Decreet, 21 December 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Edinburgh the twentie one day of December Jaj vjc nyntie thrie

D1693/12/261

Decreet

Decreet The Lady Auchlunbart and her daughter Against Innes.

Anent our soveraigne Lord and Ladies letters or principall lybell raised at the instance of Hellen Gordone relict of umquhill Walter Innes of Auchlunbart for her self and tutorix to Hellen Innes her daughter Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten making mentione That quher by the lawes of this and all other weell governed realmes all persones under the protection of the government Ought to be Secured in their persones and possessiones from insults insolencies and violence And particularly that no man presume to enter the house of any other, and ther behave in a masterfull maner calling for and wasting the provisiones therof and beatting the servants and others for not Complyeing with these insolencis as also that no persone ought to invade and Occupie the houses and possessiones belonging to and peaceably possessed by others and sitt still therin by way of Bangstrie nor Ought they to seaze upon the goods of others of molest or minace thr tennants Servants and dependents, And lastly that no persone should defame any other especially a desolat widow in the most tender pairt of her affectione to her deceast husband and of her honor yett nevertheless it is of verity That Archibald Innes in Tennentoune haveing conceaved a deadly Malice against the pursuer upon a most unjust and infameous account viz because her Childrein did exclude the said Archiblald from the succession to their fathers estate he for expressing his malice against them and their mother did upon the […] day of […] Last or ane or other of the dayes of the said moneth oppenly defame the said Lady in ane fenced Court by affirmeing that she hade poysioned her said husband, And that her Childrein were not his bot begotten upon her in addultrey and not satisfied therwith Did therafter Comitt severall incolces and barbarities against her Childrein and herself thinking therby to have extorted from her the possessione of a part of the estate and particularly upon the […] day of march last the said Archibald Innes comeing to the pursuers house upon the occasione of the buriall of her only sone, rudely called for wyne victualls and provisiones for deboshing the same away with his associats, he did strick beatt and abuse Margory Chalmers one of the purseurs servants to the great Disturbance of the family upon such a mournfull and publict occasione And upon the […] day of Aprill last did come to the house of […] a tenent to the Lady and her daughter and therby manifast oppressione and open violence did extort and carie away two guns belonging to the defuncts Childrein and relict which were intrusted with the said tenant and as yet detaines the same, And last of all haveing be a continued tract of minaces for a long time threatned the servants of the said Lady after a most grivous maner to the end they might not serve her, in perfecting her Labouring of the maynes of Auchlinbart, and terrified her tenants in the said maynes and else wher not to Labour the same, bot to take takes of him But Finding that all these injuries and expressiones would not force the pursuer to desert her oun and Childs right The said Archibald did upon the […] day of may Last violently intruded and transport himself servants and familly into ane of the pursuers barnes in the maynes of Auchlunbart quherof she was in possessione and quherin she hade her cornes laid up for her Sowing And being requisted and requyred under form of instrument to leave such unjust possessione and permitt the servants to goe about their duties, He absolutely refused and Declared he would possess all in the Same maner, and2 bolted and shutt the door of her own barne And denyed her Access therto, And kendled fire therin, with the persuers own fewall and threatned that if she should not take out of the barne the bear and Other cornes he would instantly destroy and dispose of the same, That if she would not take care of the bestiall on the toune Lands That he would take and dispose of them And the said Lady and her daughter being widow and orphein wanting a head and destitute of all releive and assistance of her freinds who Live at some distance, And her tennents being terrified by the forces and violence of the said Archibald Innes They wer not able to mantaine and desend ther possessiones and all that was left to the Lady was3 to protest against him That he might be Lyable for such violent oppression and force this for Coast skaith and damnadge and for remeed of Law by authoritie of the Lords of privy Councill In Regaird the violence is Committed in time of sitting of parliament when the other Judicatories doe not sitt, And the said Archibald Innes being vir ferox Lawless and bankrupt Is beyond the power fear and Correction of inferior Judicatories as the instrument dated the […] day of […] bears oft the quhilk crymes violence and oppression, the said Archibald is guilty actor airt and part And therfore he ought to be punished in his persone and fined and amerciat in his goods And Decerned to make payment to the persuer of the Soume of […] for her damnadge and expences and to remove himself his wyfe and goods from the possession of the forsaid barne and all other parts of the premises lands and estate And ought and should be Discharged to trouble or molest her and her tennents in the peaceable possession therof in all time comeing And Anent the charge given to the said defender To have Compared personally before the saids Lords at ane certaine day now bygone To have answered to the points of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just And also Anent the additionall Lybell at the instance of the said Hellen Gordon and her said daughter makeing mention That quher albeit the unlawfull intruding upon any of their majesties leidges and the breach of Councill Laborrowes Lawfullie execute are by the Lawes and Custome of this kingdome crymes of ane high nature and severly punishable nevertheless It is of verity that Archibald Innes in Tennentoune to elude and prevent any sentance of Councill which might be