Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twentie Day of Febrwary J^aj vi^c nyntie Six yeirs

D1696/2/32

D1696/2/32¹

Decreet

Decreit Doctor Skeen against Earle of Breadalbine

Anent the lybell or Letters of Complaint raised and persued befor The Lords of his majesties privie Counsell at the instance of Doctor Alexander Skeen Late provest of the old colledge of St Andrews with concurse of Sir James Stewart his majesties Advocat for his hignes interest in the mater underuritten Mentioneing That wher Albeit by Severall acts of parliament and the Lawes of this and all other well governed nationes The wnwarrantable and Sumar dispossessing of any man out of his Just right and possessione whither by open violence and bangastrie or by oppressione of the tenents or be frawd or circumventione in Sedwceing and debaucheing the tenents and possessors to invert ther maisters possessione and to take and receave new tacks and assedationes from another to the prejudice of ther present maister without his knouledge or consent contrair to Law Be crymes of a high nature and Severely pwnishable Especiallie wher the Same is comitted and practised by any of our Judges and ministers of the Law wnder the colloure and pretext of Justice and of our authoritie Nevertheles It is of veritie That John Earle of Broadalbine Shirreff principall of the Shyre and Shirreffdome of Caithnes William Dumbar of Hemprigs his depute William Campbell his chamberland and James Stewart in […] his clerk And fiscall have presumed to comitt And are gwiltie of the foirsaids crymes In swa far as the deceast Patrick Bishup of Caithnes father in Law to the said complainer Haveing ane wodsett right of the Lands of Reiss Sowsskilimpster and others therin contained Redeimable by payment of the Soume of Nyntein Thousand and Two Hundereth merks And being therupon infeft in the yeir J^aj vi^c and Sixtie eight yeirs or therby And albeit the said wodsett right was asserted with ane backtack being incurred The Said deceast Earle of Caithnes did allow the Said Bishup to enter to the actuall and naturall possessione of the said wodsett Lands And accordinglie the Said deceast Bishup did enter by the said Earles consent to the peaceable possessione therof in the yeir J^aj vi^c and Sixtie eight and continwed his Said possessione therefter by uplifting the maills and dueties Setting and raising of tenents And doeing all wther deads of propertie untill the yeir J^aj vi^c Seventie nyn That the Said Bishup disponed the foirsaid wodsett in favoures of the Said complainer who by vertue of the foirsaid right and infeftment following therupon Did continwe in the peaceable possessione therof by uplifting of the maills and dueties Setting and raiseing of tenents and doeing all deads of propertie by himself and Alexander Smart his chamberland and factor untill the moneth of Janwary J^aj vi^c and nyntie thrie yeirs att which tyme the persones above complained upon Finding that Alexander Smart his factor and chamberland was then lately dead and Supposeing with themselvs that the said Complainer being then turned out of his place and imployment as proveist of the old colledge of St Andrews And therby deprived of all meanes of Liveliehood and Subsistance except the rents of the foirsaid wodsett would be reduced altogither incapable to persue any proces against them in caice they could gett him turned owt of the possessione of the foirsaid wodsett and gett the rents therof keeped up from him And in persweance of ther foirsaid project and designe the saids William Dumbar William Campbell and James Stewart by themselvs and others by ther Counsell order and owthunding Did wse all methods to perswade the tenents and possessors of the said haill wodsett Lands to invert Sumarly the Said complainers possessione of the Same And to take new tacks and assedationes of ther said respective possessiones from themselvs or ane or other of them By threatening to keep them in continwall trouble by executeing Letters of Lawburrowes against them and pronunceing Decreits against them for alleadged contraventione wnless the saids tenents would comply with and concurr in ther wnjust project and designe for inverting the said complainers possessione of the said wodsett as said is And the poor tenents being thus threatned and harrassed and not allowed tyme Sowth to the said complainer or to send and acqwaint him with the foirsaids malitiows projects and wicked designes that was intented against him in the premisses The Said William Dumbar did upon the […] day of Janwary J^aj vi^c nyntie thrie or ane or other of the dayes or moneths of the said yeir J^aj vi^c and nyntie thrie Hold a court upon the ground of the Saids Lands wher the said William Dumbar as depute to the said Earle of Breadalbine Did pronunce a most wnjust and wnwarrantable Sentance against the tenents and possessors of the said wodsett Lands without So much as calling the said complainer ther maister albeit it was well knowen to the said William Dumbar himself that the said complainer and the deceast Bishup of Caithnes his author were at that tyme in peaceable possessione of the said wodsett Lands and had bein in peaceable possessione therof constantly Since the yeir J^aj vi^c Sixtie eight as Said is And therby decerned the tenents and possessors to take new tacks from the said Earle of Breadalbine as ther maister at least to take tacks from themselvs or ane or other of them as deputes or chamberlands to the said Earle and to make payment to his Lordship or to them of the rents that were due and payable for the preceeding cropt and and yeir J^aj vi^c and nyntie two and therefter in tyme comeing And to make payment of all that was resting in ther handes for any yeirs or termes preceeding By vertue of which wnwarrantable and illegall procedure of thers the said complainers most illegallie dispossest and kept onto of the possessione of his said