Act, 6 October 1697, Edinburgh

Att Edinburgh the Eleventh Day of Febrwary J^aj vi^c nyntie seven yeirs

D1697/2/14

D1697/2/14¹

Decreet

Decreit Lady Glenbucket

Anent the lybell or Letters of Complaint raised befor the Lords of his majesties privie Counsell at the instance of Jean Douglas Lady Glenbucket with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing mention That wher the Said Complainer being by her contract of mariadge by her deceast husband provided to have her liferent of Ane Thowsand merks yeirlie of frie rent owt of the best of her husbands Lands nearest adjacent to the house of Glenbucket and in corroboratione therof granted ane dispositione but prejudice of any clause that might contribute for the Complainers well and wtilitie of the Soume of ane thousand merks of yeirlie frie rent out of the particular Lands and mylne mentioned in the dispositione and granted ane precept of seasine for that effect dated the fiftein of October J^aj vi^c Seventie five yeirs wherupon accordinglie the Complainer was infeft the Complainer did efter her husbands decease in the yeir J^aj vi^c nyntie thrie enter into the possessione of the maynes and house of Glenbucket and uplifted Some of the rents of the Complainers Liferent Lands owt of which fond She did aliment her eight childrein till May Last Att which tyme Adam Gordon the complainers eldest sone being instigat by severall persones did on the […] Day of May Last or ane or other of the dayes of the said moneth when the said complainer was comeing South to take advice anent her affairs and being advanced a great part of her Journey the said Adam Gordon most wnaturallie wnchristeanlie and barbarouselie Shakeing of all fear of God and the filiall dwetie he owes his parents folloued efter the Complainer with armed force designeing to bring her back and She declyneing he avowed to Dragg her back at horses taills And in prosecutione therof he with Severall others that were with him Laid violent hands on the Complainer and threw her Severall tymes to the grownd to the great effusione of her blood and Dragged her captive back again the way or forth which is thrie mylls Distant from her house And when he was come to the house of Glenbucket he caused keep the complainer closs prisoner therin for the Space of threttie dayes without allowing her the necessarie meanes of Subsistance and attendance and truelie She could hardlie² eat any thing althowgh it had bein offered as it was not for fear of being poisoned and if it had not bein by the charitie of neighboures who in Some pairt Supplied her necessitie She had undoubtedlie Starved and while She was thus prisoner he the said Adam Gordon Secured all the Doors of the house and house hold furniture and violentlie Dispossessed her of all and neither Left her nor her childrein any mean of Subsisting yea not so much as her weareing cloathes bot was glad to escape with her life And also Seazed upon and abstracted her whole wrytes and evidents And Likewayes did violentlie at his own hand enter to the possessione and to the uplifting of the maills and Dweties of her Said Liferent Lands By all which it is evident that the said Adam Gordoune is gwiltie of a most heynows and unnaturall cryme And therfor he ought not onlie to be Decerned by our Saids Lords of privie Counsell Summarlie to repossess the said Complainer in the foirsaids houses household furniture and whole writes and all other goods and growing cropt upon the Maynes of Glenbucket But also owght to be Decerned in Ane Thousand merks yeirlie of frie rent to be payed to the Said Complainer out of the first and readiest of the maills and Dueties of her deceast husbands Lands And that as ane propper and competent aliment to the said Complainer And furder to be pwnished in his persone and goods to the terror of others And anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now by past to have ansuwered to the grounds of the above complaint And to have heard and Sein Such order and Course taken theranent as the Saids Lords Should think fitt under the paine of rebellione etc As in the principall lybell or Letters of Complaint and executiones therof at more lenth is contained which lybell or Letters of complaint being upon the third of September Last bypast called in presence of the saids Lords of privie Counsell And the persewer Compeareing personallie with Mr George Alexander her advocat And the defender also compeareing personallie with Mr William Calderwood his advocat Both pairties Lawiers being fullie heard And the Saids Lords haveing considered the lybell togither with the petitione given in by the defender they admitted the lybell to the persewers probatione And the wittnesses present haveing made faith The Lords appointed a Comittie for examineing these wittnesses and discussing the objectiones which might be made against them And allowed furder Dilligence against Such of the wittnesses