Act, 29 December 1692, Edinburgh

Edinburgh the Fourtein day of September J^aj vj^c nyntie two years

D1692/9/7

D1692/9/7¹

Judicial Proceeding

Dalrymple qra The magistrats of Kirkintilloch

Anent the Lybell raised and pursued before the Lords of their Majesties privy Councill be David Dalrymple in Kirkintulloch with Concourse of Sir William Lockhart their majesties Solicitor for their majesties intrest in the matter underwritten Makeand mention That quher by the Lawes of god and all weell governed nationes and by the particullar Lawes acts of Parliament and practique of this kingdome the contempt of the ordinances of the soveraign Courts of Justice and Especiallie of the Lords of session quher the Samen are duely and lawfully intimat and marked by the Clerk of Court quher they are produced and Especially by the […] act […] are actiones of manifast contempt to their majesties lawes and authoritie and crymes of a high nature and very severly punishable, Nevertheless It is of veritie that the said David Dalrymple pursuar haveing a right to a certaine tenement in Kirkintilloch bounded in maner mentioned in the Dispositione with twentie four foot Southward from the back of the house, The said pursuar did begine to build about two or thrie moneths agoe Southward from the back of the house, And albeit the foundationes did not extend to twentie four foot, The said pursuar was interupted nunciatione novi operis being pursued by the baillies and Comunitie of Kirkintilloch before the baillie of Cummernauld to detest and destroy what was allready Built The said pursuar raised ane advocation before the Lords of session which is signet the twentie sixth day of Jully Notwithstanding of which and in manifast Contempt of the saids Lords their ordinance James Findlay and John Goding present bailles in Kirkintilloch John Smith Couper ther And Marion Stirling his Spouse John Kinniburgh younger ² John Paull William Henry of Barrastoune, Marion Henry his Spouse Androw Galloway wright John Stiven wright John Miller portioner in Kirkintilloch William Scot younger ther James Henry portioner ther John Kinniburgh elder and Jean Brown his Spouse James ³ Morisone present bankeir Malcolme Fleeyming of Boghead Malcome Adam, James Bisset toune officer, John Young officer to the barronie baillie Robert Dollar⁴ Elder, George Stirling, William Scot elder John Goding younger and James Smith younger all inhabitants in Kirkintilloch, or one or other of them by themselves or by order of the saids baillies Did upon the second day of August instant or one or other of the dayes of the said moneth destroy Pull doune and Carie away the matterialls of the forsaid house belonging to the said pursuar which was allready built to a Considerable hight And that notwithstanding that upon the twentie Eight day of Jully last by past ther was a formall due intimation of ane advocation of the said matter by the Lords of Sessione By produceing the Same in the Court of Cumernauld and marked with the Clerks hand produced and sustained as the principall advocatione and intimatione therof produced to the saids Lords of privy Councill has testified Wherby the said pursuar Is greatly Lessed to the value at least of Fiftie punds Sterling, And Therfore the haill fornamed persones are guilty of ane high and manifest ryet and ought and Should be Decerned not only to make payment ⁵ to⁶ the said pursuar of the Soume quherin he is damnified Bot Lykewayes to be Otherwayes punished in their persones and goods to the terror of others to commit the Like in tyme comeing. And Anent the charge given to the saids defenders To have Compeired before the saids Lords of our privy Councill at ane certaine day now bygone To have answered to the ground of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt As the said Lybell and executiones therof more fully bears. The saids Lybell with the letters of Reconventione at the instance of the saids baillies against the said David his wyfe sone and others being both upon the thretein of September instant called in presence of the Lords of Privy Councill, And the said David Dalrymple Compeiring as pursuar of the principall Lybell and as one of the defenders in the reconventione personally And the rest of the Defenders of the said reconventione Compeiring also personally Except Elspeth Donaldson and James Henry)⁷ with Mr Hew Dalrymple their advocat And the said James Findlay and John Goodin pursuars of the forsaid reconventione and two of the defenders in the principall Lybell, And the haill other defenders in that Lybell, Compeiring also personally (except Marion Henry, Marion Stirling, James Bisset and John Brown) with James Stewart their advocat Both the saids Lybells with the answers made therto hinc inde being read and both parties advocats fully heard the saids Lords of privy Councill have Excussed and excusses the absence of the above women defenders in aither of the forsaids processes, And Grants Certification against the said James Bisset one of the principall Lybell and Lykwayes against James Hendry ane of the defenders of the said Reconventione And Ordaines letters of Denunciatione to be direct against them Comanding maccers of privy Councill and messengers at armes to pass to the marcat cross of […] And their in their majesties name and authoritie duely Lawfullie and orderly denunce them their Majesties rebells And putt them to their highnes horne, And ordaines all their moveable goods and geir to be escheat and inbrought to their majesties use for their contempt and disobedience And the witnesses in both processes haveing Compeired and made faith at the bar (except Androw Gray of Duntyblea and Robert Plaine in Kirkintulloch) The saids Lords allowes letters of farder dilligence by Caption to be direct at the instance of the said David Dalrymple against the said Androw Gray and Robert Plaine two of the witnesses of the said principall Lybell cited and not Compeiring, And appoints the witneses Compeiring and makeing faith upon aither to be examined and Recomends to the Lords Fountonhall Enstruther, and Mr Francis Montgomrie of Giffen to examine the saids witnesses and Declares any two of them to be a quorum and Reserves all objectiones against the witnesses to be proponed and discust before the Comittie And the saids Lords haveing this day Considered both Lybells with the answers hinc inde made therto with the depositions of the witnesses adduced be aither partie and writtes produced Togither with a petition given in be aither partie, They Find it suficiently proven that the said David Dalrymple pursuar in the principall Lybell did Continue to build after the advocatione was obtained and produced, And Lykewayes Finds It suficiently proven that the building as cast doune alse weell that part therof, Which was built before the advocatione was obtained and produced; as that Which was built ⁸ after⁹ the obtaineing and produceing therof, And the saids Lords superceids to give sentance against aither of the parties as to the point of Ryot Lybelled hinc inde Untill the point of right be first Discussed and determined be the Judge ordinary And in the mean tyme Decernes and Ordaines Androw Galloway wright John Stiven wright and William Scot Younger all indwallers in Kirkintulloch defenders whom the saids Lords Finds to have guiltie of Casting doune the said building building To make payment of the expences of the witneses cited and Compeiring in aither of the saids Lybells at the rate of sixtein shilling scots per diem or each horssman And Eight Shilling Scots per diem for each foottman And that for the space of five dayes.