Decreet, 9 November 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Edinburgh The nynth day of November Jaj vjc nyntie thrie years

D1693/11/41

Decreet

Decreet absolvitor: Troup Against Innes

Anent the Lybell raised and pursued before the Lords of their Majesties privy Councill at the instance of John Innes Lawfull Sone to the deceast Coll John Innes of Lichnet and Sir James Stewart their Majesties advocat for their highnes intrest in the matter underwritten Mentioning That albeit the invading beatting and wounding of his majesties Leidges especially wher the same is done by any person in his oun house wher he ought to be most discreet and Civill and to protect all other persones that are accidentally ther upon their Lawfull occassiones, And quher the same is done after letters of Labourowes are duely raised and execute against him and Cautione found by them in the books of privy Councill for their peacable behavior and deportment be crymes of ane high nature and severly punishable by Imposeing upon them the fynes contained in the letters of Labourowes and otherwayes as the Lords of Councill shall think fitt Nevertheless It is of veritie that Alexander Garden of Troup haveing conceaved ane invetrat prejudice and malice against the pursuer James Innes and his deceased father They are necessitate for secureing of themselves against his cruell and malicious designed and attempts to raise and execute letters of Laborrowes against him, notwithstanding quherof the pursuer haveing upon the […] day of February Last by past or one or other of the dayes of the said moneth being the sabbath day gone to the house of the said Alexander Garden to Complaine to the Comander of a partie of his majesties forces that was in that Countrey of some abuse Committed by some of the souldiers under his Command upon some of the pursuars brothers tenents and subtenants And haveing recewed Satisfactione from the Commander of the partie theranent and being comeing away in a peacable maner, The said Alexander Garden of Tropp shakeing of all fear of god and respect to his majestie and his authoritie and Lawes did in a most barbarous and Cruell maner without any provocatione whatsomever fall upon the pursuer and gave him many grivious stroaks with a great staff or batton over the head and shoulders and upon his face to the great hazard of his life, and hade certainely beatt out his braines before ever he hade left him, If by the providence of god some persones then present have not rescued him out of his Cruell hands, By doeing quherof the said Alexander Gordon of Troup is guilty of the breach and Contraventione of the letters of Laborowes and of ane open and manifast ryot violence and oppressione Comitted by him against the pursuar upon the sabath day within his oun house in maner forsaid And for quhich he ought not only to be fyned and amerciat in the soume of thrie thousand merks contained in the letters of Laborowes the one half therof to be applyed for ther majesties use and the other half to the pursuar Conforme to the Lawes and acts of parliament and dayly practique in the like cases Bot Likewayes Ought to be otherwayes punished in his persone and goods to the example and terror of others to doe and Comitt the like in tyme comeing And Anent the charge given to the said Alexander Garden of Troup To have Compeired before the saids Lords this day to have answered to the grounds of the Complaint And to have heard and seen such order and Course taken theranent as apertained under the paine of rebellion etc as the said Lybell and executiones therof at more length of reconventione at the instance of the defender against the said pursuer Neill Urquhart and others being both this day called in presence of the Lords of their majesties privy Council and the pursuer Compeiring personally with Mr George Alexander advocat his procurator And the said Alexander Gardin of Troop Compeiring also personally with Sir James Ogilvie Mr Hewgh Dalrymple Mr David and Mr Robert Forbess advocats his procurators, The Laird of Troops procurators haveing declaired that they did not insist in the reconvention at his instance, But Remitted the principall Lybell to the Councills Consideratione And the saids Lords of privy Councill haveing Considered the principall Lybell at the said John Innes instance against Garden of Troop with the answers made therto, and both parties procurators being fully heard, They Find the said Lybell at John Innes instance not relevant to inferr a Contraventione of Laborrowes, And Therfore Assoylzies the said Alexander Gardine from the said Lybell In so farr as may be extended to a Contravention of Laborrowes, And Remitts the point of Ryot distinct from the Contraventione to be pursued before and discust by the Judge ordinary

