[1661/1/349]*[print] [email] [cite] [preceding] [following]
Anent the complaint given in to our sovereign lord and estates of parliament, presently convened by his majesty's special authority, by William, now duke of Hamilton and Anne [Hamilton], duchess of Hamilton, his lady, as executors to James [Hamilton], duke of Hamilton, father to the said duchess for themselves, and in name and behalf of their vassals and tenants within the Isle of Arran, and by Sir John Fletcher, his majesty's advocate for his highness's interest in the matter after-mentioned, against James Campbell of Ardkinglas, James Campbell of Oronsay, [...] Campbell of Strachur, Captain [...] Brown and [...] Brown, his brother, for the violent, wrongful and masterful depredation and robbery after-specified committed by the said defenders, in so far as in the month of March 1646 the said vassals, tenants, possessors and inhabitants of the said Isle of Arran, then heritably pertaining to the said deceased James, duke of Hamilton, father to the said duchess, were most peaceably demeaning themselves in their several dwelling houses and possessions, like quiet men and yet, nevertheless, the said defenders came on a sudden upon them by way of depredation and robbery by boats, shallops and also vessels from the places of their residence into the said Isle of Arran, and their landing themselves upon the most convenient places they pleased, entered immediately upon the said inhabitants, their cattle, nolt, sheep and bestial, and put them aboard their said vessels and transported so many of them therein as they would carry over, and killed and destroyed the rest they could not transport, and did slay those which they had killed and took away their hides and skins, amounting in all the killed, destroyed and transported bestial to the number of 2,000 cattle or thereabouts, besides their pillaging of what other petty goods moveable the bounds did afford, and ruined the houses and cottages; likewise, the said late duke James and this said present duke and duchess did also sustain great harm and loss through the lying of the said lands of Arran waste for the space of six years after the said depredation; and anent the charge given to the said defenders to have compeared before the lords of the articles, appointed by this present parliament for hearing of complaints and all other matters tendered to the parliament and to report, to have heard and seen decreet given and pronounced against them in manner underwritten, as the said complaint and citation after-specified at more length bears. The said duke and duchess compearing with the said lord advocate, Mr Andrew Gilmour and George Lockhart, advocates, their procurators, who, for instructing the supplicants their active title in the said complaint, produced an instrument of sasine of the date the [---] day of May 1625, under the signature and subscription of Bartholomew Roberton, notary public, notary thereto, bearing the said deceased James, duke of Hamilton to be duly and lawfully infeft and seised in all and whole the said lands of Arran, and which sasine is registered in [---] upon the [---] day of [---] 16[---] years. Likewise, the said procurators for the said complainers produced a licence granted by the commissaries of Edinburgh as by the community of the kingdom for confirmation of testaments (the said deceased duke James dying abroad outwith this kingdom) whereby the said commissary gives licence to the said complainers to pursue the said action, notwithstanding the goods and gear libelled are not confirmed. Likewise, the said lord advocate declared that he compeared for and concurred with the said complainers for reparation of their said losses for the time and place and protested that it might be without prejudice to him to pursue the said defenders for the said wrong and violence, at the instance of our said sovereign lord, in any time hereafter according to law. And the said [---] Campbell of Strachur and James Campbell of Oronsay compearing with Masters William Maxwell, John Cunningham and George MacKenzie, advocates, their procurators, who, for the part of the said James Campbell of Oronsay, produced an order or commission given to him by the said James Campbell of Ardkinglas, of the date 18 March 1646, whereby he gives warrant to the said James Campbell of Oronsay to march with a commanded party of soldiers towards the castle of Brodick within the said Isle of Arran, and to take his advantage of those who besieged the said house by killing of them, and also ordains him to take the advice of the captain of the castle where or how he should get provision to his party and to do nothing thereupon without advice foresaid, and in like manner ordains the said James Campbell of Oronsay to send him provision for his party, but ordains him to do all things legally and in an orderly way, and ordains him to make the goods within the said isle useless for his opposition within the same isle. And the said James Campbell of Ardkinglas, Captain [---] Brown and [---] Brown, his brother, being lawfully cited to this action, often called and not compearing, and the king's majesty, with advice and consent of his said estates of parliament, taking to consideration the said complaint with the foresaid writs produced for the part of the said complainers for verifying their active title thereof, with the report made by the said lords of the articles of their diligence and procedure in the said matter, together with the whole dispute made thereupon henceforth for the part of the said parties compearing, as said is, by their said procurators, together in like manner with the depositions of diverse reputable witnesses adduced by the said complainers for proving of the committing of the foresaid depredation and robbery, with the absence of the