Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twentie third day of September J^aj vi^c nyntie six yeirs

D1696/9/11

D1696/9/11¹

Judicial Proceeding

Remitt Angws against Mylne

Anent the lybell or Letters of complaint raised and perswed before the Lords of privie Counsell at the instance of Isobell Angws relict of Charles Thomsone skipper in Leith with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater underurittin Makeing mention That wher albeit by the Lawes of this and all other well governed nationes and comounewealths the ejecting of persones from the duelling houses and the extorteing of writes vi et metu for that effect And the putting of the Same to executione efter the Same was Suspended and reductione raised theron befor the Lords of Sessione are crymes of ane high nature and Severely to be pwnished Yet trwe it is that the said Isobell Angws Complainer being left a wedow with two yowng childrein did not know as yet any way how to provide for her own and ther Living And finding that befor her poor childrein wanted bread She would as many in her sad and Desolat circumstances Doe, vend Some aill and brandie thinking therby to help herself and poor family to Live tho never so soberlie In order to this the said complainer did take ane house upon the Shoar of Leith from William Milne measone burges of Edinburgh for a yeir upon payment of two Hundereth merks of rent But he finding that if by any meanes he could have more rent for his house would never Stand to eject the said Complainer the poor wedow and fatherles childrein even at Mertimes notwithstanding of his Setting ther house from whittsonday J^aj vi^c nyntie five to whittsonday J^aj vi^c nyntie Six Therfor in order to have the Said Complainer and her poor childrein cast owt he never rested till he found owt ane other man to take her house over her, head at Mertimes But finding it Difficult to accomplish his furiows and malitiows Designe against the poor wedow now when he had the offer of more rent And because the said Complainer had preadvanced him more money then the half yeirs rent amownted to the Said William Milne knew no Laufull way to cause the said Complainer remove at Mertimes wnles he could indwce her vys et modis to subscribe ticket to remove within eight dayes But finding that as yet he could not gett this his project furdered threatned the Said Complainer a poor wedow most terriblie that he being her Land Lord could easielie obtaine ane order from the baillies of Leith to cast her and her poor familie to the Streets which Soe amazed the Said Complainer not knowing what to doe or whither to goe if She were cast owt But he haveing his intentiones bent only to rwine the Said Complainer and her poor familie (who kneu of no house wher they might transport themselvs and goods at mertimes not being her terme for removeing) threatned her again that by vertue of ane warrand (though he had non) from the baillie he would eject the said Complainer never animadverting to his bargaine with her from whittsonday to whittsonday And the said Complainer being a poor Simple woeman and affrayed of Such minaces and crwell threatenings wes at lenth by William Mylnes wheedleing and Subtilitie indwced to Subscribe a ticket wnder the penaltie of Two hundereth merks (which She did onlie to Stay his furie) to remove within five or Six dayes yet because the said Complainer could have no house to take at that tyme to accomodat her poor family and Litle plainshing which She had And because the man who tooke her house over her head was not soe very wrgent for it She was obleidged to Stay thrie or four dayes more to Sie if her Land Lord would pay her money which She had given him befor hand which She had given him beforhand which when for Gods Sake the Said Complainer craved he allwayes refwsed to pay She then told him that he cowld not desyre her to remove at Mertimes when She had taken the house for ane yeir wnles he would aither provide her another house or pay her money advanced to him And the said Complainer told him moreover that as She could with her poor familie lye in the Streets and Lose all her fwrniture soe he owght not to throw her owt the said William Mylne now finding that he could not have his most maliciows designe accompished² most crwellie charged the said Complainer with horning to make payment to him of the Soume of Two Hundereth merks as the penaltie alleadged incurred through faillzie thinking that if he wanted more rent for his house he Should be Sure to rwine the said persewer the poor wedow by exacting the two Hundereth merks in Leiw therof Wherupon the said Complainer was obleidged to Suspend the charge of horning and raised reductione of the ticket Subscribed vi et melu when She was in prisone Notwithstanding of all which Suspensione past expeded and intimat the said William Milne most avaratiowsely and crwellie never Considering the Suspensione or reductione which are not yet discust did upon the […] or ane or other of the dayes of Aprile Last bypast against all Law and in contempt of our authoritie poind and Spwillzea the said Complainer the poor wedow her house for Two hundereth merks of rent Wheras efter Just compt and reckning befor two Jwdiciows men the Complainer owed him nothing But Fourtie pund Scots And the said Complainer being absent herself when he caused poind and Spwillzea her house He took all her furniture from her so that the said Complainer nor her poor childrein hes not a bed wherupon to lay themselvs And not content with this Because he found no oppositione then again upon the […] or ane or other of the dayes of May Last hes of new taken away and plundered what he then left soe that by his most crwell furie and avarice against the said Complainer a poor wedow who is left in Swch a conditione with her poor childrein that he hes left the said Complainer nothing on earth wherwith to nowrish her poor childrein and the said Complainer haveing gone to her Land Lord and desyred him for the Lords Sake to give her Some goods againe Such as a bed or blankets to cover herself and childrein in the night he ansuered that he had raither sie the said Complainer Drowned Then by advice the said Complainer took a nottar publict and past to him Desyreing he might make restitutione of her goods againe and if efter disscussing the Suspensione and reductione any money were found Due to him he Should be honestly payed of the Same which was altogither refwsed her wherupon the said Complainers procurator in her name haveing the Suspensione and reductione in his hands protested that what he had Spwillzied and plundered from her the said Isobell Angws was most wnwarrantablie done and that it was and might be a ryot Done in contempt of our authoritie and Lawes As also protested for coast Skaith and Damnadge As the instrwment under the hand of a nottar publict heirwith prodwced will testifie Wherby it may evidentlie appear to the Lords of our privie Counsell that the above William Milne is gwiltie of a high and manifest ryot And therfor he owght and Should be Severely pwnished in his persone and goods to the example and terror of others to comitt the lyke in tyme comeing And Anent the charge given to the said defender to have compeared personally befor the Saids Lords of privie Cownsell at ane certaine Day now bypast to have ansuered to the foirsaid Complaint And to have heard and Sein Such order and course taken therin As the Saids Lords Should think fitt wnder the paine of rebellione and putting of him to the horne As in the principall Letters or lybell of Complaint and executiones therof at more Lenth is contained which Lybell and Letters of Complaint being this day called in presence of the saids Lords of privie Counsell And the persewer Compeareing personallie with Sir Patrick Home her Advocat And the defender Compeareing also personallie with Mr William Calderwood his advocat His Majesties High Commissioner and the Counsell haveing considered the forsaid lybell they heirby refwse to Sustaine process theron befor the Counsell And remitts the Same to be persewed and insisted in befor the Judge ordinar as accords