Procedure, 30 December 1701, Edinburgh

Att Edinburgh the Siventine Day of Jully [1701] yeares

D1701/7/17

D1701/7/17¹

Decreet

Decreet Jean Sken against the Magistrats of Aberdeen

Anent the Lybell or lettares of complaint purchased and Raised befor the Lords of his majesties privie councill att the instance of Jean Skeen daughter to the deceast James Skeen merchant in Aberdeen uith concourse of Sir James Steuart his majesties Advocate for his hignes intrest in the matter underurittine Makeing mentione that uher by the municipall law of this kingdome and the Constitutione of this and all other ueill governed Nationes the breakeing up or violently enterring Into houses or chambers of any his majesties Leidges by violence by uay of homesicken and the Dragging or Draueing the masters or mistreses of the same and Carrieing of them to prisone uithout any just legall uarrant or cause and their detaining of them uithout meat Drink or bed and forceing them to pay money unuarrantably And the dispossessing persones out of their just rights by uay of Bangastrie And also the exacting money urongously takeing three tymes more then uas due by illegall poynding valouable goods after sun setting Being all Crymes and Ryots highly aggrevated by their circumstances and punishable uith all Rigor especially when the saids crymes are Committed out of Forthought felloney And premeditate designe Nevertheless that John Allerdice present provost of Aberdeen Alexander Walker late provost their Thomas Mitchell late provost thr Alexander Forbes John Ross Alexander […] and Alexander Pattoune present baillies ther Alexander Ragg late bailzie James Milne late Dean of Gild John Gordon merchant Alexander Forbas merchant ther John Smith and² Gregor McGregor messangers and officers Ther Peeter Murray under Clerk ther Uilliam Frazer merchant ther Alexander Forbas merchant ther John Hardie officer ther John Ritchie and James Irvine laite officers ther are guilty of the forsaids crymes In so farr as the saids Thomas Gordone John Ritchie and John Hardie att the command and by the instigation of the other persones forsaids Did upon the Eightine day of Feburary One thousand six hundred and nynty Eight yeares or upon ane other of the dayes of the said moneth came to the house of the said Jean Skeen complainer uithin the toune of Aberdeen Boaden in fear of Uear uith hammers gadds of Irone suords staves and other investive armes threatning and designeing to have broke up the complainers said house (uhich ought to have been to the said complainer ane Sanctuary) But that they understood The complainer uas gone abroad for the tyme and not Satisfied uith this, The saids three persons Last as named in Lykemanner returned the nixt night under cloud and silence therof alittle past midnight uhile the said complainer uas fast asleep and the complainers gates and doores fast shut upon her and in the first place the saids John Hardie and John Ritchie be sett the house the one to the forgate, and the other to the back and the said Thomas Gordone³ Thomas Gordone uent to a dyke adjacent to One or other of the doores of the said compleaners house, and ther thrusting stones att her doores and unidoues uhich might have killed the said compleaner if providence hade not preserved her and uhen uith a great Gadd of Irone did breake to peices the timber and bands of the saids doores, and uold have penetrated furder into the house, the said Thomas Gordone came boadden as siad is accompanied uith the saids toune officers Robert Hay and James Irvine other tuo of the saids toune officers uith a Rabble of people of ay acend Saxis he being armed uith the forsaid Gad of Irone and other uapones for breaking up the door etc: and ane pair of smiths trukesis uith uhich he hade threatned to draw the said complainer by the nose But after he and his accomplicers hade past the outter doores of the complainers house they came to the door of that Chamber uher the said Complainer uas Lyeing in bed and broke open the same after uhich he commanded the said officers to carrie auay the said complainer by force in face of the Rable notuithstanding that disverse of good estate quality and Creditt nixt to the provost and other magistrats and offered to Bind themselves to present the said complainer to ansuear uaht they or any others hade to lay to the said complainers charge so that the said complainer uas dangerously sick att the tyme to avoid publict maletreatment and disgrace For the tyme the said Complainer leapt out att and Back uindou severall stories high by uhich she hade been killed outright hade not miraculous providence prevented, But the malice of the saids maigstrats not resting heir, They particularly the then provost