Decreet, 2 August 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/41

Decreet

Decreet and Act Gordone Against Leith and Gordone

Anent our Soveraigne Lord and Ladies letters raised before the Lords of their Majesties privy Councill at the instance of Hary Gordon of Avachie and Sir William Lockhart their majesties solicitor for their intrest in the matter underwritten Mentioning That quher by the Lawes of this and all weell governed realmes all violent oppression and molestation of men in their persones rights and possessiones are straitly forbidden especially wher the same are acted and reacted with invetrat malice and proceid to that height as to invade peaceable men in their dwalling houses under cloud of night every mans dwalling house being his sanctuary by breaking up of doors invading them with all Sorts of offensive weapons such as guns pistolls, swords and the like and doeing violence to their persones by the threating beating bruising wounding and Carieing some of them away as Captives as Lykwayes when the same is done against Countreymen at their necessary labour, by threating beating stopting of their Labour and dryving their Catle amongst their corne to be eatten and Distroyed And when all this is done designedly to intertect the masters and propriators possession and so overturne his Right, And for that effect to Compell them to take tacks from other persones then their true and lawfull master and to subscribe the samen, And that with ante dates which is falsehood alse weell as violence the latter to disguise and Cover So great a villany and wickednes which in its example threatens all mens lives and Fortunes, As Lykewayes in anywayes to hound out assisst Countenance or Ratihabitione the forsaid acts violence, oppressione, molestatione and intrassione, either by makeing use of the saids tacks, or offering to Detaine the said possessione from Which the true professor is Thrust in maner forsaid or in any other maner of way are also crymes strictly forbidden and Discharged nevertheless It is of verity that Peetter Leith in Torries Shaking of all fear of god and man after that he had been Imprisoned in the Tolbooth of Elgine be vertue of Councill Caption for severall Ryots and controventiones of Laborrowes about the same subject now in Contraversie brock thorow the same prison and made his escape therfrae in the moneths of Aprill or may last, And in one or other of the saids dayes or nights of the saids moneths of Aprill May and June instant came to Kirktoune of Oven pertaineing to and possess be the pursuar, And their under cloud of night invaded the tennants in their houses breaking up their doors and shooting a hagbut loaden with thrie leads throw the doors particularly George Gordon ther He invades their houses, and the men being frighted away threatenes beatts and wounds to the effusion of blood their wyfes and servants particularly the wyfe of Alexander Harper and to put the poor people in the greater Fright cryed out that they ware all dead men and Women, And intimating plainely that he would destroy them unles that they would take their lands and houses of William Erskine of Pittodry who is in effect his Cousine and Confident he himself being ane outlaw and fugitive and boasting and vaunting therof And Therfore Carieing on his violent designes by the said William Erskine in order querhunto he did farder at the forsaid tyme carie away two men vis Henry Wright and William Runchiman whom he found after that they hade fled out of their houses and caried them away under night as captives by force to the topp of a wild mounton called Benduplugh, wher he keept them all night till the nixt morning in great terror of their lives he being weell armed and they poor naked men, And farder he came therafter in one or other of the saids dayes in open day hight to the said toune and feilds, And Finding the said Alexander Harper and William Runchiman at their labour he threatned to beatt and wound them and still telling them that they must take their lands and subscryve tacks to the said William Erskine, Lykeas he drove their catle among ther corne and keept them their on purpose to destroy and waist the same, And so outragious was his furry against the poor people to obtaine his forsaid end, That for about a moneth tyme he vexed and Chased them away from their houses and labours and never ceased untill he got them to subscryve tacks to the said William Erskine as said is, The Like quherof he also practised by the same methods of2 violence upon the tennents of old Hearthill, Lykewayes pertaineing to and possessed by the pursuar, And that he might better Cover his said violence and more subtiltie invert the pursuars possession He or the said William Erskine of