wodsett right But also the persones above complained upon have uplifted the rent and Dueties of the said wodsett Lands which were due and payable for the cropt and yeir of God J^aj vi^c nyntie thrie and J^aj vi^c and nyntie four Extending in yeirly rent to the Soume of Ane Thousand punds efter deductione of ministers Stipends and all publict burdens As also the Soume of Twelve Hundereth pownds that was resting in the tenents hands preceeding the yeir and cropt J^aj vi^c nyntie thrie And therfor in all Law and eqwitie the persones above complained upon ought and Should be decerned to reenter the Said complainer to the possession of his wodsett and discharged from troubleing and molesting him in the peaceable possessione therof ay and while the Same be legallie redeuned and to refownd and pay to him the Soumes of money above uritten as the two yeirs Dwety of the Lands above uritten and bygone rests in the tenents hands So wnwarrantablie uplifted and intrometted with be them And to be otherwayes pwnished in ther persones and goods to the example and terror of others to Doe the Lyke in tyme comeing And anent the charge given to the saids Defenders to have compeared personallie befor the Saids Lords of privie Counsell And to have heard and Sein such order and course taken theranent as the Saids Lords Should think fitt wnder the paine of rebellione and putting of them to the horne etc As in the lybell or Letters of complaint with the executiones therof at more lenth is contained Which lybell being upon the fourth of febrwary instant called in presence of the Saids Lords of privie Counsell And the persewar Compeareing personallie with Sir Patrick Home And Mr […] Monro his advocats And The Earle of Breadalbine ane of the defenders being Laufullie cited oft tymes called and not compeareing And the rest of the defenders Compeareing personallie and Sir James Ogilvie Mr Hewgh Dallrimple and Mr William Calderwood Advocats compeareing for the haill defenders The lybell and ansuers therto being read and both pairties fullie heard The Councell does Sustaine themselvs Judge to the point of dispossessione Lybelled albeit the Same be not a recent dispossessione In respect The Earle of Breadalbine hes bein allwayes wnder trysting with the persewar Since the dispossessing him his authors and tenents And admitts the lybell to probatione And Such of the wittnesses as were then present haveing made faith The Counsell nominat a comittie for examineing them reserveing all objectiones to be made against them to be discust by the comittie And granted furder dilligence by Caption against the rest of the wittnesses Both against Such as were at Edinburgh And Such as were at Caithnes And the wittnesses which were at Edinburgh haveing upon the Sixth day of february instant Compeared and made faith The Counsell remitted them to the former Comittie to be examined Reserveing objectiones against them as afoirsaid And the Comittie haveing examined Diverse and famows wittnesses who being Solemnly Sworne deponed and declaired As ther oathes and Depositiones extant in proces beares And wpon the threttein of February instant The Counsell haveing considered the depositiones of the saids wittnesses adduced be the persewar in this process Togither with the wrytes produced be the persewar and the inventars of these wrytes with the Desyre or petition written upon the end of the said inventar The persewar referred to William Campbell one of the Defenders his oath that he as factor or by warrand and order of The Earle of Breadalbine hes uplifted the rents of the Lands lybelled Since the persewar was Dispossessed therof Wherupon the Said William Campbell haveing bein formerly cited and haveing compeared in this process was called by ane macer at the barr And also at the window of the outter Councell roome to have appeared this day And haveing faillzed to compear The saids Lords Doe heirby grant certificatione against him And ordaines macers or messengers at armes to pass to to² the mercat cross of […] And other places needfull And ther in his Majesties name and authoritie Dwely Laufullie and orderly Denunce the said William Campbell his majesties rebell And putt him to his highnes horne Escheat and inbring all his moveable goods and geir for his contempt and disobedience And the Saids Lords of his majesties privie Counsell haveing this Day againe considered the Depositiones of the wittnesses adduced in this proces And haveing heard and considered a petitione given in be The Said Earle of Breadalbine with the ansuers made therto For Doctor Skeen They find that the said Doctor Skeen persewar and his authors hes bein in possessione of the wodsett Lands of Reiss South Killminster and others lybelled therin mentioned And decernes and ordaines the Shirreff principall of the Shyre of Caithnes and his Deputes to reenter the persewar to the possessione of the said wodsett Lands foirsaids And discharges any persones whatsoever to trouble and molest him in the peaceable possessione therof ay and while the Same be legallie redenned And ordaines the tenents and possessors of the Lands wodsett to make payment and Satisfactione to the Said persewer of the maills and Dweties of the Saids Lands Since the terme of Mertimes Last bypast And yeirly and termly in tyme comeing untill the wodsett be legallie redduned And ordaines the Shirreff or his Deputes to certiorat the tenents of the saids Lands that they makeing payment of thir rents Dureing the Space foirsaid to the said persewer And to non els And Heirby gives order and warrand to Macers or messengers at armes to apprehend the persons of the above William Campbell wherever he may be apprehended untill he appear before the Saids Lords of privie Counsell and ansuer in this lybell And ordaines them to comitt him to the next prison untill he be Delivered thence by order of the Saids Lords for his appearance befor them in maner foirsaid