Act, 27 December 1694, Edinburgh

Att Edinburgh The Seventh day of June J^aj vj^c nyntie four years

D1694/6/3

D1694/6/3¹

Decreet

Decreet absolvitor Blaikwood and others Against Forsyth and his Spouse.

Anent the Lybell or Complaint raised and pursued before the Lords of their majesties privy Councill at the instance of Mathow Forsyth Cook burges of Edinburgh and Marion Eliot his Spouse with Concourse of Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten making mention That albeit by the Lawes and Constitutiones of all weell governed nationes and by the Lawes and acts of parliament of this kingdome the assaulting of persones in their oun houses which is homesucken and the violent spulzieing and away takeing of their geir and houshold plenishing, and the destroying of their burges tickets breaking doune of their publict signes and the Imprisoneing their persones and detaineing them in prisone without hearing the instrumented insist till they be in hazard to sterve for want especially wher the crymes are done without any order or pretext of Law And the scandalizeing persones in their good names and reputationes and raising Calumnies and groundles aspersiones upon them as if they were theives Complyers or Corrosponders with Theives harbourers ²or resetters of them and of the goods stollen be them are all crymes of ane high nature and ought and should be severly punished nevertheless upon the seventeinth day of september J^aj vj^c nyntie one William Alves late servitor to the deceast Mr John Richardsone advocat did come to their dwalling house and in a violent maner did assault and invade the persones of the said Mathew Forsyth pursuer and incarcerat him by order of Baillie Blaikwood then present baillie of Edinburgh within the Tolbooth therof and upon this only alledgance that the pursuer should have recept ane silver standage belonging to the Duke of Queensberry and alse upon the twentie sixth day of the said moneth […] Drumond Cornet to the Lord Newbotles Dragoons came to the pursuers house about one in the morning when his familly was in bed and ane party of the toune Guard of Edinburgh in a most hostile and barbarous maner and did beat his wyfe sadly and take away all her Cloathes break up her Chists and did most barbarously beat drag and abuse her and put her also in prisone and did Lock the door and took away the key with him and put the rest of his familly to the street by the said Baillie Blaikwood his order and when they were in prisone, William Dobie James Gray, James Somervell and William Eikfoord officers having gott the key from the said Drummond They came to the house and Caried away all that William Drumond left of the plenishing with meat drink ready money and Cloathes to the value of Two Thousand punds scots and upwards and what they gott not caried away the sparphled and destributed the same to the people and poor they saw who were gathered as spectators and did take away from the said Mathew his burges ticket as burges of Edinburgh, and tore and destroyed the Same, and they being cast in prison in the Tolbooth of Edinburgh amongst whoores and theives in a most indigent and starveing Conditione were detained therin from the said seventein and twentie sixth dayes of september to the Eleventh of may J^aj vj^c nyntie two years, as the extract of their Imprisonement under the Clerk of the Tolbooths hand Showen to the saids Lords has testified and dureing their Imprisonement they hade not to live upon not so much as ane plack Loave betwixt them, but what they could procure of Charity, and their house haveing stood waist all this time wherby they not only Lossed their trade of Cookrie and inkeeping for that year But likewayes was necessitate to pay twentie dollers of waist maill all that time ³ for the said house and likewayes in the said moneth of september when they were prisoners Hew Mcgie mirour maker in Edinburgh came to their house and by himself and others his accomplices Did breake doune their publict signe for directing gentlemen and others to their house being a publict Inn And the saids persones has not only Spulzied and away taken their goods and geir But alsoe out of meir malice and prejudice Conceiteed against them without any reason has Scandalized and reproached ther fame and good name by calling them theives Complyers and Corresponders with them receivers and resetters of the Goods stollen by them and particularly the silver standage belonging to the Duke of Queensberry and the goods robbed from the said Cornet Drumond Off the which Crymes above specified the saids persones or one or other of them are actors airt and part, And Therfore they ought not only and should be Decerned to make payment to the pursuers of two thousand pund as the value of the household plenishing utincills and Domicills of their house and alse of the soume of Twentie dollers of house maill and the soume of Fourtie dollers as the value of the prejudice sustained by them from the said William Alves, William Drumond and the other persones throw the loss of ther trade destroying of their burges ticket breaking doune of their signe Imprisoneing of their persones and otherwayes in maner above Lybelled But likewayes the forsaids persones and goods to the terror of others to doe the like in time comeing And Anent the charge given to the saids defenders To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords shall think fitt as in the forsaid Lybell and executiones therof at more length is Contained Which lybell being this day called in presence of the Lords of their majesties privy Councill, and the said Mathew Forsyth being absent and Marion Eliot his spous Compeiring personally And the said Baillie Blackwood Heugh Mcgie and William Eckford thrie of the defenders Compeiring also personally with Sir Patrick Home their advocat and James Simervell […] Christiain Thorntoune Cornet Drumond and William Alves also defenders being called and not Compeiring The saids Lords of ther majesties privy Councill haveing Considered both libells with the answers made for Robert Blaikwood to the lybell at Mathow Forsythes instance with a petitione given in for William Alves They heirby refuse to sustaine proces upon the lybell at the instance of the said Mathow Forsyth and his said spouse In Respect the said Mathow who is principall pursuer is absent and that his wyfe cannot pursue without his concourse And Therfore have assoylzied and hereby assoylzies the said Robert Blaikwood and remanent defenders conveened in the said lybell frae haill points and articles therof and desyre of the pursuers Craved therby And Declaires them quyte therof and free ther frae in all time comeing and Grants Certificatione in the lybell at the instance of Baillie Blackwood against Mathow Forsyth for his absence and not Compeirance And ordaines letters of denunciation to be direct at Robert Blaikwoods instance to messengers at armes Comanding them to pass to the mercat Cross of […] and other places needfull and ther in their majesties names and authoritie duely Lawfullie and orderly denunce the said Mathow Forsyth ther majesties rebell and put him to ther highnes horne And ordaines all their moveaball goods and geir to be escheat and inbrought to their majesties use for their Contemptione and disobedience; And the saids Lords doe heirby Give order and warrand to the macers of privy Councill or messengers at armes to pass search seek take and apprehend The persone of the said Mathow Forsyth wher ever he is or may be apprehended and to Comitt him prisoner till furder order of Councill And Ordaines the macers of Councill presently to Carry the said Marion Eliot spouse to the said Mathow prisoner from the barr to the Tolbooth of Edinburgh and ordaines the magistrats of Edinburgh and keeper of their tolbooth to receive and detaine her therin.