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Scottish Court of Session Decisions >>
William Charteris v Francis Charteris. [1700] 4 Brn 479 (25 January 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Brn040479-0921.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
William Charteris v. Francis Charteris
Date: 25 January 1700
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William Charteris gives in a bill to the Lords, representing, That Janet Inglis, his mother, being lately dead, he, after the burial, convened sundry of his friends to inspect his writs, and invited Captain Francis Charteris, his cousin, amongst the rest; and there being bonds for betwixt 3000 and 4000 merks found lying beside her, and which now belonged to him,—while Nicol Somervell, agent, was inventorying the same, and had them lying on the table, the said Captain Charteris did take them up, and, putting them in his pocket, run away with them; but being afterwards informed that he could not easily get up the money, unless he had an assignation to them from the said William, he went the next day to his chamber, and taking him abroad under pretence of restoring him his papers, he carried him to Pascal a Frenchman's house, where he had a writer ready with an assignation formed, and threatened to kill him if he did not sign it; which he, through fear, did. Against which recent oppression, he craved the Lords to repone him.
The difficulty which occurred to the Lords was, that, being a riot, it was more properly cognoscible by the Privy Council, especially neither party being members of the Session. But Captain Charteris insisted not much upon that declinature; but answered, That the boy being a simple young man, and not capable to manage his own business, the question arose, who should have the keeping of his papers and government of his affairs; and Nicol Somervel intruding himself upon him, the said Captain Charteris, being his cousin and next heir, designed nothing but to preserve him from being cheated by Nicol Somervel; and denied he had used any violence, &c.
The Lords remitted the trial of the matter of fact to the Ordinary on the Bills, to be reported to themselves, that they may determine the punishment as they see ground.