remaining defenders not compearing, as said is, notwithstanding of the citation given to them in manner and to the effect after-specified, finds it sufficiently proven that the said laird of Ardkinglas, [---] Campbell of Strachur, James Campbell of Oronsay, Captain [---] Brown and [---] Brown, his brother, did commit the foresaid depredation and did waste, spuilzie, kill and destroy of horses mares and cattle (besides other bestial and goods pertaining to the said deceased duke his tenants in the said isle) at the time libelled to the value and worth of 40,000 merks Scots money, and also finds that the loss sustained by the said duke and duchess through the lying of the said lands waste by reason of the said devastation for the space of six years thereafter or thereby, does amount to the sum of 20,000 merks money foresaid, over and above the loss of the said bestial and other goods, and which whole losses do extend to the sum of 60,000 merks Scots money. Therefore, our sovereign lord, with consent of parliament foresaid, decrees and ordains the said James Campbell of Ardkinglas, [---] Campbell of Strachur, James Campbell of Oronsay, Captain [---] Brown and [---] Brown, his brother, to make payment to William, now duke of Hamilton and to Anne, duchess of Hamilton, his said lady, (as having licence to pursue in manner foresaid) of the foresaid sum of 60,000 merks as for the said several losses sustained by them and their said vassals, in manner respectively above-specified, the said duke and duchess, of their own consent, upon payment of the said sum or security therefore, obliging themselves to warrant the said defenders at the hands of the said vassals and tenants, without prejudice always to his majesty's advocate to pursue the said defenders for his majesty's interest for the said wrongs and violences in any time hereafter, according to the law; as also reserving action of relief at the instance of the said James Campbell of Oronsay or any other of the said defenders against the said James Campbell of Ardkinglas, who gave them order to go to the said Isle of Arran in manner foresaid, according to the law. Because the said lords of the articles, having heard the complaint above-written and having granted warrant to cite the said defenders in manner and to the effect following, and they being accordingly cited, and the said lords of the articles having thereafter called before them the said complainers and also the said defenders, who being all compearing as said is by their said procurators, except the said James Campbell of Ardkinglas, Captain [---] Brown and his said brother, three of the said defenders, who were lawfully cited by a messenger at arms at the market cross of Dumbarton by virtue of a dispensation granted by the said lords in the said matter, with certification to them if they failed, the said lords would proceed against them as accorded to law, and they being lawfully summoned, as said is, failed to compear to the effect foresaid, and the said procurators for the said parties compearing, as said is, having argued their several defences, replies, duplies and remaining disputes in the said matter extant and lying in process, and especially the said defenders' procurators for the part of the said James Campbell of Oronsay, having argued their defence founded upon the foresaid order and warrant given to him by the said James Campbell of Ardkinglas for going to the said isle with the foresaid party in manner above-written, which being considered by the said lords they repelled the whole dispute argued for the part of the said defenders compearing by their said procurators, as said is, in respect of the several answers made thereto for the part of the said complainers, and found the same complaint relevant and admitted the same to the said complainers' probation, and reserved action to the said James Campbell of Oronsay upon the said order, according to the law. And the said complainers for proving thereof having produced the foresaid infeftment and licence and also having adduced several reputable witnesses who, being admitted, sworn and examined thereon, and which depositions and complaint being likewise considered by the said lords, they found that the same depositions proved sufficiently that the said James Campbell of Ardkinglas and remaining defenders, his accomplices, committed the foresaid depredation, and did waste, kill, spuilzie and destroy horses mares and cattle (besides other bestial and goods belonging to their said vassals and tenants within the said isle at the time foresaid) to the value of the foresaid sum of 40,000 merks, and also the said lords found that the loss sustained by the said duke and duchess through the lying of the lands waste, by reason of the said devastation for the space of six years or thereby, does amount to the said sum of 20,000 merks, extending in whole the said losses to the sum of 60,000 merks money foresaid. Of the which diligence and procedure in the said matter, the said lords of the articles having made report to our sovereign lord and estates foresaid, which report being considered by them, they did allow and approve the same and found, decreed and ordained in manner above-mentioned, and of consent of the said duke and duchess ordained them to warrant the said defenders at the hands of the said tenants and vassals in manner foresaid, without prejudice to our sovereign lord's advocate to pursue the said defenders according to law, reserving always action of relief to the said James Campbell of Oronsay against the said James Campbell of Ardkinglas upon the said order or warrant given by articles to him, as said is, also according to the law, and ordains letters of horning to be directed at the complainers' instance against the defenders upon a simple charge of 15 days etc.