Decreet, 29 December 1698, Edinburgh

Att Edinburgh the twentie one day of Jwny J^aj vi^c nyntie eight yeirs post meridiem

D1698/6/14

D1698/6/14¹

Judicial Proceeding

Remitt Lady Rentoune Against Sir Patrick Home

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Dam Margaret Scott relict of the deceast Sir Alexander Home of Rentoune Barronet Sir Robert Home only son and appeirand Air to the Said Sir Alexander and appeirand air to wmquhill Sir John Home of Rentowne Lord Justice Clerk his Grandfather and Elizabeth Home only doughter nearest of kin and executer to the said Sir Alexander with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing mentione That wher by the Lawes and acts of parliament of this and all other well governed nationes The molesting disturbing and oppressing any of our good Subjects Especiallie wedows and Orphanes and disqwieting them in ther duelling houses and possessiones And the violent and maisterfull intrudeing into the houses and possessiones of others and the forceable breakeing up of doors and Committing of ryotts insolencies and oppressiones and the maisterfull detaining and keeping the Same and confyneing and imprisoneing of any of our Subjects and Setting and Keeping Sentries and gwards upon them and minaceing and threatening to cast them to the doors Are crymes of a high nature and Severely pwnishable Yet nevertheless It is of veritie That Sir Patrick Home of Lwmsden Advocat who accepted of a factorie from the said deceast Sir John Home his father for the better manadgement of his estate and payment of his debts and preservatione of the familie in the Dwe descent Contrairie to his office and the trust reposed in him by the deceast Sir John Home his father for the behoove of Sir Alexander Home his eldest Son and his childrein and Dam Margaret Baird his Spouse Francis Home Son to The Laird of Wedderburne John Gisbone Servant to The Said Sir Patrick Home John Dunlope in Fleeming of Wedderburne John Idingtoune Servant to The Said Sir Patrick Home John Dunlope in Fleemingtoune Robert Clerksone nottar publict in Coldinghame Thomas Home in Fleemeingtoun Benjamine Home ther Robert Blyth and John Scott wrights in Colldinghame and John Fish in Fleemingtowne his associats and accomplices in high and manifest contempt of our authoritie Lawes and publict peace of this kingdome have Committed the foirsaids ryots Crymes and oppressiones upon and against the saids Complainers therby intending to dispossess the relict and disinherit the air In soe farr as upon the threttie first day of May Last immediatly at the removeing of Sir Alexanders Corpes from owt of his own house of Rentowne towards his interment at Coldinghame and within veiw of the house The said Dam Margaret Baird Spouse to the said Sir Patrick Francis Home Brother to The Laird of Wedderburne younger who is Sone in Law to the said Sir Patrick and John Dunlope Servitor to Wedderburne with the foirnamed persones and Severall others ther accomplices and all of them Sir Patricks dependents Servants or by his order ² and command assistance and ratihabitione And who were present and assisted at the fwneralls did without and contrairie to the desyre of the saids Complainers in prowd and manifest contempt of our Lawes and publict peace violently and maisterfullie place and plant themselvs in the dyning rowme as a gward armed with swords staffs and other weapones invasive And therefter the said Dam Margaret Baird Francis Home and John Dunlope her immediat gwaird did violently and maisterfullie enter in and possess themselvs in the best chamber of the house (wswallie called the chamber of Deice) and when some of the Ladyes freinds came from The Lady Rentoune with a desyre civillie to remove themselvs out of the rowme they answered they would not and particularly Sir Patricks Lady most reproachfullie abused the Said Complainer and her freinds calling them villans Rascalls footmen and Scandallouselie Vowing and Sweareing that She would Lett them know no bodie had right to the house But her pate (soe meaneing her husband) And She dreadfullie over and over againe Cursed and Swore with clapping of hands that She would not Stirr off her bottome haveing Setled herself upon the resting Shyre untill the pretended Lady and her bratts (soe meaning the Complainer and her childrein) were turned out of doors railling and representing the Complainer calling her a disgrace to the familie and wtherwayes abuseing her by most injwriows and approbriows Landgwadge and Voued and Swore if once her pate were come from the buriall She would Sitt and Sie the Complainer and her childrein and all that belonged to her turned downe Staires and packt to the yeatts and did call in her gwaird from the Dyneing rowme and did imite and prove them and the said Francis Home and John Dunlope her immediat gwaird to violence and outrage against the Complainer and her freinds calling them Cowards and rascalls that did not know ther dwetie (Doubles meaning the instructiones they had from Sir Patrick to turne the complainer and her childrein Downe Stairs Sir Patrick haveing contrived the Same Should be done when he was at the buriall therby to Shelter himself wnder the pretence of being ignorant of the maters of fact) And She did Likewise Sweare that She and her woemen had more courage then