Decreet, 30 July 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs

D1696/7/371

Decreet

Decreit Laird of Foveraine Against Browne

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Counsell at the instance of James Browne Late servitor to the deceast Mr Alexander Forbes of Foveraine with concourse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wheras by the Law of this and all other well governed nationes the robbing and violent away takeing of any mans goods money or papers and the wrongous imprisonement of ther persones and detaineing them in privat prisones are crymes of a high nature and severely pwnishable And it being of veritie that the said James Browne Complainer haveing bein Servant to the said deceast Mr Alexander Forbes of Foveraine this Foveraines father and imployed be him for receaveing in and selling owt his victuall the Complainer Served him most honestly and faithfullie and everie moneth or five weeks he was in wse to give ane accompt of his intromissions charge and Discharge which was Signed by Foveraine And the said James Browne Complainer And Foveraine gave him a discharg of his intromissiones at everie compting And efter old Foveraignes decease the said Samwell Forbes now of Foveraine continwed the Said James Browne in the Same Service And at Mertimes Last he haveing given in a new accompt to the said Samwell Forbes of his intromissiones befor that tyme and desyred him to clear his accompts in the maner as his father was in wse to doe which he absolwtely refwsed except the said James Browne would Likewayes charge himself with Severall Soumes of money that old Foverane had receaved from the tennents And for which he had given his own recepts which was most wnreasonable and unjust Seing the Complainer could never be obleidged to charge himself with these Soumes which he did not receave bwt had bein payed by the tennents to old Foveraine And because the said Complainer could not compt for these Soumes which he had not receaved The Said Samwell Forbes Came upon the […] Day of March Last or ane or other of the dayes of the said moneth Came to the house of Foveraine wher the Complainer was Duelling for the tyme and wher he receaved and sold owt the victwall And did take from him the key of the roome wher his chist was and robbed and away took out of the said James Brownes chist all his accompts and instructiones therof and severall bonds and tickets and a considerable Soume of money and all his weareing cloaths and Left him nothing And Such was the Said Samwell Forbes his crwell malice against the said Complainer that he not resting satisfied with what he had Done in robbing him of all that he had He came upon the twentie of May therefter or one or other of the Dayes of the Said moneth to the house of Foveraine he haveing his residence at that tyme at the house of Tillery about two or thrie mylls Distance from the house of Foverane And being accompanyed with a number of armed men He at his own hand without any order of Law Seazed the said James Browne and keeped him closs prisoner in the house of Foveraine which was a privat prisone for the Space of nyn or ten dayes without allowing any persone to have access to him And Such was his barbarows crwelty that he threatned to Dragg the complainer Downe to ane vault or Dwngione and to that effect that he might the better Secure him that he could not make his escape The Said Samwell Forbes cawsed his Servants putt him in a closs bed and Drew the bed Lidds closs upon him and fixed it closs by trwnks gadds of Irion and other things that he could not gett the Lidds opened and so keeped him constantly closs from ten a cloak at night till ten hours in the next morning that he was almost Stuffed for want of Air and Detained him in the said conditione the foirsaid space of nyn or ten dayes and would not Sett him at Libertie befor he was forced to deliver him all the other money and papers he had Which was a high and manifest ryot robbery and oppressione Off which crymes the said Samwell Forbes is gwiltie actor airt or pairt And ought to be ordained to Deliver back to the said James Browne his money bonds and other papers and cloahs that were robbed and away taken as said is And to be lyable to him in the Soume of Thrie Thowsand merks for his Damnadges For which he owght to have his Inramentum in Litem As also the said Samwell Forbes ought to be otherwayes pwnished in his persone and goods to the terror of others to Doe and comitt the lyke herefter And anent the charge given to the said defender to have compeared personally befor the saids Lords of privie Counsell at ane certaine Day now bypast to have ansuered to the grounds of the above lybell or 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 said principall lybell or Letters of complaint and executiones therof at more lenth bears And Sicklyke anent the lybell or Letters of reconventione raised and perswed befor the the saids Lords of privie Counsell at the instance of the Said Samwell Forbes of Foveraine with concurse of the said Sir James Stewart his majesties advocat for his highnes interest in the mater underwrittin Makeing mentione That