Decreet, 2 August 1692 (pm), Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the Second day of August Jaj vjc Nyntie two, Post Meridiem

D1692/8/71

Decreet

Decreet absolvitor Cairnes of Torr Against Murray

Anent our Soveraign Lord and ladies letters raised before the Lords of their Majesties privy Councill be Charles Murray of Barnhourie with Concurss of Sir William Lockhart solicitor for his majesties intrest in the matter underwritten Mentioning that quher albeit be the lawes and constitutiones of all Civill and weell governed nationes, The Malitious invading and assaulting the persones of any of their majesties subjects without any Just ground of law and the2 beatting bruising and wounding of them And the abuseing of the honor and Justice of the Cheif Courts of Judicature in this natione and more Especially of the saids Lords of privy Councill By procureing sentances against Innocent persones upon Clamerous false and Lying defamationes And the puting to executione any sentances or Decreets whatsomever way obtained after the matter in debate is submitted by writt under both parties hands, or execution Listed by warrand of the Judge ordinar pronuncer of the sentance are crymes of a high Nature and severly punishable, Yet true It is that upon the first day of August Jaj vjc nyntie years Or one or other of the dayes of ane or other of the moneths of the said year, John Herries of Auchinfrank haveing seized upon and secured two horsses belonging to the Countes of Nitsdale neither of which ware above the value of five punds sterling, And the pursuar being one of the Earle of Nithsdales vassells and haveing heard of the seazure of the two horses did come to the fair of Auchincairne and offered bond to present the horsses to any who should have power to call for them upon which the commander of the partie who seized the horsses was about to have delivered them to the pursuar Bot David Cairnes of Torr upon whose officious informatione the horsses ware seized Did prevaill with the Comander to refuse the said baill after he hade Condescended to accept of the same Which Occasioned the pursuar to tell him the treuth that it was more out of malice to the Countes of Nitsdale then any affectione to the government that he hade been the instrument of seizing these horsses, upon which without any provocatione whatsomever the said David Cairnes Did violently wrest the pursuars oun Staff out of his hand and Cruelly beat him therwith upbraiding and reproaching him with Ignominous titles of villan and Rascall and such like stuff and after the people hade taken the said David Cairnes from beating of the pursuar He not satisfied with what he hade done and full of Reveng and Malice finding himself in a capacity suficiently to vent the same against the pursuar becaus he hade no armes did in a fury run to his oun house not farr from the place, and haveing Catched hold of a great broad sword and run with the same drawen all the way in his hand Untill he came to the place wher he hade formerly beatt the said pursuar, and before the pursuar could get his Sword drawn for his oun defence did strick at the said pursuar with his broad sword thrie severall stroaks Which haveing confused the said pursuar he fell to the ground in drawing of his oun Sword And in the mean tyme the said David most unmanly Continued to strick at the pursuar, And did cut him in the hand and in the hatt, And he haveing at leanth recovered his feet and endeavoring to defend himself, The said David alledges that he gott a Scratch upon the head with the pursuars Sword and he being a long man and of great bulk and the pursuar but a man of long Stature He gott the pursuar doune to the ground And falling upon the pursuars sword did hurt himself as he alledges therwith Which was his oun and not the pursuars fault But he therupon more inflamed Did assemble his wholl familly Cotters and servants who fell upon the pursuar and abused and struck the pursuar most crueally and draged him to prison wher he found means to gett the pursuar continued untill he was fyned and forced to find Cautione, And notwithstanding of all this, He persisting in his Malicious designes Designes did hasten away his clamerous wyfe to Edinburgh who made a great noise of this affair to the Lords of privy Councill and by her clamerous Complaints and false and lying misinformationes found a way to gett the pursuar fyned in a thousand merks and after all this the pursuar being very Desyreous to be freed from the hands and hazard of such a furious and Clamerous persone did enter into a submissione of this matter with the said David quherin William Cairnes of Kipp and George Maxwell of Munshes ware arbitrators by the which submissione the said David Superceids dilligence against the said pursuar till fiftein dayes after expyreing therof in caise the arbitrators should not agree, And in the mean tyme within very few dayes after the submissione was subscryved at least long before the dayes ware expyred The said David to add perfidy to all his other villaines Did raise horning upon the Decreet and Sentance Submitted and execute the same and caused denunce the pursuar and registrated him to the horne of designe to take his estate and incarcerat his person in waird and would certainely have taken out a Captione against the pursuar if he hade not used his moyan at the Clerks of Councills office, Wherthrow the said David Cairnes has Comitted a manifast Ryot and ought and should be severly punished in his persones and goods to the terror of others to Committ the Lyke in tyme coming And Anent the charge given to the said David Cairnes of Torr defender, To have Compeired before the saids Lords at ane certaine day now bygone To have answered to the ground 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 Lybell and executione therof in presence of the saids Lords And the said pursuar Compeiring Personally with Sir David Thores and Mr David Douglas his advocats And the defender Compeiring also Personally with James Stewart senior and Mr Alexander Fergusone his advocats The Lords of their Majesties privy Councill haveing Considered the Lybell with the former Decreet of Councill at the instance of the defender against the pursuar and both parties advocats fully heard The saids Lords have Assoylzied and heirby Assoylzies the said David Cairnes of Torr from the points and articles of the above Lybell raised at the instance of the said Charles Murray of Barnhenry against him And Declaires him quyt therof and frae therfrae in all tyme comeing, And gives order and warrand to macers of Councill, To carry the said Charles Murray from the barr to the Tolbooth of Edinburgh and Apoints the magistrats of Edinburgh and keeper of their Tolbooth to receive and detaine him prisoner therin untill he make payment of the Soume of five Hundred merks to Sir Patrick Murray of Saltcoats receiver of their majesties rents for their majesties use and of the Lyke Soume of five hundred merks to the said David Carnes of Torr Conforme to the former Decreet of Councill at the instance of the Said David Cairnes of Torr against him or otherwayes That the said Charles doe instantly give bond with suficient Caution to the said Sir Patrick Murray and David Cairnes for payment of the respective soumes forsaids within the Space of Fourtie Eight hours nixt after the date heirof.

