Act, 29 December 1692, Edinburgh

Edinburgh the Twentie fourth day of November J^aj vj^c nyntie two years

D1692/11/18

D1692/11/18¹

Judicial Proceeding

Remitt Robertsone Against Scot etc

Anent the two severall Lybells raised and pursued before the Lords of their majesties privy Councill the one therof at the instance of Robert Robertsone late procurator phiscall of the burgh of Rutherglen and And² now Residenter in Portsburgh (and for William Lockhart their majesties Solicitor) for their intress in the matter underwritten makand mentione That quher albeit the Sinister defrauding of persones of their Just rights, And the violent stoping of the procedur of Justice be way of Bangstry and oppression Comitted by inferrior magistrates under prentice of authoritie Therby depriveing Justice and malversing in the offices and the beatting of any of their majesties subjects to the effusione of their blood without any provocatione given And the breaking open of doors and spulzeing and away takeing open of doors and spulzieing and away takeing of Cornes furth of housses without any Collour of Law be Crymes of a high natur and severly punishable nevertheless It is of veritie that upon one or other of the dayes of the moneth of August J^aj vj^c nyntie years, The said pursuar be vertue of his office as procurators phisicall of the said burgh And Patrick Reid residenter ther haveing Comenced a proces at their instance Against Androw Leith burges of the said burgh before the magistrates of Rutherglen for Stealling of other mens sheep and billing therof Forging of writtes removeing of march stones and land markes and oppression of the burgesses dureing the tyme he was toune thesaurer throw exacting and uplifting Contrary to his oath of fidelity of Soumes in name of Cess farr above each mans proportion Contained in ane stent roll, Which Lybell being found relevant by the magistrates and proven by the depositiones of witnesses in presence of ane Assyze, founded for that effect the said Androw Leitch was by a verdict of the said Assyze found guiltie of the severall crymes above specified, Bot the magistrats haveing delayed the pronunceing sentance against the said Androw Leitch till the michellmiss Court day which hapned within Eight or ten dayes therafter at which tyme the magistrates Viz the provest and two baillies haveing conveened in the Court holden within the Tolbooth of Rutherglen, and William Spence the toune Clerk haveing the forsaid process Lying before him upon the table John Scot one of the two baillies of the said burgh for that tyme streatched his hands over the bensh wher he then was sitting in Judgment Towards the Clerks table And took up the forsaid proces Consisting of the Lybells depositiones of the witnesses and verdict of the assyze Against the said Androw Leitch, and with ane unparralalled boldnes, Impudence and affrontrie put the same within his pocket notwithstanding that the provest and the other baillies ware sitting in Judgment with him, And the said procurator phiscalls did reclaime and protested against his doeing therof wherinto he made no reply, Bot that he should answer for what he did or some such like expression Lykeas upon one or other off the dayes of october J^aj vj^c nyntie one years the said pursuar being at the marcat cross of the head burgh of Rutherglen assisting William Wood messengers at the appryseing of the said sheep belonging to the said Androw Leitch which ware poynded from him be vertue of letters of poynding raised at the instance of the said pursuar against him The said John Scot one of the present baillies forsaid Hounded out Mr Walter Watsone messenger with ane old Caption at Leitches instance against the said pursuar for ane debt which hade been satisfied of before be vertue therof the said pursuar being apprehended and made prisoner the tyme of the forsaid appretiatione of the sheep at the Cross Imediatly therafter, The said John Scot violently threw ane pistoll out of the pursuars hand and most unhumanely and barbareously struck him over the head with the pistoll to the effussion of his blood whill the messinger was carieing him away prisoner be vertue of the forsaid Caption, Which altogither in consistant with the dutie of a magistrat, Who Ought rather to have protected the said pursuar from any such violence that should have been offered to him by another And in like maner Androw Harvie late provest therof Imediatly therafter did attack the said pursuar when prisoner in the messengers hands upon the high street of the said burgh by beating him with his fist and thoumb upon the face and nose to the effusion of his blood without any provocatione quhatsomever Likas about the latter end of October or begining of november J^aj vj^c nyntie one years, The said pursuars haveing Caused poynd and appryss ane stack of cornes to the number of Ten or twelue bolls belonging to the said Androw Leitch for payment and Satisfactione of another debt due to him be the said Androw after the said pursuar got the same Delivered to him be William Wood messenger who executed the poynding and after that the said pursuar hade transported the same to a lockfast house of his oun, wher the saids cornes remained in his power for the space of ten or twelue dayes till the said John Scot and Androw Leitch at their oun hands with their assosciats and accomplices without any Collour or Shadow of Law did break up the house door wher the cornes ware laid up and masterfully took the same away So that the said pursuar was Disapointed of his dilligence and roved of the said corne wherby the said John Scot Androw Leitch and Androw Hervie are guilty of open and manifast ryots, opression malvarsatione and contempt of authoritie, And Therfore the said John Scot Ought not only to be decerned to deliver up the forsaid proces against Androw Leitch so master-fully abstracted by him in maner abovewritten And he and the said Androw Leitch Ought to be Decerned to deliver back the saids cornes so spulzied and away taken by them in maner forsaid, To make payment to the said pursuar of ane hundreth punds as the value therof And the said John Scot, Androw Leitch and Androw Hervie Ought to be fyned in Considerable soumes Conforme to the respective Ryots Comitted by them as the Lords of Councill shall determine to be payed to the said pursuar who and his poor familly are brought to Outter Ruin by their oppressione so that he is forced to turne his back upon his ancient inheritance in the said burgh wher the pursuars father was once provest, Bot also the saids defenders Ought Likewayes to be severly punished in their persones and goods to the terror of others to doe and Comitt the like in tyme comeing And Anent the charge given to the fornamed persones defenders To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the