Act, 12 March 1705, Edinburgh

Edinburgh 1st February 1705

D1705/2/2

D1705/2/2¹

Act

Act in favours of the Countess of Southesque for ane aliment to the Earle

Anent the petition given in and presented to the Lords of her Majesties privie Councill By Mary Countess of Southesk, Shewing. That where their Lordships had been most justly pleased to continue with her the Custody of the Earle of Southesk her son, untill he be past pupillarity and attaine to the age of fourteen years compleat, wherby her jealousies and fears of his being suddenly Surpryzed and taken from her are removed, And seeing the Tutors of the said Earle by their act dated the sixth day of October J^aj vi^c nynty nyne years, did modifie and Ordain the Soume of Fyve thousand merks Scots yearly to be payed her for his aliment and intertainment, and that quarterly per advance, with some other Casualities mentioned in the said act, which hitherto hes been observed and payed, till about halfe a year agoe, since which tyme Mr James Martine Manadger of and Intrometter with the rents of the said Earles estate hes thought fitt to make no payments although it might have been reasonablie expected that the Earles own aliment and Intertainment should have been duly regaurded and the Soume modified for that end condignly payed, and being affraid that not only she might be made uneasie in getting payment of bygones, but also in tyme comeing, Therfore She was necessitat to make this application to their Lordships that they would be pleased to interpose their authority, And Ordaine the said Mr James Martine not only to make payment of bygones, but also to continue the Same in tyme coming as formerly appoynted by the Tutors, seeing she has no legall Compulsitor wherby to obliedge him therto, And therfor Craving to the effect aftermentioned as the said petiton bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mary Countess of Southesk, and the samen being read in their presence, The Saids Lords Doe heirby appoynt and Ordaine the soume of Two Thousand fyve Hundereth merks of aliment resting at and proceiding this present terme of Candlemess to be instantly payed up by the said Mr James Martine or any other Manager or Intrometter with the rents of the said Earles estate, whose names the pteitioner Shall give in Signed under her hand, and Continues the former modification of the saids Tutors conforme to the said act, during the tyme of the said Earle his aboad with the petitioner and have appoynted and Ordained and heirby Appoynts and Ordaines the said Mr James Martine or any other Intrometter with the said Estate whose names the petitioner Shall give in Signed under her hand as said is, To make payment to the petitioner of the forsaid soume of Fyve thousand merks of yearlie aliment for the said Earle, and that quarterly per advance during his abode as said is, Beginning the first quarters payment at the Terme of Whitsonday nixt to Come for the quarter immediatly following the said Terme and so furth quarterly therafter per advance Dureing the Earles aboad as said is, And Ordaines letters of horning under the Signet of Councill upon six dayes and others if need beis to be direct heiron in forme as effeirs.