Edinburgh the Second day of August Jaj vjc Nyntie two, Post Meridiem

D1692/8/71

Decreet

Decreet absolvitor Cairnes of Torr Against Murray

Anent our Soveraign Lord and ladies letters raised before the Lords of their Majesties privy Councill be Charles Murray of Barnhourie with Concurss of Sir William Lockhart solicitor for his majesties intrest in the matter underwritten Mentioning that quher albeit be the lawes and constitutiones of all Civill and weell governed nationes, The Malitious invading and assaulting the persones of any of their majesties subjects without any Just ground of law and the2 beatting bruising and wounding of them And the abuseing of the honor and Justice of the Cheif Courts of Judicature in this natione and more Especially of the saids Lords of privy Councill By procureing sentances against Innocent persones upon Clamerous false and Lying defamationes And the puting to executione any sentances or Decreets whatsomever way obtained after the matter in debate is submitted by writt under both parties hands, or execution Listed by warrand of the Judge ordinar pronuncer of the sentance are crymes of a high Nature and severly punishable, Yet true It is that upon the first day of August Jaj vjc nyntie years Or one or other of the dayes of ane or other of the moneths of the said year, John Herries of Auchinfrank haveing seized upon and secured two horsses belonging to the Countes of Nitsdale neither of which ware above the value of five punds sterling, And the pursuar being one of the Earle of Nithsdales vassells and haveing heard of the seazure of the two horses did come to the fair of Auchincairne and offered bond to present the horsses to any who should have power to call for them upon which the commander of the partie who seized the horsses was about to have delivered them to the pursuar Bot David Cairnes of Torr upon whose officious informatione the horsses ware seized Did prevaill with the Comander to refuse the said baill after he hade Condescended to accept of the same Which Occasioned the pursuar to tell him the treuth that it was more out of malice to the Countes of Nitsdale then any affectione to the government that he hade been the instrument of seizing these horsses, upon which without any provocatione whatsomever the said David Cairnes Did violently wrest the pursuars oun Staff out of his hand and Cruelly beat him therwith upbraiding and reproaching him with Ignominous titles of villan and Rascall and such like stuff and after the people hade taken the said David Cairnes from beating of the pursuar He not satisfied with what he hade done and full of Reveng and Malice finding himself in a capacity suficiently to vent the same against the pursuar becaus he hade no armes did in a fury run to his oun house not farr from the place, and haveing Catched hold of a great broad sword and run with the same drawen all the way in his hand Untill he came to the place wher he hade formerly beatt the said pursuar, and before the pursuar could get his Sword drawn for his oun defence did strick at the said pursuar with his broad sword thrie severall stroaks Which haveing confused the said pursuar he fell to the ground in drawing of his oun Sword And in the mean tyme the said David most unmanly Continued to strick at the pursuar, And did cut him in the hand and in the hatt, And he haveing at leanth recovered his feet and endeavoring to defend himself, The said David alledges that he gott a Scratch upon the head with the pursuars Sword and he being a long man and of great bulk and the pursuar but a man of long Stature He gott the pursuar doune to the ground And falling upon the pursuars sword did hurt himself as he alledges therwith Which was his