Act, 14 March 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

Edinburgh The 14th March 1695

D1695/3/171

Act

Act Sir Alexander Purves Childrein

Anent the petitione Given in to the Lords of his Majesties privy Councill be Robert, Margrat Anna and Margory Purveses Lawfull Childrein to Sir Alexander Purves procreat betwixt him and the deceast Dame Hellen Home his spouse Shewing That quher by Contract of mariage betwixt ther said father and mother they were provyded by the deceast Sir William Purves the petitioners Grandfather to lands in lyfrent then valued at two Thousand thrie hundred merks yearly and that the said deceast Sir William Purvess in Consideratione of his Sones Leauity and prodigality Did provyde the rest of his estate to William Purves eldest sone of the said mariadge and as a farder evidence of ther said fathers weaknes he did interdict himself to Dame Marjory Fleeyming his mother John Home of Nynholls their mothers brother and Mr David Home of Crossrig one of the senators of the Collodge of Justice her uncle and Because the said Sir Alexander did Continue as he still does to mispend and waste that small estate provyded by his father of designe to be ane aliement to him his wife and the petitioner ther Childrein and did Contract debts and became a prey to every one that would take advantage of him Therfore the said deceast Dame Hellen Home ther mother and the said deceast Dame Marjory Fleeming and Mr David Home of Crossrig Did apply themselves to the saids Lords Humbly Craveing the saids Lords to allocat and sett apart such a portione of the saids rents for the aliement of their said mother and the petitioners as might secure then from their said father his exorbitant spending and for that effect to allow to their said deceast mother with the Concourse of the persones to whom their father is interdicted to appoint Chamberlands from time to time for uplifting of the said yearly rent of two Thousand thrie Hundred merks and out of the first and readiest therof to pay ther said mother and the petitioners their yearly aliement and the tennents of the said Lyfrent Lands Discharged to pay the rent to any other then ther said master for her and the petitioners use, or the Chamberland to be appointed in maner forsaid and that the terme of Candlmiss in the year Jaj vjc nyntie might be appointed for the first terme at Which the said aliement should be payed quherupon the saids Lords did authorize ther said deceast mother with Concourse and Consent of the persones to whom ther said father is interdicted to nominat and appoint a Chamberland for uplifting the maills and duties of the said Lyfrent Lands and ordained the Chamberland to be nominat to make payment to ther said deceast mother of the soume of Two Thousand merks yearly for aliementing of the familly out of which she is to provyde Cloathes and Linens for the said Sir Alexander there father and to satisfie and pay the said Chamberland his sallery as the saids Lords act dated the Eleventh day of Aprill Jaj vjc nyntie years therwith produced would testifie, And Seing the said Dame Hellen Home the petitioners another is now deceast And that the said Sir Alexander does still persist in his Riotus misspending of whatever comes in his hands and that now the rent of the saids Lands is so farr fallen that at present they doe not pay above Eightein hundred merks yearly and of the said Sir Alexander did intromitt therwith the petitioners would be redacted to the outmost extreamity of want And Therfore Humbly Craveing the saids Lords to take the premises to ther serious Consideratione and to allow the petitioners a Competent aliement out of the said Lyfrent Lands as the saids Lords Should please modifie or to authorize Mr David Home of Crossrig one of the senators of the Collodge of Justice, Sir John Home of Blackader George Home of Kimerghame Mr Alexander Home Commissar of Lauder Margaret Home Lady Nynewalls or the plurality of them surviveing and accepting to nominat and appoint a factor for uplifting of the rents of the saids Lyfrent Lands for payment of the funerall Charges of the said deceast Dame Hellen Home and to apply and bestow so much of the remeidy of the saids rents as they shall think needfull for the mantinance and aliement of the said Sir Alexander and the petitioners his Childrein in meat drink Cloathing and other necessars and if any thing yet remaine of the saids rents to be applyed or restricted as they shall think fitt for the good profitt and utillity of the familly as the said petition bears, Which being read in presence of the saids Lords upon the seventh day of march instant They Recomended to a Comittie of their oun Number to Consider the petition and former act and to Call both parties before them and to report their opinion in this matter to the Councill The Which Comittie haveing mett gave in their report, Bearing that they hade Called both the father and the Childrein and that non Compeired for the father and that Mr Alexander Home Comissar of Lauder Compeired for the Cheldrein and that the Comittie hade Considered the petition and former act of Councill mentioned therin Which Petitione and report with the former act of Councill Being This day Considered be the saids Lords They Modifie the haill rents of the haill Lands in the said Sir Alexander Purves his Contract of Mariadge provyded to him and his Lady in Lyfrent then valued to Two Thousand and thrie hundred merks and which are now much fallen for the petitioners his Childrein their aliement and the saids Sir Alexander and Authorizes Mr David Home of Crossrig one of the senators of the Collodge or Justice Sir John Home of Blackader George Home of Blackader George Home of Kimerghame Mr Alexander Home Comissar of Lauder Margaret Home Lady Nynewalls or the plurality of them To nominat a factor for uplifting the rents of the saids haill Lands as far as the samen is not uplifted be the former factor and appoints the funerall Charges of the Childreins mother to be payed out of the saids rents, and likewayes such allowance from time to time as the persones abovenominat in the petition shall think fitt to give in the said Sir Alexander for his privat spending or packet and if any thing remaine of the rent of the saids lands besides what shall be bestowed in maner forsaid The saids Lords appoints the same to be applyed and Reserved as the persones forsaid shall think fitt for the use and profitt of the familly and authorizes the persones forsaids to Call the former Chamberland to ane accompt of his intromissiones and aither uplift the same and appoint a new factor or to Continue the Old as the saids persones shall think fitt, And ordaines Letters of horning on six dayes under the signett of Councill upon production of the factory and others needfull to be direct heiron in forme as effeirs, The tennents names and particular rents payable to each of them being allwayes insert in the letters.

