Att Edinburgh the 30 July 1702
D1702/7/30
D1702/7/301
Decreet
Decreet The Viscountes of Frendraught against James Crightoune
Anent the lybell or letters of Complaint raised and persued before the Lords of her Majesties privie Counsell, att the instance of Dam Christian Urquhart Viscountes dowager of Frendraught and Theodore Morison of Bogny her son with concurse of Sir James Stewart her Majesties advocat for her highnes interest in the matter under wryten makeing mention that where by the lawes and acts of parliament of this ancient kingdom, and all other weell governed nations, the Intrudeing into and violently possessing of ane other mans lands, right of property and possessing and laboureing the samen with out any right title or Tollerance So to doe and declaireing the righteus propriators and owners thereof, from possessing the same as also the threatning and minaceing of her majesties good and peaceable Subjects to be reave them of ther lives and doe them a mischeife and beating wounding or blooding them and ther Servants while in the legall execution of ther masters Commands the Convocateing of her majesties Leidges without her Royall authority deforceing of messengers and ther parties while in the execution of her majesties lawes be all Crymes of a heinous nature and Severely punishable, Nevertheles It is of verity that James Crichtoun Son to umquhill George Chrichtoun, of Auchingoull Francis Crichton his brother Lues Crichtoun of Conland Mrs Magdelen Crichtoun his Cousin german Patrick Winchester John Auchinleck, James Webster John Wintoun and Wiliam Spens Servants, to the said James Crichtoun and James Smith gardner att Frendraught Shakeing off all fear of God and reguard to her majesties lawes and haveing Conceived a deedly prejudice and malline against the saids persewer, without any Just Cause or occasion did in the months of […] Jaj vijc and one years or upon on or other of the dayes of one or other of the moneths of the said year, without any order of law, right or title Intrude and possess themselves, of the house and mains of Frendraught, belonging in propertie to the said Viscountes dowager, in liferent and her said Sone in fie Conform to ther rights and Infeftments of the Samen and decreit of reconvention obtained att the persewers instance, against the former possessors, thereof produced, and not only violently labour occupy and possess the Same and wplift the maiss and duities extending to Six hundred merks yearly, but also when the Saids persewers Caused execute a Summonds of Removell against the said James Crichtoun, he and the said Francis Crichtoun his brother threatned and offered violence to messenger, or officer, and if not restrained by Captain Thomas Seaton, who was accedentally present they had Certainly wounded him or killed him outright, And not yet Satisfied, with this Intrusion upon the persewers property and threatning and minaceing ther Servants, the persons Complained wpon ane other of them openly and avouedly threatned, to be revenged wpon the said Theodore Morison one of the persewers through but a young youth att Schooll not above Sixteen or Seventeen years of age, And who never did or thought wpon any Injury or the least offence against them, and in many Companies threaten to berave him of his life and Shutt him through the head before they leave the Countrey And further the persewers haveing used but remedy against the persons Complained wpon ther malice Cruelty and illegall practices, that the law allowed by raiseing Letters of Lauburrous before the Lands Lords and therewpon Charged them, to find Sufficient Caution for ther peaceable behavior and they haveing failzied to give obedience denunced them her majesties Rebells and raised Caption therewpon they did Imploy George Bruce messenger to putt the Same in execution but the persons above Complained wpon were so farr from giveing obedience, thereto, that wpon the twenty Sixth day of november last or ane or other of the said dayes of the said moneth, after the said James Crichton was wounded by the messenger, by vertue of the said Caption he Imediatly Conveened a number of men armed with Gunns Swords Durks pistolls, and other Invasive weapons, and did beat bruise and wound the messenger and his partie and took a sword from one of them, and the said James Crichtoun her majesties Rebell threw the messenger to the ground, and made his Escape and gott into the house of Frendraught and he and his partie find Severall Shott out of the windowes, thereof att the messenger, and his partie which forced them to retire for fear of ther lives wherewpon the said Robert Bruce messenger broke his wand of peace before famous witnesses and declaired he had mett with a most violent deforcement, moreover the persones above Complained wpon persisteing in ther Said wicked and illegall practices, after that the said Viscountes had Sett Severall tacks, to the Subtenants of the said mains of Frendraught And verbally agreed with others for the rents of ther severall possessions the said