as have bein cited and have not compeared And allowed the Comittie to examine the wittnesses upon Such pertinent interrogators as the defender Should give in And ther haveing bein Severall wittnesses adduced befor this Comitie The Said Jean Douglas Lady Glenbucket gave in a petitione to his majesties Commissioner and the Saids Lords of privie Counsell And the Laird of Glenbucket her son gave in ane other by way of ansuer therto And both petitiones being upon the threttie day of the Said moneth of September Last bypast read in presence of his majesties Comissioner and the Saids Lords His Grace and ther Lordships by ther interloqwitor of that dayes date appointed a Comitie for heareing of both pairties and to endeavoure to Setle and agrie them and in caise of difficultie to report to the Counsell Therefter The Saids Lords of his majesties privie Counsell by ther interloquitor of the threttein day of October J^aj vi^c nyntie Six yeirs upon a petitione given in to them by the said Lady […] Glenbucket they appointed ane other Comittie to meet with the perseuer and her son and to endeavor to setle and Agrie them in the lybell foirsaid depending at her instance against the defender befor the privie Counsell And in caice they Should not agrie then allowed a furder dilligence by Caption at the Ladyes instance against the wittnesses alreadie cited by her and not examined and alloued the Comitie formerlie appointed to examine these wittnesses And Decerned and ordained the defender to make payment to the persewer of Ane Hundereth punds Scotts And the saids Lords of privie Counsell By ther interloquitor of the date the third of December J^aj vi^c nyntie Six yeirs upon a bill given in to them be the said Lady Glenbucket added Ane hundered punds Scotts to the hundered punds in the foirsaid interloquitor of the threttein of October Last makeing both togither the Soume of Two Hundereth punds Scotts And decerns and ordains the Said Adam Gordon of Glenbucket Defender to make payment to the said Jean Douglas Ladie Glenbucket his mother persewer of the said soume of Two Hundereth punds for her present aliement and Subsistance and ordaines Letters of horneing to be direct on fiftein dayes at the Ladyes instance against her son and others needfull wnder the Signet of Counsell and Remits to the Lords of Sessione to Discuss the point of right in contraversie betuixt the petitioner and Mr Robert Burnet of Glenbortrie and Mr Robert Irvine parsone of Towie anent the dispositione made by the said Jean Douglas Ladie Glenbucket petitioner to them of her Liferent and betuixt the said Adam Gordon of Glenbucket defender in whose persone the right of the said dispositione Stands now transferred and in the mean tyme Superceeds to give Sentance upon the point of ryot untill the point anent the dispositione remitted to the Lords of Sessione be discust and determined And the saids Lords of his majesties privie Counsell haveing this day considered ane other petitione Given in to them by the said Jean Dowglas Lady Glenbwcket they heirby recomend to the Lords of Counsell and Sessione to discuss the point of right mentioned in the Counsells above interloquitor of the date the third of December J^aj vi^c nyntie Six and that Sumarlie without abideing the course of the roll and prorogats the dilligence at the petitioners instance for proveing the points of the lybell at her instance against her Son untill the fiftein day of Jwne next to come and allowes the wittnesses cited in that mater to be receaved by the Comitie alreadie appointed to examine them Anent the petitione given in to the Lords of his majesties privie Counsell be Alexander Heriot Shewing That wheras ther Lordships Servant and petitioner Alexander Heriot being ane teacher of book keepeing and hath applyed himself to find out and give easie directiones in the method of compt and reckning And for that end hath prepared severall tables with ane discriptione book for the applicatione therof which hath putt the petitioner to great paines and trouble which he hopes will be of great advantage to the publict the Same being now presentlie in the printing press for publishing therof And feareing that others efter its publicatione will cause reprint the said book and tables aither at home or abroad and so vend and sell the same in this kingdome wherby the petitioner would be frustrat both of his great paines and of the money bestowed by him And therfore humblie craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione They heirby discharge any persones whatsoever to reprint or import into this kingdome the foirsaid book intituled Ane Descriptione book with tables of exchange and aboverent for dayes moneths and yeirs for the space of nyntin yeirs efter the date heirof under the paine of confiscatione of the same to the petitioner who is author therof And for publicatione of the presents allowes the Same to be printed