wheras by the Lawes and constant practicq of this and all well governed nationes the Defameing or tradwceing of our good Subjects by arraigneing them befor our highest Jwdicatories as gwiltie of crymes of robbing oppressione and wrongows imprisonement Especiallie when the said accwsatione is exhibited by a Servant against his own maister and that upon most callumniows and falls grownds of purpose to Load his maisters reputatione is a cryme of a high nature and Severely pwnishable yet trwe it is That […] Browne Servitor to the Said Samwell Forbes hes at his own hand or by whose instigatione he knows best himself Adventure to exhibite a complaint to our privie Counsell against the said Samwell Forbes arraigneing him the said Samwell of the Saids crymes of robberie oppressione and detaineing of him the said […] Brown in private caire whill as the Shaddow or collour that the said […] Browne had efter for soe doeing And which be the said Foveraine repeated by way of Defense against the said accwsatione was that said […] Browne haveing bein in a very mean and Low condition when he entered into the complainers fathers Service He did in Less then thrie yeirs tyme Look out with a biggnes above the rest of his fellow servants that seemed to be somewhat inconsistent with the fidelitie of a man of his trwst as ane uplifter of a Small pairt of the rents of ane infirm old gentlemans estate For which he had but a moderat fie abowt Fourtie punds yeirly without any other caswalitie or soe much as any other imaginable fond wherupon to have adventured upon Such bargains and blockings as he caryed on to his own behoove So that all the grounds of presumptione in the world lay against the Defender that he medled too farr with his maisters money Especiallie considering that his way of compting in his Late maisters tyme was by frameing his own charge als well as his discharge All which when the complainer was Succeeding to his father had efter eight or ten moneths examinatione of maters found owt and had conjoyned therwith that the said Browne not only on the Complainers fathers lyfetyme was trapped2 by ane imbazlement of malt and meall But likewayes Did imbazle severall things Lately owt of the Complainers house the Complainer Did abowt Mertimes Last requyre the said […] Browne Defender to cleare his compts And he haveing Shifted the Same till March therefter that the complainers Jealouzie was increassed to Swch a degrie that in presence of Forbes of Craigie who was accedentallie at the house of Foeraine the Complainer Did expostulat with the defender anent the grownds of Jealowzie that he had of him wherupon the Defender thinking to brawll the Complainer owt of it Did with a confidence extracted nary in presence of the said other Gentleman boast of his integritie professing that his chists and all his keepings Should be presontly Searched for his own exoneratione And haveing opened his chist himself with a murmuering that nothing wnhausen Should be fixed upon him the Complainer at the first inspectione Did indeed beleeve that nothing of conseqwence Should appear till by a more narrow Searching Something is fownd in the end of the chist that resembled a case of Secrete Shotles which nevertheles the said Defender with the greatest confidence Denyed till atlenth the way of comeing to the said Secrete Shotles being fownd out the Complainer Did find therin two baggs of money with Severall bonds and tickets in the name of the Complainers father besydes bonds and others in the Defenders own name which in all would have amownted to more then Ane Hundereth pund Sterleing 3 attour Some peices of Gold and upon which Discoverie the defender became soe confounded and astonished that the complainer Did exceedingly Compassionat him professing his readienes to comply with any handsome method that might Cover the Defender his disgrace And haveing marked all the accompts and Sealled up the money and bonds that were in the Complainers fathers name which bond and money lyes to this hour Sealled and the Severall depositat in the hands of the said Forbes of Craigie Lykeas upon the defender his Seemeing remorse and begging the Complainer to take all that was fownd to himself so as to conceall the fault And furder praying that the Complainer would grant him ane discharge beareing ane acknowledgement of full Satisfactione that upon Sight of it the Defenders fellow Servants ther Jealouzie of him might be removed The Complainer was therupon so farr prevailled with that tho he gave no discharge yet he Suffered the defender to convince in his Service with the Same trwst of his girnalls for selling his meall as formerly till he of new againe finds owt the defenders tamperance and ill practises in that great complaints were made in May Last not only by multitudes of hwngrie Starveing people and others That no meall could be gott from the keeper of Foverans Girnell But Likewayes the Complainers own domestick Servants complained of want tho the girnells were not half emptied And when the complainer enqwyred into this mater the defender did with so much arrogant wntoward Lienes refwsed to give any kind of Satisfaction or State