Act, 6 October 1697, Edinburgh

Att Edinburgh the Fifth day of Augwst J^aj vi^c nyntie Seven yeirs Ante meridiem

D1697/8/4

D1697/8/4¹

Decreet

Decreit Earle of Ruglen Against Lady Innergelly

Anent The lybell raised and persewed at the instance of John Earle of Rwglen before The Lords of privie Counsell with Concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wheras be the Lawes of this and all well governed nationes the entering into and possessing of any persones house by force and violence without order of Law Especiallie when the same is done wnder cloud and silence of night is a manifest ryot and a cryme of a high nature and severlie pwnishable yet nevertheles It is of veritie that […] Elleis Lady Innergellie and […] Lwinksden of Innergellie her husband for his interest John and Agnes Harpers in Elliestowne hes presumed to Committ and is gwiltie of the foirsaid cryme and ryot In so farr as the said Lady Innergellie accompanied with the saids John and Agnes Harpers and Severall others to the number of Eight or nyn persones ther accomplices Came upon the twentie Second of Jwllie instant to the Complainers house of Elliestoune under clowd of night being about twelve a cloake at night And the doors of the house being closs and Lockt and they haveing brought with them Ledders they Scaled the house and violentlie broke open the windows and entered in by the windows and possessed themselvs of the house and then broke open the doors and still violently and unjustly detains the house yeards and inclosures and browght a number of beasts and putt in, in the yeard and incloswres and distroyed all the said Complainers grass that he was keeping for hay Off which high and manifest ryot the said Lady Innergellie John and Agnes Harpers are gwiltie as actors airt and pairt And they owght not only to be Summarly removed owt of the said house from the yeards and inclosures that the said Complainer may be repossest of the Samen and to be lyable to him in the Soume of […] for his damnadges But they owght to be severely and examplarly pwnished in ther persones and goods to the terror of others to Commit the lyke herefter And Anent the charge given to the saids defenders to have Compeared personallie befoir ther Lordships at ane certaine day now bygone to have answered to the grownds of the above Complaint And to have heard and Sein Swch order and Course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As the saids Lybell or Letters of complaint and executiones therof more fullie proports Which lybell being upon the third of Augwst instant called in presence of the saids Lords of privie Cownsell And the said Earle of Rwglen Compeareing personallie with Sir Patrick Home his advocat And the said […] Lwmbsdean of Innergellie for his interest and John and Agnes Harpers thrie of the defenders Compeareing also personallie And the said […] Elleris Lady Innergellie being Laufullie cited oft tymes called and not Compeareing The Lybell being Read the saids Lords of privie Cownsell granted certificatione against the said Lady Innergellie in respect of her absence and not compeareance And ordained Letters of Denunceatione to be direct against her and assoillzed her said husband from the haill points and articles of the said lybell and desyre of the persewar Craved therby in soe far as the Samen concerns or may be extended against him personallie And the saids Lords appointed the Shirreff principall of the Shyre of Linlithgow within which The Lands and house of Eleistowne Lyes and his deputs to eject and cast owt the said […] Elleis Lady Innergellie and her servants planishing and beasts owt of the possessione of the Same And the Saids Lords admitted the lybell to probatione against the said Agnes and John Harpers And the wittnesses being present and haveing made faith at the barr The saids Lords nominated a Comitie of their own number for exmaineing of the saids wittnesses And the said Countie haveing accordinglie mett They examined diverse and sundrie famous wittnesses who being all solemnly sworne and interrogat deponed as ther oathes and depositiones extant in processes bears And the saids Lords haveing this day advysed the said proces and haveing considered the depositiones of the wittnesses therin they find the lybell sufficientlie proven against the sadi Agnes and John Harpers and have decerned and ordained And heirby decernes and ordaines The Shireff principall of the Shirriffdome of Linlithgow and his depwts within which the house and Lands of Elleistowne lyes to eject remove and cast owt the said […] Elleis Lady Innergellie and her servants planishing and beasts out of the possessione of the houses of Elleistowne yeards and inclosures therof and the said Agnes and John Harpers furth and from the said house of Elleistowne and ther goods and beasts from the parks and yeards of Elleistowne and to Leave the Samen void and red and to reenter the said Earle of Rwglen persewar to the possession of the said house of Elleistowne parks yeards pairts and pertinents therof as he possesst the Samen before the ryot or violent intrustione lybelled was Committed and decernes and ordaines the saids Agnes and John Harpers two of the Saids defenders Conjunctllie and Severallie to make payment to the said Earle of Rwglen persewer of the Soume of Ane Hundered punds Scotts as coast Skaith and damnadge Sustained by him throwgh the said Agnes and John Harpers And ordaines The Shirreff of Linlithgow or his deputs or the macers of Cownsell and messengers at armes to seek search take and apprehend the said Agnes and John Harpers wherever they may be apprehended and Commit them prisoners to the next prisone ther to remaine ay and whill they make payment of the said Fyne And ordaines Letters of horneing to be direct on fiftein dayes wnder the Signet of Counsell for ejecting of the Lady Innergellie and Agnes and John Harpers and against the said Agnes and John Harpers