Domestic annals of Scotland : $b from the revolution to the rebellion of 1745 — John Shaqi
Domestic annals of Scotland : $b from the revolution to the rebellion of 1745Chambers, Robert
History
Domestic annals of Scotland : $b from the revolution to the rebellion of 1745
Chambers, Robert
Scotland -- History -- 1689-1745
Last, and worst of all, Walter Johnstone, brother of Mrs Margaret, had
come with attendants to the house of Netherplace by night, broke in, and
beat the owner, Mungo Johnstone, in a [Sidenote: 1690.] most outrageous
manner, besides squeezing the hands of his son, a boy, that the blood
sprung below his nails.
The matter was brought before the Privy Council by complaints from both
parties, and as the awards went rather against Lockerby and his son for
keeping his daughter-in-law out of her rights, than against her and her
friends for their violent procedure on the other side, we may reasonably
infer that the James VI. style of justice was far from extinct in the
land.
A case of violent procedure on the part of a landlord towards a tenant
occurred about the same time. Catherine Herries possessed the lands of
Mabie, in the stewartry of Kirkcudbright, in liferent. In the early part
of 1689, she entered into a communing with one Robert Sturgeon, to set
to him the small farm of Crooks, promising him a nine years’ lease; and
he was admitted to possession, though upon a verbal agreement only. He
immediately addressed himself to the improvement of the ground by
ditching and draining, and in a year laid out upon it two hundred merks,
or something more than eleven pounds sterling. Meanwhile, the lady
united herself to John Maxwell of Carse, ‘a notorious papist,’ who had
not long before been searched for as a person dangerous to the new
government. When the lady learned that Sturgeon had been active among
the searchers, she seems to have resolved to discontinue his connection
with her estate. At Lammas 1690, alleging that he had been warned away
at the preceding Pasch, she caused him to be summoned before the
steward-depute of Kirkcudbright, who decreed him to remove within an
irregularly brief period. He had no resource but to go to Edinburgh, and
sue for a suspension of the decree; but when he returned with this
document, he found that the lady, the day before, had violently ejected
his wife, bairns, and bestial, ‘whereof many were lost.’ He intimated
the suspension; but Lady Mabie, disregarding it, obtained a precept from
the steward-depute, ordering him to answer for a thousand merks on
account of his unlawful intrusion upon her estate, and authorising his
imprisonment till this was paid. Without any other warrant, as Sturgeon
complains to the Council, the lady, under cloud of night, sends fifteen
or sixteen persons, whereof John Lanerick, writer in Dumfries, was
ringleader, with swords and staves, and takes the complainer out of his
bed, as if he had been a notorious malefactor, and carries him bound
prisoner to the Tolbooth of Kirkcudbright, where he lay six weeks, his
wife, bairns, and goods being again ejected, and his house shut up.
[Sidenote: 1690.]
Public-domain text, read in full here on John Shaqi.
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