accompts or yet Lett the complainer be maister of the keyes of his own girnells That the Complainer had all the reasone in the world to Suspect the defender had designe to break up with him with the full hand and make his escape for preventing of which and because the defender was the complainers very Domestick Servant he resolved not to allou him furder access to his girnells or any imployment without Doors untill the keyes of the girnells Should be delivered up by him that it might appeare how much of the meall remained wnsold and what accompt the defender could make of the price he gott for what was sold and in persewance of this and in respect that the defender had Jwst then made ane attempt to rwn for it till by the help of two men on horse back he was brought back The Complainer comands his other Servants not to Lett the defender owt of Doors till accompt Should be made as said is wherthrow the defender was no furder restrained from his ordinary Libertie but that one of his fellow servants attended him when his occasiones obleidged him to goe abroad And did actwally Lye with him in the Same bed wher he was allwayes wont to ly for fear of makeing his escape till accompts Should be cleared as said is And near a weeks tyme haveing bein consumed efter this fashion the defender by the expostwlations of his own father and Severall others who condemned him exceedingly for his ill practises is atlenth prevailled with to deliver up the key of the girnell and to depositat it in the hands of […] what readie money he pretended to have made by the saile of the meall wherupon the complainer in hopes of the defenders compting and reckning with him in a faire way Did againe dispense with this new trick Efter these and by whose instigatione the Complainer knowes not But instead of any fair compting the defender to add to his former wrongs done his maister takes the Libertie now to arraigne him befor our Saids Lords of privie Counsell at the deepest and blackest of criminalls By all which it is manifest that the said defender is most callwmmows and maliciows in raiseing and prosecuteing of Swch a complaint besydes that the said defender is otherwayes gwiltie of manifest acts of falshood and imbazlement In so farr as it can be proven That primo how soon his said Late maister was bwried He pretended to have Lost the Keyes of the victwall house and ther ariseing a Jealousie against him of Soume designe to become therby frie from giveing accompt of the meall as not haveing bein allwayes keeper of the keyes which he had throwen away himself for preventing of which designe it was fownd necessar to blow up the victwall house door and to putt a new Lock theron And he thws finding a disapointment of Swch a false and Sinistrwows designe did ten dayes efterwards reprodwce the keyes Secundo the said Browne defender mad wse of false measoures in so farr as he receaved in from the tenents uith a large measure and sold out with a Lesser and contrived the meall Strialled So as to Deceave both tenents and bwyers Tertio The said Browne did receave his maisters meall and mized it with meall which he called his own So as that it Should be Still wncertaine whose meall he was Selling Qwarto he refwsed to give any recepts to the tenents upon the delivering of ther farmes but keeped the Same without allowing them any instruction of ther payments made therby to keepe all in confwsione betuixt ther maister and them Qwinto he the said Browne defender Did most falsely and treacherowsely Steall and away take thrie Swites of apparrell two cloaks with Severall other peices of weareing cloaths to the value of twentie pund Sterleing and upward which then belonged to the complainer and wrongouselie turne the Samen to his own wse and profite by selling some of them in the countrie and cheapeing and cutting others for his own weareing But all this without the Complainers knouledge and to his great reproach and discontentment when he heard and discovered the Same Sexto the said Browne as he had thus imbazled and Stollen the meall and the cloathes so he Likewayes resolvency to make a most wndwe profite with therto he refwsed to give any accompt of what he had receaved and intrometted with But detained and yet Deteins the Same And particularly the money receaved from Alexander Johnstowne John Hay William Cassey and Severall others of the Complainers tenents Notwithstanding that the complainer offered to remit the Justice and eqwitie of the charge to the defenders father brother or any freind he could name All which he most wrongowselie delcyned pretending he was not lyable to compt to the said complainer for his intromissione in the complainers fathers tyme And altho his father could have charged him with the recepts of money given to the tenents yet the Complainer could not thinking perhapps (as many mistaken men doe) that the case of Death was like a broken Shipp wher every one might take and keep whatever he could By which not compting the complainers Loss is upwards of two Hundereth punds Sterleing Septimo the said Browne pretending in some measure to alleviat these gwilts Did importwne the complainer to take veiw