James Crichtoun, with the other persons above Complained wpon forced the saids tenants, to pay ther saids rents, to him, and threatned, to wound and beat them if they Should offer to doe otherwayes, wherethrough the persons above Complained wpon, or ane or other of them are all guilty airt and parte of the Crymes above Complained wpon And therefore ought and Should not only be decerned and ordained by decreit of the lords of privie Councell to make payment to the said Viscountes dowager of Frendraught and her Sone of the Soume of Six hundred merks yearly for these three years bypast, And to flitt and remove themselves, and ther accomplices ther goods and gear furth and from the said house and mains, of Frendraught belonging, to the persewers in property, and to leave the Samen, patent to the effect the saids persewers, may enter thereto, and by themselves mentenants and Servants goods and gear may labour occupie and possess, the Same in tymecomeing, but also the fornamed persons above Complained wpon ought and Should be Severely punished in ther persons goods and gear to the example and terror of others to Committ the like in tymecomeing, And anent the Charge given to the forenamed persons defenders to have Compeared personally before the saids Lords of privie Counsell att ane Certain day past, to answer to the poynts of the above Complaint and to have heard and Seen Such order and Course taken thereanent as the saids Lords Shall think Just under the pain of Rebellion and putting of them to our horn with Certification As in the said principall lybell or letters of Complaint raised in the said matter with the executions therof Att more length is Contained The said Lybell being wpon the Sixteen of July instant Called in presence of the saids Lords, and the said Viscountes and her Said sone and others within named against James Crichtoun Son to umquhill George Crichtoun of Auchingaill Francis Crichtoun his brother Mrs Magdelen Crichtoun his 2 Cousin german, Patrick Winchester James Auchinleck James Webster James Wintoun and William Spence Servitors to the Said James Crichtoun and James Smith Gardiner att Frendraught and the said Viscountes and her said Sone Compeareing personally att the barr with Sir James Stewart her majesties advocat Mr John Ferguson Mr Francis Grant ther advocats and the said And the said James Crichtoun and Mrs Margaret Crichton his Cousine German (all the rest of the defenders being absent Compeareing also personally att the barr with Mr David Forbes Mr Alexander Abercrombie ther advocats, and the lybell with the answers therto being fully read in presence of the saids lords, of privie Councell and both parties procurators being fully heard att the batt and the wittnesses as marked in this roll haveing Compeared att the barr and made faith the Saids Lords nominated and appoynted a Comity of ther own number to examine the Saids witnesses and reserved all objections which might be made against the Saids witnesses to be proponed and discussed before the said Comity which Committy haveing accordingly mett they took the oaths and depositions of diverse and Sundry famous witnesses, aduced for proveing the lybell who being all Solemnly Sworn Interrogat and examined in the Said matter wpon ther great oaths and depositions extent in proces bears, Thereafter wpon the twenty eight instant the Saids Lords recommended to the Said Commity to mett and Indeavour to Setle and agree the Saids parties, Continued ther quorum as formerly and to make ther report to the Councell against ther nixt meeting Which Committy never haveing mett And the Saids Lords haveing this day advysed the proces att the instance of Dean Christian Urquhart Viscountes Dowager of Frendraught And Theodore Morison, of Bognie her Son against James Crichtoun and the other defenders above named And the saids Lords haveing heard and Considered the depositions of the witnesses aduced in the said proces and also haveing Considered the said lybell, and haill Steps of the said proces, and Informations for both partes in the said matter, being fully read The saids Lords decerned and ordaines and hereby decerns and ordains, the saids James Crichtoun and the haill other defenders, Contained in the said lybell to Code and quite, the possession of the house and mains of Frendraught, and to flit and remove themselves there wifes etc there from, and to leave the samen void and ridd that the said persewer, and her said son may have free access thereto without trouble or molestaition And have ordained and hereby ordains the Shereff of the Shyre of the bounds to putt the said Dam Christian Urquhart and her said Son in the peaceable possession thereof, and to keep and maintain them therein and ordains letters of horning on fifteen dayes, and other3 executorialls needfull to be direct hereupon.
1. NRS, PC2/28, 205r-207r.
2. The word ‘brother’ scored out here.
3. One illegible word scored out here.
1. NRS, PC2/28, 205r-207r.
2. The word ‘brother’ scored out here.
3. One illegible word scored out here.