Edinburgh The 14th March 1695

D1695/3/171

Act

Act Sir Alexander Purves Childrein

Anent the petitione Given in to the Lords of his Majesties privy Councill be Robert, Margrat Anna and Margory Purveses Lawfull Childrein to Sir Alexander Purves procreat betwixt him and the deceast Dame Hellen Home his spouse Shewing That quher by Contract of mariage betwixt ther said father and mother they were provyded by the deceast Sir William Purves the petitioners Grandfather to lands in lyfrent then valued at two Thousand thrie hundred merks yearly and that the said deceast Sir William Purvess in Consideratione of his Sones Leauity and prodigality Did provyde the rest of his estate to William Purves eldest sone of the said mariadge and as a farder evidence of ther said fathers weaknes he did interdict himself to Dame Marjory Fleeyming his mother John Home of Nynholls their mothers brother and Mr David Home of Crossrig one of the senators of the Collodge of Justice her uncle and Because the said Sir Alexander did Continue as he still does to mispend and waste that small estate provyded by his father of designe to be ane aliement to him his wife and the petitioner ther Childrein and did Contract debts and became a prey to every one that would take advantage of him Therfore the said deceast Dame Hellen Home ther mother and the said deceast Dame Marjory Fleeming and Mr David Home of Crossrig Did apply themselves to the saids Lords Humbly Craveing the saids Lords to allocat and sett apart such a portione of the saids rents for the aliement of their said mother and the petitioners as might secure then from their said father his exorbitant spending and for that effect to allow to their said deceast mother with the Concourse of the persones to whom their father is interdicted to appoint Chamberlands from time to time for uplifting of the said yearly rent of two Thousand thrie Hundred merks and out of the first and readiest therof to pay ther said mother and the petitioners their yearly aliement and the tennents of the said Lyfrent Lands Discharged to pay the rent to any other then ther said master for her and the petitioners use, or the Chamberland to be appointed in maner forsaid and that the terme of Candlmiss in the year Jaj vjc nyntie might be appointed for the first terme at Which the said aliement should be payed quherupon the saids Lords did authorize ther said deceast mother with Concourse and Consent of the persones to whom ther said father is interdicted to nominat and appoint a Chamberland for uplifting the maills and duties of the said Lyfrent Lands and ordained the Chamberland to be nominat to make payment to ther said deceast mother of the soume of Two Thousand merks yearly for aliementing of the familly out of which she is to provyde Cloathes and Linens for the said Sir Alexander there father and to satisfie and pay the said Chamberland his sallery as the saids Lords act dated the Eleventh day of Aprill Jaj vjc nyntie years therwith produced would testifie, And Seing the said Dame Hellen Home the petitioners another is now deceast And that the said Sir Alexander does still persist in his Riotus misspending of whatever comes in his hands and that now the rent of the saids Lands is so farr fallen that at present they doe not pay above Eightein hundred merks yearly and of the said Sir Alexander did intromitt therwith the petitioners would be redacted to the outmost extreamity of want And Therfore Humbly Craveing