Att Edinburgh the Threttie ane of December J^aj vi^c nyntie five yeirs

D1695/12/49

D1695/12/49¹

Procedure

Letters of denunciatione Agnew²

William by the grace of God King of Great Brittaine France and Ireland Defender of the faith To […] macers of our privie Councell messengers at armes our Shirreffs in that pairt conjunctlly and severally Speciallie constitut greeing Forasmuchas Anent the lybell or complaint raised and persued befor the Lords of our privie Councell at the instance of Andrew Agnew of Sewchen heretable proprietar of the Lands wnderwritten with concurse of Sir James Stewart our Advocat for our interest in the mater wnderwritten Mentioning That wher by the Laues and constitutiones of this and all other well governed nationes all persones are to be Secured in the qwiet and peaceable possessione of ther own Lands and in the improvement of the Same against all hostilitie or maisterfull invasione intrusione or oppressione And particularly that the police of the parking and incloseing of ground is incouradged by many Lawes and acts of parliament of this natione And the complainer being of designe to inclose and impark a pairt of his Lands called the mwir of the park which is neer to the march of the Larg And haveing begun the work and bwilded the park Dyke Trwe it is that upon one or other of the dayes of ane other of the moneths of the yeir of God J^aj vi^c nyntie four while the workmen were at work about the incloseing and imparking of the said peice of grownd wherof the complainer and his predecessors have bein in the peaceable possessione for much more then the Space of Fourtie yeirs bygone without any interuptione Patrick Kennedie Proveist Strawrawer Andrew Harvie and Robert Gordone baillies ther Patrick Patersone Late proveist ther Alexander³ Patersone towneclerk ther Hewgh Somervaill merchand ther James Mcmaister Walker ther Alexander and Andrew Mcreidies induellers Ther Thomas Wallace weaver ther John and Hew Bairdes burgesses ther Alexander and Robert Kerr induellers ther John Line merchand ther William Torbrea Late proveist ther John Vawse late baillie ther John Rwe Late proveist ther and Alexander Mccraken and Patrick Rewick induellers ther Did in ane hostile and maisterfull way without any ground or reasone whatsoever Stopp the complainers workmen And violently forced them ther work And did raise and brake downe to the grownd the said park Dyke efter the Samen was putt up and could not be Stopped in ther violent interpurze altho that the complainer and the said workmen Did give them all civill treatment And Shewed that what they were a doeing was not only illegall being contrair to express Lawes and acts of parliament But tho that they would be gwiltie of a ryot in Stopping of the complainers said work men And rendering the said mwir and park altogither unprofitable as indeed it is Since ther violent interrupting the inclosure of the Same as ane instrument taken by the complainer against them Showen to our Saids Lords hes testified By all which it may appear to our Saids Lords that the persones above complained upon are gwiltie of a manifest ryot injurie and oppressioen And Therfor they owght to be Decerned to make payment to the complainer of the Soume of Ane Thowsand punds Scotts of Damnadges and expensses Sustained by him in this mater And furder owght to be pwnished in ther persones and goods to the terror of others to comitt the Lyke in tyme comeing And anent the charge given to the haill forenamed persones Defenders To have compeared personallie befor the Saids Lords of privie Councell at ane certaine Day now bygone To have ansuered to the foirsaid complaint And to have heard and Sein Such order and course taken theranent as the Saids Lords Should think fitt wnder the paine of rebellione and putting of them to the horne etc As in the principall Letters or lybell raised in the said mater and executiones therof at more length is contained The which lybell being called upon the day and Date of the presents in presence of our Saids Lords And the persewer compeareing personallie with Mr David Cwningham his Advocat And the haill defenders being Laufullie cited oft tymes called And not compeareing The Saids Lords of our privie Councell Did grant Certificatione against the defenders In respect of ther absence and not compeirance And ordained thir our Letters of Denunceatione to be direct in maner and to the effect wnder uritten Our will is Herefore and wee charge yow Strictly and comand That ye pass to the mercat cross of […]And other places needfull And ther in his majesties name and authoritie Duely Lawfully and orderly Denunce the Saids Andrew Harvie Robert Gordowne Robert Patersone Alexander Patersone Hew Somervaill James Mcmaister Alexander and Andrew Mcreidies John and Hew Bairds alias Wallaces Alexander and Robert Kerrs John Lin William Torbrea John Dawse Alexander Mcracken and Patrick Rewill his majesties rebells and putt them to his Highnes horne And ordaine all ther moveable goods and geir to be escheat and inbrought to his majesties wse for the contempt and disobedience And ordaines thir our Letters with the executiones therof to be registrat Conforme to the act of parliament