Judicial Proceeding, 26 November 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

Edinburgh Tusday the 26th day of November 1695

D1695/11/281

Judicial Proceeding

Protestatione for not insisting The defenders o2 against McGuffock of Rusco

Anent the letters or Lybell of Complaint purchased and raised before the Lords of his Majesties privy Councill at the instance of Hew Mcguffock of Rusco with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwritten Making Mention That wher by the lawes and acts of parliament and Customes of this and all other weell Governed nationes the oppressing of his majesties Leidges under pretext of Law by Seazing upon them in In3 order to put them out to his majesties Levie and letting them goe for money, and puting out others who were not able to redeem themselves by money for want therof And the arbitrary quartering upon pretext of not puting out to the Levie wher the persones quartered upon were aither or not Lyable or hade made up ther Complement Be Crimes of ane high nature and Severly punishable yet true It is and of verity that Samuell Maxwell of Newlaw, Charles McClellan of of4 Colline, Archibald Coulder of Occoland, John Mcnaught Collector and Stewart Clerk of Kirkcudbright and Robert Maxwell of Hossellwood all or every one of them being appointed Leaders of the paroch of Redick and each of them to put out ane man to the Levy Did upon one or other of the dayes of the moneths of Jannuary February and remanent moneths of the years of God Jaj vic Nyntie four or Jaj vic Nyntie five years or one or other of the saids moneths and years seaze upon severall persones to goe out to the Levie and took money from them and lett them goe and took others in their place whom they demitted in the same termes and maner untill they fall upon poor people who were not able to redeem themselves, And after all have arbitrarly and without Law quartered upon the lands of Girstenwood belonging to the pursuer as deficient of ane man; wheras his valuation Is only two hundred punds, And the valuation for one man Is twe Thousand punds and he not a leader and his Complement however was full as appears by the Collectors letters Declareing that the pursuers part of the Levie was Completed Wherby the fornamed persones and each of them are actors guilty airt and part of ane manifast ryot and oppressione, and ought not only to be severly punished in ther persones and goods to the teror of others but the quartering in the mean time Ought to be Discharged And Anent the Charge given to the saids defenders To have Compeired personally before the saids Lords at ane Certaine 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 appertaines under the paine of rebellion etc As in the principall letters or Lybell of Complaint and executiones therof raised in the said matter at more5 Lenth is contained The saids letters or Lybells of Complaint being this day Called in presence of the saids Lords of his Majesties privy Councill They heirby Admitt Protestatione for not insisting against the said Hew Mcguffock of Rusco And modifies the soume of Ten punds scots of protestation money to be payed be the said pursuer to the said defenders And Ordaines letters at the defenders instance against the pursuer for payment thereof.

Edinburgh Tusday the 26th day of November 1695

D1695/11/281

Judicial Proceeding

Protestatione for not insisting The defenders o2 against McGuffock of Rusco

Anent the letters or Lybell of Complaint purchased and raised before the Lords of his Majesties privy Councill at the instance of Hew Mcguffock of Rusco with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwritten Making Mention That wher by the lawes and acts of parliament and Customes of this and all other weell Governed nationes the oppressing of his majesties Leidges under pretext of Law by Seazing upon them in In3 order to put them out to his majesties Levie and letting them goe for money, and puting out others who were not able to redeem themselves by money for want therof And the arbitrary quartering upon pretext of not puting out to the Levie wher the persones quartered upon were aither or not Lyable or hade made up ther Complement Be Crimes of ane high nature and Severly punishable yet true It is and of verity that Samuell Maxwell of Newlaw, Charles McClellan of of4 Colline, Archibald Coulder of Occoland, John Mcnaught Collector and Stewart Clerk of Kirkcudbright and Robert Maxwell of Hossellwood all or every one of them being appointed Leaders of the paroch of Redick and each of them to put out ane man to the Levy Did upon one or other of the dayes of the moneths of Jannuary February and remanent moneths of the years of God Jaj vic Nyntie four or Jaj vic Nyntie five years or one or other of the saids moneths and years seaze upon severall persones to goe out to the Levie and took money from them and lett them goe and took others in their place whom they demitted in the same termes and maner untill they fall upon poor people who were not able to redeem themselves, And after all have arbitrarly and without Law quartered upon the lands of Girstenwood belonging to the pursuer as deficient of ane man; wheras his valuation Is only two hundred punds, And the valuation for one man Is twe Thousand punds and he not a leader and his Complement however was full as appears by the Collectors letters Declareing that the pursuers part of the Levie was Completed Wherby the fornamed persones and each of them are actors guilty airt and part of ane manifast ryot and oppressione, and ought not only to be severly punished in ther persones and goods to the teror of others but the quartering in the mean time Ought to be Discharged And Anent the Charge given to the saids defenders To have Compeired personally before the saids Lords at ane Certaine 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 appertaines under the paine of rebellion etc As in the principall letters or Lybell of Complaint and executiones therof raised in the said matter at more5 Lenth is contained The saids letters or Lybells of Complaint being this day Called in presence of the saids Lords of his Majesties privy Councill They heirby Admitt Protestatione for not insisting against the said Hew Mcguffock of Rusco And modifies the soume of Ten punds scots of protestation money to be payed be the said pursuer to the said defenders And Ordaines letters at the defenders instance against the pursuer for payment thereof.

1. NRS, PC2/26, 40v-41v.

2. Sic.

3. Sic.

4. Sic.

5. An illegible word scored out here.

1. NRS, PC2/26, 40v-41v.

2. Sic.

3. Sic.

4. Sic.

5. An illegible word scored out here.