Edinburgh The nynth day of November Jaj vjc nyntie thrie years

D1693/11/41

Decreet

Decreet absolvitor: Troup Against Innes

Anent the Lybell raised and pursued before the Lords of their Majesties privy Councill at the instance of John Innes Lawfull Sone to the deceast Coll John Innes of Lichnet and Sir James Stewart their Majesties advocat for their highnes intrest in the matter underwritten Mentioning That albeit the invading beatting and wounding of his majesties Leidges especially wher the same is done by any person in his oun house wher he ought to be most discreet and Civill and to protect all other persones that are accidentally ther upon their Lawfull occassiones, And quher the same is done after letters of Labourowes are duely raised and execute against him and Cautione found by them in the books of privy Councill for their peacable behavior and deportment be crymes of ane high nature and severly punishable by Imposeing upon them the fynes contained in the letters of Labourowes and otherwayes as the Lords of Councill shall think fitt Nevertheless It is of veritie that Alexander Garden of Troup haveing conceaved ane invetrat prejudice and malice against the pursuer James Innes and his deceased father They are necessitate for secureing of themselves against his cruell and malicious designed and attempts to raise and execute letters of Laborrowes against him, notwithstanding quherof the pursuer haveing upon the […] day of February Last by past or one or other of the dayes of the said moneth being the sabbath day gone to the house of the said Alexander Garden to Complaine to the Comander of a partie of his majesties forces that was in that Countrey of some abuse Committed by some of the souldiers under his Command upon some of the pursuars brothers tenents and subtenants And haveing recewed Satisfactione from the Commander of the partie theranent and being comeing away in a peacable maner, The said Alexander Garden of Tropp shakeing of all fear of god and respect to his majestie and his authoritie and Lawes did in a most barbarous and Cruell maner without any provocatione whatsomever fall upon the pursuer and gave him many grivious stroaks with a great staff or batton over the head and shoulders and upon his face to the great hazard of his life, and hade certainely beatt out his braines before ever he hade left him, If by the providence of god some persones then present have not rescued him out of his Cruell hands, By doeing quherof the said Alexander Gordon of Troup is guilty of the breach and Contraventione of the letters of Laborowes and of ane open and manifast ryot violence and oppressione Comitted by him against the pursuar upon the sabath day within his oun house in maner forsaid And for quhich he ought not only to be fyned and amerciat in the soume of thrie thousand merks contained in the letters of Laborowes the one half therof to be applyed for ther majesties use and the other half to the pursuar Conforme to the Lawes and acts of parliament and dayly practique in the like cases Bot Likewayes Ought to be otherwayes punished in his persone and goods to the example and terror of others to doe and Comitt the like in tyme comeing And Anent the charge given to the said Alexander Garden of Troup To have Compeired before the saids Lords this day to have answered to the grounds of the Complaint And to have heard and seen such order and Course taken theranent as apertained under the paine of rebellion etc as the said Lybell and executiones therof at more length of reconventione at the instance of the defender against the said pursuer Neill Urquhart and others being both this day called in presence of the Lords of their majesties privy Council and the pursuer Compeiring personally with Mr George Alexander advocat his procurator And the said Alexander Gardin of Troop Compeiring also personally with Sir James Ogilvie Mr Hewgh Dalrymple Mr David and Mr Robert Forbess advocats his procurators, The Laird of Troops procurators haveing declaired that they did not insist in the reconvention at his instance, But Remitted the principall Lybell to the Councills Consideratione And the saids Lords of privy Councill haveing Considered the principall Lybell at the said John Innes instance against Garden of Troop with the answers made therto, and both parties procurators being fully heard, They Find the said Lybell at John Innes instance not relevant to inferr a Contraventione of Laborrowes, And Therfore Assoylzies the said Alexander Gardine from the said Lybell In so farr as may be extended to a Contravention of Laborrowes, And Remitts the point of Ryot distinct from the Contraventione to be pursued before and discust by the Judge ordinary

1. NRS, PC2/24, 264v-265v.

1. NRS, PC2/24, 264v-265v.