Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Eleventh day of Augwst J^aj vi^c nyntie Six yeirs

D1696/8/5

D1696/8/5¹

Act

Act Countess of Dumferleing

Anent the petitione given in to the Lords of his majesties privie Cownsell be Jean Countess of Dumferleing Shewing That wheras the Earle of Dumfermlings estate was first Seqwestrat and then Forfaulted Wherby his Laddy and Dowgther had no Subsistance Which made her apply to the Lords of Councell and Thesaury And they by ane act dated the threttein day of Jwny J^aj vi^c nyntie thrie yeirs ordained Thomas Twrnbull ther factor to pay to her owt of the Lordshipe of Wrqwhart Fourtie chalders of victwall of the cropt J^aj vi^c nyntie two And as to the payment therof in tyme comeing The Lords appointed the Cowntess and ther said factor to condescend upon a localitie beareing Designatione of the Lands owt of which the said Fourtie chalders of victwall was to be payed In the termes of which act the petitioner gott not only payment of the cropt J^aj vi^c nyntie two But by a Stated rentall betuixt the thesaurers factor and a confident appointed by The Cowntess ther was a condescendance of the Lands And She entered in possessione of the Saids Lands of Wrqwhart for her Localitie and payment of her said aliment And efter her husbands Death She be vertue of her Contract of mariadge charter and Seasine entered to the possessione of these pairts of the Lordshipe of Fyvie which the Marqwess of Tweedale pretends no right to nor is in possessione of The whilks Lands amownt to abowt two thowsand merks a yeir so that both the Lands of Fyve and the Lands of Wrqwhart which ther Lordships was pleased to allow the petitioner for aliment Does not amownt to the Six Thowsand merks frie of publict bwrdens which She owght to have in Jointure which made ther Lordships petitioner to continwe her possessione of the saids Lands of Wrqwhart till he end of the Last winter Sessione at which tyme it pleased the Lords of Sessione to place a factor for uplifting the whole rents of the estate of Dumfermling includeing both the petitioners Jointure Lands and Localitie And the factor haveing charged the tennents of the saids Lands wherof She was in possessione And She haveing Suspended and made applicatione to the Saids Lords of Sessione that they would discharge ther factor from medleing with her enterest Nevertheles efter much trouble and expensses to her the factor was ordained to uplift the rents of the foirsaids Lands so that both ther Lordships petitioner and her doughter is debarred of a Subsistance out of her husbands fortune And it being ther Lordships constant cwstome to provide releiff for Such as are in the petitioners circumstances And therfor humbly Craveing ther Lordships to consider Sereowsely the premisses and allow the petitioner to uplift that Small pairt of her Jointure Lands which is not possest by the Marqwess of Tueedale as said is and to give warrand to the tennents and possessors therof to pay the Same to the petitioner And to give order and warrand to the tennents and possessors of the Lord Shipe of Wrqwhart to pay ther rents to the petitioner which will near make up the Six thousand merks allowed the petitioner by vertue of her contract of marriadge and what aliment besydes ther Lordships Shall Judge propper for her doughter out of any pairt of the estate of Dumfermling ther Lordships Shall think fitt As the said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione and ansuers given in therto be the Lord Pittmeddan and his Sone They heirby modifie the Soume of Six Thowsand merks Scotts of yeirlie aliment to the petitioner furth of the Lands and Lord Shipps of Wrqwhart and Fyve which belonged to and were possest by the deceast Earle of Dumfermling to be payed at two termes in the yeir be eqwall portions Beginning the first termes payment instantly as for the terme frae whittsonday Last to Mertimes next And so furth yeirly and termly in tyme comeing at whittsonday and Mertimes be way of advance The termes of payment being allwayes first come and bygone and decerns the factors appointed by the Lords of Sessione for uplifting the rents therof to make payment to the said Countess of the Same And ordains Letters of horning under the Signet of Counsell and others needfull to be direct heiron in forme as effeirs The Countess first befor extracting heirof giveing bond and finding Sufficient cawtione acted in the books of privie Counsell that She Shall refownd and pay back the said aliment to any persone who Shall have best right therto in caise it Shall be fownd that any persone have better right therto then herself.