Act, 6 October 1697, Edinburgh

Att Edinburgh the Seventh day of December J^aj vi^c nyntie seven yeirs

D1697/12/2

D1697/12/2¹

Procedure: judicial proceedings

Remit John Taillzier Against Lady Barro

Anent the lybell or Letters of Complaint raised and persewed befor the Lords of his majesties privie Cownsell at the instance of John Taillzier in Damhead with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing mentione That wher the combineing in Associationes and actwallie assasinating and mwtilateing our Leidges Especiallie at a tyme when they owght to be in the greatest Securitie viz in ther comeing and goeing to publict mercats about ther Laufull Bwssienes be crymes of ane high nature and Severelie pwnishable particularlie It is declaired oppressione to molest or assault merchands in the frie wse of ther Liberties and priviledges Act twentie Sixth parliament fourth James the fifth and it is oppressione to Stopp or make impediment in Comoun high wayes act fiftie fourth parliament Sixth Qween Mary and by the Lawes of this and all well governed nationes That the Committers of mutilatione or disablers of any member Are not only Severelie pwnishable But alsoe are lyable Conjunctllie and Severallie in the highest expenses that the persones injured was pwtt into for his cure both for tymes bygone And in tyme comeing Nevertheles […] Abercrombie Spouse to […] Reid of Barrow did upon the first or second day of October J^aj vi^c nyntie Six yeirs or upon ane or other of the dayes of the said moneth Convein and Lead on four persones viz […] Gordon of Beldarme […] Gordon alias Mullikandin […] Gordon brother to Davock and Thomas Strachan in […] in Aberdeinshyre and haveing (on what pretence the Complainer knowes not) way Laid the Complainer till he came from the mercat of old Meldrum Wher the Complainer had bein about his Lawfull bwssines the said Lady Barrow and her saids wicked accomplices all or atleast Some of them at her desyre and in her presence being all on horseback and being prepared for ther most barbarows designe did most inhwmanely and crwellie assault the Complainers persone haveing most Severelie Strwck him Downe from his horse and Swch was ther most crwell and impiows barbaritie that this did not satisfie ther wicked crweltie and that the Complainers old age (being near to Seventie yeirs) receaved no pitie from them but they yet beatt him so severelie while he was lying on the grownd that they left him for dead and had it not bein by providence of God that his servants comeing from the said mercat and finding him in this Lamentable and Deplorable conditione did Support the Complainer to his horse and conduct him home he had bein exposed to the injurie of the cold night air which Joineing with the Complainers former crwell wseage and the naturall infirmitie of the Complainers old age would in all probabilitie have coast the Complainer his life And to evidence furder to the saids Lords the crweltie and Severitie of the Complainers said inhumane treatment the Complainer was therby forced to ly bedfast for six weeks therefter And throw one of the Strokes the Complainer then receaved the Complainer was ever since Lost the wse and abilitie of one of his armes And therfore the haill foirnamed persones ought not only to be decerned Conjunctllie and Severallie in the Soume of […] of expensses debursed be the Complainer for performeing the cure and in what soume the saids Lords shall decerne against them for the wtmost valwe of the Complainers Laboure and the wse of the Complainers name soe mwtilat for tymes bygone and in tyme comeing But also to be otherwayes pwnished in ther persones and goods to the terror of others to comit the lyke in tyme comeing And Anent the charge given to the said defenders to have Compeared personallie befoir the saids Lords of privie Cowncill at ane certaine day now bygone to have answered to the grownds of the above complaint and to have heard and sein such order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As in the said lybell or Letters of complaint with the executiones therof at more length is contained Which Lybell being this day called in presence of the saids Lords of privie Cownsell And the persewar Compeareing personallie with Mr Francis Grant his Advocat and John Gordon James Gordon and Thomas Strachan thrie of the defenders Compeareing also personallie with Sir David Thores Mr Robert Bennet and Mr George Lesslie Advocats for them and the rest of the defenders and the said Lady Barro and Robert Gordon brother to Dwach two of the defenders being Laufullie And oft tymes called and not compeareing The lybell and answers therto being read and a testificat prodwced and sustained The Lady Barros indispositione The saids Lords haveing at lenth heard both pairties Lawwers and haveing considered the lybell with the answers made therto and the debate by both pairties Lawwers They heirby refwse to Sustaine process on the above written Lybell befor ther Lordships But Leaves the persewar to insist in the same befor the Shirreff of the Shyre wher the ryot was Committed or any other Judge ordinary and competent as accords if he thinks fitt