Pittodry falsely antedated the forsaid tacks all which he did not only against the pursuars right and possession for to subvert the same as said is, Bot against express Decreets of Parliament Ordaineing the parties to possess hinc inde without molestation, And farder to demonstrat the said William Erskine his accessione to the forsaid violence and oppression when that the pursuar hade demanded of the forsaid Hary Wright that he should restore to him the possession that he hade been forced to doe by Peetter Leithes violence hade given him back the key of the house and the doors ware lockt by the pursuar, The said William Erskins wyfe The Ladie Pittodrie sent two men who came and break up the doors and againe took possession Lykeas the said William Erskine hath given to the saids tenent driven and forced to take of him as said is, The saids new tacks so that they have double tacks both of the pursuar and Pittodrie, and he doeth oun and adhere to that possession which the said Peetter Leith hath procured to him by the forsaid violence as said is, And Farder the said Pittodrie about the same tyme being at Kirktoune of Ovan and meetting with the pursuar said to him that if troublesome tymes came, And he found him in Kirktoune of Oven he would stow the luggs out of his head, By all which it is manifast That the said Patrick Leith is guilty of oppressione and violence and of a most wicked Designe and practice of of3 interverting the pursuars possession which he hade 4 Injoyed for more nor these twelve years, And that the said William Erskine of Pittodrie is accessory therto at least Airt and pairt of the same, For Which crymes they ought not only to be condemned in the pursuars Damnadges and expences Which he cannot tax lower then ane Hundred pounds Sterling, Bot also punished in their persones and goods to the example and terror of others, Lykeas the shirreff of the shyre should be ordered by the saids Lords of privy Councill to see the said pursuar fully Reposed And to mantaine him in his possession against the forsaid persones and all others except be order of Law, And Anent the Charge given to the said Peetter Leith and William Erskine defenders To Have Compeired before the saids Lords at one certaine day bygone To have answered to the grounds of the abovewritten Complaint, And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt As the said letters and executiones therof at more leanth is Contained Which Lybell being called in presence of the saids Lords And the pursuar Compeiring personally with James Stewart senior his advocat And the said Patrick Leith one of the defenders being oft tymes called and not Compeiring And the said William Erskine of Pittodrie the other defender Compeiring also personally with Sir James Ogilvie, Sir David Thores and Mr Hew Dalrymple advocats his procurators The saids Lords of their Majesties privy Councill Haveing Considered this Lybell with the answers made therto for Pittodrie Togither with the petition given in to them this day be the Earle of Aboyne and John Stewart his factor for his intrest Representing that the said Earle has right to the above Lands of Kirktoune of Oven, And that Earle being out of the Countrie his papers to defend himself are not recovered, Therfore Craveing his rights and possessione to be Reserved as accords, And the matter to be referred to the Lords of Session The Saids Lords Doe heirby Grant Certificatione against the said Petter Leith And Ordaines letters of Denunciatione to be direct to messengers at armes Comanding them to pass to the marcat croce of […] And their in their Majesties name and authoritie duely Lawfully and orderly Denunce the said Peetter Leith their Majesties rebell and put him to their highnes horne, and escheat and inbring all their Moveables goods and geir to their Majesties use for their contemption and disobedience, And Imediatly after the said denuncatione to use the haill remanent order Prescrybed by act of Parliament made theranent And the saids Lords have assoylzied and heirby assoylzies the said William Erskine of Pittodrie from the points and articles of the forsaid Lybell raised against him in so farr as may be extended to any ryot And Remits the point of right betwixt the parties Competting for the soume to be determined by the Judge ordinary, And Decernes and Ordaines the said Hary Gordon of Avachie pursuar to make payment of the expences of the witnesses cited And come to Edinburgh in this proces at the rates following Viz to each horssman sixtein shilling scots per diem And to each footmen Eight Shilling Scots per diem Come […] from the […] day of […] to the […] day of […] And Ordaines letters of horning to be direct heiron for payment of the witnesses expences upon […] Warning.