pronunced on a former Lybell of Intrusione into the pursuers barne in the maynes of Auchlinbart did upon the […] day of Jully last or one or other of the dayes of the said moneth Carry away Robert Barron tennents to the pursuer to ane ale house att the Boat of Bridge and ther with the Landlord and other Confidents made the said Robert Barron Drink and Ryotously extorted from him ane pretended assignatione or subtack of his tack of the Mylne of Auchlunbart to the end that tho the said Mr Innes were removed from the barne by Decreet of Councill he might evade and eleid the same by entering into this now former and straight at the gates of the said Ladies house And accordingly he hath actually built ane house on the said croft and intrudes therin tho the tack set by the pursuer to the tennant therof be nowayes Granted to assigneys but ane pretended assignatione therto extorted dureing the dependance of the said former proces in emulationein vicin and is Innovatij Lie pendente, Lykeas the said Archibald Innes since the said dependance and letters Laborowes execute against him did upon the first second […] or one of other of the dayes of the moneths of June Jully August September and October Successive by after others masterfully throw doune disipate and carie away the peet stack and peets in the pursuers possessione And has burnt only therof since his first intrussion till the […] day of June or July last by past that he did cast up new peets in the mosses belonging to the said Lady and her daughter notwithstanding of Instruments taken against him to the contrare and hath ledd these peets though instruments were lawfullie Laid on and intimat to him theranent, as also since the said Laborrowes and dependance has made roads throw the pursuers cornes and destroyed them and her grass and continued a tract of vexationes against her about chargeing her self and tennants at different times with severall Laborrowes therby to necessitate them to numerous Suspensions by Surreptitiously Imprisoneing severalls of them particularly The said Robert Barron who hade escaped in Edinburgh to deplore their miserable conditione at home)4 In the Cannogate Tolbooth by by Surprizeing them when absent at Edinburgh before inferrior Courts and when one cause is advocat intenting another though all depending before Supperior Judges by threatneing her servants from their Labouring and terrifeing her tenants from staying with her or keeping their tacks with continuance of all the other barbarities formerly Lybelled of all which crymes or ane or other of them the said Archibald Innes is guilty at least airt and part, And Therfore Ought and should be Decerned to desist and sease from troubling the said pursuers or her tenents in the possessione of the said mylne croft and pertinants therof or any other of the lands of Auchlumbart Otherwayes then by order of Law and to pay the penalties of Laborowes conforme to the act of parliament and otherwayes punished in his persone and goods to the terror of others to Comitt and doe the like in time comeing And Anent the charge given to the saids Lords at ane certaine day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall find Just as the said additionall Lybell and executiones therof at more leanth bears, Both which lybells being upon the twentie one day of November last called in presence of the saids Lords And the said pursuer Compeiring personally with Sir Patrick Home Mr […] Grant and William Black her advocats and the defender Compeiring alsoe personally with Sir James Ogilvie and Mr Hew Dalrymple his advocats, The principall Lybell and also the aditionall Lybell and answers to the principall Luybell being read, And the defenders advocats haveing acknowledged that the defender did take possessione of a barne, The pursuers advocats took instruments theron and protested it might liberat them from proveing the same, And the defenders haveing reated the Libell of reconventione without reading the same The Lords of their majesties privy Councill Appointed the witnesses to be received upon the principall and additionall lybells, and also upon the Lybell of reconventione, And the witnesses have made faith their Lordships appointed a Committie of their oun number to examine them and Report all objectiones to be made and Discussed before the Committie and allowed farder dilligence against the absent witnesses And the saids Lords haveing this day againe Considered the lybells principall and additionall Lybells at the instance of Hellen Gordon Lady Auchlinbart Against Archibald Innes in tenantoune with the Lybell of reconventione at the instance of the said Archibald Innes against the said Hellen Gordon with the depositiones of the witnesses taken upon both principall and additionall Lybells and Lybell of Reconventione Togither with the Lady Auchlinbart and Archibald Innesses Judiciall Declarationes and depositiones taken in this matter The Find the Lybell principall and additionall suficiently proven both as to the intrusione defamation and breach of Lawborrowes Lybelled, And Ordaines Archibald Innes defender to remove himself wyfe tennents and servants from the barne in the maynes of Auchlinbart, And likewayes from the mylne and mylne croft of Auchlinbart and houses therof Wherunto he has intruded himself in maner Lybelled and to leave the same void and redd and reenter the pursuer to the peaceable possession therof And Discharge the said Archibald to trouble or molest the pursuer in her possession of the saids Lords Fynes the said Archibald in the soume of Four hundred punds scots of the same for the same for the damnadge and expences sustained be her in this affair and for the acts of breaches of Laborowes preceiding the date heirof, And ordaines the said Archibald Innes to enter himself and the magistrats of Edinburgh and keeper of their Tolbooth to receive and detaine him prisoner in the said Tolbooth dureing the Councills pleasure and ordaines letters of horning on fiftein dayes and others needfull to pass heiron in forme as effeirs and Grants warrand to macers or messengers to seaze and apprehend him and put him in prison therin to remaine dureing the Councills pleasure In caise he faillie to enter himself in prisoner in maner forsaid.

