Procedure, 8 November 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Eight day of November Jaj vjc and nyntie tuo years

A1692/11/161

Procedure

Remitt Lord Ormistoune against Serjeant Bland

Anent our Soveraigne Lord and Ladyes Letters raised and persued before the Lords of there Majesties privie Councill at the Instance of Adam Cockburne of Ormistoun James Cairnes tennent there Jean Greive there and Sir William Lockhart there majesties sollicitor in the matter underwreitten mentioneing That where by the Lawes and acts of parliament of this kingdome And by the Custome and practice of this and all other well governed nationes The maisterfull away takeing of the subjects goods who are Liveing peaceably at home without there consent or order of Law And the Compelling and forceing our Leedges by threattneng and armed men to services and Carriadges which they are not bound to in Law Especially the forceing of them to carry the goods so unwarrantably robbed and plundered to the places where the plunderers reside are Crymes of ane high nature and severely punisheable As also that the open and avowed Invaiding with armed men the duelling houses of our subjects who are Liveing peaceably at home And which houses the Law hes made there safety from all Injury and wrong is a great ryot Especially when done to Gentlemen and persones of quality And that the maisters of the family his freinds and children are hundered from the use of some roumes whereof they hade necessarie use and turned out of there roumes whereof they had present use and horse turned out of a mans oune stable Lykeas the violent and maisterfull takeing away of horse meat and mans meat without consent or order of Law from our subjects Liveing peaceably in there oune houses Is a manifest robbery and oppression Especially when the said horse meat and mans meat wes within Lockfast roumes and the doors violently forced and broke open And that not only once but severall tymes by the Invaders And when the meat and drink so taken out not not2 only made use of by the saids Invaiders for there oune use Bot in a most Insolent maner as if they hade been maisters of the house Ryotously disposed on and prodigallie squandered away for Entertaining there acquantances that came to see them And which crymes of robbery and oppressione are severely punisheable Especially when accompanyed with severall aggravating Circumstances such as undecent Carriadge and Insolent Languadge by mean men to persones of quality And when such violence and Insolencies are Committed and acted under cloud of night or in tyme of divyne service on the Lords Day And when done acted and Comitted by officers and souldiers who are raised and mantained by us for preservatione of the rights and Libertyes of our subjects And the beatting and bruising of persones without any Just cause or provocatione are all crymes of ane high nature and severely punisheable Nevertheless It is of verity That John Blan serjeant to Collonel Cunninghames oune troop of dragoons Came accompanyed with three others his accomplices armed with pistolls and swords upon the Eleaventh of october Instant to the Lands of Ormistoun And efter threattening and violence did forceably take away ane Cairt and three horses belonging to the said Jean Grieve the Length of the Lands possest be the said James Cairnes And there by force and violence took alse much hay belonging to the said James as Loaded the said Cairt And which Cairt full of hay they did by force dryve to Prestoun the place of there residence at that tyme Notwithstanding that Adam Cockburne of Ormistoun one of the Compleaners hade sent his servant William Somervell to know the cause of that oppressione which William Somervell The said John Bland did beat at that tyme And which Messadge from the Laird of Ormistoun Compleaner The said John Bland wes so much offended at that upon Saturday the Fyfteint Instant He came to the said Compleaner his house of Ormistoun with threttein of his accomplices armed with fyre Locks Swords and pistolls And in a maisterfull way Did enter the said house And went in to the Kitchen where they did hynder the Compleaners Cook To make readie supper for the family In which severall persones of quality who are his near relationes doe recide And that by offering to take away what the Cook should make readie Efter which the said John Bland with his accomplices Came in a most Insolent maner up unto the Compleaners Dyneing roome where he and the family attending supper whom the said John Bland and his accomplices turned out thereof By telling them that they were not used to stay in Kitchens And that they behooved to have that roume where throw the said Compleaner and his family were forced to Leave the same Like as The said John Bland and his accomplices did that day Lay violent hands upon William Kelman the Compleaners Coatchman who hade Locked the compleaners stable and took the keyes from him opened the Compleaners stable door and put in Fourteen horses belonging to them therein And therefter turned out fyve of the Compleaners oune horse As Lykewayes