Att Edinburgh the Eleventh day of Augwst Jaj vic nyntie Six yeirs
D1696/8/4
D1696/8/41
Procedure: petition
Doctor Skeins petitione against Earle of Breadalbine refwised
Anent the petitione given in to the Lords of his majesties privie Cownsell be Doctor Alexander Skeen Shewing that the deceast Patrick Bishup of Caithnes haveing ane wodsett of certaine Lands in the Shyre of Caithnes redeimable upon payment of nyntine thowsand merks And the said Bishup and the petitioner as haveing right from him being therupon infeft and ther infeftment confirmed wnder the great Seall they did therupon enter to the possessione of the foirsaids waist2 Lands and continued in the peaceable possessione untill the year Javic and nyntie thrie at which tyme the petitioners factors and Chamberland haveing Deceast when the petitioner was here in Edinburgh William Campbell chamberland to the Earle of Broadalbine and uthers concurring with him did by force and frawd invert the petitioners possessione and force and compell his tenents to take new tacks from and pay the rents to him as chamber Land to the Earle of Broadalbine And hath ever Since intrometted with and uplifted the rents of the petitioners wodsett Lands And the petitioner haveing therupon raised a complaint befor ther Lordships he did obtaine a decreit of privie Cownsell in foro ordaining the petitioner to be instantly repossest But ther being a bill of Suspensione presented against ther Lordships said decreit And the procurators for the Earle of Broadalbine and William Campbell haveing alleadged that the petitioners wodsett right was affected with ane backtack and the irritancie of the said backtack not being declaired the said deceast Bishup his entrie to the possessione and the petitioners continwatione therof was wnwarrantable Wherupon ther Lordships were pleased to remitt the Same to be Sumarly discwst befor the Sessione It is now humbly represented to ther Lordships that the petitioners awthors right and his to the said wodsett and ther entrie to the possessione therof and continwatione of the Same is clearly legall and wnqwarrellable inswa far as Albeit the bishups wodsett Doe containe ane back tack yet the irritancey therof being clearly incurred And the deceast Biship haveing raised a declarator of the said irritancie befor the Lords of Sessione The Deceast Earle of Caithnes by a write under his own hand which is produced therwith)3 Dill allow the deceast Bishup to enter to the actwall and naturall possessione of the said wodsett Lands many yeirs befor the Earle of Breadalbine had any Shaddow of right or pretence to the Earledome of Caithnes so that the petitioners right and title of possessione being clear and inqwarrellable and cledd with more then twentie yeirs possessione the Earle of Breadalbines pretences are therby evidently redargued and convelled And therfor humbly craveing ther Lordships to consider the premisses And the sad and injust oppressione the petitioner hes mett with in this affair And therupon to recall ther Lordships Last interloquitor And to ordaine ther Lordships decreit pronunced in the petitioners favoures for repossessione to be putt to furder executione And to refwise the bill of Suspensione presented to ther Lordships for the Earle of Breadalbine and William Campbell against the Same And to ordaine the protestatione pronunced against William Campbell to be furthwith extracted As the said petitione bears The Saids Lords of his majesties privie Cownsell haveing considered the above petition and answers therto for the Earle of Breadalbine with the write mentioned therin and produced therwith They heirby refwse the desyre of the said petitione and adheres to ther former interloqwitor pronunced be them upon the threttieth day of Jullie Last
1. NRS, PC2/26, 254v-255v.
2. Insertion.
3. Closing bracket missing.
1. NRS, PC2/26, 254v-255v.
2. Insertion.
3. Closing bracket missing.