Att Edinburgh The Fifth day of January Jaj vic Nyntie Nyne years
D1699/1/2
D1699/1/21
Act
Act In the suspensione Gordons Against Grant and Wiseman
Anent The bill of suspensione given in and presented to the Lords of his majesties privy Councill be George and John Gordone, Lawfull Sones to George Gordone of Rothemay and William Logie eldest Lawfull Sone to John Logie of Boddom, and the saids George Gordon of Rothemay and John Logie of Boddom for their interest Shewing That wher in ane Court holden by the Commissioners of Justiciary for the Northern districk within the Tolbooth of Elgine upon the Twentie Second day of November Last by past, The saids George and John Gordons sones to Rothemay and William Logie sone to the said John Logie were denounced decerned and declaired fugitives and outlawes by his Majesties Lawes and acts of parliament, and to have no benefit therof in all time therafter and their moveable goods and geir to be Escheet and inbrought to James Wiseman their procurator phiscall and Collector of […] for the use of the saids Commissioners For their not Compearing personally before the saids Commissioners upon the said day to answer to the points of ane Lybell and Complaint raised and execute against them to the Saids Commissioners at the instance of John Grant of Ballindalloch and Alexander Grant of Kirkdaills his brother german and nearest of kine to Patrick Grant […] with Concourse of James Wiseman procurator Fiscall to the saids Commissioners Wherby […] and lybell against the petitioners That upon the Twentie fifth of October Last by past or ane or other of the dayes of the said moneth The saids George and John Gordons and William Logie […] Did Fraudulently and upon ane evill Designe intice and draw away Patrick2 Grant from his dwalling house at the kirktoune of Byne and haveing brought him […] of Insh wher they alleadge the petitioners and their Complices waited for the said Patrick Grant […] being armed with pistolls Guns and Swords etc Did most murderously fall upon the said Patrick Grant and beat and Wound him in the head and draw him throw the house and Closs […] of Insh and that the petitioners should have fired and shott severall pistolls at the said Patrick Grant […] received seaverall shotts and Wounds in the body and particularly ane most mortall Wound by a Shott in the head from a pistoll Loaded with Haill, Sluggs and Culted Lead Which break his Jaw-bone As the Samen is more fully Narrated in the Complaint given in against the petitioners and narrated in the forsaid Decreet as also upon the twentie thrid day of the said moneth of November Last the said John Logie of Boddom was fyned, and amerciat by the saids Commissioners in the Soume of Two Hundred merks Scots money to be payed to their said procurator Fiscall for his not presenting the said William Logie his sone and John Patersone his Servant to Justice, as ane Extract of the forsaid decreet under the hand of the Clerk of Court therwith produced would testifie, Against which decreet and Sentance the petitioners Ought to be reponed and the Samen Suspended and the petitioners relaxed for the reasones and Causes following Primo the saids Commissioners by the said decreet Comitted manifast iniquity, In so farr as that the petitioners haveing Compeared before the saids Commissioners of Justiciary by Mr Alexander Lesslie and Patrick Murisone their procurators, and Craved that the saids Commissioners would allow them to debate and give in in wryt severall reasones and grounds of Law why the petitioners were not oblidged or could Compear to answer before them, Which the Saids Commissioners altogither refused to admitt or accept off, or to hear any defences given in for the petitioners unless they were personally present, as by their interloquitor in the said decreet marked on the margine with the figure (thrid) therwith produced would testifie Secundo the saids procurators being debarred from proponeing their Lawfull defences betook themselves to the nixt remeedy by drawing them up in wryt and gave them in to the Clerk of Court And wherupon took instruments which are as followes Viz primo that they were not cited upon a Competent number of dayes as appeared by the executione Secundo that the petitioners were neither Cited personally nor at their dwalling places or marcat Cross of the Shyre wher they Lived as wes Observall and necessary in all Criminall Citationes Which the execution did Likways instruct Tertio that the Copies alleadged to be given the petitioners did neither bear the witnesses names nor designations Quarto they offered positively to Improve3 the executiones alledged to have been given against the petitioners Quinto they could not appear before the saids Justiciars without the eminent danger of ther Lives not haveing tutus accessus to the said Court for the Saids John and Alexander Grants haveing formerly threatened to murder the petitioners and they haveing at the time convocat, and brought with them to the toune of Elgine two hundred men at least, and most of them being nottorious rebells and Slight men Who have never Imbraced the benefit of his majesties indemnity and haveing placed them at severall posts near the toune Court house to have Shot and murdered the petitioners if they should have Compeared at the said Court the petitioners were necessitate to Lurk in the toune for Some tyme, and therafter to retire out at a back gate for fear of being murdered and assacinated by the said proffligat rebells and Ruffians Sexto That the matter Complained of beign only a Scuffle wherupon neither death nor Mittulation hade followed The Samen did no wayes fall under the Compass of their Commission Especially Seing the Samen was res hacteng Judicata by the Shiriff of Aberdeen within