Edinburgh the second day of August Jaj vjc nyntie two years ante meridiem

D1692/8/41

Decreet

Decreet and Act Gordone Against Leith and Gordone

Anent our Soveraigne Lord and Ladies letters raised before the Lords of their Majesties privy Councill at the instance of Hary Gordon of Avachie and Sir William Lockhart their majesties solicitor for their intrest in the matter underwritten Mentioning That quher by the Lawes of this and all weell governed realmes all violent oppression and molestation of men in their persones rights and possessiones are straitly forbidden especially wher the same are acted and reacted with invetrat malice and proceid to that height as to invade peaceable men in their dwalling houses under cloud of night every mans dwalling house being his sanctuary by breaking up of doors invading them with all Sorts of offensive weapons such as guns pistolls, swords and the like and doeing violence to their persones by the threating beating bruising wounding and Carieing some of them away as Captives as Lykwayes when the same is done against Countreymen at their necessary labour, by threating beating stopting of their Labour and dryving their Catle amongst their corne to be eatten and Distroyed And when all this is done designedly to intertect the masters and propriators possession and so overturne his Right, And for that effect to Compell them to take tacks from other persones then their true and lawfull master and to subscribe the samen, And that with ante dates which is falsehood alse weell as violence the latter to disguise and Cover So great a villany and wickednes which in its example threatens all mens lives and Fortunes, As Lykewayes in anywayes to hound out assisst Countenance or Ratihabitione the forsaid acts violence, oppressione, molestatione and intrassione, either by makeing use of the saids tacks, or offering to Detaine the said possessione from Which the true professor is Thrust in maner forsaid or in any other maner of way are also crymes strictly forbidden and Discharged nevertheless It is of verity that Peetter Leith in Torries Shaking of all fear of god and man after that he had been Imprisoned in the Tolbooth of Elgine be vertue of Councill Caption for severall Ryots and controventiones of Laborrowes about the same subject now in Contraversie brock thorow the same prison and made his escape therfrae in the moneths of Aprill or may last, And in one or other of the saids dayes or nights of the saids moneths of Aprill May and June instant came to Kirktoune of Oven pertaineing to and possess be the pursuar, And their under cloud of night invaded the tennants in their houses breaking up their doors and shooting a hagbut loaden with thrie leads throw the doors particularly George Gordon ther He invades their houses, and the men being frighted away threatenes beatts and wounds to the effusion of blood their wyfes and servants particularly the wyfe of Alexander Harper and to put the poor people in the greater Fright cryed out that they ware all dead men and Women, And intimating plainely that he would destroy them unles that they would take their lands and houses of William Erskine of Pittodry who is in effect his Cousine and Confident he himself being ane outlaw and fugitive and boasting and vaunting therof And Therfore Carieing on his violent designes by the said William Erskine in order querhunto he did farder at the forsaid tyme carie away two men vis Henry Wright and William Runchiman whom he found after that they hade fled out of their houses and caried them away under night as captives by force to the topp of a wild mounton called Benduplugh, wher he keept them all night till the nixt morning in great terror of their lives he being weell armed and they poor naked men, And farder he came therafter in one or other of the saids dayes in open day hight to the said toune and feilds, And Finding the said Alexander Harper and William Runchiman at their labour he threatned to beatt and wound them and still telling them that they must take their lands and subscryve tacks to the said William Erskine, Lykeas he drove their catle among ther corne and keept them their on purpose to destroy and waist the same, And so outragious was his furry against the poor people to obtaine his forsaid end, That for about a moneth tyme he vexed and Chased them away from their houses and labours and never ceased untill he got them to subscryve tacks to the said William Erskine as said is, The Like quherof he also practised by the same methods of2 violence upon the tennents of old Hearthill, Lykewayes pertaineing to and possessed by the pursuar, And that he might better Cover his said violence and more subtiltie invert the pursuars possession He or the said William Erskine of Pittodry falsely antedated the forsaid tacks all which he did not only against the pursuars right and possession for to subvert