Act, 29 December 1692, Edinburgh

Att Edinburgh the Twentie one day of January J^aj vj^c Nyntie two

D1692/1/25

D1692/1/25¹

Act

Act and Remitt Lodovick Grant of Freuchie against Sir Robert Gordon

Anent a Petition given in to the Lords of ther Majesties privy Councill be Lodovick Grant of Freuchie one of the saids Lords number Shewing That That² wher ther being ane alledged depredation Committed in June or Jully J^aj vj^c Eightie nyne upon Sir Robert Gordon of Gordonstoune and his tennents of the lands of Dallas Lying near to the braes of Murray and which was pretended to have been done by some persones living upon the petitioners ground and Sir Robert in April or May last haveing raised a summonds before the saids Lords upon the acts of Parliament that relate to the landlords and Cheiftains of Clans in caices of this nature, and which comeing to be called in course the saids Lords did not sustaine process by reasone of the informalities of the executiones, and which was a direct absolviter from the Lybell in that instance and is all evinced from the process it self and acts therupon extracted and therwith produced; And upon which Gordonstoune raised new letters Containeing a dispensatione to cite all parties concerned at the marcat cross of the shyres upon Pretence that ther was not tutas accessus And the messinger in the execution of thir last letters alledged that he was deforced in his office, and that his letters ware away taken from him by some of the petitioners men tennants and servants (which was both false and Calumnious) Sir Robert gave in a most Clamerous bill in December last Representing that the process was not sustained in the first instance Becaus the defenders ware not cited personally or at ther dwalling houses and that ther was no warrant to cite at the marcat crosses And that now upon this later deforcement it was evident that the former citation at the mercat cross was all that he could do, And that thefore process might be sustained upon the first lybell In Respect that the second was violently so taken away from the messinger and this last bill haveing been called upon the twentie fourthe day of december and at that time Sir Robert haveing produced ane execution under Heugh Thane Messinger his hand bearing a Citation at the marcat Croces of Elgine and Innverness against the persones mentioned in the second Lybell upon the last of november and first of December J^aj vj^c nyntie one And bearing Lykewayes ane executione of the pretended deforcement done to him in his office, And the petitioner not being here himself at the time, his Lawiers did object against the said execution as most suspect and Craved the same might ly in process till farder information were hade therof from the Petitioner in matter of Fact, The saids Lords by interloquitor superceided to give answer to the said Petition or determine the points of relevancy in relation to Gordonstounes process till the twentieone instant at which time the saids Lords ordered the petitione to be here present himself, and to produce the particular persones mentioned in their said interloquiter who had a more Immeediat dependance upon the supplicant And albeit this Lybell of Sir Robert Gordons will be found to be most Clamerous and caluminious in what may concerne the petitioner so the managing therof upon the event will be found to have been most indirect and unwarrantable Most of the defenders Called for whom the Supplicant is Craved to be Lyable not being so much as legally cited, But upon a most base and sinistreous designe a blank sheet of Paper sent over here to Edinburgh by the said Heugh Thane the messenger and filled up here at Edinburgh by Sir Robert or some petty agent at his order both as to the defenders names and as to the way and maner of their being cited and of his being deforced which as hereafter will appear will be found to be absolutely false as aforsaid, and as the petitioner does owe very much obligation to the saids Lords for allowing him a competent time to come over towards the vindication of himself from so malicious and groundless a lybell so the petitioner being acquanted from his Lawiers of what the saids Lords had ordered in relation to the premisses he had not only come over himself to attend the dyet of Councill Bot have Lykewayes brought over such others of the defenders as ware called his meniall servants and such as had a more Immediat dependance upon him In Relatione how far the petitioner or they might be concerned in this process, Bot as to these who are alledged to be the Immediat actors in the pretended depredatione and deforcement of the messinger, The saids Lords would be pleased to consider that they are not lawfullie cited, and that the executione of the messinger produced was extended in the way and maner forsaid, and is absolutely false and Calumnious And towards the Improveing wherof and that Gordonstoun may abide by the vertue of the same, ther is a bill given in to the saids Lords by such of the defenders as seen to be cheifly loadned in this Lybell, (³And for whom the supplicant in the outmost extent of law is but subsidiarie Lybale, And quher in they doe positively propone