grounds of the abovewritten Complaint And to have heard and seen themselves Decerned in maner underwritten viz The saids John Scot to deliver up the forsaid process against Androw Leitch So masterfully abstracted by him in maner forsaid Lykewayes the said Androw Leitch to deliver back the Saids cornes so spulzied and taken away by him And the said John Scot in maner abovespecified or to make payment to the said pursuar of Ane hundred punds as the value therof as also the said John Scot Androw Leitch and Androw Hervie fyned in Considerable Soumes Conforme to the respective ryots comitted by them as the Lords of privy Councill shall Determine to be payed to the said pursuar As, Lykewayes the saids defenders to be examplarly punished in their persons and goods to the terror of others to comitt and doe the like in tyme comeing, And also to have heard and seen such other order and course taken theranent as the saids Lords should think fitt. as the said Lybell and executiones therof at more leanth bears. And the other of the saids Lybells at the instance of the said John Scot and Androw Leitch and their majesties said solicitor for their highnes intrest by way of Reconventione makeing mentione That wher by the lawes of this and al other weell governed nationes, The wrongeous Imprisonment of their majesties Leidges by a show and formality of Law, as if the same ware done in executione of letters of Captione notwithstanding that the debt was payed and stood suspended without Cautione or Consignatione before the raiseing of the captione as also the wrongeous intromission with the leidges goods upon pretence of the execution of a poynding after the debt poynded for was satisfied and payed by two former poyndings made be the saids messengers and the appretiatione made at the same marcat Cross upon Short Intervalls of four dayes, And the beatting of their Majesties leidges Especiallie of women who are bigg with Chyld, as also the resisting of messengers or his assistants or the magistrates of burghes who are bound to concurr Be all high Ryots severly punishable nevertheless It is of veritie That the said Androw Leitch pursuar being debitor to Robert Robertsone weaver in Rutherglen and now Residenter at Portsburgh in a Small Soume of aboutt Two hundred pund Scots Or therby, He did make due payment and obtained the said Robert Robertsones Discharge of the date the twentie first day of February J^aj vj^c Eightie seven years, yet the said Robert Robertson haveing afterwards charged with burning Did necessitate the said pursuar to exped a Suspensione, Which he obtained without Caution or Consignation which suspensione was called for produced and debate before the Lords of Session And yet notwithstanding the said Robert Robertson was not ashamed to revise a Caption therafter, And upon the twentie, twentie one, Twentie two, Twentie thrid, twentie fourth, Twentie fifth twentie sixth, twentie seventh, Twentie Eight twentie Nynth or one or other of the dayes of september J^aj vj^c nyntie one years Or one or other of the dayes of the said moneth Did therupon apprehend and incarcerat the said pursuar and force him to a second suspensione, And whill the said pursuar was in prison the said defender haveing raised a horning for another part of the said soume Extending to ane hundred punds scots, He also upon the twentie, twentie one, Twentie two twentie thrid, Twentie fourth, Twentie fifth, Twentie sixth, Twentie Seventh Twentie Eight and twentie nynth dayes or one or other of the dayes of the said moneth poynded upon it, albeit the same was assigned be him to John Modrell and James Hervie indwallers in Rutherglen and the assignatione duely intimat to the said pursuars before the said poynding Wherby the said Robert Robertsone was fully denuded of the said debt And in a most barbarous maner did beat the said pursuars wife being then bigg with Child within a moneth of her delivery and threw her over head and ears into a nestie myre in a Midenstead wher she was like to have drowned and all without the least provocation or offence upon her part, And after he hade poynded rather toward the payment of the debt, He returned another tyme and upon Some of the dayes of the said moneth poynded sheep also towards the value of the soume; so as the two poyndings did near double the debt, And did notwithstand return upon the fourth, fifth sixth seventh, Eight nynth or Tenth dayes of the moneth of October and year of god forsaid poynded a thrid tyme for the same debt which was near double payed before all dureing the pursuars absence, and unwarrantable Imprisonement, And did at that thrid tyme carie away a great quantitie of corne, which he put into ane open measure house exposed to raine and storme, as alsoe the said Robert Robertsone being apprehended with Caption at the tyme of the first of these poyndings at the pursuars instance He did resist the messenger and did draw and present a pistoll to the messenger and his assistants and Especially to the said John Scot pursuar who was a magistrat of the place and bound to concurr, Wherby the said Robert Robertsone is guilty of open and manifast Ryots oppressiones and contempt of authoritie And Therfore he Ought not only to be Decerned to make payment of the Superplus of the Soumes wrongeously poynded, Bot also he ought and Should be examplarly punished in his person and goods to the terror of others to committ the like in tyme comeing And Anent the charge given to the pursuars of the principall Lybell and defenders in the forsaid reconventione To have Compeired before the saids Lords of privy Councill personally To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find cause As the said Lybell of reconventione and executiones therof at more leanth proports The saids Two Lybells being both called this day in presence of the saids Lords of privy Councill And the said Robert Robertsone pursuar in the principall Cause and defender in the reconventione Compeiring personally be Mr John Kincaid his advocat And the said John Scot and Androw Leitch two of the defenders in the principall lybell Compeiring also personally with Sir David Thores and Mr David Cuninghame their advocats, And the Said Androw Hervie one of the defenders in the principall cause being called bot not Compeiring The Lords of their Majesties Privy Councill haveing heard the principall Lybell and messengers therto with the Lybell of Reconvention read in their presence and haveing at leanth heard both parties and their advocats They heirby Remitt both the saids Lybells principall of the shirefdoune of Lanerk or his deputes, And the shirreff principall of the shyre of Edinburgh or his deputs within whose respective bounds and Jurisdictiones the haill parties abovenamed doe dwall and reside.