and heirby Fynes the said Mr John Lyon in the soume of Thrie Hundred merks scots to be payed be the said Mr John Lyon to the said Mr Thomas Wilson pursuar for alimenting him and his poor wyfe Childreen and familly, and Declaires the said soume to be free of arreistments and Compensationes by any of the said Mr Thomas his Creditors In Respect the same is aliementary and the pursuar in a necessitous conditione, And Ordaines macers of Councill or messengers at armes To apprehend and incarcerat the said Mr John Lyon his persone in Prison untill he make payment of the said thrie hundred merks money forsaid.

Edinburgh the nynth day of February Jaj vjc nyntie tuo years

D1692/2/141

Decreet

Decreet Mr Thomas Wilson Against Mr John Lyon

Anent our Soveraign Lord and Ladies letters raised at the instance of Mr Thomas Wilsone of Baikie mentioning That quher that altho the crymes of oppression and bangstry and masterfull takeing away of the goods and geir of his majesties good subjects and the violent Dispossessing them of their lands and heritages Cutting of their green wood and breaking up of Swairdground and seizing and apprehending of Persones one the Lords day for Civill debts be Crymes of a high nature and severally punishable by the lawes and acts of Parliament of this kingdome, And so much the raither when done be persones of dignity and trust who ought to defend and protect the poor from oppression and those who come for shelter under them yet true It is that the said Mr Thomas Wilsone of Baikie pursuar bought the lands of Baikie etc in anno Jaj vjc seventie seven to the value of ten Chalders victuall per annum frae the Earle of Strathmore, and not only did pay him the full pryce therof, Bot also gifted him with ane donation of purpose to make the said Earle his freind, and protect and defend him in his Just rights which he faithfully promised to doe nevertheless It falling out seven years therafter that the pursuar was owing to ane Countrey gentlman Thrie hundred merks Scots, and by a Clandistine charge of a messenger became year and day at the horne, The Lord Strathmore qua superior forgetting his promise a forsaid gifts the pursuars lyfrent ascheat to Mr John Lyon shirreff Clerk of Forfar his naturall brother who without any Declarator before the Lords, But by ane pronunced in his oun Court at Forfarr Ejected the said pursueur his wyfe and seven Childrein furth of their haill lands houses biggings yeards and pertinients therto belonging and to make a scoug of law and some ground for his possessione did severall years after take a Declarator before the Lords of sessions whill the pursuar was Lying in the prison of Forfarr for the same debt, and to make up some formall tho base right to the said possession The said Mr John Did hound out persones on the Lords day who upon a Lords day in the moneth of March Jaj vjc Eightie five brock open the pursuars doors and apprehended him with captione and dragged and caried him towards the prison of Forfar, and least he should have hade any thing to live on, The said Mr John Lyon shirreff Clerk hounded out David Lyon factor both to the Earle and him who forti manu brock up severall of his tennents doors wher some few bolls of victuall did Lye and caused carie them away to the Castle of Glames and disposed therupon at his pleasure, and dureing the pursuars Imprisonment aforsaid which was thrie years and a quarter in great penurie and want Mr John Lyon caused cite the said pursuar before his court severall tymes for payment of the maills and duties of his lands of Baikie Which he himself had uplifted for payment of other soumes Contained in some pretended tickets and bonds bught in by him Togither with the thrie hundred merks upon which his Lyferent escheat fell and when the pursuar offered to defend himself he debarred him with the old horning quheron his said escheat fell and now uplifts the pursuars wholl rents qua donator and therafter qua adjudger will possess the heritadge and has allready obtained the Lord Strathmore his Confirmatione therto to the utter ruine of the pursuar and his poor familly, By which acts and deeds of Conveyance betwixt the superior and Donater and many other deeds done by him and his Complices against the said pursuar and his tennents for weakening and Disabling the pursuar to call him to ane account therfore, and such unhandsome methods and wayes taken be him he is guilty of manifast and avowed oppression and wrongeous Imprisonment And Sicklyke the said Mr John Lyon qua donator had Caused cutt doune a great number of his young green wood to the value of […] and Caused breake up his sward=ground of purpose to constraine the pursuar To Denude himself of his heritadge and that for a small and