Act, 29 December 1692, Edinburgh

Edinburgh the Second day of August J^aj vj^c Nyntie two, Post Meridiem

D1692/8/8

D1692/8/8¹

Decreet

Decreit absolvitor hinc inde Betwixt The Lairds of Moristoune and Coldinghamlaw

Anent the lybell raised and pursued before the Lords of their Majesties privy Councill at the instance of Androw Kerr of Moristoune Grizell Cochran his mother Sir John Cochran of Ochiltrie, William Cochran younger therof and John Cochran of Watersyde his tutors and Sir William Lockhart their majesties solicitor for their highnes intrest in the matter underwritten Makeing Mention That quher by the lawes and acts of Parliament of this and all other weell Governed nationes The Disturbing etc oppressing of the inhabitants therof in their persones lands goods and other estate And particularly the breaking up of barne doors Carieing away poor peoples cornes and settes beating and abuseing of other mens tennants and factors and turning them out of their housses and Dispossessing of them of their lands and possessiones without order of Law, are crymes of ane high nature and severly punishable by the Lawes of this kingdome, Yet true It is that the deceast John Kerr of Moristoune the pursuars father dyed in the peacable possession of a part of the Lands and barrony of Law within the parishin of Coldingham and shirefdome of Berwick, which was possessed be the persones afternamed who made payment to the pursuars yearly of the rents and duties therof Viz Patrick Aitchison William Sibbald, Petter Telforr Jannet Porter relict of George Dicksone Elisone Allan David Home John Cleghorne Patrick Aitchisone Hendry Home in the Law John Home in Hall croft, William Brownhill Christian Craw And Albeit the said deceast John Kerr the pursuars father and Androw Kerr his brother had the peacable and uninterupted possession therof, yet notwithstanding since the said John Kerrs decease, The said Patrick Home of Coldinghamelaw takeing advantage of the pursuars non-age and that his tutors had differed among themselves He and Mary Corsar his Ladie Alexander and Patrick Homes his sones and Margrat and Elizabeth Homes his daughters by themselves and their accomplices and assistants at their oun hand without any order of Law Did upon one or other of the dayes of the moneths of november or December J^aj vj^c nyntie one January February, March, Aprill or may J^aj vj^c nyntie two break up the barne doors of the fornamed persones the pursuars tennants at least violently entred the same and caried away furth therof and from them the severall quantities of victuall underwrittten viz from William Sibald nyntein bolls bear and has thrust him from his possession, from Peetter Telferr five bolls bear James Porter one boll bear, Allison Allan Threttein bolls bear David Home Eight bolls thrie firlots bear Item John Cleghorne five bolls, Patrick Atchisone one boll bear, Henry Home in the Law one boll bear and John Home in Halcroft one boll bear, William Broomhill two bolls bear, Christian Craw one boll bear all Charity measure Lykas upon the […] day of June then instant James Dunlope the pursuars factor being in the Barne of Patrick Aitchison sighting his ferm, The said Patrick Home of Coldinghamlaw came with his Ladie and Sone and daughters and violently entred the barn and fell upon the said James Dunlope Tore his Coatt and Cravat and beat his persone to the effusion of his blood and the hazard of his Life, And the said Patrick Home of Coldinghamlawes sone did cast or dart ane Iron Grape at the said James Dunlope thinking to have killed him, Wherthrow the said Patrick Home of Coldinghamlaw […] Corsar his Lady Alexander and Patrick Homes his sones and Margrat and Elizabeth Homes his daughters are guilty of ane high and manifast Ryot And aught to be Decerned not only to restor back the victuall caried a way be them, or five pund for the boll therof And pay the damnadge sustained by the pursuars and his tennants factors and servants Bot Lykewayes severly punished in their persons and fyned in their goods to the teror of others to doe and Committ the like in tyme comeing And Anent the charge given to the Saids Lords of privy Councell at ane certaine day bygone To have heard and seen such order and course taken theranent as the saids Lords should think fitt, as the saids letters And executiones therof at more leanth bears, And sicklike Anent the other Lybell of Reconvention raised and pursued before the Lords of Privy Councill at the instance of Patrick Home of Coldinghamlaw and Mary Corsar his Spouse with concourse of the said Sir William Lockhart their majesties solicitor for their highnes intrest in the matter underwritten Mentioning That quher albeit by the law of this and all other weell Governed nationes, The violent invadeing of other mens possessiones and the beatting and abuseing their persones and reproaching them, with most Scurrillous and opprobrious language be crymes of a high nature and severly punishable Nevertheless True It is that notwithstanding Sir Patrick Home advocat has been in possessione of the Husband lands of Law and others underwritten possest be the persones after specified Viz Patrick Aitchisone William Sibbald Peter Telferr Jannet Porter relict of George Dicksone, Allisone Allan, David Home John Cleghorne, Patrick Aitchisone, Henry Home in the Law, John Home in Halcroft William Brownhill and Christian Crow, for the space of seven years and upwards by uplifting the ferme from the tenents untill winter last the pursuars did suspend his clame and therupon