and bailie Forbes not only refused to give the Complainer ane just redress of such ane Enormous abuse the said complainer hade metuich from the said Thomas Gordone sayeing that uhat he hade fone uas by ordour and uarrand from all the magistrats, But upon the […] day of […] therafter they caused under silence of night dragg the said complainer doun the street most unchristian and unhuman manner as if the said complainer hade been a malefactor by uhich the said Rabble threw great stones att the said complainer uhich might have infallablie killed her hade not some of the said complainers ueill uishers Interposed and caried the said complainer straight to the tolbooth uher the said complainer lay for the space of tuenty Four houres uithout meat or drink bedding or other conveniencie and therby exacted a fyne of tuenty shillings sterling from the said complainer uithout any just ground or cause for the same as a discharge produced in proces beares Lykeas the said complainer haveing conveined befor the the Lords of his majesties privie councill upon the tuenty seventh day of June one thousand sixhundred⁴ and nynty nyn years the saids defenders for ane ryot committed by them on the said Complainer and aggravaated uith many highning expressiones and circumstances in manner lybled in the letters raised therannent some of the saids defenders did most deceitfully detaine detaine⁵ the said complainer att Abbeerdeen and ther uas ane Insolent fellow called John Kertureight did come out of a Change house uho struck the said complainer uith hands and feet and blooded and bruised the said the said⁶ complainer by uay of rapt for uhich the said complainer hade the shirriff of Abberdeens leter and uarrant to pursue and give in the executiones therupon so that the said complainer uas not able to travell any uay the said complainer uas so abused by that Riged papist and this being one of the pleas of his majesties croune and ane attrocious cryme uhile in the mean tyme the said Alexander Forbes attended the saids Lords of his majesties privie Councill the said Day of compearance and obtained protestatione against the said complainer for not insisting in the said proces and also represented to the saids Lords of his majesties privie councill that the said complainer uas a made distracted woman uherupon The said complainer uas decerned to pay to the saids defendares the soume of ane hundred pounds scots and ther uas a decreit extracted horning and captione raised therupon accordingly and the saids Lords meinning and ordores uas not to exact but to be a teror, The truth is the said Complainer came no sooner home to Aberdeen the saids Defendares did send her a Charge of horning and the saids Magistrats did send messangers and officers uith their toune Clerks and tuelve men and did take Tuelve⁷ hundred merks scots of merchant goods from the said complainer and carried them to the publict mercat cross and Rouped them by severall ignorant men after sum sett and uould neither give the said Complainer ane discharge of her fyne nor ane executione of the payeing nor nor give the said complainer up the Captione nor any Inventar of what goods they hade taken from the said complainer But threatned her uith banishment if the complainer uould goe any furder and as if the crymes writtine hade not been enough to satisfie the implacable humour and malice of the saids magistrats and their associats and servants, The said complainer farther haveing a dask in the New Church of Aberdeen uhich uas built by the said complainers predicessores and hes been possesst by them past all memorie, they all their oun hand and uithout any ordour of Law or consent of any concerned did dispose upon and granted a gift of the said Dask to the viscount of Arbuthnott, and the said complainer haveing a factory from her brother uho hes right therto and principally furth of the kingdome, the said complainer hearing therof, she went to the Church upon the second day of February One thousand sivenhundred and one yeares last being the Lords day as in the said complainers usuall manner haveing gone to her fathers said dask, The said John Allerdice present provost of Aberdeen and the rest of the magistrats abovenamed did upon the said day send to the said neu church befor divyne service uas ended in the old church uhich is the Church nixt adjacent tuo of their officers To uitt the said John Smith and George McGregor and Forced te asid complainer of the said Dask and did imprisone her in the tolbooth in the Iron house therof, and did put other tuo Gentleuoman in the Laich tolbooth the same day For no other cryme But keeping their Grant Fathers dasks and did⁸ lett them out that night But keept the said complainer