Act, 28 February 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

Edinburgh Thursday The 28th February 1695

D1695/2/311

Act

Act Robert Campbell of Drumsynie

Anent a Petition given in to the Lords of his Majesties privy Councill be Robert Campbell of Drumsynie Shewing That quher […] Campbell of Drumsynie the petitioners elder brother did now about twentie years agoe but of ane apprehension That throw his oun facility he might be ingadged in Cautionries Granted a bond of Twelue Thousand punds principall To […] Frieland his brother in Law to the effect he might lead ane appryssing of the estate Which was accordingly Led but nothing ensued upon it as being ane absolut trust But on the Contrary his said elder brother Continued in the possession of the Estate dureing his lifetime Nevertheless when both the petitioners brother and Freeland his trustie were dead, and that the petitioner was come to the possessione of the estate as being his brothers appearand air, Archibald Frieland sone to the said […] Freeland did insinuat upon the petitioner and taking advantage upon his weaknes induced him to grant a dispositione Corrobrative of the forsaid appryssing and grounds therof upon pretence that it was only done for Compleating of the right and to make it the more effectuall for the security above designed, and that if it were Compleated He would give a retrocessione or backbond for preventing the petitioners prejudice But this being once done the said Archibald Freeland behaving absolutely as master, and haveing quarrelled the petitioners possessione reduced the petitioner under trust to inexpressible straits and defficulties, And haveing at the same time the petitioner granted the said Corroboratione induced the petitioner to put into his Custody severall bonds granted to the petitioners brother with assinationes therto to subscryve and grant to him severall wholl sheets of paper all blank, In some quherof he has since filled up bonds of Borrowed money Discharges and other rights as made best for his purpose, He hath Continued his oppression upon the petitioner this severall years designing no Less then to ruine and extinguish his familly tho he be his uncle Which the petitioner being sincible of applyed freinds to deall with him to repone the petitioner against such a palpable Cheat, But in stead of Complying with ther desyre He makes a bargain under hand with Sir Duncan Campbell of Auchinbreck about thrie or four years of agoe and Dispones to him all the right he hade to the petitioners estate, Which in lands and bonds was worth Fourtie thousand merks for six Thousand merks and gave him up at the same time the blank sheets the petitioner hade signed and Immediatly went to America, after which Auchinbreck brevi manu and Manu forti Turns the petitioner totally out of his possession and forces his tennents by parties of armed men to pay him thes petitioners rents to him who being stronger did over power all the opposition the petitioner Could make either via facti or via juris, Wherby the petitioner his wife Childrein and familly have been reduced to and still continue in a sterving Conditione Having no releiff bot the Charity of freinds In which extream necessity the petitioner againe applyed to Auchinbreck if he would repone the petitioner upon getting back of his bond that he gave to Freeland and he freely ouned that he thought the matter a Cheat from the begining and that if he hade known so much at first he would not have midled with it, and Therfore by a letter under his hand to the Earle of Brodalbine in october Jaj vjc nyntie He Declaires that he did not Covit the Bargaine but did freely quyte it without Loss wherupon ther ware indeavors used to transact the bond which Auchinbreck hade granted to Freeland for the said six Thousand merks with one Sprewell a writter in Edinburgh To whom Freeland hade assigned the bond, But Auchinbreck notwithstanding of his repeated promisses and letters in the petitioners favors Transmitts his right to the Lairds of Ardkindles elder and younger who also prevaills with Mr Sprewell to give them a right to Auchinbrecks bond albeit Sprewell at that time was under Communeing with the petitioner, and for four or five thousand merks undertaken by Arkindlas to be payed be Sprewell, For the payment of Auchinbrecks bond and obtaineing from Auchinbreck the right which he hade to Freeland the petitioners wholl estate to the value of Fourtie thousand merks Is Like2 to be Caried away to the petitioners outter ruine, Which being a Circumvention of a long and deep and most ruinous Contrivance The petitioner Cannot, But prosecute the discovery of it by all means and methods that the law allowes, But because the petitioner is so manifastly betrayed and turned out of all the petitioners fortune the petitioner most in all humulity apply to the saids Lords That at least in the mean time, He might have ane aliement for his necessary subsistance and Carieing one the proces that will be needfull in such a case And that ther Lordships may be furder Cleared that it is only wrong and extream necessity that urge the petitioner to give their Lordships this trouble He only Craves in the first place That Ardkindless Auchinbreck and Sprewell may give their oathes of Calumnity upon the knowledge and Conscience of the wholl premisses That ther Lordships might therafter doe in the matter as they should see Cause, And Therfore Humbly Craveing the saids Lords would be pleased In a case to singullar and grivious, To appoint the petitioner a reasonable aliement out of the said estate And to decerne the tennents therof to pay the same, Which he hoped the saids Lords should have appointed the said aliement the petitioner farder Craves that he may be sumarly repossest to his estate against the forsaid violence used against the petitioner and that the saids parties speciallie Auchinbreck might answer theranent as the said petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the forsaid Robert Campbell with the answers given in therto be the Lairds of Auchinbreck and Arkindless They heirby Modifie the soume of Fyve hundred merks scots to be payed to the petitioner for his present aliement out of the Estate of Drumsynie, And Decernes Sir Collin Campbell of Ardkindless and the tenents of the said estate, To make payment to him of the soume at the terme of Whitsunday nixt to come And ordaines letters of horning one fiftein dayes to be direct heiron against the saids tenants to be particularly named in the horning and others needfull in forme as effeirs, And Discharges any Suspensione herof to be past or exped, Except upon payment or Consignation allenerly and gives order and warrand to the Clerks to give out Letter heiron for citeing Sir Duncan Campbell of Auchinbreck and Sir Collin Campbell of Arkindless to appear and answer to this petition And assignes the […] day of […] for that effect and also for citeing of witnesses.

