[1661/1/451]¹

Decreit [for] Margaret and [Janet] Howieson against James Gray

Anent the supplication given in to the estates of parliament by Margaret Howieson, lyverentrix of the lands of Bulleon and Barbanoch, and Jonnet Howieson, present possessors thairof, against James Gray of Lowriestoun, shewing that the supplicants wer daylie most inhumainlie opprest be the said James Gray his continuall intrusion upon and oppression of them in their possession of the saids lands and leiding away, at his oune hand, off the cornefeild of the saids lands the whole increase of nyne bolls sawing, intrudeing himselff upon the same lands by teilling a whole rig and a green belonging to the supplicants, and encroatching upon the infeild of their lyverent lands and dimolishing ane house within the closse wher they duell perteaning to the said Margaret, dureing her lyverent, and carieing away the timber and rubbish therof, breaking up ane kill doore perteaning to the supplicants and possessing the same as his oune; therfor, craveing that the said defender might be ordained to find caution for his peaceable cariage towards the supplicants in tymecomeing, and to repair them of their bygone losses, and that he might be farder punished as ane example to others to commit the lyk in maner, at more lenth contained in the said supplication. And anent the warrand issued from the lords commissioners for trade and bills, and sumons given therupon be aine messenger at armes to the said James Gray personally apprehendit, to have compeired befor the saids commissioners at ane certane day bygone and ansuered to the said supplication, which being called and the said persewers compeiring be their procurators, and the said defender being oftymes called and not compeiring, and the saids lords commissioners for bills, upon consideration of the said supplication, haveing admitted the same to the persewers' probation and issued ane commission to the baillies of Dundie for takeing the depositions of Robert and Andrew Donaldsons in Longforgund upon the said lybell, inrespect they wer aged and infirme persons and, accordinglie, Alexander Halyburtoun, one of the baillies of Dundie, haveing examined the said witnesses, taken their depositions and returned the same with his report theranent, as the same extant in processe bears; and therafter the saids commissioners haveing impowered Alexander, earle of Murray, George, earle 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 processe and fand the depositions of the witnesses proved the lybell sufficientlie; which with the report of the saids lords commissioners for trade and bills being read and considered be the estates of parliament, his majestie, with advice and consent of his estates of parliament, decernes and ordeans the said James Gray, defender, to make restitution to the saids persewers of the number of tuentie seven bolls oats as the increase of nyn bolls sawing taken and led away be him in maner abovewritten, or to content and pay to them the sume of eight pund Scots money for each boll therof, and to repossesse them to their lands, houses, barne and kill and to repair the byre demolished be him in als good condition as it wes the tyme of the throwing doun thairof, and to repossesse them therto, and likewise ordaines him to be punished in his person to the terror of others at the discretion and determination of his majesties' lord heigh thesaurer and lord advocat, or as his majestie, with advise and consent forsaid, shall heirafter think fit.