Warrant, 21 December 1699, Edinburgh

Att Edinburgh the Fourtein day of December J^aj vi^c Nyntie Nyne years

D1699/12/5

D1699/12/5¹

Act

Act James Chrighton of Auchingoul and Alexander Stewart

Anent the petition given in to the Lords of his majesties privy Councill be James Chrichtone Sone to George Chrichtone of Auchingowill and Alexander Stewart of Lessimurday Shewing That Wher the relict of Lowis sometime Viscount of Frendraught and Hellen Johnstone relict of the deceast Arthur Forles of Balvennie and Mrs Magdallen Chrichtone Sister to the said deceast viscount haveing raised a Clamerous Complaint against the said James Chrichtone before the saids Lords, as if the petitioner hade after threats and Minaces to dispossess them of the house of Frendraught by violence gone North and execute the petitioners saids threats in the most barbarous and inhumane Maner that could be by not only entering the house in a hostile maner with bands of men, The petitioners pretended accomplices and therupon violently breaking doors Clossets, and others and robbing and plundering all household stuff and Furnitur And that the petitioner hade by violence thrust out the said Hellen Johnstoune and seazed all that she hade, And that upon the said relict of the Last Lord Lowis her returne home from Edinburgh, The petitioner did violently debarr her access to the house and Maletreat her in such sort that she Contracted a fewer in the Barne of John Duff tennent in the Maynes and concludes against the petitioner that the petitioner could not only be severly punished bot Decerned in payment of great Sumes of money, as the value of the goods and others alledged Robed and plundered from the said Hellen Johnstone, Mrs Magdallan Chricton and the other pursuers It is true that the Occasion of the petitioners not Compearance on Tuesday last according to the Citation was That albeit the petitioner out of Conscieousnes of his oun integrity did take Journey near eight dayes before hand, That the petitioner might have been here in due time for prepairing of the petitioners defences yet the thaw and break of the storme haveing so obstructed the petitioners travell That it was Impossible for the petitioner to aryve here sooner then wedensday last the very nixt day after the day of Compearance and wherthrow tho the Certificatione be pronunced against the petitioner, yet the petitioner humbly hopes the Lands Lords would repone the petitioner their against Considering that some of the witnesses cited by the pursuers themselves who was alse weell as the petitioner were Storme stayed as said is could testifie the verity of the petitioners alledgance, and being reponed the petitioner with all humility offered to the saids Lords the ground of the petitioners defence as it ariseth from the matter of fact following Viz the Last Lowis Viscount of Frendraught haveing never been infeft nor yet brooked he any more bot the house of Frendraught, and a small aliement out of the Lands nixt adjacent therto by the saids Lords order for his lifetime, And the petitioners father haveing been served heir upon Inventary to the Last infeft viscount of James Frendraught his Nephew, And their being some precedents wher the appearand heirs are not precluded from the litle of honor upon the Forfaulter of the Last intituled persone As in the case of the Earle of Buchan, The petitioners said father thinking that the Last deceased and Forfaulted Viscount Lowis his relicts intrest to dwall in the house of Frendraught did cease with her husbands death And with all Considering that by her and others assumed to dwall in the said house their negligence the house was become intirely ruinous as to the rooff Lofting flooring and everie way else Which threatned much² damnage to the petitioners said father If upon his attaineing to a Competency of Substance it should be found practicable for him to assume the title and dignity of the family And in the mean time he the petitioners said father haveing upon his appearance and Service aforsaid applied to the saids Lords of Session for removeing the said relict of the Late Viscount Lowis, Or At³ Least that access should be allowed to the house for work men and others to repair the same seing ther was abundance of Convenience for serving that purpose and accomodating the said relict albeit her family were six times more numerous then it is, The Lords thought fitt to remitt the petitioners fathers Conclusione of Removeall to be prosecute by way of actione, Bot the petitioner did not hear or understand that they hade utterly refused access for repairing of the house in the way and maner demanded, Wherupon the petitioner did without any previous threat or Minace, (and which the petitioner utterly deny) come to the house of Frendraught Singly without the attendance of any man and haveing in the peaseable maner entred by the open patent gates, The petitioner found non ther bot the said Hellen Johnston and Francis Chrichtone the petitioners brother and Alexander Stewart of Lessmurday Sitting in queit and Civill maner with some of the ordinary servants about the house, and after the said Francis and Alexander hade gone out of the roome, The petitioner told the said Hellen Johnstone that the petitioner thought She hade no title to dwall