Edinburgh The Twentie seventh day of November J^aj vj^c nyntie four years

D1694/11/22

D1694/11/22¹

Act

Act and Remit The Lady Tyrie contra Gordon of Techmurie

Anent the lybell or sumonds raised and pursued before the Lords of their majesties privy Councill at the instance of Christian Abercrombie relict of the deceast Alexander Frazer of Tyrie Thomas Crowden in Ord tennent to the said Christian and […] webster his spouse and Sir James Stewart their Majesties advocat for their highnes intrest in the matter underwritten Mentioning That quher by the Comon law of this and all other weell governed realmes and by the Constant practique of this kingdome the violent and unwarrantable seizing or Causeing seize and apprehend their majesties free leidges without any order of Law or any legall dilligence whatsomever, And the intiseing and inciteing of tennents to leave their masters and goe to other mens ground and Forging and falsifeing writtes or oblidgments against them for that effect as if they hade Consented to the same, of their oun accord or by their oun hand writt of designe to Occasione stiff betwixt the master and the tennent and likewayes the wounding blooding and bruising especially under horss foot and designedly by ryding over them particularly women who are of the more weak and tender degree Be all Crymes of ane high nature And Severly punishable nevertheless It is of verity That James Gordon of Techmurie did Command and give order to John Yuill in Macna William Andersone in Miltaile, James Murisone in Burntack James Anderson ther Peeter Yeat ther and Alexander Andersone servant to Techmurie upon the fifth day of march last or one or Other of the dayes of the said moneth Come to the house of the said Thomas Crowden the pursuers tennent who Sumarly seized and apprehended his persones and Caried him prisoner to the house of Techmurie without any Captione, or any other legall Dilligence or order of Law whatsomever wher they detained him for some time, And therafter the said Gordon of Techmurie with the Other persones abovenamed Caried him prisoner from the said house of Techmurie to the toune of Aberdeen wher they likewayes keeped him prisoner for some dayes and his said Spouse haveing gott notice that the saids persones hade so unjustly and so Illegally seised upon and Caried away her said husband prisoner in maner forsaid did come to the said Gordon of Techmurie when he was on the way Carieing her husband to Aberdeen, and demanded of him by what authoritie or order he hade so seized and Imprisoned her said husband, wherupon the said Techmurie not only abused her with many base and opprobreous expressiones not fitt to be repeated But put the spurrs to his horss and most un Christianly and unhumanly trampled her under his horse foot untill she was almost dead and wounded and bruised her so that she was hardly able to recover her self from the ground, and farder the said Gordon of Techmurie has Counterfitt forged made up and devised ane pretended minute betwixt the said Thomas Crowden and him wherby the said Thomas is oblidged to acept of ane tack from the said Techmurie and renounce the tack from the pursuer And has by himself or some others, at his desire, forged and Caused put to the name of the said Thomas Crowden to the said minute, Wheras it is notourly knowen to the wholl Countrey that the said Thomas can neither read nor writt and which minute is written by Techmuries oun hand and has therupon stollen out a decret before the shireff of Aberdeen and has raised horning theron, and now Charged the said Thomas upon the same, By all which the said Techmurie and other persones abovenamed his accomplices are guilty of the forsaids Crymes or airt and pairt therof, and being so found ought and should be punished in their persones and goods to the terror of others to Comitt and doe the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone and to have answered to the above Complaint and to have heard and seen such order and Course taken theranent as appertains under the paine of Rebellion with Certificatione etc as the said Lybell and executiones therof more fully proports The Which lybell being Called in presence of the saids Lords and the haill pursuers being all absent And Sir Patrick Home Compeiring as Advocat for them, And the said Laird of Techmurie Compeiring personally and all the rest of the said defenders being absent and Sir James Ogilvie and William Black Compeiring as advocats for the haill defenders The saids Lords of their majesties privy Councill Continued the forsaid Lybell untill ane Certain day now bygone and appointed both parties and witnesses to attend that day of Compeirance in the additionall Lybell and the saids Lords haveing this day againe Considered the forsaid Lybell at the instance of the above Lady Tyrie and Thomas Crowden and […] Webster his Spouse against the above James Gordon of Techmurie and others They heirby Remitt the shireff principall of the shyre of Aberdeen and his deputs to hear the parties and determine in the matter Lybelled as accords in law.