Edinburgh Thursday The 28th February 1695

D1695/2/311

Act

Act Robert Campbell of Drumsynie

Anent a Petition given in to the Lords of his Majesties privy Councill be Robert Campbell of Drumsynie Shewing That quher […] Campbell of Drumsynie the petitioners elder brother did now about twentie years agoe but of ane apprehension That throw his oun facility he might be ingadged in Cautionries Granted a bond of Twelue Thousand punds principall To […] Frieland his brother in Law to the effect he might lead ane appryssing of the estate Which was accordingly Led but nothing ensued upon it as being ane absolut trust But on the Contrary his said elder brother Continued in the possession of the Estate dureing his lifetime Nevertheless when both the petitioners brother and Freeland his trustie were dead, and that the petitioner was come to the possessione of the estate as being his brothers appearand air, Archibald Frieland sone to the said […] Freeland did insinuat upon the petitioner and taking advantage upon his weaknes induced him to grant a dispositione Corrobrative of the forsaid appryssing and grounds therof upon pretence that it was only done for Compleating of the right and to make it the more effectuall for the security above designed, and that if it were Compleated He would give a retrocessione or backbond for preventing the petitioners prejudice But this being once done the said Archibald Freeland behaving absolutely as master, and haveing quarrelled the petitioners possessione reduced the petitioner under trust to inexpressible straits and defficulties, And haveing at the same time the petitioner granted the said Corroboratione induced the petitioner to put into his Custody severall bonds granted to the petitioners brother with assinationes therto to subscryve and grant to him severall wholl sheets of paper all blank, In some quherof he has since filled up bonds of Borrowed money Discharges and other rights as made best for his purpose, He hath Continued his oppression upon the petitioner this severall years designing no Less then to ruine and extinguish his familly tho he be his uncle Which the petitioner being sincible of applyed freinds to deall with him to repone the petitioner against such a palpable Cheat, But in stead of Complying with ther desyre He makes a bargain under hand with Sir Duncan Campbell of Auchinbreck about thrie or four years of agoe and Dispones to him all the right he hade to the petitioners estate, Which in lands and bonds was worth Fourtie thousand merks for six Thousand merks and gave him up at the same time the blank sheets the petitioner hade signed and Immediatly went to America, after which Auchinbreck brevi manu and Manu forti Turns the petitioner totally out of his possession and forces his tennents by parties of armed men to pay him thes petitioners rents to him who being stronger did over power all the opposition the petitioner Could make either via facti or via juris, Wherby the petitioner his wife Childrein and familly have been reduced to and still continue in a sterving Conditione Having no releiff bot the Charity of freinds In which extream necessity the petitioner againe applyed to Auchinbreck if he would repone the petitioner upon getting back of his bond that he gave to Freeland and he freely ouned that he thought the matter a Cheat from the begining and that if he hade known so much at first he would not have midled with it, and Therfore by a letter under his hand to the Earle of Brodalbine in