tuo dayes and one night uithout any cause or cryme But because the said complainer went into her fathers dask the said day as said is and by this it doeth appear hou much the saids defenders have taken advantage of the said complainers simplicity and Ingorance of the⁹ Law uhich uas never objected to any of the complainers ses and hou farr they have been conscious of their oun guilt uhen forced to Redeem themselves from the Crymes of open violence and oppressione by Secreat fraud and deceit By all uhich the forsaids persones defendars abovenamed and each of them are manifastly guiltie airt and pairt as actors of ane high ryot violence oppressione and disorder Illegall Imprissment and poynding and breach of this peace, and aught and should not only be decerned in the soume of […] For the said complainers damnadge and Expencess But otheruayes severally punished in ther persones and goods to the terror of others to committ the lyke in tymecomming, And anent the Charge to the saids defenders to have Compeared befor the Lords of his majesties privie councill att ane certaine day nou by gone to have heared and Ansueared to the forsaid complaint and to have heared and seen such ordour and course taken therannent as appertaines uith certificatione as in the principall lyble or lettares of complaint raised in the said matter uith the executiones therof att more lenth is contained uhich Lyble being upon the tenth day of Jullay instant called in presence of the saids Lords of his majesties privie councill, and the said complainers Compearing personally uith Mr John Spotisuood her advocate And the said John Allerdyce and Alexander Forbes Bailie in Aberdeen tuo of the Defendares compearing personally and the rest of the defendares being laufully¹⁰ called and not compearing and Mr Robert Forbes and Mr Uilliam Black compearing as advocats for the haill defenders the lybell and ansears made therto for the defendares being read and both pairties fully heared att the Councill barr And haveing considered the Lybell uith the ansueares forsaid made therto, The saids Lords of his majesties privie councill by their Interloquitor daited the tenth of jully instant Did therby Nominat and appoint The Lords Advocate and Phesdo and the Laird of Grant to be a Comitie to Indeavour to settle and agree the pairties and Recomends to the said commitie to meet the morrow and to make their Report to the councill uith their conveniencie and Declaires any tuo of the said committie to be a sufficient quourm Which committie haveing upon the sixteen day of Jully instant mett and haveing Endeavoured to have settled and agreed the matter betuixt betuixt¹¹ both pairties could not effectuat the same But made their report That they are of opinion, That the magistrats of Abedeen should restor to the said complainer the goods poynded from her in jully one thousand and sevenhundred yeares conforme to the instrument of poynding in their hands uherof they are to give the said complainer ane authentick Double subscribved by the Clerk of his majesties privie councill provyding that att or befor the complainers receit therof she enact herself to the good behaviour under the pain of Fourty pounds scots and that the Lords of his majesties privie Councill should ordain the said complainer to enact herself in manner forsaid whither she Receive her Goods or not, And the saids Lords of his majesties privie councill Haveing this day considered The above report, They heirby approve of the said commities Report and Interpones their decreit and authority therto And Decerns and ordains the saids magistrats of Aberdeen to restore to the said complainer the Goods poynded poynded¹² From her in Jully one thousand and seven hundred conforme to the instrument of poynding in their hands And Decerns and Ordaines the saids magistrats to give to the said Complainer ane authentick Double of the said Instrument subscrived by one of the Clerks of his majesties privie councill provyding that¹³ befor att the said complainer her receit of the said bouble she enact herself for her good behaviour under the pain of Fourty pound scots and the saids Lords of his majesties privie councill Did therby Decern and Ordaine the said complainer, to enact herself in manner forsaid whither she receaved the goods or not And the saids Lords recomended to the said Sir James Steuart his majesties advocate to see the said report and his sentance execute and obeyed, And also to see the private article of Fourty pound scots to be payed by the saids magistrats of Aberdeen to the said complainer actualy performed and the money payed and ordaines lettares of horning on Fyftine dayes and other executorialls needfull to be direct informe as effeires