oun and not the pursuars fault But he therupon more inflamed Did assemble his wholl familly Cotters and servants who fell upon the pursuar and abused and struck the pursuar most crueally and draged him to prison wher he found means to gett the pursuar continued untill he was fyned and forced to find Cautione, And notwithstanding of all this, He persisting in his Malicious designes Designes did hasten away his clamerous wyfe to Edinburgh who made a great noise of this affair to the Lords of privy Councill and by her clamerous Complaints and false and lying misinformationes found a way to gett the pursuar fyned in a thousand merks and after all this the pursuar being very Desyreous to be freed from the hands and hazard of such a furious and Clamerous persone did enter into a submissione of this matter with the said David quherin William Cairnes of Kipp and George Maxwell of Munshes ware arbitrators by the which submissione the said David Superceids dilligence against the said pursuar till fiftein dayes after expyreing therof in caise the arbitrators should not agree, And in the mean tyme within very few dayes after the submissione was subscryved at least long before the dayes ware expyred The said David to add perfidy to all his other villaines Did raise horning upon the Decreet and Sentance Submitted and execute the same and caused denunce the pursuar and registrated him to the horne of designe to take his estate and incarcerat his person in waird and would certainely have taken out a Captione against the pursuar if he hade not used his moyan at the Clerks of Councills office, Wherthrow the said David Cairnes has Comitted a manifast Ryot and ought and should be severly punished in his persones and goods to the terror of others to Committ the Lyke in tyme coming And Anent the charge given to the said David Cairnes of Torr defender, To have Compeired before the saids Lords at ane certaine day now bygone To have answered to the ground 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 Lybell and executione therof in presence of the saids Lords And the said pursuar Compeiring Personally with Sir David Thores and Mr David Douglas his advocats And the defender Compeiring also Personally with James Stewart senior and Mr Alexander Fergusone his advocats The Lords of their Majesties privy Councill haveing Considered the Lybell with the former Decreet of Councill at the instance of the defender against the pursuar and both parties advocats fully heard The saids Lords have Assoylzied and heirby Assoylzies the said David Cairnes of Torr from the points and articles of the above Lybell raised at the instance of the said Charles Murray of Barnhenry against him And Declaires him quyt therof and frae therfrae in all tyme comeing, And gives order and warrand to macers of Councill, To carry the said Charles Murray from the barr to the Tolbooth of Edinburgh and Apoints the magistrats of Edinburgh and keeper of their Tolbooth to receive and detaine him prisoner therin untill he make payment of the Soume of five Hundred merks to Sir Patrick Murray of Saltcoats receiver of their majesties rents for their majesties use and of the Lyke Soume of five hundred merks to the said David Carnes of Torr Conforme to the former Decreet of Councill at the instance of the Said David Cairnes of Torr against him or otherwayes That the said Charles doe instantly give bond with suficient Caution to the said Sir Patrick Murray and David Cairnes for payment of the respective soumes forsaids within the Space of Fourtie Eight hours nixt after the date heirof.

1. NRS, PC2/24, 86v-88v.

2. The word ‘the’ inserted above the line.

1. NRS, PC2/24, 86v-88v.

2. The word ‘the’ inserted above the line.