[1649/1/390]*[print] [email] [cite] [preceding] [following]
Anent the summons or libelled precept raised at the instance of Sir John Brown of Fordell, knight, and Robert Hay of Struie, for themselves and in name and on behalf of David and Robert Brown in Abbots Deuglie, Helen Scotland, widow of the late John Brown there, now spouse to John Currie there and he for his interest, Robert Hewgon in Cassi-Deuglie, John Balmain there, John and Alexander Burt there, Andrew and Henry Horn there, Janet Simpson, widow of the late William Horn there, David Burt there and Christiane White, widow of the late William Kintillo there, and [...] Brown there, tenants and possessors of the lands of Abbots Deuglie and Clase-Deuglie, against John MacEwing in Condocloich, Andrew Murray in Easter Fendoch, Andrew MacCrae there, John MacCara in Wester Fendoch, Donald MacConnell there, Donald MacConnell in Easter Fendoch, Donald MacGregor in Dawlick, John MacWilliam there, Neil MacInver in Middle Fendoch, William Gordon there, Duncan Roy in Downy, William Roy there, John MacCara, sometime in Downy and now in Middle Lethendy, and Iain Dubh mac GilleChonaill† in Keanadrochen, making mention that where in the month of August 1645 the said defenders, with their accomplices and followers, came in a hostile way, armed with warlike equipment to the said lands of Abbots Deuglie and Clase-Deuglie pertaining to the said Sir John Brown and Robert Hay, and there in a violent way took, spuilzied, robbed and drove away the number of cattle, horse and sheep after-specified from the said lands pertaining to the pursuers of the value and prices following, each one of them respectively for their own parts in manner after-divided, namely: from the said David Brown, 5 oxen, price of the piece thereof 50 merks; 11 cows at 5 merks the piece; 9 young sheep, price of the piece 5 merks; 9 yearling sheep, price of the piece 4 merks; 2 cows at 40 merks the piece and 1 horse, price thereof £40. Item, for the said Robert Brown, 12 oxen, price of the piece 50 merks; 11 cows, price of the piece 40 merks; 2 young ox and 3 heifers at 20 merks the piece; 60 wethers at £4 the piece; 60 ewes at 5 merks the piece; 60 young sheep at 4 merks the piece; and 2 horses, price of the piece £40. Item, from Robert Hewgon aforesaid, 1 cow, price thereof 40 merks and 8 ewes, price of the piece thereof 5 merks. Item, from the said Helen Scotland and the said David and [...] Brown, 16 oxen, price of the piece 50 merks; 11 cows at 40 merks the piece; 6 young ox and heifers at 20 merks the piece; 1 horse, £40; 60 wethers, price of the piece £4; 60 ewes, price of the piece 5 merks and 60 young sheep at 4 merks the piece. Item, from the said John Balmain, 1 cow, price 40 merks and 10 sheep, price of the piece 10 merks. Item, from the said John and Alexander Burt, Andrew and Henry Horn, Janet Simpson, David Burt and Christiane White, 9 oxen, price of the piece 50 merks; 4 young ox and 9 heifers at 40 merks the piece; 26 cows at 40 merks the piece; 5 horse at £40 the piece; 78 wethers at £4 the piece; 224 ewes at 8 merks the piece; 72 sheep at 5 merks the piece and 86 yearling sheep at 4 merks the piece; which horse, cattle, sheep and others above-written are yet detained by the said defenders or sold and conveyed upon by them and yet never redelivered by them to the pursuers. And therefore the committee of estates ordained messengers of arms jointly and separately to summon, warn and charge the said defenders to have compeared before the estates of parliament then ensuing at Edinburgh or where it should happen them to be for the time on 23 January last, with continuation of days, to have heard and seen themselves determined to redeliver the said cattle, horse, sheep and others above-written so robbed, spoiled and taken away by them and as yet detained by them in as good case as the same were at the time of the theft thereof or the values and prices of the same above-specified, and to have heard and seen such further course taken in the said matter as the said estates should think fit, with certification to them if they failed to compear, the said estates would determine in the said matter as they should think good; and likewise to summon, warn and charge witnesses to compear before the said estates of parliament the said day and place to bear lawful and steadfast witnessing in the said matter, as in the said libelled summons or precept at more length is contained. Which being called in face of parliament upon the said 23 January (and after lawful citation of the said whole defenders to compear the said day), and the said Sir John Brown and Robert Hay compearing personally for themselves and in name of their said tenants, and the said defenders being called publicly in presence of the said whole members of parliament and at the outer door of the parliament house and not compearing, the said estates of parliament, after reading of the said libelled summons or precept and executions thereof, did remit the said matter and hearing thereof to the committee of parliament appointed for bills, to be taken into consideration by them; with power to the said committee to examine the witnesses already cited and compearing and to take and receive all further probation the pursuer would use for proving the said summons or libelled precept, and to give out warrants for citing the defenders and more witnesses to that effect. And the said committee having met and convened upon 24 January last, and having caused call the said defenders and they not compearing to object against the witnesses aforesaid appointed by the said estates to be received by the said committee, after that the said committee had found the aforesaid summons or precept relevant, the said Sir John Brown and Robert Hay, compearing personally for themselves and in name of their said tenants, declared that they would prove the violence by witnesses and that they referred the quantities, qualities and prices of the said horse, cattle, sheep and others spuilzied and taken away as said is to the said defenders' oaths of verity simply; and for summoning of the said witnesses and defenders respectively aforesaid to the effect above-specified, craved an act and warrant to be directed at their instance to messengers of arms, one or more. Which being granted by the said committee and issued out under their hand and the said whole defenders, by virtue and according to the said act and warrant, being all lawfully warned and cited by John Morrison, messenger at arms, upon 6, 7 and 8 February last, personally apprehended to have compeared before the said estates of parliament upon 20 February, with continuation of days, to have given their oaths of verity upon the points of the said summons or libelled precept referred thereto as said is, with certification to them if they failed therein, they should be held as confessed and decreet given against them in the said matter; and also several witnesses being likewise