Edinburgh The first day of January Jaj vjc nyntie five years
D1695/1/4
D1695/1/41
Act
Act Philip Enstruther
Anent the petition given in to the Lords of their majesties privy Councill be Philip Enstruther Sone to the deceast Sir James Enstruther of Airdrie and Dame Catharin Sheen his mother and Lord Edward Murray her husband for his intrest Shewing That quher upon a Remitt from ther Lordships to the Lords of session it pleased them in the moneth of June Last to decerne and Ordaine his said mother and her husband for his intrest to delyver his persone to the Custody and keeping of Sir Philip Enstruther his Grandfather to be by him educat according to his qualitie and the intrest that he pretends to have in the said petitioner which accordingly was done and Sir Philip Granted a discharge of the forsaid Decreet But the petitioner finding that his treatment was every way very hard in that he was not put to schooll for some weeks to prosecute his learning, and that when put to schooll It was ane pitifull English Schooll, Wheras he was advanced in his latine to the third part (not to mention that his mother did allwayes keep a pedagogue to attend him) Lykas the said petitioner was very hardly keept in his Cloaths and in such a maner as in decency he is ashamed to express haveing neither wholl Cloathes nor Shoes, But left to goe almost barefoot, And So Litle Lookt to otherwayes that he was overgone with a nestines he cannot name quherupon so sone as he heard that his mother was come back from Dunkell which was about two moneths after he hade been delyvered to his Grandfather, He begged Leave to visit her but with a purpose not to have returned, yet such was his mothers and Lord Edwards care that after they hade Caused Cloath him and put him in Good conditione, They sent the petitioner back againe But the receptione he gott was that the said petitioner was severly beatten to that extreamity that the nixt day he run back and protested to his parents that he would be sooner torne in peices then to returne to Enstruther, And yet when his Grandfather sent a persone for him Lord Edward did still offer him If the said petitioner would have Condescended, And seing that his said parents who gave in this petitione in his name are ready to prove the haill premisses by witnesses and instruments, And that all ther and petitioners desyre is That he may be placed either with his uncle Hallyeards or at St Androwes with Doctor Monro provest of the old Colledge or any other discreet persone wher he can have ane liberall educatione both for his Cloathes and learning and it is only proper to their Lordships to find out a remeedy for a Case to Circumstantiat And Therfore Humbly Craveing In maner and to the effect aftermentioned as the said petition bears Which petition being read in presence of the saids Lords They allowed the above Sir Philip Enstruther the petitioners Grandfather o see and answer the same, Who accordingly having seen the same Gave in ane Counter petition be way of answer therto Which being upon the Eighteen of December last also read in presence of the saids Lords They Recommended to a Committie of ther oun number To Call for and hear both parties and endavor to bring them to name a persone of Consent to whose Custody the said Philip Enstruther may be Committed for his educatione and intertainement, Which Committie haveing mett returned ther verball report to the Councill And the saids Lords of their majesties privy Councill having this day Considered both the saids petitions with the verball report of the Committie Bearing That they had spock with both parties or their Lawiers for them, And Cannot bring them to a Setlement amicable, The saids Lords of their majesties privy Councill doe herby Appoint the said Philip Enstruther to remaine at Edinburgh or St Androw’s in the option of the said Sir2 Philip Enstruther his Grandfather, and appoints the said Sir Philip to board the said Sir Philip with ane indifferent persone in ane honest house in one or other of the saids tounes and to educat him at the high schooll of Edinburgh or humanity Class of St Androwes as best becomes his quality or may conduce for his advancement in Learning and that betwixt and the twenty day of January instant, And appoints the said Dame Katherin Skeen his mother and Lord Edward Murray her husband to deliver the said Philip to his said Grandfather to the effect forsaid And Ordaines letters of horning on six dayes warning to be direct heiron and other executiones needfull in forme as effeirs.
1. NRS, PC2/25, 130r-131r.
2. Insertion.
1. NRS, PC2/25, 130r-131r.
2. Insertion.