and inspectione of his chist which being yeilded to upon a narrow Search and not mwch difficultie ther was fownd to be false bottoms and Secreite Shotles in the said chist And under the false bottomes ther was fownd ane considerable Soume of money pairt Silver pairt gold with Some papers which he violently tore whill the Search was goeing on As also ther was fownd Severall bonds and tickets Some in the name of the Complainers father and Some in the name of the defender to a conisderable valwe All which the said defender offered to the complainer for a discharge of his bygone intromissiones confessing his former imbazlements and falsehood Octavo Swch was the defenders insolence that he abstracted and caried away the keyes of the victwall house and girnell with all the money gotten for the meall sold and all the accompts of the meall sold in trwst And altho ther came Soume Hundereds of hungrie Starved people every day to the victwall house to receave meall to ther poor familie yet he could never be prevailled with to give them any in ther so great Strait nor could he be indwced to tell what he had Done with the keyes so that the complainer finding it wnsafe to enter into his own victwall house wher ther was so great alongest and Delivered the meall off his hand was necessitat to sett a gwaird on his victwall house Door in the night tyme least the accomplices of the defender might have come and Steall the meall away Secretely And the complainer was Likewayes necessitat to call in for Some meall from his tenents for the necessar wse of his own family and Supplieing the poor cowntrie people who had come to bwy the Same wherthrow and it being fownd that the Said Browne hes defamatione ane complaint afoirsaid against the said Complainer is growndles and that he is gwiltie of the acts of imbazlement and infidelitie in his trwst afoirsaid He owght and Should not only be Decerned in the Soume of Two hundered and twentie pund Sterleing afoirsaid to the complainer and fyned in what further the Lords of our privie Counsell Shall think fitt But Likewayes ought to be pwnished in his persone to the terror of Such like Servants to adventure upon Such practises for the future And Anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now bypast 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 rebellion etc As the said lybell of reconventione and executiones therof at more lenth bears Which principall lybell and lybell of reconventione being upon the Sixtein day of Jullie instant both called in presence of the saids Lords of privie Counsell and both pairties Compeareing personallie And Sir Patrick Home and Mr Francis Grant compeareing as Advocats for the said James Browne And Mr David Forbes and Mr John Mowat Compareing as Advocats for the Said Samwell Forbes of Foverane The principall lybell and ansuers therto with the lybell of reconventione being all read and both pairties and ther respective Lawiers fullie heard The saids Lords admitted both lybells to the respective pairties ther probatione Reserveing the relevancy to be advysed with the probatione The wittnesses cited and compeareing or not compeareing as marked in the roll and the wittnesses compeareing haveing made faith at the barr The saids Lords of privie Counsell nominated and appointed a Comittie of ther own number for examineing of these wittnesses And reserved all objectiones to be made against these wittnesses to be proponed and discussed befor the said Comittie and assigned to them a Day for meeting and examineing the Saids wittnesses And the Comittie haveing accordingly mett and examined Diverse and Sundrie faithfull wittnesses who all Deponed and Declaired us ther oathes and Depositiones extant in process bears And the Saids Lords of his majesties privie Counsell haveing this day advysed both processes and particularly haveing considered the depositiones of the wittnesses addwced in aither of the saids processes They find the principall lybell not proven And therfore have assoillzed and heirby assoillzes the said Samwell Forbes of Foveraine defender therin from the points and articles therof And Declaires him qwite therof and frie therfrae in all tyme comeing And finds the lybell of reconventione verified and proven in severall particulars therof And have fyned and heirby fynes the said James Browne defender therin in the Soume of Six hundereth merks Scotts money and decernes and ordaines him to make payment to the said Samuell Forbes of Foveraine of the Same And in respect of his callwmmating the Laird of Foveraine his maister The Saids Lords ordains him to be caried persouer to the tollbwith of Edinburgh ther to ly Dureing the Counsells pleasure And ordains him to find Sufficient cawtione acted in the books of privie Cownsell that he Shall clear his accompts with his maister and make payment of what he Shall be found resting to his maister therby And also that he Shall lye in prisone untill he make payment of the above fyne to him And the saids Lords Doe heirby banish the said James Browne furth of the Shyre of Aberdeene and discharges him to returne therto wnder the paine of being banished furth of this kingdome