Sir Patrick and all his men and in Swch a raying and reproaching posture She continued untill Sir Patrick retwrned from the bwriall who brought back with him the rest of his men or associats to the number of twentie or threttie therby to compleate the disgracefull victorie over the helples poor Lady and her childrein And Sir Patrick and many of them entering the house and comeing to the said rowme wher the said Complainer her childrein were And haveing enqwyred what had past did approve of the Same and of all his Lady or her associats had done or said And the said Complainer and her freinds haveing entered in Comouneing with Sir Patrick and Earnestly intreateing him not to Discuss The Lady and her son in ther possessione nor wse any violence against her and remitt the difference to be determined by the Judge ordinar in a peaceable and Legall way The Said Sir Patrick Did peremptorly answer that he would regaird no such overtures And that unles the Complainer would instantly remove herself out of the house that he would cause turne them out for he was fullie resolved to continwe his brothers possessione of the house and ground in despite of the Complainer and all that would take her pairt And which upon a conference with the Complainer befor her freinds he peremptorly adhered to and avouedly said that he knew no interest that the Complainer or her childrein had to be thir And that if she would not peaceablie goe away he would find a way to make her goe And when the Complainer replyed that it was barbarous in him her husbands brother to treate her his relict immediatly upon his death and buriall in such ane inhumane maner and violently to rob and dispossess both her and her childrein contrair to all Lawes of God and man He gave no other answer But that he would doe as he thought fitt wherupon The Saids Complainers by John Scott wryter in Edinburgh Conforme to ane written procuratorie did Solemly and civillie requyre Sir Patrick not to disturb or molest the Complainers in the possessione of the house, and yeards To which She had right for her liferent atleast untill the marriage of the airs male Conforme to the Contract of mariadge That being inclosed within termes She had good right to possess and keeps the familie togither untill the next terme And Likewise requyred the said Sir Patrick to remove himself his Lady Servants and accomplices instantly out of the house and noe Longer to molest and disqwiet her for She had neither Lodgeing nor intertainement for Such rwde and troublesome gwests And Likewayes requyred the Said Sir Patrick to provide mentainance for her and her familie untill the first terme that She could enter to her Jointure and untill her son the appeirand air were provided of a competent aliement For the causs mentioned in the procuratorie All which Sir Patrick positively refwised makeing some Sham pretences to the contraire wherupon instruments were taken in the hands of Mr Alexander Cockburne nottar publict As the said procuratorie and instrument prodwced hes testified Notwithstanding of all which Sir Patrick did immediatly order the saids Robert Blyth and Robert Scott wrights in Coldinghame violently befor the Complainers face and in contempt of her desyre with hammers and axes to breake Downe ane table which had bein putt up that morneing in the Chamber of Dyce to accomodat the nobilitie and Gentrie that were to come to the bwriall and efter the wrights hade caried the materialls of the table owt of Doors and that Sir Patrick his Lady and all persones had removed furth therof to the Dyneing towme The Lady who had the key of the Door In vertue and exercise of her right and possessione Did Lock the Door Wherupon Sir Patrick Demanded the key from her threatening that if she would not deliver it to him he would make the Kings Keyes and brake open the Doors in despite of her and all that would take her pairt And efter Some discourse and conference The Lady goeing towards her own chamber Sir Patrick did violently goe to the door betwixt her and it and Stopped her from goeing in avowedly affirmeing and declaireing She Should not goe in wnles he³ went in with her wherby the saids Complainers and Margaret Scott Sister in Law to the Said Complainer and other freinds were necessitat to stay in the footmens roome and in this sad posture was the poor Lady and her childrein keeped without soe much as to releeve the necessities of nature from their untill near nyn of the cloak at night And therefter Sir Patrick and his pairtie did of new wnder Silence of night resume ther former insolences And Did violently and maisterfullie Cause the saids wrights with hammers axes and Chissells breake open the said Chamber Door and possesst themselvs in the said roume and haveing provided themselvs with bedcloathes Did ly all night in the roume and did keep ane gwaird in the Dyneing rowme and in the office houses about the house and he and his Lady and his associats Does not only continwe ther violence and maisterfull possessione in the said Chamber and Dyneing roume But hes alsoe Selted the key of the principall entrie or turnpyke and neidnailled and Barakaded the ward rope Doors and most of the roumes in the house Leaveing nothing to the Complainer her childrein and freinds But her own bedroume and ane other Litle roume wher She and they