[1661/1/359]¹

Judicial proceedings: decreet

Decreet for Sir Mungo Murray against Colin Campbell

Anent the supplication given in to the commissioners of parliament appointed for trade and bills by Sir Mungo Murray, knight, against Colin Campbell of Morchester, showing that in the year 1654 the supplicant, being a prisoner of war as one in his majesty's service, his wife and family being dwelling in his own house of Torrie, the said Colin Campbell, without any warrant or order of law, by himself, his servants, accomplices and others at his command, came to the supplicant's said house, under the cloud of night, and violently and masterfully ejected the supplicant's wife and eight children furth thereof, and spoiled him not only of the possession of the same house and lands of Torrie and possessed himself therein, but also of his whole household plenishings, trunks, chests, coffers, beds, bedclothes, hangings, tables, chairs and whole other furniture and plenishing of his said house, extending the price of the same, conforming to an inventory thereof produced in the process, to the sum of £1,363 Scots money, and which plenishing he retains in his own hand to this present day, notwithstanding whereof the said Colin Campbell refuses to make payment to the supplicant of the foresaid sum, with the annualrent thereof since his intromission therewith, unless he is compelled; and therefore, craving that the said Colin Campbell might be decreed to make payment to him of the foresaid sum, with the annualrent thereof since his intromission with the said goods and in time coming during the non-payment thereof, and also to make payment to the supplicant of the rent of the said lands being worth the sum of £200 Scots yearly of all years since the foresaid ejection being six years since or thereby, extending the said space to £1,200, and also to repossess the supplicant to his said house and lands as at more length is contained in the said supplication. Which action, being called in the presence of the said commissioners and the said Sir Mungo Murray compearing personally, who as a part of his said libel produced in the presence of the said commissioners an inventory of the goods and plenishings taken from him by the said Colin Campbell, defender, as follows: namely, 8 furnished beds worth £800 Scots; 12 turk work chairs at £7 4s the piece, thence £86 8s Scots; item, two large wainscot tables with furnishings at £48 the piece, thence £96; item, a carpet for a table worth £76; item, 4 tablecloths, 20 napkins and table linen of the house, £120 Scots; item, a black ebony cabinet indented with mother of pearl worth £240; item, 18 great English pewter plates, weighing eight pounds the piece, at 18s Scots the pound, is £129 2s; item, 48 small pewter plates with stoups, salt cellars, pewter trenchers and spoons, worth £100; item, for the fire vessels and also necessaries as belong to a gentleman's house, £120, extending the said whole particular sums to £1,763 Scots. As also, for proving of the said libel produced a minute of agreement between him and the said defender, dated 25 March 1651, and registered 19 April 1653, whereby the said Colin Campbell, for the cause contained therein, conveyed to the said pursuer the lands of Easter Torrie, with the woods, pasturages, parts and pertinents belonging thereto, and is thereby obliged to enter and possess the said pursuer therein, and to give him a perfect and sufficient right thereof, and to pay to the pursuer 500 merks in case of failure in addition to the performance thereof. The said Colin Campbell, defender, being lawfully summoned to this action, often called by a macer at the bar at the first calling of the cause, but thereafter compearing he gave in a bill craving the foresaid action to be remitted to the lords of session in respect the same was formerly advocated to them from before the sheriff of Perth, and produced also the principal advocation raised in the said matter for instructing the said bill, together with another extract of the foresaid minute of the date above-written, bearing the said Sir Mungo to be obliged to pay to him, as the price of the said lands, the sum of 5,500 merks at the term of Whitsunday [18 May] next after the date foresaid of the said minute, under the pain of 500 merks money foresaid, which sum, by the said bill, is alleged not to be paid as yet. Which supplication, with the instructions thereof above-mentioned, with the foresaid petition given in for the pursuer and with the aforesaid inventory as a part of the said libel, together with the minute above-written produced for him and depositions of diverse reputable witnesses, received, admitted, sworn and examined in the said matter adduced for the part of the said pursuer for proving of the points of the said libel, together likewise with the said Sir Mungo Murray's oath and declaration taken in the said matter, in supplement of his probation, being all heard, seen and considered by the said estates of parliament and they therewith, being well and ripely advised, his majesty, with advice and consent of the said estates of parliament, decrees and ordains the said Colin Campbell, defender, to make payment to the said Sir Mungo Murray, pursuer, of the sums of money respectively above-written as the price of the said goods contained in the said inventory produced, as said is, extending to the sum of £1,763 Scots money, and also to flit and remove himself, with bairns, servants, family, subtenants, cottars, goods and gear, furth and from the said principal mansion of Torrie and whole remaining houses, biggings, yards, orchards, parts, pendicles and pertinents thereof, and to leave the same void and in order, and to enter and repossess the said Sir Mungo Murray, pursuer, his wife, bairns, servants, family, subtenants, goods and gear therein, to be bruiked and enjoyed by him as his own proper heritage at his pleasure in all time coming, and that, notwithstanding of the foresaid petition given in by the said defender craving the foresaid action to be remitted to the lords of session, and of the instructions thereof produced for the said defender, as said is. Because the points of the said libel and inventory as a part thereof being found relevant by the said commissioners of parliament, the same was admitted to the said pursuer's probation (after that the defender was lawfully summoned to have compeared and defended in the said matter) who, for proving thereof, produced in the presence of the said estates the foresaid minute of contract of the date and contents above-written, and a term being assigned to him for proving the remaining points of the said libel not verified thereby, at which term he verified and proved the same sufficiently by the depositions of diverse reputable witnesses, received, admitted, sworn and examined in the said matter, and by the said Sir Mungo's own oath sustained by the said commissioners, and taken by them in the said matter in supplement of the said probation, as was clearly understood to the said estates of parliament. In respect whereof and of the report given in by the said commissioners thereupon in parliament, they gave their decreet in the said matter in manner above-written, and that notwithstanding of the foresaid supplication given in by the said defender craving the foresaid cause to be remitted to the lords of session, and of the instructions thereof above-mentioned, reserving always action to the said pursuer before the judge ordinary for the bygone rents of the said lands and violent profits thereof, according to the law, and ordains letters of horning etc.