Att Edinburgh the threttie day of Jullie Jaj vic nyntie six yeirs

D1696/7/371

Decreet

Decreit Laird of Foveraine Against Browne

Anent the lybell or Letters of complaint raised and persewed befor the Lords of his majesties privie Counsell at the instance of James Browne Late servitor to the deceast Mr Alexander Forbes of Foveraine with concourse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wheras by the Law of this and all other well governed nationes the robbing and violent away takeing of any mans goods money or papers and the wrongous imprisonement of ther persones and detaineing them in privat prisones are crymes of a high nature and severely pwnishable And it being of veritie that the said James Browne Complainer haveing bein Servant to the said deceast Mr Alexander Forbes of Foveraine this Foveraines father and imployed be him for receaveing in and selling owt his victuall the Complainer Served him most honestly and faithfullie and everie moneth or five weeks he was in wse to give ane accompt of his intromissions charge and Discharge which was Signed by Foveraine And the said James Browne Complainer And Foveraine gave him a discharg of his intromissiones at everie compting And efter old Foveraignes decease the said Samwell Forbes now of Foveraine continwed the Said James Browne in the Same Service And at Mertimes Last he haveing given in a new accompt to the said Samwell Forbes of his intromissiones befor that tyme and desyred him to clear his accompts in the maner as his father was in wse to doe which he absolwtely refwsed except the said James Browne would Likewayes charge himself with Severall Soumes of money that old Foverane had receaved from the tennents And for which he had given his own recepts which was most wnreasonable and unjust Seing the Complainer could never be obleidged to charge himself with these Soumes which he did not receave bwt had bein payed by the tennents to old Foveraine And because the said Complainer could not compt for these Soumes which he had not receaved The Said Samwell Forbes Came upon the […] Day of March Last or ane or other of the dayes of the said moneth Came to the house of Foveraine wher the Complainer was Duelling for the tyme and wher he receaved and sold owt the victwall And did take from him the key of the roome wher his chist was and robbed and away took out of the said James Brownes chist all his accompts and instructiones therof and severall bonds and tickets and a considerable Soume of money and all his weareing cloaths and Left him nothing And Such was the Said Samwell Forbes his crwell malice against the said Complainer that he not resting satisfied with what he had Done in robbing him of all that he had He came upon the twentie of May therefter or one or other of the Dayes of the Said moneth to the house of Foveraine he haveing his residence at that tyme at the house of Tillery about two or thrie mylls Distance from the house of Foverane And being accompanyed with a number of armed men He at his own hand without any order of Law Seazed the said James Browne and keeped him closs prisoner in the house of Foveraine which was a privat prisone for the Space of nyn or ten dayes without allowing any persone to have access to him And Such was his barbarows crwelty that he threatned to Dragg the complainer Downe to ane vault or Dwngione and to that effect that he might the better Secure him that he could not make his escape The Said Samwell Forbes cawsed his Servants putt him in a closs bed and Drew the bed Lidds closs upon him and fixed it closs by trwnks gadds of Irion and other things that he could not gett the Lidds opened and so keeped him constantly closs from ten a cloak at night till ten hours in the next morning that he was almost Stuffed for want of Air and Detained him in the said conditione the foirsaid space of nyn or ten dayes and would not Sett him at Libertie befor he was forced to deliver him all the other money and papers he had Which was a high and manifest ryot robbery and oppressione Off which crymes the said Samwell Forbes is gwiltie actor airt or pairt And ought to be ordained to Deliver back to the said James Browne his money bonds and other papers and cloahs that were robbed and away taken as said is And to be lyable to him in the Soume of Thrie Thowsand merks for his Damnadges For which he owght to have his Inramentum in Litem As also the said Samwell Forbes ought to be otherwayes pwnished in his persone and goods to the terror of others to Doe and comitt the lyke herefter And anent the charge given to the said defender to have compeared personally befor the saids Lords of privie Counsell at ane certaine Day now bypast to have ansuered to the grounds of the above lybell or 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 said principall lybell or Letters of complaint and executiones therof at more lenth bears And Sicklyke anent the lybell or Letters of reconventione raised and perswed befor the the saids Lords of privie Counsell at the instance of the Said Samwell Forbes of Foveraine with concurse of the said Sir James Stewart his majesties advocat for his highnes interest in the mater underwrittin Makeing mentione That wheras by the Lawes and