Decreet, 29 December 1698, Edinburgh

Att Edinburgh the sixtein day of Jwny J^aj vi^c nyntie eight years

D1698/6/10

D1698/6/10¹

Act

Act for Relaxatione The Earle of Braidalbine Against doctor Skein

Anent the petitione given in to The Lords of his Majesties privie Counsell be John Earle of Breadalbine Shewing That wher heis charged denunced and registrat to the horne be vertue of Letters of horneing raised at the instance of Doctor Alexander Skein provost of the colledge of St Andrews against the petitioner for not payment making to him of Four Hundereth merks Scotts yeirly for the yeirs J^aj vi^c nyntie six and nyntie seven Conforme to ther Lordships act of the date the threttie day of Jully J^aj vi^c nyntie six most wrongouslie and wnjustly because The chairge being founded upon ther Lordships act therwith prodwced ordaining the petitioner to pay four hundereth merks to the doctor yeirly Dureing the dependance of the process betuixt them mentioned in the said act Commenceing from Whitt Sonday J^aj vi^c and nyntie six for that current yeir J^aj vi^c nyntie six Conforme wherto The petitioner accordingly made payment to The doctor of Four hundereth merks for the said Current yeir J^aj vi^c nyntie six Conforme to the discharge therof also therwith produced Daited the Eleventh of August J^aj vi^c nyntie six And as to the four Hundereth merks alleadged dwe for the yeir J^aj vi^c nyntie seven The same is als growndles as the other is wnwarantable for The doctor haveing in Jully J^aj vi^c nyntie Seven applyed to The Lords of Sessione He was by ther decreit also therwith prodwced ordained to be repossessed in the Lands therin expressed and accordingly he hath taken up the rent of the Lands for the cropt J^aj vi^c and nyntie seven which he cannot deny upon oath wherby the petitioner ought to be frie from paying of the four Hundereth merks for that yeir and in tyme comeing as is evident by ther Lordships act afoir mentioned Notwithstanding wherof The doctor hes most wnjustly chairged denunced and registrat the petitioner to the horne for the said four Hundereth merks for the yeir J^aj vi^c nyntie Six albeit it was payed Long befor the charge was given as said is as appears by the executione of the horneing and the horning itself therwith produced And for the four hundereth merks for the yeir J^aj vi^c nyntie Seven albeit he be also payed therof by his intromissione with the rents of the Lands in maner foirsaid Conforme to The Lords of Sessione ther decreit And Likewise threattens to debarr the petitoner by the said Horning soe wnjustly execute and registrat against him from prosecuteing his interest in process against the doctor wnles the petitioner be relaxed Nevertheles for obedience he is instantly content to find Cawtione acted in ther Lordships books for payment of Twentie merks for his escheat goods to his majesties thesaurie in Caice it be fownd that he is orderly denunced and putt to the horne for the cause foirsaid And therfor the petitioner ought to be relaxed therfrom ad hunc effectum that he may have personam standi in Judicio etc And therfore humbly craveing to the effect eftermentioned As the said petitione Bears Which being this day read and considered be the saids Lords of his majesties privie Counsell with answers made therto for Doctor Skeen The saids Lords doe heirby Give warrand to ther Clerks to extract Letters of relaxatione upon the above bill ad hunc effectum only to give The Earle personam Standi in Judicio In respect The said Earle hes found Cautione acted in the books of privie Counsell that he shall make payment to doctor Skeen chairger of the above Soume of Four Hundereth merks for the yeir J^aj vi^c nyntie seven at the terme of Lambmes next to come But prejudice to the said Earle to qwarrell or impugne the payment of the said Soume by Suspensione or otherwayes as he can doe in Law betuixt and the day foirsaid