Eodem die [13 March 1694], Post Meridiem
D1694/3/25
D1694/3/251
Act
Act The lady Monktoune
Anent the petition given in to the Lords of ther Majesties privy Councill be Hellen Ramsay relict of the deceast Mr Alexander Hay of Mounktoune advocat Shewing That the petitioner being infeft upon her Contract of mariadge in ane annuitie of Eightein Hundred merks besyde ane dwelling house and severall other Casualities To be uplifted at two termes in the year furth of the lands and estate of Monktoune, she has intented actione of poynding the ground before the shiref of Edinburgh for payment of her said annuitie since the terme of Whitsunday Jaj vjc nyntie two being the terme Imediatly preceeding the death of her husband, And albeit the petitioner has suficiently instructed the death of her husband by documents sustained by the said shireffs, as the minuts of process heirwith produced to the saids Lords doeth testifie, yet some of the tenants of the said estate being indured by one or other of the Creditors therof, Have officiously upon frivlous grounds stollen out advocation of the said cause as the samen also produced bears, and was of principall that by such straits and deficulties as they designed the petitioner should be therby brought to, To oblidge the petitioner to renunce her said Joynture for ane in adequat matter, notwithstanding the said annuitie was given in Contemplatione of ane Competent Tocher weell secured upon the estate of Abbotshall And seing the advocatione (the session being now clossed) cannot be discussed and that the petitioner and her Child haveing no other mean of subsistance neither has had so much as ane farthing of the rent of the said Estate to mantaine her thir four years by gone So that she cannot expect to be answered of any part of the said annutie to supply her and her Chyld untill the discussing the advocatione without the saids Lords according to ther accustomed equity and Charitie take course therin And Therfore Humbly Craveing the saids Lords to Consider the premisses with the petitioners conditione not Unknowen to some of the saids Lords number And In Respect therof to modifie ane aliement to her respecting bygones since the death and in time comeing untill discussing of the advocation as the saids Lords should find equall and to Ordained Archibald Ker factor appointed by the Lords of Session for the said estate who has four or five years rent therof in his hands to make payment of such ane aliement as the saids Lords should be pleased to modifie as the said petition bears The Saids Lords haveing heard the forsaid petitione with the answers made therto be the Creditors of Mountoune Read in their presence upon the Eight day of march instant and both parties being called for and the Lady Compeiring be Sir James Ogilvie her advocat And Archibald Ker factor for the Creditors Compeiring personally with Mr Hew Dalrymple ther advocat They Recommended to a Committie of their oun number to call for hear and endeavor to setle the parties and incase of deficultie to report to the Councill And the saids Lords haveing this day Considered the forsaid petition given in to them be the above Hellen Ramsay and answers made therto for Archibald Ker factor for the estate of Monktoune and the Creditors of the said estate with a verball report made by a Committie appointed in that matter They heirby Modifie the soume of ane thousand merks ane aliement to the petitioner untill discussing of the above advocatione And Decernes and Ordaines Archibald Kerr factor forsaid to make payment to her of the same at the terme of Whitsunday nixt to come, And Ordaines letters of horning on fiftein dayes and other executions needfull to pass heiron in form as effeirs
1. NRS, PC2/24, 374v-375r.
1. NRS, PC2/24, 374v-375r.