Decreet for Margaret and Janet Howieson against James Gray

Anent the supplication given in to the estates of parliament by Margaret Howieson, liferentrix of the lands of Bulleon and Barbanoch, and Janet Howieson, present possessors thereof, against James Gray of Lowriestoun, showing that the supplicants were daily most inhumanely oppressed by the said James Gray's continual intrusion upon and oppression of them in their possession of the said lands and leading away, at his own hand, of the cornfield of the said lands the whole increase of nine bolls sowing, intruding himself upon the same lands by tilling a whole rig and a green belonging to the supplicants, and encroaching upon the infield of their liferent lands and demolishing a house within the close where they dwell pertaining to the said Margaret, during her liferent, and carrying away the timber and rubbish thereof, breaking up a kiln door pertaining to the supplicants and possessing the same as his own; therefore, craving that the said defender might be ordained to find caution for his peaceable carriage towards the supplicants in time coming, and to repair them of their bygone losses, and that he might be further punished as an example to others to commit the like in manner, at more length contained in the said supplication. And anent the warrant issued from the lords commissioners for trade and bills, and summons given thereupon by a messenger at arms to the said James Gray personally apprehended, to have compeared before the said commissioners at a certain day bygone and answered to the said supplication, which being called and the said pursuers compearing via their procurators, and the said defender being often called and not compearing, and the said lords commissioners for bills, upon consideration of the said supplication, having admitted the same to the pursuer's probation and issued a commission to the bailies of Dundee for taking the depositions of Robert and Andrew Donaldson in Longforgan upon the said libel, in respect they were aged and infirm persons and, accordingly, Alexander Haliburton, one of the bailies of Dundee, having examined the said witnesses, taken their depositions and returned the same with his report thereupon, as the same extant in process bears; and thereafter the said commissioners having empowered Alexander [Stewart], earl of Moray, George [Livingstone], earl of Linlithgow and Robert Innes of that ilk to examine more witnesses, to advise the depositions and report who, according to the power given them, examined witnesses, advised the depositions, revised the process and found the depositions of the witnesses proved the libel sufficiently; which with the report of the said lords commissioners for trade and bills being read and considered by the estates of parliament, his majesty, with advice and consent of his estates of parliament, decrees and ordains the said James Gray, defender, to make restitution to the said pursuers of the number of twenty-seven bolls of oats as the increase of nine bolls sowing taken and led away by him in manner above-written, or to satisfy and pay to them the sum of £8 Scots money for each boll thereof, and to repossess them to their lands, houses, barn and kiln and to repair the byre demolished by him in as good condition as it was the time of the throwing down thereof, and to repossess them thereto, and likewise ordains him to be punished in his person to the terror of others at the discretion and determination of his majesty's lord high treasurer and lord advocate, or as his majesty, with advice and consent foresaid, shall hereafter think fit.

  1. NAS. PA2/27, f.85v-86. Back