Act, 27 December 1694, Edinburgh

Edinburgh the Fourth day of December J^aj vj^c nyntie four years

D1694/12/2

D1694/12/2¹

Procedure

Remitt M’Culloch contra Gordon of Barricharow

Anent the Letters or Complaint raised and pursued before the Lords of their Majesties privy Councill at the instance of John McCulloch oyl and air at least appearand air to the deceast Hendry McCulloch his uncle with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Making Mention That albeit that by the Lawes and acts of this and all weell governed Kingdomes and Comonwealths the violent and masterfull intruding into other mens houses who are in the Lawfull natural and peacable possessione therof and the stocking and quenshing out of their fyyres by watter by watter² and kindling of the same of new againe in the name and behalf of the intruder by force and violence without order of Law and threatning and minacing the tenents who hade formerly still been in peacable possessione by tacks or warrand from their former masters and the threatning of them to disoune their former masters and to acknowledge only the Intruder and oppressour as their true master under sever Certificationes if they doe otherwayes and particularly by the Civill Law the intruding into the possessione of a persone lately dead before the entrie and possessione of the appearand air are Crymes of a high nature and severly punished and expressly discharged by the title de Crimie expilate hereditatis yet true it is that the said deceast John McCulloch of Barholme goodsire to the said pursuer dureing all the dayes of his Lifetime and after his Decease the said Hendry McCulloch eldest sone to the said John McCulloch and uncle to the said pursuer dureing his lifetime also did peacably bruik Joy and possess the Lands of Longmollne Lying within the parochin of Annwoth and Stewartrie of Kirkcudbright be themselves and their tenents in ther name as their oun proper heritadge and possessione without the least disturbance nevertheless It is of verity That Robert Gordon of Barharrow haveing shaken of all fear of God Regaird to the saids Lawes and comon³ mortality among man kynd did come upon the fiftein day of may Last by past (which wes the very same day that Hendry McCulloch late of Barholme was buried) to the house of Thomas Carnochin, William Bell, Jannet Cuninghame Thomas Haggart tennents in Lagganmellen and he and his accomplices did unshutt the doors and enter the houses of the saids tennents in ane hostile maner at the precise times they were at their masters buriall and in a hectoring and minaceing maner stoakned out their fyres and kendled them in his oun name and vowed and protested that if they ouned any other persone then ⁴ himself he would doe them a mischief and upon the Contrair promised them ane ease if they would oune him and disoune the said pursuer as ther masters who has right therto, and as appearand air forsaid so gross was his violence and Oppression That Imediatly therafter he went to the saids lands of Logganmellen and Cutted doune the planting and growing timber therof and frequently since syne has done the same Wherby he will destroy the haill growing timber upon the Land if he be supposed ⁵ to Continue so to doe, and by the forsaid violence done to the tenents will Cast the Land waist Wherthrow the said Robert Gordon is Guilty of ane high and manifast Ryot and oppressione of the Leidges and ought and should not only to be severly punished in his persone and goods to the terror of others to Comitt the like in time comeing But Likewayes ought to be ordained by sentance of the Lords of privy Councill before he be suffered to pass from the barr to find suficient Cautione not to disturb the said pursuer or his tennants in time comeing otherwayes then be order of Law under the paine of five thousand merks scots And Anent the Charge given to the saids defenders to have Compeired personally before the saids Lords at ane Certain day now bygone To answer to the points of the above Complaint and to have heard and seen such orders Course taken theranent as the saids Lords should think fitt under the pain of Rebellion and as at more length is Contained in the principall letters or Complaint and executiones therof at more length is Contained Which Lybell being Called this day in presence of the saids Lords of their majesties privy Councill and the pursuer Compeiring personally with Sir James Ogilvie and Mr Alexander Ferguson his advocats And the defenders Compeiring alsoe personally with Mr David Cuninghame his advocat and both parties being fully heard The saids Lords haveing Considered the forsaid Lybell and answers made therto for the defender They heirby Remitt the matter Lybelled to be insisted in and determined by the Judge ordinary as accords of Law.