Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Seventh day of Janwary J^aj vi^c nyntie Six yeirs

D1696/1/12

D1696/1/12¹

Judicial Proceeding

Remitt Tenents of Coldinghame

Anent the lybell or Letters of complaint purchased and raised befor The Lords of his majesties privie Counsell at the instance of Thoams Harper Thomas Lwgatt Patrick Edingtowne John Craige James Air Elspeth Robertsone tenents and possessors of Burnseland in Colindgham belonging to Sir Patrick Home of Lumbsden Advocat And Patrick Purves Thomas Wtterstowne Elspeth Robertsone, John Rae Robert Corsar Henry Home, John Blyth Robert Mcdougall, William Fleeming Margaret Pollwart James Air, William Brock Agnes Wales, Christean Craw James Edingtowne Thomas Lighterns Patrick Aitchiesone tenents of Lwmbsdeanes Lands in Coldinghame and Robert Browne of Blackburne factor appointed be the Lords of Sessione for uplifting the rents of the aikers of Lumbsdeanes Lands with concourse of Sir James Stewart his majesties Advocat for his interest in the mater wnderwritten Makeing Mentione That wheras by the comoune Law Lawes and acts of parliament of this natione the wnwarrantable and wnlaufull convocatione of the Leidges in fear of near especially when done in order to comitt acts of wnjustice and violence is a cryme of a high nature and Severely pwnishable And the wnwarrantable and wnjust Seaseing upon persones cornes or other goods and extorting² from them bonds for Soumes of money to redeim the cornes or other goods that was So wnwarrantablie and wnjustly Seased upon is a high ryot and manifest oppressione As also by the Eightie third act parliament eleventh James the Sixth It is Staitut and ordained that officers at armes comitting falsehood or oppressione of the Leidges in executione of ther office Shall be pwnished to Death in caice they Shall be found culpable Yet Nevertheles It is of veritie that George Rentowne writter in Edingburgh And James Rentoune messenger Patrick Cockburne messenger and Robert Home brother to […] Home sometyme at Eccles being all armed with Swords pistolls and Carrobynes accompanied with Archibald Purves in Plendergaist And ther accomplices Jean Home relict of the deceast John Home of Plendergaist being Likewayes present and in companie came in a violent and hostile maner upon the twentie fourth and twentie fifth dayes of September Last or ane or other of the Dayes of the said moneth to the ground of the forsaids Lands of Lumsdeanes Lands and Burnse Lands in Coldinghame under pretence of executeing Letters of poynding of the ground raised at the instance of the said Jean Home for a liferent annwitie of Two Thousand five Hundereth merks granted to her by the deceast John Home her husband owt of certaine Lands belonging to him And did violently Seaze upon the cornes upon the Saids Lands Standing in the feilds And offered to cary the Samen away by force and violence in ther naimes and cairts which they brought with them for that effect And the foirsaids tennents complainers to Save and preserve ther cornes from being distroyed and caryed away were forced to give bonds to the said Jean Home for certaine Soumes of money extending to the Soume of five Hundereth and fourtie Seven punds four Shilling Scotts conforme to a particular List and accompt therof given in with the said lybell and reported as a pairt of the lybell brevitatis causa which was most illegall and wnjust In so far as the said John Home had never any right to the Saids Lands nether did he give any Liferent infeftment to the said Jean Home of the Same nor are these Lands contained in her liferent infeftment or Decreit and Letters of poinding the ground nor was the heretors for the tyme nor the tenents of the Saids Lands called to any Such Decreit And no mans ground can be poinded be vertue of Letters of poinding of the ground albeit the persone at whose instance the Letters are raised had a right of annualrent out of the Lands (as the said Jean Home in this caice hes not) wnles the Lands be particularly mentioned in the decreit And the heretors and possessors of the Lands for the tyme be called And as a furder aggravatione of the saids crymes comitted by the said Jean Home George and James Rentounes and the other persones complained upon the tyme when they come to the ground to seaze upon the saids cornes Robert Clacksone Chamberland to the said Sir Patrick Home went first to the presence of the said Jean Home And then to the messinger And protested against the said pretended poynding as being most illegall and wnjust for severall reasones And particularly that the saids Lands were not comprehended within the Letters of poinding nor does the Samen mention any thing of the Saids Lands as appears by ane instrument produced And yet notwithstanding they proceeded in the said most wnust and illegall poinding and extorted the bonds from the tenents in maner above mentioned By which meanes the saids Lands is lyke to be Laid absolutely waist of all which crymes of wnwarrantable and wnlaufull convocationes of the Leidges wnjust and violent Seaseing upon the tenents cornes and wnlaufull oppressione The Said Jean Home George and James Rentownes and the other persones complained upon are gwiltie as actors airt and pairt and the said Jean Home ought to be decerned to deliver up to the saids complainers tenents of the saids Lands and aikers the severall bonds granted by them to her And She and the other persones complained upon ought to be lyable for the Soume of […] of Damnadges And otherwayes pwnished in ther persones and goods to the terror of others to comitt the lyke hereafter And anent the charge given to the haill forenamed persones defenders to have compeared personallie befor the Saids Lords at ane certaine Day now bygone to have ansuered to the foirsaid complaint And to have heard and Sein Such order and course taken theranent as the Saids Lords Should think fitt wnder the paine of rebellione And putting of them to the horne with certificatione etc As in the principall Letters or lybell raised in the said mater and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And the persewars compeareing pairtly personallie and pairtly by comissione granted by the absents to such as doe compear To compear and insist for them And Sir Patrick Home and Mr John Stewart Compeareing as advocats for the haill persewars And the haill defenders compeareing also personallie except Patrick Cockburne messinger And Archbald Purves in Plandergaist with Sir James Ogilvie And Mr Hew Dallrimple Advocats for the haill defenders The Lybell and ansuers therto for the saids Defenders being red And both pairties being fullie heard The saids Lords of his majesties privie Counsell Doe heirby remitt to The Lords of Counsell and Sessione to discuss the point of right Depending betuixt both pairties befor them And that Sumarly without abydeing the ordinar course of the roll reserveing the point of ryot to be considered and admitted to probatione be the Councell efter the point of right is dismist by the sessione As the saids Lords of his majesties privie Counsell Shall find Just