the said John Bland and his accomplices that day did break up the Compleaners girnells and took out thereof such quantityes of corne as they thought Meet And sicklyke that day broke up the Compleaners hay Loft and took out thereoff what they thought fitting And therefter the said John Bland his malice not being satisfyed with these Insolencies and oppressione he and his accomplices Did under cloud of night break up the Compleaners Larder and Cellar and took furth thereof of the meat and drink Laid in and provyded for the said Compleaners oune familie And the next day therefter being Sunday The said defender and his accomplices (while the Compleaner and his family were at sermone) Did break up the Corne girnell for a second tyme Wpon which the said Compleaners servants hed Caused putt on the Lock after it wes first broken up And being asked by John Spavine the Compleaners servant why they did so the tyme of divyne service They ansuered, The Devill Confound yow Divyne Service, Generall assemblie and altogether and upon monday being the seventeint Instant The said John Bland his malice to the said Compleaner still Continuweing He and his accomplices did break up the Corne Girnell for a third tyme Took out thereof Corne as before And broke up the Compleaners Laardner and Cellar that day for a second tyme out of which They took out not only meat and drink for there oune use But also in a most Insulting maner as If the said John Bland hed been ouner of the said Lardner and Cellar He did Ryotously Entertaine three of his acquantances that came to visite him By makeing them eat and drink with him At which Conversatione amongst other Insolent expressions This wes one God Damne the Laird For he wes a damned presbiterian Thereby Cursing the Compleaner Because he supposed he wes well affected to the Government Established by Law And when one of the Compleaners servants hade asked the said John Bland and his accomplices how they came to beat the Lairds Groom on the tuesday preceeding They ansuered if the Lord hade been there himself They would have beatten him3 By all which tract of robberyes oppressions and Insolencies The said John Bland who is Imployed and payed for mantaining the rights and Libertyes of the subjects Is Guilty of ane high and manifest ryot done In Contempt of there majesties there authority and Lawes And ought to be severely punished in his goods and persone to the terror of others to comitt the Lyke in tyme comeing And Anent the Charge Given to the said John Bland defender To have Compeared befor the saids Lords of there majesties privie Councill at Edinburgh or where it shall happen them to be for the tyme at ane certain day bgyone To ansuer to the poynts of the above wreitten Complaint And to hear and see such order and course taken thereanent as the saids Lords should think fitt with Certificatione to him If he failzied The Saids Lords would proceed and doe in the said matter as they should find Cause As the saids Letters and executiones thereof at more Length bears Which being called In presence of the saids Lords upon the third day of November instant and the persewer Compearing personally with Mr David Forbes advocat his procurator And the defender Compearing also with Mr David Cunninghame and Mr David Douglas advocatts his procurators The Saids Lords of there Majesties privie Councill Haveing considdered the Lybell with a petition Given in be way of ansuer thereto for the defender And that the defender hes acknowledged at the barr that he hade no order to quarter upon the persewer nor to doe what he did in the above matter They admitt the Lybell to the persewers probatione And the witnesses cited haveing all Compeared personally and made faith at the barr The Saids Lords nominates and appoints Mr Frances Montgomery and Sir Patrick Murray to be a Comittee for Examineing the saids witnesses And reserves all objectiones which may be made againest the saids witnesses To be proponed and discussed befor the Comittee And ordained the macers of Councill to Carry the defender from the barr to the tolbooth of Edinburgh And ordained him to remaine prisoner therein untill further order And The Saids Lords of privie Councill haveing this day again Considered the said Lybell with the ansuers Given in for the persewer to the defenders petitione abovewritten And the depositiones of the witnesses adduced befor the Comittee They Find the same most4 Competent to be persewed befor the Criminall court and Lords of Justiciary And therefore Remitts Serjeant Bland the defender to the Lords Commisioners of Justiciarie And recomends to Sir William Lockhart to raise a Criminall Lybell or Indytement againest the said serjeant before the saids Lords And prosecute the same with all expedition And in the mean tyme ordaines the defender to continow prisoner And allowes the Laird of Ormistoun to raise and prosecute Lybells or Indytements befor the Lords of privie Councill or the Lords Comissioners of Justiciarie againest […] Ogilvie who wes on of the defenders accomplices in the crymes Lybelled or any other of these accomplices

