In 1637 we find that he was obliged to appeal to his sovereign against
the urgency of his creditors, and a Letter of Protection was issued in
his favour. It ran as follows: "Letter of Protection granted by King
Charles the First, under his great seal, to Sir Thomas Urquhart of
Cromarty, from all dilligence at the instance of his creditors, for the
space of one year, thereby giving him a _persona standi in judicio_,
notwithstanding he may be at the horn, and taking him under his royal
protection during the time. Dated at St James's, 20th March, 1637."[24]
A somewhat humorous situation is suggested by this document. The
creditors might "put him to the horn," _i.e._, according to the usual
legal form, order him in the king's name to pay his debts on penalty of
being outlawed as a traitor, while the king himself authorised him to
take no notice of the proceedings.
In the same year we have intimation of the elder Sir Thomas's pecuniary
misfortunes being aggravated by domestic strife, for we find him
instructing a high legal functionary to raise an action against his
sons, Thomas and Alexander, for their unfilial conduct. The charge was
that of "putting violent hands on the persone of the said Sir Thomas
Urquhart of Cromartie, Knycht, their father, taking him captive and
prissoner, and detening him in sure firmance within ane upper chalmer,
callit the Inner Dortour, within his place of Cromertie, _tanquam in
privato carcere_, fra the Mononday to the Fryday in the efter none
therefter, committit in the moneth of December last, 1636." The case
came up for trial before the Court of Justiciary on the 19th of July,
and was postponed for a week, when it was abandoned. The Lords of
Council had appointed a commission to settle all differences between the
father and sons and on receiving their report the Court dismissed the
case.[25] We have no particulars as to the causes of disagreement which
led to such all unhappy state of affairs, but we are not likely to be
far wrong in assuming that the sons wished to prevent their father's
taking some legal step which they considered would be detrimental to his
and their interests. The affectionate terms in which our author
describes his father's character ten years after his death, in the words
above quoted, make us sure that he sincerely regretted any wrong towards
him of which he may have been guilty at this time.
Public-domain text, read in full here on John Shaqi.
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