october Jaj vjc nyntie He Declaires that he did not Covit the Bargaine but did freely quyte it without Loss wherupon ther ware indeavors used to transact the bond which Auchinbreck hade granted to Freeland for the said six Thousand merks with one Sprewell a writter in Edinburgh To whom Freeland hade assigned the bond, But Auchinbreck notwithstanding of his repeated promisses and letters in the petitioners favors Transmitts his right to the Lairds of Ardkindles elder and younger who also prevaills with Mr Sprewell to give them a right to Auchinbrecks bond albeit Sprewell at that time was under Communeing with the petitioner, and for four or five thousand merks undertaken by Arkindlas to be payed be Sprewell, For the payment of Auchinbrecks bond and obtaineing from Auchinbreck the right which he hade to Freeland the petitioners wholl estate to the value of Fourtie thousand merks Is Like2 to be Caried away to the petitioners outter ruine, Which being a Circumvention of a long and deep and most ruinous Contrivance The petitioner Cannot, But prosecute the discovery of it by all means and methods that the law allowes, But because the petitioner is so manifastly betrayed and turned out of all the petitioners fortune the petitioner most in all humulity apply to the saids Lords That at least in the mean time, He might have ane aliement for his necessary subsistance and Carieing one the proces that will be needfull in such a case And that ther Lordships may be furder Cleared that it is only wrong and extream necessity that urge the petitioner to give their Lordships this trouble He only Craves in the first place That Ardkindless Auchinbreck and Sprewell may give their oathes of Calumnity upon the knowledge and Conscience of the wholl premisses That ther Lordships might therafter doe in the matter as they should see Cause, And Therfore Humbly Craveing the saids Lords would be pleased In a case to singullar and grivious, To appoint the petitioner a reasonable aliement out of the said estate And to decerne the tennents therof to pay the same, Which he hoped the saids Lords should have appointed the said aliement the petitioner farder Craves that he may be sumarly repossest to his estate against the forsaid violence used against the petitioner and that the saids parties speciallie Auchinbreck might answer theranent as the said petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the forsaid Robert Campbell with the answers given in therto be the Lairds of Auchinbreck and Arkindless They heirby Modifie the soume of Fyve hundred merks scots to be payed to the petitioner for his present aliement out of the Estate of Drumsynie, And Decernes Sir Collin Campbell of Ardkindless and the tenents of the said estate, To make payment to him of the soume at the terme of Whitsunday nixt to come And ordaines letters of horning one fiftein dayes to be direct heiron against the saids tenants to be particularly named in the horning and others needfull in forme as effeirs, And Discharges any Suspensione herof to be past or exped, Except upon payment or Consignation allenerly and gives order and warrand to the Clerks to give out Letter heiron for citeing Sir Duncan Campbell of Auchinbreck and Sir Collin Campbell of Arkindless to appear and answer to this petition And assignes the […] day of […] for that effect and also for citeing of witnesses.

1. NRS, PC2/25, 189r-191r.

2. The word ‘wayes’ scored out here.

1. NRS, PC2/25, 189r-191r.

2. The word ‘wayes’ scored out here.