Decreet, 16 June 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the sixteinth day of June Jaj vjc nyntie two years

D1692/6/121

Decreet

Decreet Suspension Wilson of Brakie Against Mr John Wilsone

Anent the bill of suspension given in to the Lords of their majesties privy Councill be Mr John Lyon sheriff Clerk of Angus Shewing That quher the petitioner is charged be vertue of letters of horning purchased before the saids Lords at the instance of Mr Thomas Wilsone of Brakie to reenter the said Mr Thomas his wyfe bairnes familly tenants and Cotters to the peacable possessione of the lands of Boukie houses biggings yeards parts pendules and pertinents therof quhatsomever Extending to Ten Chalders of victuall per annum within a Certaine short space under the paine of Rebellion who for alledged not obedience Intends to Cause denunce the petitioner Rebell and put him to the horn most wrongeously and unjustly Considering It is of veritie that the forsaid charge is most unwarrantable wheras the petitioner is charged to reenter the said Mr Thomas Wilsone in the lands of Barkie extending extending2 to ten Chalders of victuall, Wheras the Decreet which is the ground of the charge being founded upon the petitioners alledged ejecting the said Charger his wyfe who is now deceased before his Declarators of Lyfrent of Lyfrent3 Escheat ware recovered And that altho the petitioner did use the said ejectione legally be vertue of the shirreff of Forfarr his Decreet yet the saids Lords appointed the petitioner to pay to the Charger The soume of Thrie hundred merks scots money which accordingly was done, Although the chargers wyfe within Twentie four hours after the said ejection did re-enter to the possession and uplifted the maills and duties and dyed in the said house, Which the petitioner was able to verifie be pregnant witnesses and by her oun recepts of the rents, And that the petitioner did not eject the charger Bot that he freely quat his possession which the charger cannot deny upon oath, Wherunto the petitioner is content to referr the Samen yet notwithstanding the petitioner was Decerned in the mean tyme untill his Declarators ware perfyte to reenter the charger to the lands as they ware possest by the petitioner himself Bot True it is that the lands possest be the petitioner ware never above six Chalders of victuall, And for the remanent of the saids lands what ever extant the same has been and is in the possession of the superior so that as to the charge to reenter him to the possessione of Ten Chalders victuall the same is Imprestable, So the charge cannot receive obedience upon that account And that the Superior is in possession of the greatest part of the said lands The charger himself cannot deny upon oath Wherunto he was content to referr the same Secundo the petitioner haveing recovered his decreet of Speciall and generall4 Declarator for his payment and securitie of the Soumes due by the charger to the petitioner It ware hard to put the comon debitor the rebell in possessione to frustrat the petitioner of his Just debt, And what ever title the charger might pretend to the estate the petitioner being in possessione be vertue of ane legall title The Charger must reduce his right And the Competition Ought to be Discussed before the Lords of Session as only Judges Competent Lykas the charger in Order to the discussing of the intrest has raised reductione of the petitioners right which is depending before the Lords of Session, So that the charger being insisting in ane Reduction of his Right before the Judge ordinar the charge given to the suspender ought to be Suspended untill the discussing therof, Especially Considering the charger has taken the possessione violently at his oun hands And yet nevertheless the petitioner is content to find Cautione to enter the charger incaise it shall be found be the saids Lords that the petitioner ought so doe at the discussing heirof And Therfore etc And Therfore Humbly Craveing the saids Lords to Grant letters for suspending the said charger for production of the saids letters and Charges and grounds wherupon the samen proceided To have been seen and Considered be the saids Lords, And to have heard and seen the samen suspended, as the said bill of suspensione bears Which bill of Suspensione with the ansuers therto being read in presence of the saids Lords this day And the said Mr John Lyon Comparing by Mr William Aikman advocat And the Charger Compeiring Personally with Mr John Frank advocat The saids Lords appointed the charger to give his oath what Lands he was in possessione of the tyme that the said Mr John Lyon did use ejectione against him And the said charger Did accordingly depone before a Comittie of Councill as his oath extant in proces bears Therafter the saids Lords haveing Considered the saids bill and reasones of suspensione with the ansuers made therto with the Decreet of generall Declarator before the Lords of session at the instance of the said Mr John against the Charger dated the sixteinth day of January Jaj vjc Eightie six years with the letters of horning raised at the instance of the said Mr John against the chargers tennents for payment of their maills and duties upon a decreet of5 speciall Declarator both produced for the said suspender Togither with the Decreet of Councill Craved to be suspended and a process of wairning at Mr John Lyons instance against the chargers tennents dated the twentie fifth day of march Jaj vjc nyntie two years with two severall instruments taken by the Chargers wyfe the one therof protesting remeed of law against the suspenders for the ruinous Condition of the house of Baikie and the other protesting against the tennants for refuseing to give her any meall to mantaine her familly albeit ther was a great quantitite Lying in seiks for payment of the ferme Androw Webster the tennent haveing Answered that Mr John Lyon hade ordered him to Carry the ferme to the girnell of Glames both dated the last of Aprill Jaj vjc and nyntie two all produced for the charger with the oath and Depositione of the Charger taken before the said Committie and read in presence of the haill Councill The saids Lords of Privy Councill, Have Refused and heirby Refuses the bill of Suspensione, And Repells the reasones therof And Finds the letters at the chargers instance Orderly proceided And Ordaines the said Mr John Lyon suspender to reenter the said Mr Thomas Wilsone his wyfe bairnes and family tennants and Coatters to the lands following from which he did eject the charger viz The toune and lands of Baikie Drumdarine and Carlingwell with the maner place of Baikie houses biggings yeards and Orchyeards etc. and haill parts pendules and pertinents of the saids lands Lying within the Lordship of Glames parochin of Neither-Airly and Shirefdome of Forfar, And for that effect Ordaines the suspender To Remove himself his wyfe bairnes familly tenants Coatters and servants furth and from the samen And Discharges him to trouble or molest the Charger or his forsaids in the peacable possessione therof and in uplifting of the maills and duties of the samen in tyme comeing And ordaines letters of horning on fiftein dayes and others to pass heiron as effeirs.