ther, Beside that She by makeing use of severall of the roomes at buyers and folds for sheep and Cattell and otherwayes distroying the fixt furniture was not a weell holden guest, and that what ever way the late Viscount Lowis his relict and her family might continue to possess yet the said Hellen Johnstone might give way at Least for accomodating work men and others in order to the repairing of the house, wherupon She the said Hellen in her ordinary posture Viz her nightgown and Slipers as she used to walk in and out about the gates did goe out and desert the house wher throw and because the petitioner wanted the keyes of the uper Stories and Caphouse By which the work men might arryve at the rooff for mending of the same the petitioner was necessitate indeed to lock the doors, and upon advertisment of the last Viscount Lowis his relict her arryvall from Edinburgh with her sister in Law the said Mr Magdallen the petitioner did upon ale hast come from Auchingowll to John Duffus house at the green of Frendraught wher they were, and ther with all respect and defference Immaginable besought the Lady to enter the house and accomodate her self with her family and Servants And with the Same breath told her what hade past Some dayes before in order to the accommodating of the workmen wrights and others with the timber daills and other Matterialls that she did then actually See in her presence for repairing the ruinous condition of the house, Bot She utterly refused all proposalls Or so much as to accommodat her self in the house or yet to lett the petitioner proceed in the repairationes, Wherupon the petitioner was necessitate to take instruments upon the petitioners said offer and protest for coast Skaith and damnadge In Respect of the ruinous Conditione of the house as the Lady her self will not nor cannot deny, And the nottar and witnesses shall prove, and after all the petitioners expostulations with her The petitioner was necessitate to cary home the keyes of the house with the petitioner to Auchingowll Least by the desertione of the house on all hands ther might be some pretentiones of damnadges unduely Charged on the petitioner by the Imbazlments that might happen to be Committed, Notwithstanding all the Cautiousness the petitioner used for secureing against such pretentions In so farr as primo upon Hellen Johnstounes removeall out of the house and her receiveing every thing that she should Lay clame to as hers to a pins worth And that at the Sight of Alexander Hamilton a freind of her oun nominatione She did grant the petitioner ane absolute respect and discharge without the least Compulsitor or restraint As She her self upon her Oath of Cannot deny, And shall be proven by the Gentlmen that wryt and were witnesses in the discharge Secundo quoad Mrs Magdallen Chrichtone her pretentione of Damnadges She her self upon her oath of Calumnie Cannot deny Bot She entred the house in person and received and took out every thing she would Call her own, And therupon went her way without the least Grydge or Claime anent the want of any thing Likeas Tertio the lady herself tho she refused The petitioners Overtures of Accommodatione yet She never wanted access to the house when she pleased And all that She can pretend to stand yet in the house untouched for any thing the petitioner knowes Quinto And what is above represented being the treuth of all the matter And which upon the event of the exculpatione and the saids Lords allowing the petitioner dilligence for citeing of witnesses the petitioner will evidently make appear, The saids Lords may perceive by what force of ill Councill the pursuers have been acted when they wrested the Matters to such a degree of Ryot and violance as is Lybelled And therby Created the saids Lords great trouble and the petitioner and severall others much expensses and vexatione. Likeas the said Alexander Stewart of Lessmurday was Likewayes hindred from Compearance by Storme and was altogither Innocent and free of the matter Complained off, as upon the event of ane exculpatione the petitioner was able to make appear And Therfore Humbly Craveing the saids Lords would be pleased In respect of the petitioners plaine ingenuity In all that is above represented And that the petitioners can prove the Same by witnesses beyond exception To allow the petitioner a day for exculpating themselves and that on Such Competent time as the petitioners might by vertue of ane dilligence adduce witnesses for that effect And in the mean time That the saids Lords would be pleased to discharge the extracting any Certificatione against the petitioners or denunceing them for their not arryvall at the precise hour of Compearance, as the said petitione bears. The Lords of his Majesties privy Councill haveing Considered this petitione given in to them be the above James Crichtone younger of Auchingowll They Have Reponed and hereby Repones the petitioners against the Certification pronunced against him in the proces pursued at the instance of the late Viscountes of Frendraught and appoines him to be ready with his Lawiers attending the Councill against Tewsday nixt being the Nynteinth day of December instant to debate in the proces at the said Ladies instance against him And Refuses the other desires of the bill.