lawfully cited to compear day, place and to the effect aforesaid, as the said act or warrant and executions thereof in themselves also at length bear, and they being all respectively called on in face of parliament upon the said 21 February last and the said defenders not compearing, the said estates of parliament held the same whole defenders as confessed upon the quantities, qualities and prices of the said horse, cattle, sheep and others above-written referred to their oaths of verity as said is, and ordained the said committee to proceed in taking what further probation was necessary for proving the said summons or libelled precept, and to examine the said witnesses and such others as should be led and used in the said matter, and to take the same into further consideration and to report their opinion relating thereto to the estates of parliament. Who having received, sworn and examined sundry reputable witnesses at several diets and times, after calling the said whole defenders and they not compearing to object against their receiving, reported their opinion anent the said matter in face of parliament; with which report of the committee, order of process above-written and probation led and deduced by the said pursuers in the said matter the estates of parliament, being well and ripely advised, they find the aforesaid summons or libelled precept sufficiently proven by the depositions of the said witnesses and holding the said defenders as confessed as said is, and therefore decree and ordain the aforenamed persons, defenders, to redeliver to the said pursuers the number of horse, cattle, sheep and others above-written spuilzied and taken away as said is in as good case as the same were the time aforesaid of the theft thereof to each one's own parts in manner above-divided or the values and prices of the same above-written, and ordain letters of horning to pass and be directed hereupon on a simple charge of 15 days' poinding and others necessary in the appropriate form.
[1649/1/391]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration a supplication given in by James Grierson of Dalgonar and James Kirkco of Sundaywell, for themselves and as having power from the minister and parish of Dunscore, for purchasing warrant for transplanting the kirk of Dunscore to the lands of Dalgonar as the middle of the parish, showing that after long attendance and bestowing of pains and charges, they by an act of parliament of 13 February 1647 ordaining the kirk of Dunscore to be transplanted from the place where it stood and to be built on that part of the lands of Dalgonar adjacent to the white croft and appointing the whole heritors and parishioners of Dunscore to contribute proportionally for building the new kirk, with the minister's manse and kirkyard dykes, and for transporting the materials of the old kirk; as also showing that according thereto foundations for the new kirk were built and the walls completed to the height of the side wall, and that order being given by the presbytery of Dumfries to some of their number to discuss with craftsmen what the expenses in the building and completing of the new kirk, with the minister's manse and kirkyard dykes, would extend to, these commissioners, with various gentlemen of the parish of Dunscore, did take the oaths and declaration of sundry craftsmen of all sorts anent the charges and expenses in building the new kirk; and, after consideration thereof, found that it would amount to the sum of 3,190 merks over and above the supplicants' charges and expenses in attending and purchasing the aforesaid warrant for transplanting the kirk, and over and above the necessary expenses disbursed by them relating thereto and extending to the sum of £419 8s. And therefore desiring that the aforesaid sums condescended upon to be the expenses of the building of the aforesaid kirk, minister's manse and kirkyard dykes, with the supplicants' expenses and disbursements aforesaid, extending in all to the sum of 3,190 merks, might be ordained to be proportioned and paid by the heritors, parishioners and possessors according to the valuation of the rent of the parish, extending to 8,669 merks, and that letters might be directed accordingly for payment and collection thereof and warrant given that no suspension pass against this, to the effect the completing of the kirk be not hindered, as at more length is contained in the said supplication. Which, together with the report from the committee of bills bearing that, after consideration of the aforesaid supplication and instructions thereof, that they found that the estates of parliament by their act of 13 February 1647 have ordained the kirk of Dunscore to be transported and a new kirk to be erected and built in the place before designed, and that the whole heritors, parishioners and possessors are ordained to contribute proportionally for building the new kirk, manse and kirkyard dykes and carrying of lime stones and other materials of the old kirk for that effect; as also found by a report subscribed by the commissioners of the presbytery of Dumfries appointed for taking trial of the expenses of the aforesaid building that the same would amount to the aforesaid sum of 3,190 merks, and therefore their humble opinion was that the said estates of parliament would be pleased to ordain the aforesaid sum to be paid by the heritors, possessors and parishioners of Dunscore according to the valuation of the rent of their parish, extending to 8,669 merks; and that proportionally according to the rate following, namely: the sum of £36 16s out of each hundred pound land land of the aforesaid valued rent of the parish; and that the collection might be entrusted to the supplicants who have had the former charge or to any other the kirk session of Dunscore shall appoint, allowing their own proportions to be paid by themselves in the first end. Which opinion being taken into consideration by the said estates of parliament, they have approved and approve thereof and accordingly have ordained and ordain the whole heritors, parishioners and possessors of the said parish to contribute proportionally for building the said kirk, manse, dykes and for the carriage and materials aforesaid according to the proportion above-written at £36 16s out of every £100 of valued rent of the said parish. And as concerning that article anent the charges and expenses sustained and disbursed by the supplicants in attending and purchasing the warrants for transporting the kirk, which extend to the sum of £419 8s, whereof they allege they had allowance of 24s to themselves and their horse during their attendance, the said estates of parliament have remitted and remit to the kirk session of Dunscore to take the oaths of those who attended and purchased the said act for transplantation of the kirk, and to try what warrant they had for that effect, and accordingly to stent and make proportional the payment thereof according to the rate aforesaid.