ANSWERS FOR John Walkingshaw of Borrowfield. To the Libel at the instance of Robert Greenlies' in Glasgow, and Robert Yool, one of the Bailies thereof. WHereas there is a Libel Pursued before the Lords of His Majesty's Privy Council, at the instance of the forenamed Persons, against the said Burrowfield, founded upon several Ancient Laws against Privy Conventions, and putting on Armour within Burgh, without the Magistrates Licence, and against Convocating and Assembling within Burgh, and for Assisting the Magistrates for suppressing of Tumults: And subsumi●g, that notwithstanding thereof, the said Burrowfield drew his Sword and beat the said Robert Greenlies', and by many Execrable Oaths, swore he would kill him without any other Provocation, but that by order of bailie Yool, he had seized Two Horses belonging to Hugh Hamilton, for Transporting the Baggage of Colonel Hamilton's Regiment, and that he rescued the said's two Horses and sent them to his own Stables of Burrowfield; and therefore concluding him guilty of an unwarrantable Opposition to the Magistrates Commands, Beating and Blooding of the Town Officer, Sweeting and Profaning of the Name of GOD. To which it is Answered, That the Laws Libelled have no Relation to the matter of Fact subsumed, these Laws relating only to the unlawful Assemblies and Convocations within Burgh, and to the Tumults therefrom arising, but not to any casual Quarrel, though ending in Blows, which is frequent in every Burgh: And as for Burrowfield himself, he is no Inhabitant of Glasgow, but a Neighbour Heretor, and wears only an ordinary walking Sword, as much for Ornament as Use, and at no time puts on any of the Armour related to in those Acts, and at all occasions gives suitable respect to the Magistrates his Neighbours. And as to the Fact Libelled, the same is altogether Calumnious, for the Forces were Marched the day before, and the Baggage undoubtedly carried along with them, and Burrowfield going home to his own House without any Company but his own Servant, and seeing an Insult made upon Hamilton his Tenent, under Cloud of Night, forcing him from his Bed, and carrying away his Horses by Violence without any Warrant for that effect, Burrowfield judged it lawful to Assist his Tenent Hamilton in Defending him and his Horses from any, who Acted more like a Robber then a Person under Authority, which he did not pretend, but even upbraided Burrowfield, and offered to Beat him with a Rung: In which small Scuffle, if Burrowfield have taken his Sword in his hand to Compesce the Insulter his, Insolence, a Justice of Peace might have been sufficiently comptent for all that matter, without troubleing your Lordships; and Burrowfield believes, that the said Insulting Person himself, would never have Complained thereof, if Dowhill who must make business for the Town of Glasgow, to give him an Errand to Edinburgh on their Charges at this Juncture, had not made use of his Name for the end foresaid. Though Burrowfield be Libelled against for opposing the Magistrates in the lawful exercise of the Government, yet there is no circumstance of his Opposition Libelled upon, nor can be: And if that opposing of the Insulter be the Opposition meaned by, Burrowfield was innocent, for he did not look upon the Insulter as a Magistrate, nor saw he any Warrant from a Magistrate, nor did any Magistrate speak to him on the Subject: And seeing by the Acts of Parliament 1681, and 1693. The Magistrates of Burrows, are ordained to have a competent Number of Horses in readiness for the service of the Forces, Burrowfield could not doubt but that the Magistrates of Glasgow were accordingly provided; because they used to have a List of all the ordinary Carters and Bagage-Men, and appointed them their Rooms by turns: And it was never heard of, that ever there was so unevenly a cast of the Baggage Horse for one Regiment, as that Fourteen Horses of Sixteen should be put upon Burrowfield, his Tenants. Beside, that the Baggage was gone off, and that so the Insulter was doing unwarrantably in the silence of the Night, in Robbing Hamilton of his Horses, and the rather because they had been so employed for Six or Seven times successive of before, whereas they ought only to be employed by their turns, and with that discretion, that Carters and Hyrers Horse who have no labour