are forced and constrained to stay and remaine prisoners and particularly the Complainer in a most disconsolat and oppressed Conditione Not Dareing to Sturr out of the Litle rowme Least Sir Patrick and his associats aither Dragg her Downe Staires per force or Lock and close up her Doors By all which the said Sir Patrick Home and other persons above named his associats and his accomplices are gwiltie airt and pairt of the foirsaids crymes ryotts and oppressiones and ought and Should be examplarly pwnished in ther persones and goods to the terror of others to Committ the lyke in tyme comeing And the said Sir Patrick Home ought to be decerned to desist and cease from all furder troubleing or molesting the saids Complainers in the peaceable possessione of the said mansione house and to remove himself his Lady Servants and accomplices therfrom To the effect the saids Complainers may the more peaceably possess and injoy the samen as fullie as the said deceased Sir Alexander injoyed the same befor and at his decease And to make payment to the saids Complainers of the Soume of Ane Thowsand punds Scotts money to the said Lady Rentoune Complainers As the damnadge Sustained by them in maner foirsaid And Suck lyke to make payment to the said Lady Rentowne Complainer of The Soume of Two Thowsand merks money foirsaid for mentainance of her self and familie untill the terme of Mertimes next being the first terme efter the husbands decease that she enter to her Jointure and Liferent provisione And anent the chairge given to the saids defenders to have compeared personallie befor the saids Lords of his majesties privie Cownsell at ane certaine Day now bypast to have answered to the grounds of the above complaint and to have heard and seen Swch order and course taken theranent As the saids Lords Should think fitt wnder the paine of rebellion etc As in the principall Lybell or Letters of complaint with the executiones therof at more Lenth is contained And Sicklyke anent the other Lybell or Letters of reconventione raised and persewed befor the saids Lords of his majesties privie Counsell at the instance of Sir Patrick Home of Rentoune Advocat with concurse of Sir James Stewart his majesties advocat for his highenes interest in the mater wnderwritten Makeing Mentione That wheras by the Law of this and all other well governed nationes and the custome of all civill and christean people persones on death bed are complyed with cherished comforted and not disturbed and disqwieted and upon ther removeall by death ther corpes are removed by civill maner and ther freinds intertained in qwiet and the heretor and proprietar wher the defunct dues being a liferenter by the constant practice enters and continwes the Liferenters possessione and the liferenters wife familie and servants goods and gear removed from the house and the proprietar and fiar Continwes and brwkes the possessione and the violent seaseing upon or by indirect methods obtaining possessione and the wnjust Detaining of any mans house Are crymes of ane high nature and severely pwnishable Yet trwe it is that in manifest contempt of these Lawes and in oppositione to the peace and qwiet of the said Sir Alexander Home the Sick persone and the decency of Christean buriall Dam Margaret Scott relict of the deceast Sir Alexander Home of Rentowne (and Robert Home her Sone) who did Seperat from Sir Alexander her husband eight or nyn yeirs Since and Lived Speratly by herself here Just haveing come to the house of Rentowne ther or four dayes befor Sir Alexanders decease and he haveing gotten notice of it when on death bed being willing to forgett the injuries and provationes he had receaved from her which occasioned the Separatione he calls for her and forgave her and when he had soe Done ordering her to remove from his house telling these that interceided for her that her behaviour was Swch that he could not keep her in his house She being capable by her nature to provock him aither to doe violence to her or himself and yet without his knouledge or allowance She privutly Lurks in some part of the house And though Sir Alexander had called for Dam Margaret Baird his brother Sir Patricks Lady to attend upon him in his sicknes and to have a care of his bodie when Dead and to sie him bwried and to preserve her husbands possessione Sir Patrick not being then come from England and She accordingly came to the house of Rentoun and Lodgeing in the chamber of the hall called the Chamber of Dice And Did not complaine to her brother Sir Alexander that the said Dam Margaret Scott notwithstanding of his dischargeing her of his house continwe therin Yet the said Dam Margaret Scott being Litle concerned with her husbands Death and haveing no regaird to his memorie She immediatly upon the removeall of the corpes when they were Scarce out of at the gate being accompanyed with Some of her accomplices and Servants Comes to the roume wher Sir Patricks Lady was and offers to twrne her violently out of Doors and when She did refwise to goe out She did abuse Sir Patricks Lady with most approbriows Langwadge and threattens to Lock the Door upon her if she would not come out of purpose to frighten her out of the house And when they Saw that would not doe the said Dam Margaret Scott Sends in all haist and calls back Mr John Frank