Urquhart and Glenmoriston
Olden Times in a Highland Parish

[490]

PROCEEDINGS BRIGADIER GRANT AGAINST
ALEXANDER MAC UISDEAN GLASS, IN BUNTAIT, AND HIS MOTHER.
[From Mr Fraser-Mackintosh’s “Antiquarian Notes.”]

WILLIAM, LORD STRATHNAVER, Sheriff-Principal of the shire of Inverness, to our officers in that part, conjunctly and severally constituting, greeting: This precept seen, you pass and lawfully summon, warn, and charge to compear before us or our deputes, one or more, within the Tolbooth of Inverness, in ane Sheriff Court thir to beholden the and days, in the hour of cause for first and second diets, to answer, at the instance of Brigadier-General Alexander Grant of Grant, in the matter under written, that is to say, that whereupon the day of seventeen hundred and eight years, or ane or another of the days of the month of that year, there was away taken out of one of the vaults of the Castle of Urquhart, belonging to the said pursuer, ten ton cake lead at two thousand pound weight each ton, which ten ton lead was a pairt of the lead with which the said Castle of Urquhart, belonging also to the pursuer, was covered; as also, about the time before mentioned, there was away taken furth of the said Castle, some deals or parts of the partitions of the chambers in the said Castle, which lead and deals being for some time amissing, and diligent search made for the same, there was found of the said ten tons of lead and quantity of timber or deals, in the said defenders their houses and barns in Buntait, or in their possession, upon the day of seventeen hundred and seventeen years, a lump, piece, or cake of lead, or two or three pieces of a cake of lead, which was taken out of the said vaults, as also one or other of the said defenders used all the said deals or partitions, at least a part of them, for making chests, girnels, or some other household or necessary materials, by which it is averred that the said defenders, or either of them, were the way takers of the said whole lead and partitions, and therefor ought to make payment of the same; Albeit it is of verity that the said pursuer, and others in his name, have frequently desired the said defenders to make restitution of the said ten tons of lead and two hundred deals as part of the said partitions; nevertheless they refused, &c., and therefore the said defenders, to hear and see themselves, decerned in solidum to make payment to the said pursuer of one shilling Scots per pound for every pound of the said ten tons lead, computing two thousand pounds weight to each ton, extending in all to one thousand pounds Scots money, as also [491] six shillings Scots for each deal of the said two hundred deals being partitions, extending to sixty pounds Scots money foresaid, after the form and tenor of the laws of Scotland as in like cases, or else to allege a reasonable cause to the contrair; and sicklike that ye fence, cross, and arrest all and sundry the said defenders, their readiest corns, cattle, horses, nolt, sheep, insight plenishing, debts, sums of money, and all other goods and gear whatsoever wherever or in whose hands the same may or can be apprehended within the bounds of our office and jurisdiction, to remain under sure arrestment unloosed at the said pursuer’s instance, ay and while sufficient caution be found, acted in the Sheriff Court books of Inverness that the same shall be made furthcoming to him as law will with certification as effeirs, according to justice, etc. Given under the hand of the Clerk of Court at Davochfour the twenty-ninth day of October 1718 years.

                                                                                                            (Signed)            JOHN JACKSON.

On the third day of November 1718, Alex. Mac-Uisdean Glass, in Buntait, and Elspet nin Uisdean-Mhic-Fereichar, there, his mother, are cited as defendants.
Inverness, 13th January, 1719 — Mr Alexander Clark, Sheriff Depute, Actor Alex. Munro, John and Alex. Baillie. George Forbes, for the defenders, denies the libel. The pursuer offered to prove the libel, and craves a day may be assigned for citing witnesses, and a warrant for that effect.
The judge admits the libel to the pursuer’s probation, and grants diligence for that effect against the day of
next.

                                                                                                            (Signed)            ALEX. CLARK.

Inverness, 24th February 1719 — Mr Alexander Clark, Sheriff Depute, in the proof Brigadier Grant against McHutcheon Glass in Buntait.

The witnesses following being charged by virtue of letters of diligence, are admitted in the terms of the last interlocutor, viz., William vic Allaster, vie William, vic Vurrich, in Buntait, a man unmarried, aged twenty-six years or thereby, purged of partial counsel, duly sworn and interrogat — What he knows of the defenders or either of them their away taking of the lead and timber libelled, and what quantities of either he saw or knows to be in the defender’s or either of their possession and custody, whether in house, barn, or any other place. Depones negative as to the lead and timber, which is the truth, as he shall answer to God, and depones he cannot write.

                                                                                                                        (Signed) ALEX. CLARK.

[492] John Miller, a married man, aged thirty years or thereby, purged of partial council, was cast, because be owned he had malice and ill-will against the defender.

                                                                                                                        (Signed) ALEX CLARK.

Ferquhar Urquhart, aged forty years or thereby, and married, objected against, that he cannot repeat the Lord’s Prayer, Creed, and Ten Commandments, which he did. Depones — That at the time libelled, he made a chest to the defender M’Hutcheon Glass, which the said defender himself told the deponent the timber was of the deals of the Castle of Urquhart, and depones the chest would hold a boll of meal or thereby. Depones he knows nothing of the lead causa scientiae patet; and further depones, the deals used to the chest were formerly made up of either in lofting or a partition, and this is the truth, as he shall answer to God, and depones he cannot write.

                                                                                                                        (Signed) ALEX. CLARK.

William M’Hector, an unmarried man, aged twenty-two years or thereby, purged of partial council, duly sworn and interrogat, ut supra. Depones that in the beginning of last summer, he saw in the widow’s house, one of the defenders, the bigness of a shoe sole of lead, and in that form, of a thin lump, but does not know from where it came, caissa scientiae patet. Depones he knows nothing of the deals, which is truth as he shall answer to God, and cannot write.

                                                                                                                        (Signed) ALEX. CLARK.

Donald Noble, aged twenty years or thereby, purged of partial counsel, duly sworn and interrogat. Depones that about a year ago he saw in a byre belonging to M’Hutcheon Glassich, two pounds of lead, in the form of a slate, and in the form thereof, and about the thickness thereof, or of a cow’s hide. Depones he knows not from whence it came, and knows nothing of the deals, causa scientiae patet; and this is the truth, as he shall answer to God. Depones he cannot write.

                                                                                                                        (Signed) ALEX. CLARK.

The pursuer’s procurator craved a further diet for adducing the other witnesses, and a warrant for apprehending their persons, and if that be not granted, that they be not straitened in the dyet, so as they may have letters of diligence and supplement from the Lords of Session.

[At this stage the proceedings drop.]

Appendix F