This case was about a “birly court”: a voluntary association of small proprietors and tenants that regulated property lines and common pasturages in their neighborhood. The birly court in Elsrighill (Elsrickle) levied a fine on one of its members, John Wilson. When Wilson refused to pay, the court’s elected officers seized two of his pewter plates. Wilson complained to the sheriff of Lanarkshire, alleging that the birly court lacked authority to take such an action. The sheriff-substitute, John Bannatyne, found that the officers were guilty of a riot and had them detained. In response, the officers sued both Wilson and Bannatyne for wrongful imprisonment.

Locations

Session Papers

Information

Information for John Bannatyne, sheriff-substitute of Lanark, defender, against Andrew Aitken, portioner of Elsrighill, and others, pursuers

 		15 Nov 1779
Information

Information for John Wilson portioner of Elsrighill, defender, against Andrew Aitken, portioner of Elsrighill, and others, pursuers

 		15 Nov 1779
Pursuer's Proof

Pursuer's Proof in the Process Andrew Aitken Portioner of Ellsrighill, and Others, against John Wilson, Portioner of Ellsrighill, and John Bannatyne Sheriff-substitute of Lanark

 		1779
Information

Information for Andrew Aitken Portioner of Elsrighill, David Brown and James Richardson, Tenants there, present Birlymen for the Town of Elsrighill, and William Elder, Wright there, Birly Officer, John Cuthbertson, Portioner there, John Lawson, Farmer there, and John White of Howburn, Pursuers; against John Wilson, Portioner of Elsrighill, and John Bannatyne, Sheriff-Substitute of Lanark, Defenders

 		18 Jan 1780
Defender's Proof

Defender's Proof in the process of wrongous imprisonment, oppression, and damages, Andrew Aitken and others, Against John Wilson portioner of Elsrighill, and John Bannatyne, sheriff-substitute of Lanark

 		1779