the saids Lords to take the premises to ther serious Consideratione and to allow the petitioners a Competent aliement out of the said Lyfrent Lands as the saids Lords Should please modifie or to authorize Mr David Home of Crossrig one of the senators of the Collodge of Justice, Sir John Home of Blackader George Home of Kimerghame Mr Alexander Home Commissar of Lauder Margaret Home Lady Nynewalls or the plurality of them surviveing and accepting to nominat and appoint a factor for uplifting of the rents of the saids Lyfrent Lands for payment of the funerall Charges of the said deceast Dame Hellen Home and to apply and bestow so much of the remeidy of the saids rents as they shall think needfull for the mantinance and aliement of the said Sir Alexander and the petitioners his Childrein in meat drink Cloathing and other necessars and if any thing yet remaine of the saids rents to be applyed or restricted as they shall think fitt for the good profitt and utillity of the familly as the said petition bears, Which being read in presence of the saids Lords upon the seventh day of march instant They Recomended to a Comittie of their oun Number to Consider the petition and former act and to Call both parties before them and to report their opinion in this matter to the Councill The Which Comittie haveing mett gave in their report, Bearing that they hade Called both the father and the Childrein and that non Compeired for the father and that Mr Alexander Home Comissar of Lauder Compeired for the Cheldrein and that the Comittie hade Considered the petition and former act of Councill mentioned therin Which Petitione and report with the former act of Councill Being This day Considered be the saids Lords They Modifie the haill rents of the haill Lands in the said Sir Alexander Purves his Contract of Mariadge provyded to him and his Lady in Lyfrent then valued to Two Thousand and thrie hundred merks and which are now much fallen for the petitioners his Childrein their aliement and the saids Sir Alexander and Authorizes Mr David Home of Crossrig one of the senators of the Collodge or Justice Sir John Home of Blackader George Home of Blackader George Home of Kimerghame Mr Alexander Home Comissar of Lauder Margaret Home Lady Nynewalls or the plurality of them To nominat a factor for uplifting the rents of the saids haill Lands as far as the samen is not uplifted be the former factor and appoints the funerall Charges of the Childreins mother to be payed out of the saids rents, and likewayes such allowance from time to time as the persones abovenominat in the petition shall think fitt to give in the said Sir Alexander for his privat spending or packet and if any thing remaine of the rent of the saids lands besides what shall be bestowed in maner forsaid The saids Lords appoints the same to be applyed and Reserved as the persones forsaid shall think fitt for the use and profitt of the familly and authorizes the persones forsaids to Call the former Chamberland to ane accompt of his intromissiones and aither uplift the same and appoint a new factor or to Continue the Old as the saids persones shall think fitt, And ordaines Letters of horning on six dayes under the signett of Councill upon production of the factory and others needfull to be direct heiron in forme as effeirs, The tennents names and particular rents payable to each of them being allwayes insert in the letters.

1. NRS, PC2/25, 207r-209r.

1. NRS, PC2/25, 207r-209r.