Edinburgh the nynteinth day of June J^aj vj^c nyntie four years

D1694/6/7

D1694/6/7¹

Decreet

Decreet absolvitor Kaitloch against Maitland etc

Anent the lybell or Complaint raised before the Lords of their majesties privy Councill be Mr John Maitland late schoolmaster at Glencairne with Concourse of Sir James Stewert their Majesties advocat for their highnes intrest in the matter underwritten Making mentione That quher albeit by the Comon law of all weell governed nationes and the municiple law of this Kingdome and by severall acts of parliament of this kingdome and Constant custome therof The assaulting and invading of any of their majesties leidges in any hostile and arbitrary maner especially wher the samen is done out of designe and under Cloud of night not only to frustrat their majesties lawes and the executione therof but likewayes to terrifie and threaten the persones so assaulted To Grant to the assaulters what ever they shall demand or desire are crymes of ane high nature, and severly punishable, Yett nevertheless It is of verity that the pursuer having served as publict schoolmaster within the parochin of Glencairne for Threttein years togither without interuptione wherby his extraordinary paines in attending therof, has not only rendered himself incapable to exercise that or any other office ther That he is not only reduced to great poverty but likewayes become almost deaff and ther being a particular sallerie appoynted to be payed him be the respective heretors and others in the said parish and particularly the annualrent of ane mortified summ due be and in the hands of William Fergusone of Caitiloch and his father and the said pursuer haveing intented proces before the Lords of Councill and Sessione against him and Severall other heritors and tennents in the said parish for payment of their respective proportiones of his small sallerie and obtained decreet theron and Caused charge them therfore They Suspended the same against which suspension he obtained protestatione and Caused extract the same, and raised Captione on his former dilligence in order to cause put the same to executione and the said William Fergusone younger of Catiloch getting notice therof and shaking of all fear of God and regaird to their majesties their authoritie and lawes did upon the nynth or tenth dayes of January J^aj vj^c nyntie four years instant or ane or other of the saids dayes accompanied with John Wilsone wright in Bridgend and Robert Thomsone servitor to Mary Cuninghame in Over Kirkcudbright and severall other his accomplices came to the house of Robert Maitland smith in Munyaive his brother wher he said the pursuer stayed for the time about Eleven or twelue accloak at night armed with Swords and Charged Pistolls and other offencive armes and ther the said William Fergusone and others his accomplices did in a most treacherous way and maner knock at the door of the said house and desyred to be in pretending that he was under Caption in the hands of William Gibsone messenger at the said pursuers instances and desyreing only to comon with him theranent and the said Robert Maitland therupon opened the door and finding that the messingor was not ther did indeavor to closs the samen and held out the said William Fergusone and his accomplices But he at least his accomplices be his directione and order did force up the door and violently entered the said house wher they used many threatnings and minaces against the said pursuer forced him to rise out of his bed wher he was asleep and therafter caried him to the house of William Thomsone Smith in Bridgend of Crichan and ther after many minacings and threatnings used be the said William Fergusone against him and and² pulling the pursuers hatt from his head and threw it into the fire, The said pursewer being terrified and feared to be bereaved of his life by the said threatnings minaceings and un Christian dealling that he was necessitate to grant a stop to the dilligence at his instance against the said William Fergusone untill Munday nixt therafter against which time he hade a new suspensione procured of the forsaid decreet protestatione and dilligence raised theron And Furder to clear his villianous and treacherous designe and to shew all present that he hade accomplished the samen he Immediatly after extorting the said stopt to the dilligance did Cause discharge his pistolls, Which no doubt he had designed for a worse use and end if he hade not got his most false and treacherous Designe accomplished in maner forsaid And said it was a shame for any in the parish of Glencairne to be either poynded or taken with Captione wherby it is evident that the said William Fergusone and his accomplices are guilty of ane high and manifast ryot and Contempt of ther majesties authoritie and Lawes in Invadeing and assaulting the said Robert Maitlands house and freighting his wife and Childrein and forceing the said pursuer to rise out of his bed and goe to another house with him and therafter not only threatining him by many approbrious expressiones but by throwing his hatt in the fire, and extorting from him the stop to the said dilligence by the indirect wayes and methods abovementioned and severall others By all which the said William Fergusone and his accomplices ought to be severly punished in their persones and Goods to the terror of Others to doe the like in time comeing And Anent the Charge given to the said defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the above Complaint and to have heard and seen such order and Course taken theranent as appertaines as in the principall letters or lybell raised in the said matter and executiones therof at more length is Contained Which lybell being upon the fourteinth day of June instant Called in presence of the saids Lords of privy Councill and the pursuer Compeiring personally with Sir James Ogilvie and Mr Alexander Fergusone his advocat, And the defender Compeiring alsoe personally with Mr David Cuninghame his advocat The Lybell and answer therto being read and both parties advocats fully heard The Lords Ordained the witnesses to be examined who being all present made faith at the barr and the Councill appointed a Comittie to examine them, Which Comittie haveing mett and examined diverse and sundrie famous witnesses They all deponed as their oathes and depositiones extant in proces bears And the saids Lords having this day Considered the lybell with the depositions of the witnesses Togither with a petition for the defender and another for the witnesses Craveing Expences, They Find the lybell not proven And Therfore Have assoylzied and heirby assoylzies the above William Fergusone younger of Caitiloch from the points and articles of the said lybell and Declairs him quyte therof and free therfrae in all time comeing And Decernes and Ordaines the above Mr John Maitland pursuer to make payment to Robert Greirsone in Monyhyve John Niviesone miller in Cranduroch Jannet Cassiun relict of William Thomsone Smith at Bridgend of Crichen Agnes Fergusone at Monyhyve John Wilsone her sone wright ther and Robert Thomsone servant to Mary Cuninghame in Over Kirkcudbright witneses cited and appearing in this actione of the soume of sixtein shilling scots per diem from the first day of June instant to the sixtein day of the said moneth inclusive And Ordaines horning under the signet of Councill on fiftein dayes to be direct for payment of the witnesses expenses.