be first employed, and those who leave labour; last, and this was in the throng of Hamiltons' labour. Whereas the Libel Subsumes, that Burrowfield used Execrable Oaths, the Libel is Calumnious, and he is known by his Neighbours to be free thereof, and to abhor the same: And if at any time in passion an Oath escape, he reputes it seriously, and would never have expected that any good Neighbour would have exposed him to your Lordships on that behalf, which might have been well judged by a Justice of Peace, to whom by their Instructions the Cognition thereof is committed. In respect of all which, Burrowfield ought to be Assoilzied, and the Anthors and Fomenters of this groundless Libel condemned in Expenses. Double of the Libel at the instance of John Walkingshaw of Burrowfield, Robert Turner, Richard Greenleis, James Greenleis, John Armour, William Martain, Thomas Green's, David Watson, and the other Tenants of the said John Walkingshaw. AGAINST John Anderson of Dovehill Provost of Glasgow, Robert Yool John Aird Elder, and john Warddrop, Bailies of the said Burgh of Glasgow. THAT whereby the Rules of Society Laws, Constitution, and Practice of this and all well governed Nations and Kingdoms, all necessary Burdens and Impositions are laid on and exacted by an equal Proportion; so that every Member of the Society, Residenter, and Subject in the Kingdom may bear an equal share; and that no Man be Oppressed, but every one bear an equal Burden: As also, By the good and wholesome Laws and Acts of Parliament of this Nation, and particularly the 4th. Act of the 4th. Sesse. of this current Parliament, ratifying and confirming the Act of Parliament 1681. and the Act of Privy Council, dated the 14 February 1693 years. It is thereby Statute, and Ordained, That where it shall be , that the Army have use for Bagage-Horses for transporting their Baggage from place to place, That if the Army or Party having use for the said Bagage-Horse, be in a Burgh, that the Horse may be employed and made use of by Order of the Commander of the Party, and the Magistrates of the Burgh jointly: And where the Horses are furnished & made use of in Landwart, by the order of the Commander, and one of the Commissioners of the Supply within the Shire. Likeas, By the Ninth Act of the Seventh Session of this Current Parliament, anent Quartering of Soldiers, The foresaid Act is confirmed, and just and equal Methods laid down, and Penalties determined against those who shall be Guilty in the matter of Quartering: And it is thereby declared, That the same Execution shall be granted for Carriages as for Quartering. As also, By the 45. Chap. Parl. 2d. Ja. 1. It is Statute, That all Judges do, and execute the Law evenly: And by the 17- Chap. Parl. 6. Ja. 2. It is Statute, That all Officers wilfully Trespasing in their Offices, shall tyne the same for Year and Day; And by the foresaid Act of Privy Council, confirmed by Act of Parliament, as aforesaid. It is Statute, That there shall be paid of Hire for each Horse, One Shllling Six Pennies for each Mile; And that it shall not be lawful to keep any Man's Horses longer than one Day. Likeas, By the Act of last Session of Parliament, anent the Security of the persons of the lieges, It is Statute, That no Man be imprisoned without condescending upon a particular and special Crime; and that no person be kept and detained in prison after sufficient Baill and Caution is offered for presenting the said person to abide and underly the Law, and that under the Penalty mentioned in the said Act: As also, by the Law and Practic of this Kingdom, The Spulzieing and Masterfully away-taking of Plough Horse in time of Labouring, is a Crime of a high Nature and severely punishable: Yet nevertheless, the said John Anderson of Dovehill, having shaken off all fear of God, Obedience, and Regard to His Majesty and Government, and the Laws and Acts of Parliament of this Kingdom, and the Rules of Christianity, and Society, He the said John Anderson, with Robert Yool, John Aird, and John Warddrop, and one or other of them, conceiving a deadly prejudice, Hatred, Malice, and Envy against the said John Walkingshaw of Barrowfield, and his Tenants, and snatching all occasions and oppertunities for Oppressing the said's Complainers, did upon the _____ day of March last by past, or one or other