the same as said is, Bot against express Decreets of Parliament Ordaineing the parties to possess hinc inde without molestation, And farder to demonstrat the said William Erskine his accessione to the forsaid violence and oppression when that the pursuar hade demanded of the forsaid Hary Wright that he should restore to him the possession that he hade been forced to doe by Peetter Leithes violence hade given him back the key of the house and the doors ware lockt by the pursuar, The said William Erskins wyfe The Ladie Pittodrie sent two men who came and break up the doors and againe took possession Lykeas the said William Erskine hath given to the saids tenent driven and forced to take of him as said is, The saids new tacks so that they have double tacks both of the pursuar and Pittodrie, and he doeth oun and adhere to that possession which the said Peetter Leith hath procured to him by the forsaid violence as said is, And Farder the said Pittodrie about the same tyme being at Kirktoune of Ovan and meetting with the pursuar said to him that if troublesome tymes came, And he found him in Kirktoune of Oven he would stow the luggs out of his head, By all which it is manifast That the said Patrick Leith is guilty of oppressione and violence and of a most wicked Designe and practice of of3 interverting the pursuars possession which he hade 4 Injoyed for more nor these twelve years, And that the said William Erskine of Pittodrie is accessory therto at least Airt and pairt of the same, For Which crymes they ought not only to be condemned in the pursuars Damnadges and expences Which he cannot tax lower then ane Hundred pounds Sterling, Bot also punished in their persones and goods to the example and terror of others, Lykeas the shirreff of the shyre should be ordered by the saids Lords of privy Councill to see the said pursuar fully Reposed And to mantaine him in his possession against the forsaid persones and all others except be order of Law, And Anent the Charge given to the said Peetter Leith and William Erskine defenders To Have Compeired before the saids Lords at one certaine day bygone To have answered to the grounds of the abovewritten Complaint, And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt As the said letters and executiones therof at more leanth is Contained Which Lybell being called in presence of the saids Lords And the pursuar Compeiring personally with James Stewart senior his advocat And the said Patrick Leith one of the defenders being oft tymes called and not Compeiring And the said William Erskine of Pittodrie the other defender Compeiring also personally with Sir James Ogilvie, Sir David Thores and Mr Hew Dalrymple advocats his procurators The saids Lords of their Majesties privy Councill Haveing Considered this Lybell with the answers made therto for Pittodrie Togither with the petition given in to them this day be the Earle of Aboyne and John Stewart his factor for his intrest Representing that the said Earle has right to the above Lands of Kirktoune of Oven, And that Earle being out of the Countrie his papers to defend himself are not recovered, Therfore Craveing his rights and possessione to be Reserved as accords, And the matter to be referred to the Lords of Session The Saids Lords Doe heirby Grant Certificatione against the said Petter Leith And Ordaines letters of Denunciatione to be direct to messengers at armes Comanding them to pass to the marcat croce of […] And their in their Majesties name and authoritie duely Lawfully and orderly Denunce the said Peetter Leith their Majesties rebell and put him to their highnes horne, and escheat and inbring all their Moveables goods and geir to their Majesties use for their contemption and disobedience, And Imediatly after the said denuncatione to use the haill remanent order Prescrybed by act of Parliament made theranent And the saids Lords have assoylzied and heirby assoylzies the said William Erskine of Pittodrie from the points and articles of the forsaid Lybell raised against him in so farr as may be extended to any ryot And Remits the point of right betwixt the parties Competting for the soume to be determined by the Judge ordinary, And Decernes and Ordaines the said Hary Gordon of Avachie pursuar to make payment of the expences of the witnesses cited And come to Edinburgh in this proces at the rates following Viz to each horssman sixtein shilling scots per diem And to each footmen Eight Shilling Scots per diem Come […] from the […] day of […] to the […] day of […] And Ordaines letters of horning to be direct heiron for payment of the witnesses expences upon […] Warning.

1. NRS, PC2/24, 84r-86v.

2. The words ‘methods of’ inserted above the line.

3. Sic.

4. The word ‘peacably’ scored out here.

1. NRS, PC2/24, 84r-86v.

2. The words ‘methods of’ inserted above the line.

3. Sic.

4. The word ‘peacably’ scored out here.