Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Tenth day of December one thousand and seven hundred years

D1700/12/2

D1700/12/2¹

Judicial Proceeding

Remitt Gordon of Grange against His Brother

Anent the Lybell or Letters of Complaint raised before the Lords of Majesties privy Councill at the instance of John Gordon of Grange with concourse of Sir James Stewart his Majesties advocat for his Majesties intrest in the Matter underwritten Making Mention That wher by the Lawes and acts of parliament of this kingdome and the custome and practise of all Civill and weill governed nationes The Manifast and violant oppression of any person and the disturbing and disqueiting of them in the possession of their Just rights and properties The violant and unlawfull intromitting with and away takeing of their wrytes and evidents of their Lands and Chartor Chist, The violent and masterfull dispossessing of them of their Lands and heritadges The wrongeous and Illegall Imprisonment of them Especially when the Samen is done by one brother against another Are Crymes of ane high nature and severly punishable Yet Nevertheless and Notwithstanding therof True it is and of verity That Hew Gordon of Grange eldest brother to the said John Gordon pursuer and to William Gordon having deceast without Children, The said pursuer his Immediat youngest brother being served and retoured heir to him did enter to the possession of a part of the Lands and estait of Grange, Bot the said William Gordon defender haveing cast off all fear of God and Love and affection to the said pursuer his brother, Did take all unlawfull methods to disspossess the said pursuer and to supplant and Circumveen him and in prosecution of his unjust un Christian and unlawfull designe, and least the said pursuer should have come by his said brothers Chartor Chist and papers He the said William came from the Stewartrie of Kirkcudbright Immediatly after his said brother Hew’s decease to the Mansion house of Grange where the said Hews relict was dwalling, and which was in effect the said pursuers oun house and being Accompanied with a partie of armed men, Did under Cloud and silence of night in ane or other of the dayes of ane or other of the moneths of one or other the years J^aj vj^c seventie six or J^aj vj^c seventie seven Which was within some few dayes after the said Hew’s decease, and at his oun hand entered the said house, and in a most violent oppressive, and Clandastine maner without any shaddow of Law Caried away the said Hew’s Chartor Chist and haill wrytes of and concerning the Lands and estate of Grange Which then did belong to the said pursuer as heir to his Immediat Elder brother and Caried the same to his own dwalling house at Newtoune of Galloway and yet detaines the samen to the said pursuers great prejudice, For which he did formerly raise ane proces before the Lords of his Majesties privy Councill, Which upon fair promisses the said William prevailled with the said pursuar to delay Bot the said William Continueing still in his seinistreous designes to wrong and oppress the said pursuer hath hitherto detained the said Charter Chist So that he is now necessitate to raise this process against him, and this is not all the wrong and Oppression that The said John Gordon pursuer mett with from his said unnaturall brother who the said pursuer is redacted to great straits and difficulties, Bot also the said John Gordon persuar being infeft and in possession of the Lands of Threive, which was ane part of the said estate of Grange, He did enter in ane agreement with the Earle of Galloway, Wherby for the soume of ane Thousand merks resting be the said pursuer to the said Earle as the ballance of Certaine teynds of the said estate The said John Gordon pursuer did sett ane Tack to the said Earle of Galloway of two part of the Lands of Threive at two hundreth merks yearly for fyve years space till the said Earle should be payed of the said Thousand Merks of Teynd, and then he was to renounce, The said pursuer retained a third part of the saids Lands of Threive with the whole Casualties of the saids Lands to himself and continued in the peacable possession therof, yet so Crewelly indisposed was the said William to the said John Gordon pursuer his poor indigent elder brother and poor family Which was all that remained to the said pursuer to Live upon, That the said William Did take ane right to the said tack, and without regaird to the said pursuers right of the thrid therof Did by masterfull and violent Bangstrie and oppression dispossesses the said pursuer and his poor tennants out therof rendered the same waste, and so opprest him that he forced the said the said² pursuer out of the possession of his thrid, and uplifted both the rents therof and all the said pursuers Casualties and so possesses all the said roome Through the said Earles tack be expired by payment, and the better to carie on his unjust Masterfull and oppressive practices, He knowing that the said pursuer was upon his comeing to Edinburgh to seek remeed of his injuries, He sought all persons to whom the said pursuer was debitor to gett assingations from his Creditors, and falling upon ane bond granted by his deceast Brother to James Dalrymple of Dunraggett, Some other persones (tho by ane aggreement betwixt him and the pursuer He was Oblidged to transmitt any right he hade to the said pursuers estate and to make use of no debts of his brothers against the said pursuer. That he contraveened that aggreement, and tho he gave Litle or no money for these bonds, He purchased Caption against the said pursuer and Imprisones him in the Tolbooth of Wigtoune wher he was detained ane year and more in ane most miserable condition being depryved of ane fire and keept in a most incommodious prison, And haveing at the requeist of the said Earle of Galloway and the Viscount of Stair (who pitied the said pursuers condition) been sett at libertie He in ane most oppressing and cruell maner hearing that the said pursuer had intention to come to Edinburgh of new to seek redress of these his griveous wrongs within ane Fourtnight by his favour and moyan with the then Magistrats gott the said pursuer again incarcerat upon the same Caption in the said Tolbooth of Wigtoun wher he Lay another year till the Lords of Councell and session upon the late act of parliament were graciously pleased to ordaine him to be sett at Libertie, Whereupon the said John Gordon was reduced to ane most Miserable necessitious and sterving Condition, By all which it is evident, That the said William Gordon is guiltie airt and part of most unnaturall Cruell and hyneous acts of Ryots injuries and oppressions Which being proven he ought and should not only be Decerned be Decreet of the Lords of Councill To deliver up to the said pursuer his said Chartor Chist and wrytes belonging to him upon oath And Repone the said pursuer to the peaceable possession of the saids Lands of Threive Bot also To make payment to the said pursuer of the soume of […] of damnadges and expenses and Lykewayes farder severly punished in his persones and goods to the example and terror of others to do or Committ the Like in time coming And Anent the Charge given to the said defender To have Compeared personally before the saids Lords of privy Councill at ane Certain day now bygone 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 find Just under the paine of rebellion etc As in the said Lybell or Letters of Complaint and executiones therof at more length is Contained Which Lybell or Letters Being this day called in presence of his Majesties high Commissioner and the Lords of his majesties privy Councill, and the pursuer Compearing personally with Mr James Hamilton of Bangowr his advocat And the defender Compearing also personally with Mr David Dalrymple his advocat, The Lybell and the answers therto for the defenders being both read and his Majesties high Commissioners and the Lords of his Majesties privy Councill haveing Considered the same, and both parties procurators being fully heard at the Councill bar His Majesties high Commissioner and the Lords of privy Councill Doe hereby Refuse to sustaine process before the Councill theron But Leaves the matter Lybelled to be pursued before the Judge ordinar as accords in Law.