Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twentie third of Jwny J^aj vi^c nyntie Six yeirs

D1696/6/18

D1696/6/18¹

Procedure: judicial proceedings

Remit James Browne against Fairly

Anent the lybell or Letters of complaint raised and perswed befor the Lords of his majesties privie Counsell at the instance of James Browne maltman in Dwnse with concurse of Sir James Stewart his majesties Advocat for his Highnes interest in the mater underuritten Makeing mention² That albeit the violent and unlaufull seazeing upon and carying away the goods and geir of our Leidges pretending to poind the Same for debt the ground of which Debt being Suspended And the Suspensione therof intimat to the pairtie poinder befor the pretended poinding be a cryme and ryot severely pwnishable by the Lawes of this and all other well governed nationes Yet trwe it is and of veritie that William Fairely Glover and brewer in Dunse haveing Stollen out and decreit in absence against the complainer James Browne befor the Commissars of Lawder upon the tenth day of December Last Against which Decreit the said complainer did humbly mean himself to our Lords of Counsell and Sessione and our saids Lords did most Justly grant ane Suspension of the foirsaid Decreit upon most relevant reasones which Suspensione is dated the twentie fifth day of December J^aj vi^c and nyntie five and Signet the Eight Day of Janwary J^aj vi^c and nyntie Six And which was intimat upon the threttie ine day of Janwary J^aj vi^c and nyntie Six be George Gardiner Shirreff in that pairt to the said William Fairley personallie apprehended befor two Subscribeing wittnesses As the executione of the intimatione therwith produced will testifie And yet notwithstanding that the said William Fairly was putt in mala fide by the foirsaid Suspensione and intimatione therof from troubleing or molesting the said complainer be vertue of the foirsaid pretended Decreit till the Suspensione were discust He the said William Fairly Thomas Balfoure messenger in Dwnse Thomas Fairly glover ther William Fairly glover ther his brother […] Fairy³ glover ther Adam Fairly glover ther Thomas Simpsone glover ther and Andrew Bowstowne brewer ther in manifest contempt of our authoritie and acts of parliament this kingdome And of the awthoritie of the high Court of our Lords of Sessione Did in a most wnwarrantable and tumultwows maner come to the said complainers house on the twentie third day of Janwary Last and did in a most violent maner take away from the said James Browne Complainer two Caldrons to the value of Ane Hundereth punds Scotts As also ane malt kilne haircloath worth ⁴ Fourtie punds to the great hurt and detriment of the said complainer by casting him out of brewing for want of Loomes And to the said complainer loss of twentie boles of malt which was then readie imediatly to have bein killned And albeit that the said ⁵ James Browne complainer did imediatly efter that the said William Fairly and his accomplices had violently taken away the foirsaids goods requyre them to deliver the Same book in respect the Suspensione and intimat one forsaid was sent to Edinburgh to Stopp any protestatione that might be pwt up ther against And offered to prove by the said William Fairlyes oath that the said Suspensione was intimat to him befor the takeing away the goods yet he would noe wayes restore the same As ane instrument taken therupon in the hands of John Crafurd notar publict of the date of the takeing away the saids goods which was upon the twentie third day of Janwary Last Subscribed by the said notar and two wittnesses Likewayes produced with the said Lybell will testifie By all which it may evidently appear to the Lords of our privie Counsell that the persones above complained upon are gwiltie of ane high and manifest ryot in away takeing of the said complainers goods and geir above lybelled And therfore owght and Should not only be decerned and ordained Conjunctlly and Severally by our Saids Lords Decreit and Sentance to restore and redeliver back again to the said James Broune complainer the foirsaids goods geir most wnjustly and wnwarrantably taken away and detained by them in als good caise and conditione as they were in when taken away or els the availl and prices above Sett doune But Likewayes ought and Should be decerned in the Soume of […] of Damnadges and expensses for the complainers wse And also furder pwnished in ther persones and goods to the example and terror of others to committ the lyke in tyme Comeing And anent the charge given to the saids Defenders to have compeared personally befor the saids Lords of our privie Counsell at ane certaine day now bypast to have ansuered to the grounds of the above written complaint And to have heard and Sein Such order and course taken theranent as the saids Lords Should think fitt under the paine of rebellione As in the principall Letters of complaint and executiones therof at more lenth is contained which lybell being upon the twentie fifth of febrwary Last bypast called in presence of the saids Lords of privie Counsell And the persuer compeareing personallie with Mr John Kincaid his advocat And the haill Defenders compeareing also personallie, except Thomas Simpsone glover and Andrew Bowstowne brewer in Dwnse with Sir Patrick Home advocat for the haill defenders The lybell and ansuers therto being read and both pairties Lawiers being fullie heard The Cowncell admitted the lybell to the persuers probation And Severall of the wittnesses being present and haveing made faith The Cowncell appointed a comittie to examine them Which Comittie haveing accordingly mett they examined diverse and sundrie famows wittnesses who being all solemnly sworne and interrogat deponed and declaired as ther oaths and depositiones extant in proces Bears And the said lybell being this day called in presence of the saids Lords of his majesties privie Counsell And the Saids Lords haveing considered the said lybell with the depositiones of the wittnesses adduced befor the saids Lords for proveing the lybell They heirby remit the mater lybelled to be insisted in and Discust by The Lords of Sessione in the ordinary forme and manner