At Edinburgh 8 November 1692

A1692/11/161

Procedure

Remit Lord Ormiston against Sergeant Bland

Concerning our sovereign lord and lady’s letters raised and pursued before the lords of their majesties’ privy council at the instance of Adam Cockburn of Ormiston, James Cairns, tenant there, Jean Greive there, and Sir William Lockhart, their majesties’ solicitor in the matter underwritten, mentioning that where by the laws and acts of parliament of this kingdom and by the custom and practice of this and all other well governed nations, the masterful taking away of the subjects’ goods who are living peaceably at home without their consent or order of law, and the compelling and forcing [of] our lieges by threatening and armed men to services and carriages which they are not bound to in law, especially the forcing of them to carry the goods so unwarrantably robbed and plundered to the places where the plunderers reside, are crimes of a high nature and severely punishable. As also that the open and avowed invading with armed men [of] the dwelling houses of our subjects who are living peaceably at home, and which houses the law has made their safety from all injury and wrong, is a great riot, especially when done to gentlemen and persons of quality, and that the masters of the family, his friends and children are hindered from the use of some rooms whereof they had necessary use and turned out of their rooms whereof they had present use, and horse turned out of a man’s own stable. Likewise the violent and masterful taking away of horse meat and man’s meat without consent or order of law from our subjects living peaceably in t their own houses is a manifest robbery and oppression, especially when the said horse meat and man’s meat was within locked rooms and the doors violently forced and broke open, and that not only once but several times by the invaders, and when the meat and drink so taken out not only made use of by the said invaders for their own use, but in a most insolent manner, as if they had been masters of the house, riotously disposed of and prodigally squandered away for entertaining their acquaintances that came to see them. And which crimes of robbery and oppression are severely punishable, especially when accompanied with several aggravating circumstances such as indecent carriage and insolent language by mean men to persons of quality, and when such violence and insolences are committed and acted under cloud of night or in time of divine service on the Lord’s day, and when done, acted, and committed by officers and soldiers who are raised and maintained by us for preservation of the rights and liberties of our subjects, and the beating and bruising of persons without any just cause or provocation, are all crimes of a high nature and severely punishable. Nevertheless it is of verity that John Bland, sergeant to Colonel Cunningham’s own troop of dragoons, came accompanied with three others his accomplices, armed with pistols and swords upon 11 October instant to the lands of Ormiston. And after threats and violence did forcibly take away a cart and three horses belonging to the said Jean Grieve the length of the lands possessed by the said James Cairns, and there by force and violence took as much hay belonging to the said James as loaded the said cart. And which cart full of hay they did by force drive to Preston, the place of their residence at that time, notwithstanding that Adam Cockburn of Ormiston, one of the complainers, had sent his servant William Somervell to know the cause of that oppression, which William Somervell the said John Bland did beat at that time. And which message from the laird of Ormiston, complainer, the said John Bland was so much offended at that upon Saturday 15 instant he came to the said complainer his house of Ormiston with thirteen of his accomplices armed with firelocks, swords, and pistols, and in a masterful way did enter the said house and went into the kitchen, where they did hinder the complainer’s cook to make ready supper for the family, in which several persons of quality who are his near relations do reside, and that by offering to take away what the cook should make ready. After which the said John Bland with his accomplices came in a most insolent manner up unto the complainer’s dining room, where he and the family [were] attending supper, whom the said John Bland and his accomplices turned out thereof by telling them that they were not used to stay in kitchens, and that they behoved to have that room, wherethrough the said complainer and his family were forced to leave the same. Likewise the said John Bland and his accomplices did that day lay violent hands upon William Kelman, the complainer’s coachman, who had locked the complainer’s stable and took the keys from him, opened the complainer’s stable door, and put in fourteen horses belonging to them therein, and thereafter turned out five of the complainer’s own horses. As likewise the said John Bland and his accomplices that day did break up the complainer’s girnels and took out thereof such quantities