advocat and others her accomplices befor they hade gone half way with the buriall of Designe no Doubt to have turned Sir Patrick Lady violently out of the Doors and makers a great daill of Stirr noise and violence which continued till the corpes were interred and certainly would have turned Sir Patricks Lady owt of Doors if they had not bein hindered by Some of Sir Patricks freinds and Servants that were in the house And Sir Patrick with Some gentlemen with him haveing retwrned from the buriall swch was the said Dam Margaret Scotts violence and forgettfullnes of her deceast hwsband and influence of her deceast husband and insolence upon his removeall that She could not rest satisfied wnles Sir Patrick the proprietar of the estate and his Lady were the very night of the buriall removed from the house wher his Lady had Stayed Dureing Sir Alexanders Sicknes And Likewise Sir Patrick Home who came home a Litle befor Sir Alexanders Death and ther being a Lairge table of Louse Daills putt up in the Said rowme Wher the said Sir Patrick and his Lady Lodged for accomodating the Gentlemen at Diner that came to the bwriall Sir Patrick caused take Downe that table and he and his Lady have come out of the rowme befor it was Swept to the haill The Said Dam Margaret Scott clandestinly Locks the Doors of Designe to obleidge Sir Patrick and his Lady to Leave the house haveing no place to lye in The Said Dam Margaret Scott by conniveance of Some of the Servants haveing gotten the keyes of the rest of the rowmes when Sir Patrick was at the buriall and Locked them soe that he had not access to any rowme But the hall And it being Late at night and Sir Patrick haveing no accommodatione in the hall he verie discreitly desyred The Lady to give him the key of that roume being the roume that he and his Lady had constantly made wse of before She absolutely refwised to delyver the Samen as appears by ane instrument upon which Sir Patrick ordered one of his Servants to try to gett the Door open which the Servant did by Shutting of the Lock and Such was the said Dam Margaret Scotts malice that she caused take away and Lock wp the bed that Stood in that roume and would not allow Sir Patrick the wse of it So that he was necessitat to send for a bed from ane other towne Late at night to accommodat him and his Lady And all this the said Dam Margaret Scott did albeit She be not infeft in the house And that the Said Sir Alexander Home was fullie denuded by expyred adjudicationes and ane dispositione granted be him in favoures of Sir Patrick wherupon he is publictly infeft and in possessione of the whole estate by himself and the said Sir Alexander Home Conforme to his reserved Liferent in his favoures by the said Dispositione By all which the said Dam Margaret Scott is guiltie of a manifest ryot and violence and disobedience to her husbands Comands in continweing in the house when forbidden and dischairged by her husband in disturbeing the Company at the bwriall and by indirect methods Seaseing upon and intrwdeing herself in the other rowmes of the house And therfor She and the said Robert Home her son ought not only to be Decerned to remove themselvs ther family and Servants from the said house togither But also ought to be otherwayes pwnished in ther persones and goods to the terror And example of others to Committ the Like thereafter And Anent the chairge given to the saids defenders to have Compeared personallie befor the saids Lords of his Majesties privie Counsell at ane certaine Day now bypast to have ansuered to the grounds of the above complaint and to have heard and sein swch order and course taken theranent as the saids Lords Should think fitt wnder the paine of rebellione etc As in the said other Lybell or Letters of reconventione with the executiones therof at more Length is contained Which two Letters or Lybells being both this day called in presence of the saids Lords of his majesties privie Counsell And the said Lady Rentoune and her sone two of the persewars in the principall cause who are also Defenders in the reconventione Compeareing personallie and the said Elizabeth Home the third persewar of the principall cause being Laufullie vited oft tymes and not compeareing and Mr David Dallrumple Mr George Alexander and Mr John Frank Compeareing as Advocats for the saids persewars who are defenders in the reconventione And the said Sir Patrick Home ane of the defenders who is also persewar in the reconventione and the haill remanent other defenders Except Sir Patrick Homes Lady Compeareing personallie with Sir David Thores Mr David Cuninghame and Mr John Belshes ther Advocats and the said⁴ Sir Patrick Homes his Lady beign Laufullie cited oft tymes called and not Compeareing The principall Lybell and answers therto The lybell of reconventione and ansuers therto being all read and both pairties Lawwers fully heard The saids Lords of his majesties privie Counsell haveing considered both lybells and answers made therto with the wrytes prodwced for aither pairtie They heirby Remit both the principall lybell and Lybell of Reconventione particularlie as to the point of the momentary possessione to The Lords of Counsell and Sessione to be Summarly proceeded in and discust by ther Lordships in the Efternoon without abideing the ordinary course of the roll