Edinburgh the twentie one day of December Jaj vjc nyntie thrie

D1693/12/261

Decreet

Decreet The Lady Auchlunbart and her daughter Against Innes.

Anent our soveraigne Lord and Ladies letters or principall lybell raised at the instance of Hellen Gordone relict of umquhill Walter Innes of Auchlunbart for her self and tutorix to Hellen Innes her daughter Sir James Stewart ther majesties advocat for their highnes intrest in the matter underwritten making mentione That quher by the lawes of this and all other weell governed realmes all persones under the protection of the government Ought to be Secured in their persones and possessiones from insults insolencies and violence And particularly that no man presume to enter the house of any other, and ther behave in a masterfull maner calling for and wasting the provisiones therof and beatting the servants and others for not Complyeing with these insolencis as also that no persone ought to invade and Occupie the houses and possessiones belonging to and peaceably possessed by others and sitt still therin by way of Bangstrie nor Ought they to seaze upon the goods of others of molest or minace thr tennants Servants and dependents, And lastly that no persone should defame any other especially a desolat widow in the most tender pairt of her affectione to her deceast husband and of her honor yett nevertheless it is of verity That Archibald Innes in Tennentoune haveing conceaved a deadly Malice against the pursuer upon a most unjust and infameous account viz because her Childrein did exclude the said Archiblald from the succession to their fathers estate he for expressing his malice against them and their mother did upon the […] day of […] Last or ane or other of the dayes of the said moneth oppenly defame the said Lady in ane fenced Court by affirmeing that she hade poysioned her said husband, And that her Childrein were not his bot begotten upon her in addultrey and not satisfied therwith Did therafter Comitt severall incolces and barbarities against her Childrein and herself thinking therby to have extorted from her the possessione of a part of the estate and particularly upon the […] day of march last the said Archibald Innes comeing to the pursuers house upon the occasione of the buriall of her only sone, rudely called for wyne victualls and provisiones for deboshing the same away with his associats, he did strick beatt and abuse Margory Chalmers one of the purseurs servants to the great Disturbance of the family upon such a mournfull and publict occasione And upon the […] day of Aprill last did come to the house of […] a tenent to the Lady and her daughter and therby manifast oppressione and open violence did extort and carie away two guns belonging to the defuncts Childrein and relict which were intrusted with the said tenant and as yet detaines the same, And last of all haveing be a continued tract of minaces for a long time threatned the servants of the said Lady after a most grivous maner to the end they might not serve her, in perfecting her Labouring of the maynes of Auchlinbart, and terrified her tenants in the said maynes and else wher not to Labour the same, bot to take takes of him But Finding that all these injuries and expressiones would not force the pursuer to desert her oun and Childs right The said Archibald did upon the […] day of may Last violently intruded and transport himself servants and familly into ane of the pursuers barnes in the maynes of Auchlunbart quherof she was in possessione and quherin she hade her cornes laid up for her Sowing And being requisted and requyred under form of instrument to leave such unjust possessione and permitt the servants to goe about their duties, He absolutely refused and Declared he would possess all in the Same maner, and2 bolted and shutt the door of her own barne And denyed her Access therto, And kendled fire therin, with the persuers own fewall and threatned that if she should not take out of the barne the bear and Other cornes he would instantly destroy and dispose of the same, That if she would not take care of the bestiall on the toune Lands That he would take and dispose of them And the said Lady and her daughter being widow and orphein wanting a head and destitute of