Act, 28 December 1693, Edinburgh

Edinburgh the Twentie Eight day of November J^aj vj^c nyntie thrie years. Post meridiem

D1693/11/32

D1693/11/32¹

Judicial Proceeding

Remitt Balgregie Against Kinglassie

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Mr John Sinclar of Balgregie and Sir James Stewarts their majesties advocat for their highnes intrest in the matter underwritten Mentioning That wher by the Lawes of his and all other weell governed realmes all unlawfull violence is discharged And the interupting of persones in their peaceable possessiones by way of force by ane unlawfull Convocatione and the minaceing and beatting of the possessors and ther men and Servants are Crymes of a high nature and ought to be severly punished nevertheless it is of verity that upon the sixteinth or one of other of the dayes of the moneth of october last […] Douglas of Kinglassie […] Hollyday of Tillibboill younger Androw Wilsone maltman Mr William Abernethie schooll master David Birk younger Thomas Wishart John and George Babaradges Alexander Black James Haigie George Gibb younger John Bredd all tennants of the said² […] Douglas of Kinglassie and indwallers ther pretending to extrude the pursuer from his right and possession in the great Comon Contiguous to the pursuers lands of Ballgregie not content to have caried away about Eight dayes before wrongeously by way of Spulzie the divots that he hade caused Cast in the said Comunitie came with the persones abovenamed and others ther Complices of the number of about ane dizon of men all of them with staves and battones and some of them with swords and pistolls And finding the pursuers men casting divots and himself overseeing them, The said […] Douglas of Kinglass roadd up furiously to have beatten the men if not stopt by the pursuer Who took him Civilly by the bridle and desyred him to forbear violence, and tilling him that the question of their right and possession was not in that maner to be determined Bot aither by a fair communeing Which the pursuer offered or by the sentance of Judge Ordinary, But the said Kinglassie was so farr transported with possion that he not only pushed on his horss, bot drew his sword with many minaceing word, And stricking the pursuer on the head therwith untill his cap fell on the ground and therafter the said Mr William Abernethie and two more came and laid violent hands on the pursuer , And threw the stick out of his hand, And whill he was takeing up his stick and cap the said Kinglassie rod forward among his men chaseing and Scatetering them from ther work Lykas the other persones his Complices did violently sease his workmen and took the Spads from them by force with effusion of their blood, And alse cut the pursuers Truffs when this first fray was ended and Kinglassie was gone away, yet he came back the second time and in a furious maner threatneing Chareing and rydieing doune the said pursuers servants, Wherby he and his Complices are guilty of ane unlawfull convocatione and violent ryot or airt and pairt therof For which he and they ought not only to be Decerned to pay to the pursuar the soume of ane Thousand merks of Damnadges Bot also examplarly punished in his persone and goods to the terror of others as Likewayes he and they ought to be Decerned to cease and decist from all mollesting the pursuer or his men in the possession of the said Comunity in time comeing untill the question of right, and possessione betwixt them be determined by due course of Law And Anent the charge given to the saids defenders to have Compeired before the saids Lords of their majesties privy Councill at ane Certain day now bygone To have answered to the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just, as the letters and executiones therof more fully bears Which Lybell with the reconventione at the defenders instance against the pursuer being on the twentie first of november called in presence of the saids Lords of their majesties privy Councill They appointed A Comittie of their oun number to examine witnesses on both Lybells, And the saids Lords being this day informed that both parties are agreed as to the point of Ryot They heirby Remitt to the Lords of Councill and session to dissmiss and determine the point of right as to the comunitie in Contraversie betwixt the saids parties And that without abydeing the Course of the roll Upon both parties their giveing Consent to the same.