Act, 16 January 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Sixtein day of January Jaj vic nyntie six yeirs

D1696/1/271

Act

Act in favoures of The Lady Drum

Anent the petitione given in to the Lords of his majesties privie Counsell Be William Lord Forbes Sir Alexander Forbes of Tollqwhen and others the relationes and freinds of Margorie Forbes now Lady Dowager of Drwm in name and behalf of the said Lady And She for herself Shewing That wher Alexander Irving of Mwrtle pretended air of Taillie to the estate of Drwm haveing bein so farr concerned at the news of the said Ladyes being with child that he wsed all the methods in his power to occasione her abortione particularly by Swch representationes to the saids Lords of privie Counsell anent her being with chyld as few woemen of Spirit, especiallie in her conditione could Safely bear which nevertheles the saids Lords ther Justice did so order that by ther deliverance appointing phisitians to report what the Ladyes conditione was All Mwrtles designed course of rwdenes and wndecencie was disapointed als well as his callwminows Suggestiones of The Ladyes not being with child, were baffled by the saids phisicians ther report to the saids Lords of privie Counsell which Mwrtle hes thowght fitt for that cause never to offer or present, tho Long ago sent up, as appears by the missive Letter wnder one of the phisicians hands with the double of the report prodwced with the said petitione, Androw it haveing pleased God to visite the Laird of Drwm by Sicknes so that he is dead The said Murtle, upon report therof hes convocat a bond of armed men to the number of twentie or threttie with Swords gwns Sparrs, forehammers axes and others and wnder Silence of night did soe barbarousely assault and invade the house of Drum while the corpes were yet wmburned that they Scaled the walls, broke up the gates and doors teared of the Locks and possessed themselvs so farr of all the rowmes That The Lady is confyned to a most miserable conditione in a remote obscure narrow corner and no access allowed to her but at ane wndecent and most wnconvenient backentrie so that She is not only in hazard of abortion but Likewayes wnder dread and fear of being murdered by the said owtragiows band of men who carrowze and roar night and day to her great disturbance and terror as the forme of the instrument taken by one of the servants in her name against Murtle theranent produced with the said petitione can testifie And Seing by another Letter wnder the hands of the two phisicians that attended Drwm the tyme of his Sicknes It is evident that the Lady is in hazard of her life als well as of abortione through the bad wseage She meets with And that by these very argwments addwced for Murtle De Ventrie inspiciendo et in possessionem nuttendo altho The Lady were not in the actuall possessione yet She ought to be putt into possessione till by her being brought to bed it appears whit her ane air Shall exist or not She Therfore a factiori ought now to be mentained in the possessione till the tyme of her foirsaid deliverie which is expected once in March And Murtle Should be discharged all attempts and incroachments in the meantyme Especiallie Seing The Lady never refwises the frie wse of the house and conveniencies therof till the solemnitie of buriall be over As the Said forme of instrwment Likewayes bears Therfor and Seing Murtle as yet hes no Shaddow of pretensione his interest as administrator haveing fallen by the Lairds Decease and his clame as air of taillzea not existing till it appear by the Ladyes being brought to bed whither She brings furth a Sone or a doughter And therfor humbly craveing That the Saids Lords of privie Counsell will continwe to take care of preserveing the hope that ther is of propagateing the familie in the persone of the righteows air of The Lairds own bodie And by ther Deliverance heirupon not only discharge Murtle to attempt possessione of the house And to ordaine him and all his saids complices to remove therfrom imediatly efter the buriall But Likewayes to discharge him from troubleing or any wayes molesting the Lady in her persone or possessione And to direct Letters of Horning for chargeing him to that effect As the said petitione beares Which being this day red and considered be the saids Lords of privie Cownsell They heirby recomend to The Earle of Erroll Shirreff principall of the shyre of Aberdeen And appoints and ordaines Andrew Frazer off Lillmundie his Shirreff depute to visite the house of Drwm And take tryall what trouble or molestatione The Lady hes mett with therin Since her husbands decease and by whom And to remove all persones who have bein the occasione of Such Disturbance And to putt and continue the said Lady in that peaceable possession of the said house of Drwm which She was in the tyme of her husbands decease And that imediatly efter The Laird of Drums buriall Shall be over And in the mean tyme untill the bodie of the said Deceast Laird of Drum be interred that the said house of Drum be open and patent to the freinds and relationes of the familie and others concerned in the buriall That they may friely repaire therto without any hindrance or molestatione