inconsiderable soume quherof he is allready payed be intromission and much more Wherthrow they have Comitted manifast Ryotts and wilfull oppression in high and proud contempt of his majestie and his authoritie and lawes, And Therfore they ought not only to be punished in their persones and goods, to the terror of others to committ the Like in tyme comeing, Bot also ought to be Decerned to reenter the said pursuar to the peaceable possession of his estate and to make payment to him of a large soume as damnadge sustained be him dureing his Imprisonment and of such other soumes as the saids Lords shall find Just for subsistance of him and his poor familly dureing the dependancie of this present proces befor the saids Lords of Privy Councill and also before the Lords of Session for the Civill part seing by the Poverty the said pursuar is redacted to, throw the forsaid oppression he is Constrained to mean himself for gratis warrants for prosecuteing of both processes and his Childrein are seeking their bread And Anent the charge given to the forenamed persones defenders To have Compeired before the saids Lords of there majesties privy Councill at a certaine day to have ansuered 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 Rebellion2 etc with Certification etc as the said lybell and executiones bears, Which being Called in presence of the saids Lords and the said pursuar Compeiring personally and the Earle of Strathmore one of the defenders being furth of the kingdome, and the said Mr John Lyon the other defender Compeiring personally with Mr William Dundas and Mr William Aikman advocats their procurators and the Lybell and ansuers made therto for the Earle of Strathmore and Lykewayes the ansuers made for Mr John Lyon being heard and Considered be the saids Lords, and they haveing heard both parties and their procurators in their presence and such of the witnesses as ware present and Compeiring haveing made faith at the barr The saids Lords appoynted the witnesses to be examined and nominated a Committie of their oun number to examine the saids witnesses with power to them to Discuss any objectiones that should be proponed against them, and the saids witnesses haveing accordingly Compeired in presence of the said Committie and being solemnly sworne examined and interrogate They Deponed in maner mentioned in their oathes and Depositiones as the samen extant in proces bears The Lords of their majesties privy Councill haveing Considered the above Lybell with the Depositiones of the witnesses adduced be the pursuar for proveing the ponts therof, before the above comittie of Councill with a Petition given in this day be the above Earle of Strathmore and Mr John Lyon defenders with a printed Petition given in for the pursuar with the letters of ejectione produced for the defender obtained before the shirref of Forfarr and his deputs upon a decreet of Removeing obtained before the same Court in October Jaj vjc Eightie thrie with a decreet of generall Declarator obtained at the instance of the defender against the pursuar before the Lords of Sessione in January Jaj vjc Eightie Six They Find It suficiently proven That the said Mr John Lyon is guilty of a Ryot Committed against the defender in the Illegall and unwarrantable ejecting of him and his familly furth of the lands houses years biggings and pertments Lybelled And Therfore Decernes and Ordaines The said Mr John Lyon To Reenter the pursuar his wyfe bairnes familly tennents and Coatters To the peacable possession of the saids land houses biggings yeards and pertinants Lybelled and for that effect Ordaines The said Mr John Lyon defender To remove himself wyfe bairnes familly tennants Coatters and servants furth and from the samen And Discharges the said Mr John Lyon To trouble or molest the pursuar or his forsaids in the possessione therof in tyme comeing And Ordaines letters of horning one fiftein dayes and others needfull To be direct for that effect And the saids Lords have Fyned and heirby Fynes the said Mr John Lyon in the soume of Thrie Hundred merks scots to be payed be the said Mr John Lyon to the said Mr Thomas Wilson pursuar for alimenting him and his poor wyfe Childreen and familly, and Declaires the said soume to be free of arreistments and Compensationes by any of the said Mr Thomas his Creditors In Respect the same is aliementary and the pursuar in a necessitous conditione, And Ordaines macers of Councill or messengers at armes To apprehend and incarcerat the said Mr John Lyon his persone in Prison untill he make payment of the said thrie hundred merks money forsaid.

1. NRS, PC2/24, 20v-22v.

2. One illegible word scored out here.

1. NRS, PC2/24, 20v-22v.

2. One illegible word scored out here.