Improbation against the said execution as being absolutely false That Gordonstoune might abide be the same sub pericule falsi And which being prejudiciall to the pursuars insisting in the principall cause This Petitione given in for such of the defenders who seem to be most concerned must be legally Determined by the saids Lords before the Petitioner, or those others who are come over with him can be oblidged as is conceived to propone a legall defence in Causa, Secundo The saids Lords would be pleased to consider that this alledged depredation committed against the pursuar was done in the time of ane intestine Warr, and whill the Eenemies forces was up on the place In and about the time the depredatione was alleadged to have been Committed, so that how straitly so ever the Lewes and acts of Parliament run in the generall againest the Landlords and Chiftains of Clans in the Highlands yet that is only in time of peace and so cannot be extended to such a Circumstantiat case to have its equall force now contrair to the true Designe and Import of the Law Tertio the saids Lords would be pleased to Consider not only the Circumstances of time, And that ther was ane enemy in the Countrey who oblidged many of the comons to Joyne with them and which must Certainely allow a Relaxation from the severitie of these lawes as to Landlords and Cheifftains upon such ane occasion But Lykwayes that the petitioner did all that was then prestable by him and caused make search and inquyry for each of the pursuars goods as wer alleadged to be away taken within his bounds and caused accordingly make restitution of the same Quarto such was the prevalent of these that ware in Oppositione of the government for the tyme That the Petitioner was forced to retire himself to Innerness and did ther attend his majesties forces with a Considerable number of his oun clan and upon which account he and his men tennents and servants and others haveing a dependance upon the petitioner sufered great herships and depredationes in their cornes Catle and burning of their houses to the value of Upwards of Twelue hundred pund Sterling and wherof nather the petitioner or they have ever yett received a six penie And Therfore it is Remitted To the saids Lords Consider That as the pretended damadges done to the pursuer in this alledged Depredation Is not the hundred part of what the supplicant and his freends have suffered and for which the petitioner cannot be Lyable as is conceived for the grounds forsaid, So with all deference the supplicant hath much more reasone to apply to the saids Lords for a legall reparation of so vast and great damage done to him and his freends by these that were then in Opposition to the government and upon no other account bot for the petitioners adherence therto, then that he should be conveened as a Contradictor in this process upon a lybell so miserably patched up and Caried on by so unjust and indirect methods in relatione to the pursuars damadge which when at the bottom considered will be found to consist more in Clamour and groundless noise then of Just intrest or any thing else. And Therfore Humbly Craveing That before the saids Lords proceid to consider the principall cause and that seing Improbation is proponed for these who is most concerned in this process against the said False executione of Heugh Thaine the messenger which has Created all this trouble to the petitioner That the saids Lords would proceid to determine the Import of that point as being prejudicial and if any dificulty Occurred in the premisses, That they would call his procurator in their oun presence to be heard both against the relevancy of the Lybell and to what else way concerne the petitioners interest therin Or these others whom the petitioner has brought over As haveing a more Immediat Dependance upon the petitioner and that for the reasones and Causes aboverepresented and what upon debate might farder arise in relatione to the premisses as the said Petition bears The Lords of his Majesties Privy Councill haveing Considered the petition given in to them be the Laird of Grant with another petition given in to them be John Grant in Autharnick and other defender of the above proces at Gordonstounes instance and Haveing called both parties and their procurators and the pursuar and the Laird of Grant defender haveing Compeired both personally at the barr with their severall advocats which ware fully heard upon the subject maner of the said Petitiones The saids Lords of their majesties Privy Councill In Respect of the Laird of Grant his personall appearance Doe Sustaine Process upon the Lybell at Gordonstons instance notwithstanding of any alleadgence of Improbation proponed for the Laird of Grant or any other of the defenders Reserving the said alledgance of Improbatione to be insisted in before the Lords of session And Recomends to the saids Lords of Sessione to discuss the same sumarly without abiding the course oft he roll and the Councill Declares they will hear both parties upon the lybell, and allowes the Clerks of Councill to give up the ⁴Executione quarrelled notwithstanding of any former order appointing the same to remaine in their hands.