Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh the Twenty fourth day of September One thousand seven hundred years

D1700/9/3

D1700/9/3¹

Order

Act Duncan of Strathmartine

Anent a Petition given in to his Majesties Commissioner and the Lords of his Majesties privy Councill be Alexander Duncan of Strathmartine and Jannet Buntein his mother for her intrest Shewing That the petitioner did purchase the estate of Strathmartine from Thomas Wintoune Late heritor therof and being infeft upon his disposition was in peacable possession of the samen particularly the petitioner hade their family provisiones and plenishing within the house and haveing Laboured and sowen the Mayens were reaping in their harvest therof Bot the said Thomas Wintoune with his accomplices in armes upon the Twelth day of this moneth and watching till the gate was opened in the morning thronged in upon the servant who was opening it knocket him down and wounded him with the other servants of the house thrust out the petitioner Jannet Buntein and the rest of the family seazed all the petitioners effects and bolted the gates on the petitioners, besides many other violences and indignities which two of these servants were here ready to attest, Hereupon the petitioner applyed to the shirriff of Angus wher the petitioners house Lyes with a messinger who to faciltat the bussines did come to the house with the assistance of some of the Countrey and offered to put two Captiones in execution against the said Thomas Wintoune one wherof was upon a Letter of Laborowes obtained before the saids Lords, But they were violently deforced and the said Thomas with his accomplices not only resisted the making open doors bot Likewayes threatned to fire upon them and by severall opprobrious minaces Contemned his Majesties and the saids Lords authority as ane declaration under the hand of the sherriff and ane execution of deforcement under the hand of the messenger therwith produced would testifie and as ane evidence of his contempt and designe still to withstand the executione of the Law he hade put up a reid flag up on the towr of the said house Wherupon the petitioners most humbly represent That as this is a most attrocious intrusion on the petitioners house wherin they were peacably recideing under protection of the government and a most violent rifleing of the petitioners goods therein, and a most ruptous abuse of the persones of the petitioners and their servants so it was a most audatious Contempt of his majestie and the Saids Lords authority which if it should not be recently and summarly redressed these depredators might either run away with petitioners goods, or keeping garison in the house Marr their service of the maynes and by their sorning upon the tennents round about Likwayes ruin them at this Seasone of which manadgment the said Thomas Wintoune did give a former instance the last year for remeeding wherof he being put in prison upon the saids Lords Laborrowes he escaped lately by a false key and is the Course which he now takes upon his escape And Therfore Humbly Craveing the saids Lords would be pleased to provyd such remeed as they in their wisdome and Justice should think fitt, particularly of Collonell Fergusone regiment which lyes nixt adjacent at Pearth (The petitioners house being near Dundie) to assist the Shirriff and messingers in puting the Caption on the saids Lords Laborowes to effectuall execution and repossessing the petitioners their being no other ordinar remeedie left to the petitioners as appeared by the declaration and execution of deforcement abovementioned or to provyde such other speedie remeedy as the saids Lords should find expedient as the said petition bears His Majesties high Commisioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Alexander Duncan of Strathmartine and Jannet Buntein his mother with the declaration under the hand of the shirriff depute of Forfar and execution of deforcement under the hand of the messenger both mentioned in and produced with the said petition, They do hereby Recommend to the Earle of Strathmore shirriff principall of the Shyre of Forfarr had gives order and warrant to his depute to give his assistance to the petitioners and the messinger Imployed by them in puting to execution the above Captiones raised at the petitioners instance and in puting the petitioners in the peaceable repossession of the above house and estate of Strathmartine and appoints the said shirriff and his deputs and messenger to be Imployed to call his Majesties Leidges to² assist and concurr with them in the premisses and appoints his majesties Leidges to answer and obey the said shirriff or his deputs and messengers when they shall be called or requyred therto as they will be answerable according to the Lawes and acts of parliament of this kingdome, and have allowed and hereby Allowes the petitioners to raise a Lybell before the Councill at their instances against the said Thomas Wintounee of Strathmartine and his accomplices upon the acts of parliament for shifting and maintaineing houses against his Majestie and the government to be cited theron by a herauld to render and give up the same to the petitioner under the pain of Treasone, and ordaines Letters of horning on fifein dayes under the signet of Councill and others needfull to be direct here on at the petitioners instance against the said shirriff and his deputs and messengers to be Imployed by the petitioners.