of corn as they thought fit. And suchlike that day broke up the complainer’s hay loft and took out thereof what they thought fitting. And thereafter the said John Bland, his malice not being satisfied with these insolences and oppressions, he and his accomplices did under cloud of night break up the complainer’s larder and cellar and took forth thereof of the meat and drink laid in and provided for the said complainer’s own family. And the next day thereafter, being Sunday, the said defender and his accomplices (while the complainer and his family were at sermon) did break up the corn girnel for a second time, upon which the said complainer’s servants had caused put on the lock after it was first broken up, and being asked by John Spavine, the complainer’s servant, why they did so [during] the time of divine service, they answered, ‘the devil confound you divine service, general assembly and altogether’. And upon Monday, being 17 instant, the said John Bland, his malice to the said complainer still continuing, he and his accomplices did break up the corn girnel for a third time, took out thereof corn as before, and broke up the complainer’s larder and cellar that day for a second time, out of which they took not only meat and drink for their own use, but also in a most insulting manner, as if the said John Bland had been owner of the said larder and cellar, he did riotously entertain three of his acquaintances that came to visit him by making them eat and drink with him. At which conversation, amongst other insolent expressions, this was one: ‘God damn the laird for he was a damned Presbyterian’, thereby cursing the complainer because he supposed he was well affected to the government established by law. And when one of the complainer’s servants had asked the said John Bland and his accomplices how they came to beat the laird’s groom on the Tuesday preceding, they answered ‘if the Lord had been there himself, they would have beaten him’. By all which tract of robberies, oppressions, and insolences, the said John Bland, who is employed and paid for maintaining the rights and liberties of the subjects, is guilty of a high and manifest riot, done in contempt of their majesties their authority and laws, and ought to be severely punished in his goods and person, to the terror of others to commit the like in time coming. And concerning the charge given to the said John Bland, defender, to have compeared before the said lords of t their majesties’ privy council at Edinburgh, or where it shall happen them to be for the time, at a certain day bygone to answer to the points of the above written complaint, and to hear and see such order and course taken therein as the said lords should think fit, with certification to him if he failed [that] the said lords would proceed and do in the said matter as they should find cause, as the said letters and executions thereof at more length bear. Which being called in presence of the said lords upon 3 November instant, and the pursuer compearing personally with Mr David Forbes, advocate, his procurator, and the defender compearing also with Mr David Cunningham and Mr David Douglas, advocates, his procurators, the said lords of their majesties’ privy council having considered the libel, with a petition given in by way of answer thereto for the defender, and that the defender has acknowledged at the bar that he had no order to quarter upon the pursuer, nor to do what he did in the above matter, they admit the libel to the pursuer’s probation. And the witnesses cited having all compeared personally and made faith at the bar, the said lords nominated and appointed Mr Frances Montgomerie and Sir Patrick Murray to be a committee for examining the said witnesses, and reserved all objections which may be made against the said witnesses to be preponed and discussed before the committee, and ordained the macers of council to carry the defender from the bar to the tolbooth of Edinburgh, and ordained him to remain prisoner therein until further order. And the said lords of privy council having this day again considered the said libel, with the answers given in for the pursuer to the defender’s petition above written, and the depositions of the witnesses adduced before the committee, they find the same most competent to be pursued before the criminal court and lords of justiciary. And therefore remit Sergeant Bland, the defender, to the lord commissioners of justiciary, and recommend to Sir William Lockhart to raise a criminal libel or indictment against the said sergeant before the said lords, and prosecute the same with all expedition. And in the meantime ordain the defender to continue prisoner, and allow the laird of Ormiston to raise and prosecute libels or indictment before the lords of privy council or the lord commissioners of justiciary against […] Ogilvie, who was on of the defender’s accomplices in the crimes libelled, or any other of these accomplices.

1. PC1/48, 439-43.

2. Sic.

3. A scored-out, illegible word appears here.

4. Inserted above the line.

1. PC1/48, 439-43.