Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs
D1698/1/19
D1698/1/191
Judicial Proceeding
Remit Sinclaire and Stewart Against Towne of Dumbarr
Anent the lybell or Letters of Complaint raised and persewed befor the Lords of privie Cownsell at the instance of Sir John Sinclaire of Longformachws and Jean Taillfer relict of wmquhill Captaine George Stewart Alias Maddam Stewart with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderurittin Makeing mentione That wher by the Lawes and acts of parliament all maner of oppressione and wnjust violence are prohibite and discharged And that for any of our Leidges Speciallie a burgh with ther magistrats and Commwnitie to oppress and Doe violence to ther neighboures in ther rights and possessione Is a cryme of a high nature and ought to be Severely pwnished Nevertheles It is of veritie that Robert Faa Robert Kirkwood and William Brysone Baillies John Kello Thesaurer Andrew Purves and […] Deans Magistrats and Counsell of the burgh of Dumbar for the tyme and ther Successors ever Since takeing the advantage that the Lands belonging to the saids Complainers lying in and about Dumbar and are bownded with the towne Comowne and Designeing to make these Lands wherof the saids magistrats of Councill or ther Successors inhabitants Are ordinarly tennents as cheape and to fall als much in the rentall as they can that they may constraine the saids complainers to Sett the Saids Lands to them allenarly and no others at what rates they please They doe Count upon the Saids complainers tenents and Lands adjacent as said is the particular oppressiones and violences eftermentioned viz primo almost ever Since the Late revolutiones uhen Souldiers came with orders aither for transient or Locall qwarters upon the said burgh and burgars therof the saids Magistrats and Councell have layed ane other proportione upon the saids complainers tennents ther burgars and therby have kept the rest of ther burgars frie Secundo that upon ane or other of the Dayes of October Jaj vic nyntie Six yeirs when by the order of the Viscount of Tiviot then commander in cheiff Captaine James Campbells troupe of Dragownes came from a moneths Subleing to qwarter in the said burgh and the Lands aboute and tho for the ease of the Cowntrie fowr paroches were Designed viz The paroches of Dumbar Spott Old Hamstocks and Innerweick yet Robert Kellie Robert Kirkwood and Thomas Brysone then abillies did qwarter upon the said Madam Stewarts tennents Archbald Greenlyes two Drummers without regaird that Archbalds wife was then lying in Deathbed upon baillie Rutherfurd the officers of the troupe upon George Livingtowne two Serjeants As also two horses upon one […] Niccollsone a tenent to the said Sir John All which tyme the troupe so qwartered had meat Drink and Straw without a farthing payment except what ther officers payed for themselvs when in the mean tyme ther were only four horse qwartered upon the whole paroch of Spott And these ordered to remove from one tennent to ane other by turnes Tertio upon the first second or ane or other of the dayes of December Jaj vic and nyntie thrie yeirs They made ane act in ther towne Cowncell wherby they not only discharge ther own burgars But likewise the neighboureing heretars to Lead any ware wnder the paine of five pwnd Scotts for everie cartfull wnles they payed a certaine high tack Dwety per annum for everie Cairt that they thought fitt to allow and accordingly forced Severall tenents to Comply to these oppressive orders Qwarto upon the […] day or ane or other of the dayes of […] Jaj vic nyntie Six yeirs They ordered David Kerr towne officer to goe to William Kirkwood towne clerk and tell him in name of the magistrats and Councell not to Suffer the said Madam Stewarts tenents to have ware yea not for money albeit they had forced them to pay the forsaid yeirly payment for ware as said is and William Bryson a present magistrat and Thomas Brysone his brother one of the Late magistrats threatned ther tenents to cast her Land in her own hand or otherwayes they wowld rwine them And furder the said William Brysone upon the […] day 2 Or ane or other of the dayes of October Jaj vic nyntie Six yeirs threatned the said Aladane Stewart upon the high Street telling her that nether She nor her tenents Should gett a Schoollfwll of mwck or ware no not for money And that if he gott his will nether She nor any of the tenents Should Sett a foot upon the high street or burgh Qwinto when the Saids Complainers were necessitat to Suspend the foirsaid oppressive act of the magistrats