whose bounds the Scuffle hapned all which defences being Competent against the executiones and Impeditive processes were Nevertheless rejected by the saids Commissioners in a most arbitrary maner and Contrair to all Law and inviolable forme of process as Instruments taken therupon under the hand of the Clerk of Court therwith produced would testifie Tertio Patrick Grant alleadged injured was not at all Compearing or Complaineing Neither was their any warrand from him produced Impowering either his brother or the procurator Fiscall or any other persone insist in any Such Complaint, And albeit brothers and relations may persew and insist for the death and Slaughter of their freinds, yet for privat injuries Such as blood and Battery alleadged given to any persone as of threttie years of age and upwards was never allowed to be insisted in at the instance of any freind or relatione without a Speciall mandat and Commission from the persone himself who is alleadged to receive Such injuries and it was pars judicis for these Commissioners to have noticed Such Nullities in Lybells before them, and the sustaining therof at the instance of the Saids pursuers for the injurie alledged to have been done and Committed upon the person of the said Patrick Grant their brother was altogither Illegall unjust and without warrand, Likeas the Lybell and Complaint was and is in it self absolutely false and groundless in every point, And was evident by this That albeit it was their Lybelled against the petitioners that the said Patrick Grant was either actually dead, or in adyeing Conditione past all hopes of recovery, yet the said Patrick Grant is at this present hour in perfect health as ane testificat therof under the hand of Patrick Cushney his Chirurgeon and of knowen fame and reputation therwith produced would testifie Quarto as the said Patrick Grant was not at all Compleaner in the said proces So neither could he have the Confidence to insist in any Complaint or proces upon the grounds therin contained, It being clear and undenyable that he himself was author and only person who began that pretended Scuffle, He himself being the only agresser and haveing pulled William Logie younger of Boddem to the ground and tread upon him with his feet, and when he was so beatt and no able to rise, Bot lying upon his back, So Cruell and barbarouse was the said Patrick Grant, That he drew and Cockt a pistoll of designe to have Shott him dead, when he was Lying upon the ground as said is, and which undoubtedly he would have effectuated if by Providence John Patersone, hade not diverted him by fyreing a pistoll with Some Small graith at his face, and therby diverting him from his Cruell intended murder against the said William Logie, Quinto for verifieing that the forsaid decreet and sentance proceeds without any Citatione against the petitioners either personally or at their dwalling places, or at the head burgh of the Shyre wher the petitioners Lives the extract of the said decreet therwith produced and opponed at the figure (1) on the Margine, and for verifieing that the said pretended ryot or Battarie was res Judicata prior to the attatchment of the saids Interloquitor4 ane extract of the decreet pronounced by the Shirreff of Aberdeen theranene dated the Eightein day of november Last Likewayes therwith produced would testifie, And therfore the forsaid decreet and sentance ought to be Suspended and the petitioner relaxed and Nevertheless the petitioners were Content to find Cautione Incase etc And Therfore Humbly Craveing the saids Lords would Grant warrand for Letters to Sumond the Said John and Master Alexander Grants pretended persewars and the said procurator Fiscall for his intrest etc To have Compeared before the saids Lords at ane Certain day Bringing with them the forsaid present Decreet etc And to have heard and Seen the Samen Suspended and the petitioners relaxed etc as in the said bill of suspensione at more Length is Contained Which bill of suspension at the instance of the said John and George Gordons and others against Grants and Wiseman Chargers and answers made therto5 Being this day read in presence of the saids Lords of his majesties privy Councill They Have Refused and hereby Refusses to pass the said bill of suspension And Ordaines George Gordon eldest Lawfull sone to John Gordon of Rothemay to be instantly taken into custody by the Macers of privy Councill untill he give bond and find sufficient Caution acted in the books of privy Councill, That he shall answer as Law will to the Commissioners of Justiciary within the northern district at their first meetting at the toune of Elgtine in the moneth of march nixt, and therafter at such other dyets as shall be appointed by the saids Commissioners from time to time to which he shall be requyred to attend by the Citatione personally or at his fathers dwalling house, and answer to the Crimes Contained in the decreet Charged on, or which shall be otherwayes Laid to his charge theranent under the penaltie of Two Thousand merks Scots incase he shall transgress in any part of the premisses and incase he do not instantly find Caution Ordaines him to be Committed prisoner within the Tolbooth of Edinburgh therin to remaine dureing the Councills pleasure.
1. NRS, PC2/27, 174r-177r.
2. Insertion. The word ‘Alexander’ scored out here.
3. The prefix ‘Im’ is an insertion.
4. This word is only partially legible, having been written over another word.
5. The words ‘and answers made therto’ are an insertion.
1. NRS, PC2/27, 174r-177r.
2. Insertion. The word ‘Alexander’ scored out here.
3. The prefix ‘Im’ is an insertion.
4. This word is only partially legible, having been written over another word.
5. The words ‘and answers made therto’ are an insertion.