all releive and assistance of her freinds who Live at some distance, And her tennents being terrified by the forces and violence of the said Archibald Innes They wer not able to mantaine and desend ther possessiones and all that was left to the Lady was3 to protest against him That he might be Lyable for such violent oppression and force this for Coast skaith and damnadge and for remeed of Law by authoritie of the Lords of privy Councill In Regaird the violence is Committed in time of sitting of parliament when the other Judicatories doe not sitt, And the said Archibald Innes being vir ferox Lawless and bankrupt Is beyond the power fear and Correction of inferior Judicatories as the instrument dated the […] day of […] bears oft the quhilk crymes violence and oppression, the said Archibald is guilty actor airt and part And therfore he ought to be punished in his persone and fined and amerciat in his goods And Decerned to make payment to the persuer of the Soume of […] for her damnadge and expences and to remove himself his wyfe and goods from the possession of the forsaid barne and all other parts of the premises lands and estate And ought and should be Discharged to trouble or molest her and her tennents in the peaceable possession therof in all time comeing And Anent the charge given to the said defender To have Compared personally before the saids Lords at ane certaine day now bygone To have answered to the points of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just And also Anent the additionall Lybell at the instance of the said Hellen Gordon and her said daughter makeing mention That quher albeit the unlawfull intruding upon any of their majesties leidges and the breach of Councill Laborrowes Lawfullie execute are by the Lawes and Custome of this kingdome crymes of ane high nature and severly punishable nevertheless It is of verity that Archibald Innes in Tennentoune to elude and prevent any sentance of Councill which might be pronunced on a former Lybell of Intrusione into the pursuers barne in the maynes of Auchlinbart did upon the […] day of Jully last or one or other of the dayes of the said moneth Carry away Robert Barron tennents to the pursuer to ane ale house att the Boat of Bridge and ther with the Landlord and other Confidents made the said Robert Barron Drink and Ryotously extorted from him ane pretended assignatione or subtack of his tack of the Mylne of Auchlunbart to the end that tho the said Mr Innes were removed from the barne by Decreet of Councill he might evade and eleid the same by entering into this now former and straight at the gates of the said Ladies house And accordingly he hath actually built ane house on the said croft and intrudes therin tho the tack set by the pursuer to the tennant therof be nowayes Granted to assigneys but ane pretended assignatione therto extorted dureing the dependance of the said former proces in emulationein vicin and is Innovatij Lie pendente, Lykeas the said Archibald Innes since the said dependance and letters Laborowes execute against him did upon the first second […] or one of other of the dayes of the moneths of June Jully August September and October Successive by after others masterfully throw doune disipate and carie away the peet stack and peets in the pursuers possessione And has burnt only therof since his first intrussion till the […] day of June or July last by past that he did cast up new peets in the mosses belonging to the said Lady and her daughter notwithstanding of Instruments taken against him to the contrare and hath ledd these peets though instruments were lawfullie Laid on and intimat to him theranent, as also since the said Laborrowes and dependance has made roads throw the pursuers cornes and destroyed them and her grass and continued a tract of vexationes against her about chargeing her self and tennants at different times with severall Laborrowes therby to necessitate them to numerous Suspensions by Surreptitiously Imprisoneing severalls of them particularly The said Robert Barron who hade escaped in Edinburgh to deplore their miserable conditione at home)4 In the Cannogate Tolbooth by by Surprizeing them when absent at Edinburgh before inferrior Courts and when one cause is advocat