Edinburgh the sixteinth day of June Jaj vjc nyntie two years

D1692/6/121

Decreet

Decreet Suspension Wilson of Brakie Against Mr John Wilsone

Anent the bill of suspension given in to the Lords of their majesties privy Councill be Mr John Lyon sheriff Clerk of Angus Shewing That quher the petitioner is charged be vertue of letters of horning purchased before the saids Lords at the instance of Mr Thomas Wilsone of Brakie to reenter the said Mr Thomas his wyfe bairnes familly tenants and Cotters to the peacable possessione of the lands of Boukie houses biggings yeards parts pendules and pertinents therof quhatsomever Extending to Ten Chalders of victuall per annum within a Certaine short space under the paine of Rebellion who for alledged not obedience Intends to Cause denunce the petitioner Rebell and put him to the horn most wrongeously and unjustly Considering It is of veritie that the forsaid charge is most unwarrantable wheras the petitioner is charged to reenter the said Mr Thomas Wilsone in the lands of Barkie extending extending2 to ten Chalders of victuall, Wheras the Decreet which is the ground of the charge being founded upon the petitioners alledged ejecting the said Charger his wyfe who is now deceased before his Declarators of Lyfrent of Lyfrent3 Escheat ware recovered And that altho the petitioner did use the said ejectione legally be vertue of the shirreff of Forfarr his Decreet yet the saids Lords appointed the petitioner to pay to the Charger The soume of Thrie hundred merks scots money which accordingly was done, Although the chargers wyfe within Twentie four hours after the said ejection did re-enter to the possession and uplifted the maills and duties and dyed in the said house, Which the petitioner was able to verifie be pregnant witnesses and by her oun recepts of the rents, And that the petitioner did not eject the charger Bot that he freely quat his possession which the charger cannot deny upon oath, Wherunto the petitioner is content to referr the Samen yet notwithstanding the petitioner was Decerned in the mean tyme untill his Declarators ware perfyte to reenter the charger to the lands as they ware possest by the petitioner himself Bot True it is that the lands possest be the petitioner ware never above six Chalders of victuall, And for the remanent of the saids lands what ever extant the same has been and is in the possession of the superior so that as to the charge to reenter him to the possessione of Ten Chalders victuall the same is Imprestable, So the charge cannot receive obedience upon that account And that the Superior is in possession of the greatest part of the said lands The charger himself cannot deny upon oath Wherunto he was content to referr the same Secundo the petitioner haveing recovered his decreet of Speciall and generall4 Declarator for his payment and securitie of the Soumes due by the charger to the petitioner It ware hard to put the comon debitor the rebell in possessione to frustrat the petitioner of his Just debt, And what ever title the charger might pretend to the estate the petitioner being in possessione be vertue of ane legall title The Charger must reduce his right And the Competition Ought to be Discussed before the Lords of Session as only Judges Competent Lykas the charger in Order to the discussing of the intrest has raised reductione of the petitioners right which is depending before the Lords of Session, So that the charger being insisting in ane Reduction of his Right before the Judge ordinar the charge given to the suspender ought to be Suspended untill the discussing therof, Especially Considering the charger has taken the possessione violently at his oun hands And yet nevertheless the