constant practicq of this and all well governed nationes the Defameing or tradwceing of our good Subjects by arraigneing them befor our highest Jwdicatories as gwiltie of crymes of robbing oppressione and wrongows imprisonement Especiallie when the said accwsatione is exhibited by a Servant against his own maister and that upon most callumniows and falls grownds of purpose to Load his maisters reputatione is a cryme of a high nature and Severely pwnishable yet trwe it is That […] Browne Servitor to the Said Samwell Forbes hes at his own hand or by whose instigatione he knows best himself Adventure to exhibite a complaint to our privie Counsell against the said Samwell Forbes arraigneing him the said Samwell of the Saids crymes of robberie oppressione and detaineing of him the said […] Brown in private caire whill as the Shaddow or collour that the said […] Browne had efter for soe doeing And which be the said Foveraine repeated by way of Defense against the said accwsatione was that said […] Browne haveing bein in a very mean and Low condition when he entered into the complainers fathers Service He did in Less then thrie yeirs tyme Look out with a biggnes above the rest of his fellow servants that seemed to be somewhat inconsistent with the fidelitie of a man of his trwst as ane uplifter of a Small pairt of the rents of ane infirm old gentlemans estate For which he had but a moderat fie abowt Fourtie punds yeirly without any other caswalitie or soe much as any other imaginable fond wherupon to have adventured upon Such bargains and blockings as he caryed on to his own behoove So that all the grounds of presumptione in the world lay against the Defender that he medled too farr with his maisters money Especiallie considering that his way of compting in his Late maisters tyme was by frameing his own charge als well as his discharge All which when the complainer was Succeeding to his father had efter eight or ten moneths examinatione of maters found owt and had conjoyned therwith that the said Browne not only on the Complainers fathers lyfetyme was trapped2 by ane imbazlement of malt and meall But likewayes Did imbazle severall things Lately owt of the Complainers house the Complainer Did abowt Mertimes Last requyre the said […] Browne Defender to cleare his compts And he haveing Shifted the Same till March therefter that the complainers Jealouzie was increassed to Swch a degrie that in presence of Forbes of Craigie who was accedentallie at the house of Foeraine the Complainer Did expostulat with the defender anent the grownds of Jealowzie that he had of him wherupon the Defender thinking to brawll the Complainer owt of it Did with a confidence extracted nary in presence of the said other Gentleman boast of his integritie professing that his chists and all his keepings Should be presontly Searched for his own exoneratione And haveing opened his chist himself with a murmuering that nothing wnhausen Should be fixed upon him the Complainer at the first inspectione Did indeed beleeve that nothing of conseqwence Should appear till by a more narrow Searching Something is fownd in the end of the chist that resembled a case of Secrete Shotles which nevertheles the said Defender with the greatest confidence Denyed till atlenth the way of comeing to the said Secrete Shotles being fownd out the Complainer Did find therin two baggs of money with Severall bonds and tickets in the name of the Complainers father besydes bonds and others in the Defenders own name which in all would have amownted to more then Ane Hundereth pund Sterleing 3 attour Some peices of Gold and upon which Discoverie the defender became soe confounded and astonished that the complainer Did exceedingly Compassionat him professing his readienes to comply with any handsome method that might Cover the Defender his disgrace And haveing marked all the accompts and Sealled up the money and bonds that were in the Complainers fathers name which bond and money lyes to this hour Sealled and the Severall depositat in the hands of the said Forbes of Craigie Lykeas upon the defender his Seemeing remorse and begging the Complainer to take all that was fownd to himself so as to conceall the fault And furder praying that the Complainer would grant him ane discharge beareing ane acknowledgement of full Satisfactione that upon Sight of it the Defenders fellow Servants ther Jealouzie of him might be removed The Complainer was therupon so farr prevailled with that tho he gave no discharge yet he Suffered the defender to convince in his Service with the Same trwst of his girnalls for selling his meall as formerly till he of new againe finds owt the defenders tamperance and ill practises in that great complaints were made in May Last not only by multitudes of hwngrie Starveing people and others That no meall could be gott from the keeper of Foverans Girnell But Likewayes the Complainers own domestick Servants complained of want tho the girnells were not half emptied And when the complainer enqwyred into this mater the defender did with so much arrogant wntoward Lienes refwsed to give any kind of Satisfaction or State accompts or yet Lett the complainer be maister of the keyes of his own girnells That the