of the days of the said Month, when the Regiment of Foot under the Command of Colonel George Hamiltoun was to March from Glasgow; And when Application was made by the Officers of the said Regiment three Days before their March, that they had need of Sixteen Horses for Transporting their Ladies and Baggage; The said John Anderson and the other Defenders, albeit at that time there was Thirty common Carriers, and a Hundred Hireling Horses, which were constantly employed in such Services, did cause give Advertisement to the common Carriers and Horse Hirers, to keep their Horses out of the way, the Day when the Regiment was to March; whereas the foresaid Defenders ought to have Proportioned the Number of Horse, and appointed the Carriers and Horse Hirers to have been in readiness; But in stead thereof, The said John Anderson and the other persons complained upon, did send to the Complainers Lands, while his, and his Tenants Horses were Ploving, and in the Harrows albeit the Pursuers Lands lies not within the Jurisdiction of the Magistrates of Glasgow, and did Unjustly, Masterfully, and Oppressfully take away Fourteen of the Complainers and his Tenants Horses, whereas the Regiment had only for use Sixteen, and did pass by the common Carriers and Horse Hirers of the Town of Glasgow, whose Trade and Employment it is to furnish Cairts and Horses for transporting Persons and Baggages: And as further Instances of the said's Defenders, their Acts of Oppression, They hunded out, and gave Warrant to their Town Officers, who upon the _____ Day of March last bypast came under Cloud of Night, at Eleven a Clock, and broke open the Doors of Richard Greenleis and Hugh Hamiltoun, Two of the Compleaners Tenants, their Horses, while they were in their Beds, and draged them out of their Beds, and Seized their Horses, and secured them in other Stables, for the space of two Nights, to the great prejudice of the Horses, and the Tenants their Labouring, the Seed lying upon the Ground unharrowed: As also, John Boner, on of the Complainers Tenants, having his Horse Ploughing some Land belonging to John Luke, Dovehills Brother in Law, was exensed from carrying any of the Baggage; But when after the Regiment was Marched, and no more use for Baggage Horses, it was told Dovehill, That this said John Boner was one of the Complainers Tenants, the said John was committed to Prison until he should furnish Horses, albeit there was use for them: As also, the said Robert Yool one of the Defenders, having called David Watson, one of the Complainers, to furnish two Horse for Carrying the Baggage of the said Regiment, the said David told the bailie, that his Horses were Hired by his Master Burrowfield, and drawing in his Master's Plough: Nevertheless, the said Robert Yooll bailie, did most wrongously, and unjustly commit the said David Watson to prison until he should furnish two Horses upon his own expenses, and continued the said David in prison, albeit the Complainer his Master offered to Baill him in the Terms of the Act of Parliament, as appears by Instruments taken thereupon. Likeas, the Complainers Tenants Horses being so Masterfully pressed, were by the Direction of the said's Defenders, carried not only to Kils●th, the first days Journey, but likeways to Falkirk, contrair to the Act of Parliament and express use and practice in the like case, and when the Tenants Cairts and Horses were returned instead of receiving Three pound Scots for each Cairt, as constant use is; there was no more given to them but Two Shilling Starline: By all which it is evident, That the said John Anderson and the other persons above complained upon, are Guilty of manifest Oppression, Injustice and Crooked Judgement, and of the Breach of the Rules and Laws of Society, and of the Acts of Parliament, and Constitutions of this and all well governed Nations, which being proven, the forenamed Defenders, and ilke one of them, ought not only to be discerned to make up and repair the Damages and Losses sustained by the said Complainers and his Tenants, and to pay the Penalties & Fines contained in the Act of Parliament anent wrongous' Imprisonment, and to Loss and Tyne the Offices of Magistrates in not judging evenly; But also further Punished in their Persons and Goods, to the Terror of others to do the like in time to come, etc.