and towne Cownsell of Dumbar and to raise a Summonds of redwctione and declarator the bill was ordained to be Sein and a Sist granted in the mean tyme But in that Space the Saids Magistrats conveined Madam Stewarts tenents complainers in the bill at ther clerks house And threatned to rwine them if they would not Disclame the bill of Suspensione wnder ther hand And furder when after the Suspensione past Archibald Greenelies one of Madam Stewarts tenents begane to Lead ware as formerly they then threatned him that he Should pay well for it And accordingly in reveange upon the twentie third of Augwst Jaj vic nyntie Six yeirs when no grass is keeped by reasone of the herrin Drovers who lye upon it hundereds a night when the Said Archbald Greenlies and the said […] Niccollsone came over with ther horses for a start of ane qwarter of ane houre upon a Sandie brae called Kirkhill The said Baillie Kellie Sent William Robertsone officer and brought the saids horses by force to the baillies Stable and made the poor men pay ten pwnds Scotts each of them in name of a fyne Sexto they have of Late in the yeirs Jaj vic nyntie Six Jaj vic nyntie Seven Stopped the Carts of the Complainers tennents from Leading ware which is frie or atleast the Complainers had right and were in Long wse and possessione to Lead by frie wayes and passages And threatned them with fyneing if they Should offer to Lead and wairned them by ther officers for that effect as ane instrument taken theron bears And Septimo They qwarter Souldiers ordinarly upon the said Sir John Sinclaires tennents to Landward als well as in burgh Notwithstanding the orders for qwartering be upon the burgh And wheras the Said Sir John hes the Lands called Babarage and Broompark holden few of ws for a dwety almost eqwall to the value And he hes had a passage to and from these Lands through The townes Comon past memorie of man without interruptione yet of Late the Saids magistrats and Cowncell hath wnheard of the said passage and Doe molest his tenents in ther possessione ther of wherby they are Disabled to pay our few Dwetie By all which it is evident that the saids magistrats and towne Counsell are gwiltie airt and pairt of the foirsaids acts of oppressione and violence which they doe the more readiely practise and obstinatly mentaine Because they have the wse of the townes Comon good and pwrse which they urongousely Lavish out for ther own particular ends And not at all to the wtilitie and profite of the burgh which Deeds of oppressione Violence and maleversatione being proven the saids magistrats and towne Cowncell owght not only to be decerned to desist and find good Cawtione for that effect But also ought to be decerned to pay to the saids complainers each of them the Sowme of […] of Damnadges and expensses and ought also to be furder pwnished in ther persones and Goods As the Lords of our privie Counsell Shall Sie cause to the example and terror of others to Comit the lyke in tyme comeing And Anent the charge given to the saids defenders to have compeared personallie befor the saids Lords of his majesties privie Counsell at ane certaine day now bygone wnder the paine of rebellion etc As in the said lybell or Letters of Complaint with the executiones therof at more Lenth is contained Which lybell or Letters of complaint being this day called in presence of the saids Lords of his majesties privie Cownsell And the persewars Compeareing personallie with Sir James Stewart his majesties advocat Mr Hewgh Dallrimple and […] Sinclaire and Mr James Hamilton and Mr Archibald Sinclair ther Advocats And the defenders Compeareing all personallie also with Sir Patrick Home and Mr David Cwninghame and Mr John Fleeming and […] ther advocats The lybell and answers therto for the defenders being read The Saids Lords haveing heard both pairties Lawiers and haveing considered the Lybell and ansuers foirsaids made therto They heirby remit the points of the lybell anent the possessione and seaware and other points lybelled Except the qwartering to The Lords of Counsell and Sessione to be determined and discust by them And that Sumarly without abideing the course of the roll And refwises to Sustaine process at the persewars instance upon the point of qwartering in respect that the persones complained to have bein qwartered upon albeit they be tenents to the persewars yet they are not complaineing themselvs and they are also burgesses in the towne of Dumbar
1. NRS, PC2/27, 76v-79r.
2. The word ‘of’ scored out here.
1. NRS, PC2/27, 76v-79r.
2. The word ‘of’ scored out here.