Edinburgh the twentie one day of December Jaj vjc nyntie thrie
D1693/12/25
D1693/12/251
Decreet
2[Decreet The Lady Auchinbart Against Innes.]34
[Anent our Soveraign Lord and Ladies letters of principall Lybell raised and pursued before the Lords of their majesties privy Councill at the instance of Hellen Gordone relict of umquhill Walter Innes of Auchlinbart for her self and tutorix to Hellen Innes her daughter and Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Making Mentione That quher albeit the unlawfull intruding upon any of his majesties leidges and the breach of Councill Laborrowes Lawfullie execute are by the lawes and Custome of this kingdome Crimes of ane high nature and Severly punishable Nevertheless it is of verity that Archibald Innes in Tennentoune to eleid and prevent any Sentance of Councill which might be pronunced on a former Lybell of intrussione into the pursuers barne in the Maynes of Auchlinbart did upon the […] day of Jully last or ane or other of the dayes of the said moneth carie away Robert Barron tennant to the pursuer to ane ale house at the Coatt of Bridge and ther with the Landlord and severall other Complices made the said Robert Barron Drink and Ryoteously extorted from him ane pretended assignatione or subtack of his tack of the mylne of Auchlinbart to the end that when the said Mr James were removed from the barne by Decreet of Councill he might evacuat and eleid the same by entering into this new possessione, Which is almost contiguous to the former, And straight at the gates of the Ladies house, and accordingly he hath actually built ane house on the Croft and intruded therin though the tack sett by the pursuar to the tenent therof be nowayes granted to assigneyes bot ane pretended assignatione therto extorted dureing the dependance of the said former proces my emulationem viciri and is Innovaty Lito pendente Lykas the said Archibald Innes since the said dependance and letters of Lawborrowes execute against him did upon the first second […] or ane or other of the dayes of the moneths of June Jully August September and October successive after others masterfully throw doune disipat and Carie away the peat stack and peatts in the pursuers possessione and has brunt only therof since his first intrussione till the […] day of June or Jully Last by past that he did cast up new peetts in the mosses belonging to the said Lady and her daughter notwithstanding of instruments taken against him in the Contriare and hath ledd these peets though instruments were Lawfullie Laid one, and intimat to him theranent, as also since the said Laborrowes and dependance has made rodds throw the pursuers cornes and distroyed them and her grass and Continued a track of vexationes against her by Charging her self and tennents at different times with severall Laborrowes therby to necessitate therin to numerous suspensiones by sureptitously Imprisoneing severalls of them particularly the said Robert Barron (who hade escaped to Edinburgh to deplore their miserable conditione at home) in the Cannogate Tolbooth by supriseing them when absent at Edinburgh before inferior Courts and when one Cause is advocat intenting ane other though all depending before superior Judges by threatneing her servants from ther Labouring and Terifieing her tennents from staying with her or keeping ther tacks with Continuant of all the other barbaraties formerly Lybelled of all which crymes or ane or other of them the said Archibald Innes is guilty of least airt and part, And Therfore Ought and should be Decerned to desist and sease from troubling the said pursuer or her tennents in the possession of the saids5 mylne croft and pertinents therof or any other of the Lairds of Auchlinbart Otherwayes then by order of Law and to pay the penalties of Laborrowes 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 also anent the additionall Lybell at the instance of the said Hellen Gordon and her said daughter6 Making Mention That quher albeit the sumar and violent intrusion into the possession of houses Lands and heritages belonging to any party of proper right or as appearand air to his predecessor who dyed in the peacable possessione of the saids lands heritages and houses and the keeping up and detaineing of the Chartor Chist, and the wrytes and evidents of the Lands and heritadges belonging to any party and the raiseing and pursueing maliciouse and Calumnious Lybells before the Lords of our privy Councill especially against persones liveing about ane hundred myles distance from the city of Edinburgh to all crymes of an high nature and severly punishable nevertheless It is of verity that the lands of Auchinbart being provyded to the airs male and the deceast Walter Innes of Auchinbhart haveing dyed leaveing only one sone a pupill under the tutory of Hellen Gordon his mother and the pursuer now of Auchlinbart the said Walter Innes his Cousin german and nearest airs male and others, the said sone of Walter Innes and his tutors for his behoove did possess the house Maynes and office houses of Auchinbart which were not Lyfrented by the said Hellen Gordon the said Walters relict, or her mother in law dureing all the dayes of the said sone after his father, And the sone haveing also dyed in the moneth of march last before sowing of any part of the maynes the successione did devolve to Archibald Innes the pursuer]
1. NRS, PC2/24, 293r-294v.
2. Scored-out marginal note: ‘This is the additional Lybell and should have been Last insert’.
3. This entry was scored out here.
4. Marginal note: ‘This is all wrong’.
5. The word ‘Ladie’ scored out here.
6. Marginal note: ‘And this is the principall lybell and should have bein first insert’.
1. NRS, PC2/24, 293r-294v.
2. Scored-out marginal note: ‘This is the additional Lybell and should have been Last insert’.
3. This entry was scored out here.
4. Marginal note: ‘This is all wrong’.
5. The word ‘Ladie’ scored out here.
6. Marginal note: ‘And this is the principall lybell and should have bein first insert’.