petitioner is content to find Cautione to enter the charger incaise it shall be found be the saids Lords that the petitioner ought so doe at the discussing heirof And Therfore etc And Therfore Humbly Craveing the saids Lords to Grant letters for suspending the said charger for production of the saids letters and Charges and grounds wherupon the samen proceided To have been seen and Considered be the saids Lords, And to have heard and seen the samen suspended, as the said bill of suspensione bears Which bill of Suspensione with the ansuers therto being read in presence of the saids Lords this day And the said Mr John Lyon Comparing by Mr William Aikman advocat And the Charger Compeiring Personally with Mr John Frank advocat The saids Lords appointed the charger to give his oath what Lands he was in possessione of the tyme that the said Mr John Lyon did use ejectione against him And the said charger Did accordingly depone before a Comittie of Councill as his oath extant in proces bears Therafter the saids Lords haveing Considered the saids bill and reasones of suspensione with the ansuers made therto with the Decreet of generall Declarator before the Lords of session at the instance of the said Mr John against the Charger dated the sixteinth day of January Jaj vjc Eightie six years with the letters of horning raised at the instance of the said Mr John against the chargers tennents for payment of their maills and duties upon a decreet of5 speciall Declarator both produced for the said suspender Togither with the Decreet of Councill Craved to be suspended and a process of wairning at Mr John Lyons instance against the chargers tennents dated the twentie fifth day of march Jaj vjc nyntie two years with two severall instruments taken by the Chargers wyfe the one therof protesting remeed of law against the suspenders for the ruinous Condition of the house of Baikie and the other protesting against the tennants for refuseing to give her any meall to mantaine her familly albeit ther was a great quantitite Lying in seiks for payment of the ferme Androw Webster the tennent haveing Answered that Mr John Lyon hade ordered him to Carry the ferme to the girnell of Glames both dated the last of Aprill Jaj vjc and nyntie two all produced for the charger with the oath and Depositione of the Charger taken before the said Committie and read in presence of the haill Councill The saids Lords of Privy Councill, Have Refused and heirby Refuses the bill of Suspensione, And Repells the reasones therof And Finds the letters at the chargers instance Orderly proceided And Ordaines the said Mr John Lyon suspender to reenter the said Mr Thomas Wilsone his wyfe bairnes and family tennants and Coatters to the lands following from which he did eject the charger viz The toune and lands of Baikie Drumdarine and Carlingwell with the maner place of Baikie houses biggings yeards and Orchyeards etc. and haill parts pendules and pertinents of the saids lands Lying within the Lordship of Glames parochin of Neither-Airly and Shirefdome of Forfar, And for that effect Ordaines the suspender To Remove himself his wyfe bairnes familly tenants Coatters and servants furth and from the samen And Discharges him to trouble or molest the Charger or his forsaids in the peacable possessione therof and in uplifting of the maills and duties of the samen in tyme comeing And ordaines letters of horning on fiftein dayes and others to pass heiron as effeirs.

1. NRS, PC2/24, 58r-59v.

2. Sic.

3. Sic.

4. The words ‘and generall’ are an insertion.

5. The words ‘decreet of’ are an insertion.

1. NRS, PC2/24, 58r-59v.

2. Sic.

3. Sic.

4. The words ‘and generall’ are an insertion.

5. The words ‘decreet of’ are an insertion.