Procedure: remission, 29 January 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/401

Procedure: remission

Remitt Stivenson and Greir Against Greg and Malloch

Anent Our Soveraigne Lord and Ladies Letters raised and pursued before the Lords of their Majesties privy Councill at the instance of John Stivensone smith in Leith and Sarrah Grier his Wife Mentioning That wher the violent intrudeing in other mens Lands and the ejecting of the Righteous propriators and ther tennets from the legall Just and peacable possessione of the same and that without any Collour or pretence of Law are Crymes of a high Nature and Severly punishable yet true It is That upon the Twenty seventh day of March Last by past James Greig barbour in the Cannogate and Robert Malloch merchant in Edinburgh with severall others ther accomplices Did come to the tenement of land in North Leith pertaineing to the saids pursuers and ther by Open violence in a most Illegall and violent maner sumarly at their oun hands did eject Isobell Forrest and Christian Barclay tenents to the pursuers in one of the houses of the said tenement and did break open the doors of that and the remanent houses of the said tenemant and did eject and Cast out David Duncan seaman out of his legall and peaceable possesione and forced the rest of the tennants to take ther housses of them and did strick of Locks from off2 all the Doors of the saids housses and put new Locks of ther oun, and did severall other acts of Ryot violence and oppressione and at last Did enter themselves to the violent and wrongeous possessione of the said pursuers lands and severall housses therof, Wherof the saids pursuers were in the legall and peacable possessione and all this without any title Collour or pretence of Law Wherby it may evidently appear to the Lords of privy Councill that the said James Greig and Robert Malloch and ther saids accomplices are guilty of ane high and manifast Ryot injurie and oppressione Contrary to the Lawes and acts of parliament in this kingdome And Therfore they ought and should be Decerned be the saids Lords ther Decreet not only to restore and reenter the said pursuers to ther Legall and peacable possession of ther said tanement and haill housses therof to be peacably enjoyed and possessed be them and ther tennents in time Comeing as they brooked and possessed the same before the said James Greig and Robert Malloch ther violent intrussione therin They should be Decerned to decist from all farder troubling and molesting them in ther possession in time comeing, But also they ought and should be Decerned to make payment to the saids pursuers of the soume of ane Thousand merks Scots money for Coast skaith damnadge and expenses sustained be them in the said matter, And besides should be severly punished in ther persones and Goods to the terror of others to Comitt the like in time Comeing and Anent the Charge given to the saids defenders To have Compeired before the saids Lords upon ane Certaine day bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertained under the paine of Rebellione with Certificatione etc as the said Lybell and executiones more fully bears The Which Lybell being upon the thretein day of Aprill Jaj vjc nyntie thrie years Called in presence of the saids Lords And the pursuers Compeiring personally with Sir James Ogilvie ther majesties solicitor and Mr David Douglas ther advocats And the defenders Compeiring also personally with Sir Robert Coult ther advocat The saids Lords haveing heard both parties and ther advocats and Considered the Lybell and answers therto They Remitted to a Committie of ther oun number to examine the witnesses Cited Compeiring and makeing faith at the barr and accordingly the said Committie haveing mett they examined Diverse famose Witnesses as their oathes and Depositiones extant in proces bears And the said Lybell being this day againe Considered The saids Lords of his Majesties privy Councill have Remitted and heirby Remits the same to be persewed Insisted in and determined before the Judge ordinary.

Edinburgh The Twentie nynth day of January Jaj vjc nyntie five years

D1695/1/401

Procedure: remission

Remitt Stivenson and Greir Against Greg and Malloch

Anent Our Soveraigne Lord and Ladies Letters raised and pursued before the Lords of their Majesties privy Councill at the instance of John Stivensone smith in Leith and Sarrah Grier his Wife Mentioning That wher the violent intrudeing in other mens Lands and the ejecting of the Righteous propriators and ther tennets from the legall Just and peacable possessione of the same and that without any Collour or pretence of Law are Crymes of a high Nature and Severly punishable yet true It is That upon the Twenty seventh day of March Last by past James Greig barbour in the Cannogate and Robert Malloch merchant in Edinburgh with severall others ther accomplices Did come to the tenement of land in North Leith pertaineing to the saids pursuers and ther by Open violence in a most Illegall and violent maner sumarly at their oun hands did eject Isobell Forrest and Christian Barclay tenents to the pursuers in one of the houses of the said tenement and did break open the doors of that and the remanent houses of the said tenemant and did eject and Cast out David Duncan seaman out of his legall and peaceable possesione and forced the rest of the tennants to take ther housses of them and did strick of Locks from off2 all the Doors of the saids housses and put new Locks of ther oun, and did severall other acts of Ryot violence and oppressione and at last Did enter themselves to the violent and wrongeous possessione of the said pursuers lands and severall housses therof, Wherof the saids pursuers were in the legall and peacable possessione and all this without any title Collour or pretence of Law Wherby it may evidently appear to the Lords of privy Councill that the said James Greig and Robert Malloch and ther saids accomplices are guilty of ane high and manifast Ryot injurie and oppressione Contrary to the Lawes and acts of parliament in this kingdome And Therfore they ought and should be Decerned be the saids Lords ther Decreet not only to restore and reenter the said pursuers to ther Legall and peacable possession of ther said tanement and haill housses therof to be peacably enjoyed and possessed be them and ther tennents in time Comeing as they brooked and possessed the same before the said James Greig and Robert Malloch ther violent intrussione therin They should be Decerned to decist from all farder troubling and molesting them in ther possession in time comeing, But also they ought and should be Decerned to make payment to the saids pursuers of the soume of ane Thousand merks Scots money for Coast skaith damnadge and expenses sustained be them in the said matter, And besides should be severly punished in ther persones and Goods to the terror of others to Comitt the like in time Comeing and Anent the Charge given to the saids defenders To have Compeired before the saids Lords upon ane Certaine day bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertained under the paine of Rebellione with Certificatione etc as the said Lybell and executiones more fully bears The Which Lybell being upon the thretein day of Aprill Jaj vjc nyntie thrie years Called in presence of the saids Lords And the pursuers Compeiring personally with Sir James Ogilvie ther majesties solicitor and Mr David Douglas ther advocats And the defenders Compeiring also personally with Sir Robert Coult ther advocat The saids Lords haveing heard both parties and ther advocats and Considered the Lybell and answers therto They Remitted to a Committie of ther oun number to examine the witnesses Cited Compeiring and makeing faith at the barr and accordingly the said Committie haveing mett they examined Diverse famose Witnesses as their oathes and Depositiones extant in proces bears And the said Lybell being this day againe Considered The saids Lords of his Majesties privy Councill have Remitted and heirby Remits the same to be persewed Insisted in and determined before the Judge ordinary.

1. NRS, PC2/25, 160r-161r.

2. Insertion.

1. NRS, PC2/25, 160r-161r.

2. Insertion.