entered peacably to the possession of the saids fermes, yet James Dunlape Chamberland to the Laird of Moristoune upon the […]. day of June then instant or one or other of the dayes of the said moneth came to the barne of Patrick Aitchisone in Coldinghamelaw, And after he had cruelly beatt Stricken and Chased away the said Patrick who for fear was forced to run and hyde himself, The said James Dunlop accompanied with severall others his accomplices Did fall upon abuse and beat Issobell Purves spouse to the said Patrick Aitchisone and therafter broak open his barne doors and was about violently to cary away certaine of his cornes, And when the said Mary Correr came in a peacable maner To reasone the matter with them, He the said James Dunlop did threaten and abuse her with base and opprobrious languadge and did cruelly and severly strick her with his whip and threw her doun to the ground and beatt her desperatly upon the head and breast with the great end of his whip wherby she was so beatten and bruised that she was not able to rise from her bed for severall dayes therafter Wherthrow the said James Dunlop is guilty of ane high and manifast Ryot Robbery and oppressione And ought and should be severlly punished in his person and goods to the terror of others to Committ the like in tyme comeing And Anent the charge given to the said defender to have Compeired before the saids Lords of Privy Councill at ane certaine day bygone, To have heard and seen such order and Course taken theranent as the saids Lords should think fitt as the said other letters and executiones therof Lykewayes at more leanth bears, Which first Lybell at the instance of the said Androw Kerr of Moristoune and others being called upon the twentie one day of June last by past, And the pursuar Compeiring be the Lord Mersingtoune Sir John Cochran of Ochaltree And John Cochran of Wattersyde In Respect he himself is a Chyld with James Stewart senior and Mr Thomas Skeen advocats And the haill defenders Except Elizabeth Home who is alledged to be sick Compeiring Personally with Mr Hew Dalrymple, Master James Daes and Mr George Dicksone advocats The Lords of their majesties privy Councill haveing Considered the above Lybell at Moristounes instance with the answers made therto for the defenders and both parties advocats being heard They Admitted the Lybell to the pursuars probation And the haill witnesses Compeiring and haveing made faith at the barr They ordained them to be received, And nominated and appointed a Comittie of their oun number for examineing of them And Reserved all objectiones to be made against the saids witnesses to be proponed and discust before the said Comittie And allowed the defenders to raise letters of Reconventione before the Councill at their instance against the pursuar upon the grounds represented in their answers given in to this Lybell or any other Relevant grounds of reconventione, And the saids Patrick Home of Coldinghamelaw And his said spouse haveing accordingly raised the Other Lybell above deduced and the same being upon the fourteinth day of Jully last called in presence of the saids Lords of Privy Councill And the pursuars therin Compeiring personally with Mr George Dickson advocat their procurator, And the defender Compeiring also personally with James Stewart senior his advocat The saids Lords of Privy Councill Haveing Considered the Lybell and answers made therto, And haveing heard both parties advocats They Admitted the Lybell to the said pursuars ther probatione And the haill witneses except John Ramsay haveing Compeired and made faith The Councill Remitted to ane Comittie of their oun number to examine these witnesses And Reserved the objectiones that might be proponed against them to be Discussed before the Comittie And both parties haveing adduced witnesses for proveing of their respective Lybells who being all solemnly Sworne and examined in presence of the said Committie Deponed and Declared as their Depositiones extant in proces bears And the saids Lords haveing this day againe Considered both Lybells with the depositiones of the witneses adduced for proveing therof Togither with a petition given in be the said Andrew Kerr of Moristoune and James Dunlope And another petition given in be way of informatione for the said Laird and Lady Coldinghamlaw with the writtes produced for aither parties The saids Lords Finds no Ryot proven in aither the saids Lybells And Therfore Have assoylzied and heirby assoylzies both parties from the respective Lybells of Ryot pursued against them And ordaines the pursuars and defenders in both processes to find suficient Caution hinc inde acted in the books of privy Councill that they shall keep the peace, And that they their wives bairnes men tennants and servants shall be harmeless and. skaithles each of others in the peacable possessione of their lands and heritadges, And that they shall One nowayes be troubled or molested therin the one by the other nor by no others of their causing sending hainding out Command recept assistance or Ratihabitione whom they may stop or lett directly or indirectly from the day and date heirof nor in tyme comeing Otherwayes then be order of law and Justice Under the penalties contained in the act of Parliament, And appoints aither parties to Continue their possession of the lands maills fermes and duties Lybelled as they did possess the same before the intenting of thir processes before the Councill, And ordaines letters of horning and others needfull to pass heiron in forme as effeirs.