Complainer had all the reasone in the world to Suspect the defender had designe to break up with him with the full hand and make his escape for preventing of which and because the defender was the complainers very Domestick Servant he resolved not to allou him furder access to his girnells or any imployment without Doors untill the keyes of the girnells Should be delivered up by him that it might appeare how much of the meall remained wnsold and what accompt the defender could make of the price he gott for what was sold and in persewance of this and in respect that the defender had Jwst then made ane attempt to rwn for it till by the help of two men on horse back he was brought back The Complainer comands his other Servants not to Lett the defender owt of Doors till accompt Should be made as said is wherthrow the defender was no furder restrained from his ordinary Libertie but that one of his fellow servants attended him when his occasiones obleidged him to goe abroad And did actwally Lye with him in the Same bed wher he was allwayes wont to ly for fear of makeing his escape till accompts Should be cleared as said is And near a weeks tyme haveing bein consumed efter this fashion the defender by the expostwlations of his own father and Severall others who condemned him exceedingly for his ill practises is atlenth prevailled with to deliver up the key of the girnell and to depositat it in the hands of […] what readie money he pretended to have made by the saile of the meall wherupon the complainer in hopes of the defenders compting and reckning with him in a faire way Did againe dispense with this new trick Efter these and by whose instigatione the Complainer knowes not But instead of any fair compting the defender to add to his former wrongs done his maister takes the Libertie now to arraigne him befor our Saids Lords of privie Counsell at the deepest and blackest of criminalls By all which it is manifest that the said defender is most callwmmows and maliciows in raiseing and prosecuteing of Swch a complaint besydes that the said defender is otherwayes gwiltie of manifest acts of falshood and imbazlement In so farr as it can be proven That primo how soon his said Late maister was bwried He pretended to have Lost the Keyes of the victwall house and ther ariseing a Jealousie against him of Soume designe to become therby frie from giveing accompt of the meall as not haveing bein allwayes keeper of the keyes which he had throwen away himself for preventing of which designe it was fownd necessar to blow up the victwall house door and to putt a new Lock theron And he thws finding a disapointment of Swch a false and Sinistrwows designe did ten dayes efterwards reprodwce the keyes Secundo the said Browne defender mad wse of false measoures in so farr as he receaved in from the tenents uith a large measure and sold out with a Lesser and contrived the meall Strialled So as to Deceave both tenents and bwyers Tertio The said Browne did receave his maisters meall and mized it with meall which he called his own So as that it Should be Still wncertaine whose meall he was Selling Qwarto he refwsed to give any recepts to the tenents upon the delivering of ther farmes but keeped the Same without allowing them any instruction of ther payments made therby to keepe all in confwsione betuixt ther maister and them Qwinto he the said Browne defender Did most falsely and treacherowsely Steall and away take thrie Swites of apparrell two cloaks with Severall other peices of weareing cloaths to the value of twentie pund Sterleing and upward which then belonged to the complainer and wrongouselie turne the Samen to his own wse and profite by selling some of them in the countrie and cheapeing and cutting others for his own weareing But all this without the Complainers knouledge and to his great reproach and discontentment when he heard and discovered the Same Sexto the said Browne as he had thus imbazled and Stollen the meall and the cloathes so he Likewayes resolvency to make a most wndwe profite with therto he refwsed to give any accompt of what he had receaved and intrometted with But detained and yet Deteins the Same And particularly the money receaved from Alexander Johnstowne John Hay William Cassey and Severall others of the Complainers tenents Notwithstanding that the complainer offered to remit the Justice and eqwitie of the charge to the defenders father brother or any freind he could name All which he most wrongowselie delcyned pretending he was not lyable to compt to the said complainer for his intromissione in the complainers fathers tyme And altho his father could have charged him with the recepts of money given to the tenents yet the Complainer could not thinking perhapps (as many mistaken men doe) that the case of Death was like a broken Shipp wher every one might take and keep whatever he could By which not compting the complainers Loss is upwards of two Hundereth punds Sterleing Septimo the said Browne pretending in some measure to alleviat these gwilts Did importwne the complainer to take veiw and inspectione of his chist which being yeilded to upon a narrow Search and not mwch difficultie ther was fownd to be false bottoms and Secreite Shotles in