intenting another though all depending before Supperior Judges by threatneing her servants from their Labouring and terrifeing her tenants from staying with her or keeping their tacks with continuance of all the other barbarities formerly Lybelled of all which crymes or ane or other of them the said Archibald Innes is guilty at least airt and part, And Therfore Ought and should be Decerned to desist and sease from troubling the said pursuers or her tenents in the possessione of the said mylne croft and pertinants therof or any other of the lands of Auchlumbart Otherwayes then by order of Law and to pay the penalties of Laborowes conforme to the act of parliament and otherwayes punished in his persone and goods to the terror of others to Comitt and doe the like in time comeing And Anent the charge given to the saids Lords at ane certaine day now bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall find Just as the said additionall Lybell and executiones therof at more leanth bears, Both which lybells being upon the twentie one day of November last called in presence of the saids Lords And the said pursuer Compeiring personally with Sir Patrick Home Mr […] Grant and William Black her advocats and the defender Compeiring alsoe personally with Sir James Ogilvie and Mr Hew Dalrymple his advocats, The principall Lybell and also the aditionall Lybell and answers to the principall Luybell being read, And the defenders advocats haveing acknowledged that the defender did take possessione of a barne, The pursuers advocats took instruments theron and protested it might liberat them from proveing the same, And the defenders haveing reated the Libell of reconventione without reading the same The Lords of their majesties privy Councill Appointed the witnesses to be received upon the principall and additionall lybells, and also upon the Lybell of reconventione, And the witnesses have made faith their Lordships appointed a Committie of their oun number to examine them and Report all objectiones to be made and Discussed before the Committie and allowed farder dilligence against the absent witnesses And the saids Lords haveing this day againe Considered the lybells principall and additionall Lybells at the instance of Hellen Gordon Lady Auchlinbart Against Archibald Innes in tenantoune with the Lybell of reconventione at the instance of the said Archibald Innes against the said Hellen Gordon with the depositiones of the witnesses taken upon both principall and additionall Lybells and Lybell of Reconventione Togither with the Lady Auchlinbart and Archibald Innesses Judiciall Declarationes and depositiones taken in this matter The Find the Lybell principall and additionall suficiently proven both as to the intrusione defamation and breach of Lawborrowes Lybelled, And Ordaines Archibald Innes defender to remove himself wyfe tennents and servants from the barne in the maynes of Auchlinbart, And likewayes from the mylne and mylne croft of Auchlinbart and houses therof Wherunto he has intruded himself in maner Lybelled and to leave the same void and redd and reenter the pursuer to the peaceable possession therof And Discharge the said Archibald to trouble or molest the pursuer in her possession of the saids Lords Fynes the said Archibald in the soume of Four hundred punds scots of the same for the same for the damnadge and expences sustained be her in this affair and for the acts of breaches of Laborowes preceiding the date heirof, And ordaines the said Archibald Innes to enter himself and the magistrats of Edinburgh and keeper of their Tolbooth to receive and detaine him prisoner in the said Tolbooth dureing the Councills pleasure and ordaines letters of horning on fiftein dayes and others needfull to pass heiron in forme as effeirs and Grants warrand to macers or messengers to seaze and apprehend him and put him in prison therin to remaine dureing the Councills pleasure In caise he faillie to enter himself in prisoner in maner forsaid.

1. NRS, PC2/24, 294v-298r.

2. The word ‘builded’ scored out here.

3. The word ‘not’ scored out here.

4. Opening bracket missing.

1. NRS, PC2/24, 294v-298r.

2. The word ‘builded’ scored out here.

3. The word ‘not’ scored out here.

4. Opening bracket missing.