Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Tenth Day of November J^aj vi^c nyntie six yeirs

D1696/11/3

D1696/11/3¹

Decreet

Decreit Lady Frazer of Lovatt Against Frazers

Anent the lybell or Letters of Complain raised and persewed befor the Lords of his majesties privie Counsell at the instance of Aemelia Lady Frazer or Lovatt John Marqwes of Athole John Earle of Tullibarden Aemelia Lady Dowager of Lovatt Lord James Murray William Lord Nairne Alexander Frazer of Strechen and Alexander Frazer of Kinnaries tutors to the said persewer with concurse of Sir James Stewart his majesties Advocat for his hignes interest in the mater wnderwritten Mentioning That wher The Summar intensione and entereing into possessione of estates by way of fact efter the decease of the heretors and possessor therof By fenceing of courts Decerning of tennents to pay ther maills and Dweties without any bille and by uplifting of Customes and caswalities of rents And the violent breakeing up of Doors and entering into the possessione of houses without order of Law And the breakeing up of Cabinets and Seaseing upon wrytes and evidents of ane estate And the assumeing of titles of Honor in presence of the defuncts Lineall air and Successor to the defuncts estate and Dignitie Are ryots and crymes of ane high nature Severelie pwnishable Nevertheles It is of veritie That Thomas Frazer of Beaufort and Thomas Frazer of Stronie are gwiltie or airt and pairt of the foirsaids crymes In swa far as The deceast Hewgh Lord Frazer of Lovatt haveing deceast upon the fifteinth and being bwried upon the twentie fourth of September Last The Saids Thomas Frazers did upon the twentie fifth or twentie sixth or ane or other of the dayes of the said moneth of September Last violentlie introde themselvs upon the house of Beaufort alias Castle Downie belonging to the said deceast Lord Frazer of Lovatt by breakeing up the doors of and entered into and Searched all the roomes of the house broke up the Cabinets and Seazed upon the writes and evidents of the estate and refwised To give access to Robert Robertsone The deceast Lord Lovatts Chamberland who being authorized by the said Complainer and her tutors Craved entrance in her name As also they did fence courts in name of the said Thomas Frazer of Beaufort And decerned the tennents to make payment of rents to him And caused proclame The Michaelmise fair of Bewly a burgh of barrony belonging to the estate of Lovatt in his own name and did uplift and intromett with the Customes of the mercat And in all these proceedings did asswme and usurp the title of Frazer Lovatt pretending by violence without order of Law to possess himself both of the Dignitie and estate notwithstanding that the Last infeftments of the said estate were taken by the defwnct in favoures of himself and the Airs maill of his bodie which faillzeaing in favoures of the eldest Air female without divisione wherby the said Complainer was eldest air female of her fathers body Haveing wndoubted right to Succeed to and continwe the possessione of her fathers estate alswell as to Succeed to his title which is ane antient dignitie not provided to airs Male But falling and descending to heirs whatsomever who by the Law and practicq of this natione are called and Designed heirs generall as haveing the wnqwestionable and generall right of Successione to all estate and dignitie not particularlie provided to any Speciall airs of taillzea And therfor in all Law eqwitie and reasone the said Complainer owght to be putt in the possessione of her fathers housses and estate And the wrytes and evidents therof and the ² said Complainer as heir of lyne onlie awthorized to wse and assume the foirsaid title and Dignitie And carie the armes of Frazer of Lovatt And the saids defenders owght to be decerned to desist from assumeing or wseing the title or dignitie or armes of Frazer of Lovatt or from troubleing or molesting the saids Complainers possessione of her fathers estate otherwise then by process and Dwe Cowrse of Law And Sicklyke the saids Thomas Frazer of Beaufort and Thomas Frazer of Strowy ought to be furder pwnished in ther persones and goods to the terror of others to Comitt the lyke in tyme comeing And Anent the charge given to the saids Defenders to have Compeared personallie befor the Saids Lords of privie to have answered to the grownds of the above Complaint and to have heard and Sein Such order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione etc As in the principall Lybell or Letters of Complaint with the executiones therof more fullie bears Which lybell or Letters of Complaint being this day called in presence of the Saids Lords of his majesties privie Counsell And Lord James Murray and William Lord Nairne two of the persewers tutors Compeareing personallie with Sir James Stewart his majesties advocat Sir Patrick Home his majesties Sollicitor Mr Robert Frazier and Mr John Fleemeing advocats for the persewer and her tutors and the defenders being Laufullie Summoned oft tymes called and not Compeareing And Sir David Thores Mr David Forbes and Mr Alexander McLaud Advocats Compeareing for them the lybell with a petitione for Frazer of Beaufort being red and considered by the saids Lords of privie Counsell The Saids Lords Doe heirby grant certificatione against the Saids Lairds of Beaufort and Strowie defenders in respect of ther absence and not compeareance And ordaines Letters of denunceatione to be direct to messengers at armes Comanding them to pass to the mercat cross of […] and other places needfull And ther in his majesties name and authoritie Duelie Laufullie and orderlie Denunce the saids Lairds of Beaufort and Strowie his majesties rebells Escheat and inbring all ther moveable goods and geir to his majesties wse for contempt and disobedience And Decernes and ordaines the Shirreff principall of the Shyre of Invernes within which the persewers fathers estate lyes and his deputs to putt the said persewer in possessione of her fathers houses and estate goods and geir which belonged to him the tyme of his decease and well any wayes taken in possessione of or intrometted with by the saids Defenders And decernes and ordaines the saids Lairds of Beaufort and Strowie defenders to restore and deliver back any wrytes intrometted with or taken away be them And ordaines these wrytes to be inventared if the defenders shall desyre the same or of otherwayes to be sealled by the Shirreff and his Depute untill tyme be had to inventar the Same if the persewer Shall requyre the Same to be Done And Discharges the saids defenders to trouble or molest the said persuer in the peaceable possessione of the saids houses and estate goods and geir and wrytes otherwise then by process and due course of Law And ordaines Letters wnder the Signet of Counsell on fiftein dayes and others needfull to be direct heirupon in forme as effeirs