Att Edinburgh the Sixtein day of January Jaj vic nyntie six yeirs

D1696/1/271

Act

Act in favoures of The Lady Drum

Anent the petitione given in to the Lords of his majesties privie Counsell Be William Lord Forbes Sir Alexander Forbes of Tollqwhen and others the relationes and freinds of Margorie Forbes now Lady Dowager of Drwm in name and behalf of the said Lady And She for herself Shewing That wher Alexander Irving of Mwrtle pretended air of Taillie to the estate of Drwm haveing bein so farr concerned at the news of the said Ladyes being with child that he wsed all the methods in his power to occasione her abortione particularly by Swch representationes to the saids Lords of privie Counsell anent her being with chyld as few woemen of Spirit, especiallie in her conditione could Safely bear which nevertheles the saids Lords ther Justice did so order that by ther deliverance appointing phisitians to report what the Ladyes conditione was All Mwrtles designed course of rwdenes and wndecencie was disapointed als well as his callwminows Suggestiones of The Ladyes not being with child, were baffled by the saids phisicians ther report to the saids Lords of privie Counsell which Mwrtle hes thowght fitt for that cause never to offer or present, tho Long ago sent up, as appears by the missive Letter wnder one of the phisicians hands with the double of the report prodwced with the said petitione, Androw it haveing pleased God to visite the Laird of Drwm by Sicknes so that he is dead The said Murtle, upon report therof hes convocat a bond of armed men to the number of twentie or threttie with Swords gwns Sparrs, forehammers axes and others and wnder Silence of night did soe barbarousely assault and invade the house of Drum while the corpes were yet wmburned that they Scaled the walls, broke up the gates and doors teared of the Locks and possessed themselvs so farr of all the rowmes That The Lady is confyned to a most miserable conditione in a remote obscure narrow corner and no access allowed to her but at ane wndecent and most wnconvenient backentrie so that She is not only in hazard of abortion but Likewayes wnder dread and fear of being murdered by the said owtragiows band of men who carrowze and roar night and day to her great disturbance and terror as the forme of the instrument taken by one of the servants in her name against Murtle theranent produced with the said petitione can testifie And Seing by another Letter wnder the hands of the two phisicians that attended Drwm the tyme of his Sicknes It is evident that the Lady is in hazard of her life als well as of abortione through the bad wseage She meets with And that by these very argwments addwced for Murtle De Ventrie inspiciendo et in possessionem nuttendo altho The Lady were not in the actuall possessione yet She ought to be putt into possessione till by her being brought to bed it appears whit her ane air Shall exist or not She Therfore a factiori ought now to be mentained in the possessione till the tyme of her foirsaid deliverie which is expected once in March And Murtle Should be discharged all attempts and incroachments in the meantyme Especiallie Seing The Lady never refwises the frie wse of the house and conveniencies therof till the solemnitie of buriall be over As the Said forme of instrwment Likewayes bears Therfor and Seing Murtle as yet hes no Shaddow of pretensione his interest as administrator haveing fallen by the Lairds Decease and his clame as air of taillzea not existing till it appear by the Ladyes being brought to bed whither She brings furth a Sone or a doughter And therfor humbly craveing That the Saids Lords of privie Counsell will continwe to take care of preserveing the hope that ther is of propagateing the familie in the persone of the righteows air of The Lairds own bodie And by ther Deliverance heirupon not only discharge Murtle to attempt possessione of the house And to ordaine him and all his saids complices to remove therfrom imediatly efter the buriall But Likewayes to discharge him from troubleing or any wayes molesting the Lady in her persone or possessione And to direct Letters of Horning for chargeing him to that effect As the said petitione beares Which being this day red and considered be the saids Lords of privie Cownsell They heirby recomend to The Earle of Erroll Shirreff principall of the shyre of Aberdeen And appoints and ordaines Andrew Frazer off Lillmundie his Shirreff depute to visite the house of Drwm And take tryall what trouble or molestatione The Lady hes mett with therin Since her husbands decease and by whom And to remove all persones who have bein the occasione of Such Disturbance And to putt and continue the said Lady in that peaceable possession of the said house of Drwm which She was in the tyme of her husbands decease And that imediatly efter The Laird of Drums buriall Shall be over And in the mean tyme untill the bodie of the said Deceast Laird of Drum be interred that the said house of Drum be open and patent to the freinds and relationes of the familie and others concerned in the buriall That they may friely repaire therto without any hindrance or molestatione

1. NRS, PC2/26, 99v-101v.

1. NRS, PC2/26, 99v-101v.