the said chist And under the false bottomes ther was fownd ane considerable Soume of money pairt Silver pairt gold with Some papers which he violently tore whill the Search was goeing on As also ther was fownd Severall bonds and tickets Some in the name of the Complainers father and Some in the name of the defender to a conisderable valwe All which the said defender offered to the complainer for a discharge of his bygone intromissiones confessing his former imbazlements and falsehood Octavo Swch was the defenders insolence that he abstracted and caried away the keyes of the victwall house and girnell with all the money gotten for the meall sold and all the accompts of the meall sold in trwst And altho ther came Soume Hundereds of hungrie Starved people every day to the victwall house to receave meall to ther poor familie yet he could never be prevailled with to give them any in ther so great Strait nor could he be indwced to tell what he had Done with the keyes so that the complainer finding it wnsafe to enter into his own victwall house wher ther was so great alongest and Delivered the meall off his hand was necessitat to sett a gwaird on his victwall house Door in the night tyme least the accomplices of the defender might have come and Steall the meall away Secretely And the complainer was Likewayes necessitat to call in for Some meall from his tenents for the necessar wse of his own family and Supplieing the poor cowntrie people who had come to bwy the Same wherthrow and it being fownd that the Said Browne hes defamatione ane complaint afoirsaid against the said Complainer is growndles and that he is gwiltie of the acts of imbazlement and infidelitie in his trwst afoirsaid He owght and Should not only be Decerned in the Soume of Two hundered and twentie pund Sterleing afoirsaid to the complainer and fyned in what further the Lords of our privie Counsell Shall think fitt But Likewayes ought to be pwnished in his persone to the terror of Such like Servants to adventure upon Such practises for the future And Anent the charge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now bypast 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 rebellion etc As the said lybell of reconventione and executiones therof at more lenth bears Which principall lybell and lybell of reconventione being upon the Sixtein day of Jullie instant both called in presence of the saids Lords of privie Counsell and both pairties Compeareing personallie And Sir Patrick Home and Mr Francis Grant compeareing as Advocats for the said James Browne And Mr David Forbes and Mr John Mowat Compareing as Advocats for the Said Samwell Forbes of Foverane The principall lybell and ansuers therto with the lybell of reconventione being all read and both pairties and ther respective Lawiers fullie heard The saids Lords admitted both lybells to the respective pairties ther probatione Reserveing the relevancy to be advysed with the probatione The wittnesses cited and compeareing or not compeareing as marked in the roll and the wittnesses compeareing haveing made faith at the barr The saids Lords of privie Counsell nominated and appointed a Comittie of ther own number for examineing of these wittnesses And reserved all objectiones to be made against these wittnesses to be proponed and discussed befor the said Comittie and assigned to them a Day for meeting and examineing the Saids wittnesses And the Comittie haveing accordingly mett and examined Diverse and Sundrie faithfull wittnesses who all Deponed and Declaired us ther oathes and Depositiones extant in process bears And the Saids Lords of his majesties privie Counsell haveing this day advysed both processes and particularly haveing considered the depositiones of the wittnesses addwced in aither of the saids processes They find the principall lybell not proven And therfore have assoillzed and heirby assoillzes the said Samwell Forbes of Foveraine defender therin from the points and articles therof And Declaires him qwite therof and frie therfrae in all tyme comeing And finds the lybell of reconventione verified and proven in severall particulars therof And have fyned and heirby fynes the said James Browne defender therin in the Soume of Six hundereth merks Scotts money and decernes and ordaines him to make payment to the said Samuell Forbes of Foveraine of the Same And in respect of his callwmmating the Laird of Foveraine his maister The Saids Lords ordains him to be caried persouer to the tollbwith of Edinburgh ther to ly Dureing the Counsells pleasure And ordains him to find Sufficient cawtione acted in the books of privie Cownsell that he Shall clear his accompts with his maister and make payment of what he Shall be found resting to his maister therby And also that he Shall lye in prisone untill he make payment of the above fyne to him And the saids Lords Doe heirby banish the said James Browne furth of the Shyre of Aberdeene and discharges him to returne therto wnder the paine of being banished furth of this kingdome

1. NRS, PC2/26, 245v-253r.

2. The word ‘that’ scored out here.

3. An illegible word scored out here.

1. NRS, PC2/26, 245v-253r.

2. The word ‘that’ scored out here.

3. An illegible word scored out here.