Series 1 > Records of the Proceedings of the Justiciary Court Edinburgh, 1661-1678 > Volume 2, 1669-1678

JUSTICIARY PROCEEDINGS
33
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in the moneth of January and Febry 1, 2 and remanent days
thereof 1660,1 the fornamed persons having convocate fifteen
persons in arms, came to the said lands Tillelberies pertaining
to the said Elizabeth Rutherfoord and her mother, and to
that part thereof called Leid Backie, and there took possession
of the forsaids lands by force of arms and beat and wounded
the servants, and on the of November thereafter came to
the dwelling house of Tillelberies and did violently break
down and demolish the same and destroy the offices, houses
thereto belonging, and in June 1670 they came to the ground
of the saids lands and wounded David and Alexander Kumeirs,2
two of the tennents. Of the crimes abovewritten, the said
Charles Robertson and other persons forsaid are Actors art
and part, at least the same was done by the instigation,
hounding out, command, assistance and ratihabition of the
saids Charles Robertson, who to testify his guilt and accessson
thereto immediately before committing of the Crimes,
harboured and sheltered the persons actors and committers
thereof, within his house, and entertained them kindly therein.
And he having asked them what they had done, and they
having made known to him, he was altogether displeased and
said they had done too little for there was as much for a
buffet as a barkfull of strokes, and that he would have
thanked them if they had haged an spail of the tennents
cheecks, does evidently make appear and evidence the said
Charles his accession to the committing of the forsaid crimes
which being found by ane Assise—the Procurators for the
Pursuer craves that the Dyet may be continued because James
Potter, the principal witness, is absent. Answered by the if a witness not
Procurators for the Pannell, that James Potter being already presence^/1
examined before the Justices, both the Pannell himself and the E*cise fae
’ , . probative.
they as his Procurators consents that that Deposition be
received and be probative, and that the Assise proceed as
if the said James had deponed in presence of the Assise.
The Commissioners of Justiciary in respect of the consent interloquitor.
of the Pannells and his Procurators abovewritten, declares
that the said Deposition already taken shall be as legall
1 1660 also in Adv. MS. Should be 1669. 2 Kinmuirs in Adv. MS.
voi.. II.