Act, 15 July 1701, Edinburgh

Procedure, 30 December 1701, Edinburgh

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/141

Act

Act the Lady Elchicheills for ane aliment

Anent The petitione Given and presented to the Lord high Chancellor and Lords of his majesties privie councill Be Sophia Johnstoune relict of the deacest John Johnstoune of Elshasheells and nou spouse to Thomas Barklay late of Hiltoune sheueth That uherby Contract of marraige of the petitionares first husband the petitionar as provyeded2 to and secund in ane anualrent of Five hundred merks out of the first and readiest rents of Eshkie and Shaw Extending to one thousand merks yearly and the petitioners present husband haveing also secured the petitionar in ane competent provision out of his estate he hath pairtly through his imprudence pairtly through his Intemperance3 hes rendred all thir provisiones Elusory in favoures of the petitionar out of prejudice against the petitionar for opposeing his desolut courses and so pairtly by true debts, pairtly by simulate debts and our Creditors collusione uith the petitioners first husbands heir and tenents in the petitionars Lyferent Lands And the petitioner could not recover ane fardine therof for her oun and Childrens sustentione whery the petitioner is brought to such a sterveing Conditione as oblidges her to have recourse to the Lords of his majesties privie councill uho are The sanctuary of the poor when they are distressed And defrauded so farr to Relive them as to seale ane aliment upon them out of their oun meanes whrin none can by prejudged, But only the poor and oppressed Enjoy the benefite of your Lordships patrocie And protectione Especially in this caice wher the petitioner is brought to such extream povertie that as the petitioner hath no meanes to pursue for ane aliement so the petitioner and her Children Their sterveing Conditione hath no hath no patience to uait the event of a teadious process Qua ventur non patitur moras And therfor Craveing that it might please the saids Lords of Councill and Sessione In contemptatione of the premisses out of compassione to the petitioner and her children ther distress and sterveing conditione to modifie ane Aliment of Four hundreth merks out of the petitioners oun Lyferent lands to be payed to the petitioner be Alexander Johnstoune of Elshasheells Heir and sone to the petitioners first husband and his tenents of the said petitioner her lyfrent Lands of Esbie and Shaw; to the said petitioner and that as the petitionars aliment for the tyme bygone and endeavours letters of horning And others needfull to be direct theron And alloues the said Alexander Johnstoune to see and ansuear this petitione as to the petitionares aliment in tyme comming And the saids Lords of his majesties privie counsell upon the day and dait of their presents Haveing again considered the petitione Given in to them by the said designed petitioner and ansueares Made therto for Johnstoune non of Elshaheills sone to the petitionares first husband they Heirby remmitt the petitioner to pursue befor judge ordinary for her aliment in tyme comming via ordinarie as accords

Att Edinburgh The Fyfetin day of Jully One thousand Sivenhundred and on years

D1701/7/141

Act

Act the Lady Elchicheills for ane aliment

Anent The petitione Given and presented to the Lord high Chancellor and Lords of his majesties privie councill Be Sophia Johnstoune relict of the deacest John Johnstoune of Elshasheells and nou spouse to Thomas Barklay late of Hiltoune sheueth That uherby Contract of marraige of the petitionares first husband the petitionar as provyeded2 to and secund in ane anualrent of Five hundred merks out of the first and readiest rents of Eshkie and Shaw Extending to one thousand merks yearly and the petitioners present husband haveing also secured the petitionar in ane competent provision out of his estate he hath pairtly through his imprudence pairtly through his Intemperance3 hes rendred all thir provisiones Elusory in favoures of the petitionar out of prejudice against the petitionar for opposeing his desolut courses and so pairtly by true debts, pairtly by simulate debts and our Creditors collusione uith the petitioners first husbands heir and tenents in the petitionars Lyferent Lands And the petitioner could not recover ane fardine therof for her oun and Childrens sustentione whery the petitioner is brought to such a sterveing Conditione as oblidges her to have recourse to the Lords of his majesties privie councill uho are The sanctuary of the poor when they are distressed And defrauded so farr to Relive them as to seale ane aliment upon them out of their oun meanes whrin none can by prejudged, But only the poor and oppressed Enjoy the benefite of your Lordships patrocie And protectione Especially in this caice wher the petitioner is brought to such extream povertie that as the petitioner hath no meanes to pursue for ane aliement so the petitioner and her Children Their sterveing Conditione hath no hath no patience to uait the event of a teadious process Qua ventur non patitur moras And therfor Craveing that it might please the saids Lords of Councill and Sessione In contemptatione of the premisses out of compassione to the petitioner and her children ther distress and sterveing conditione to modifie ane Aliment of Four hundreth merks out of the petitioners oun Lyferent lands to be payed to the petitioner be Alexander Johnstoune of Elshasheells Heir and sone to the petitioners first husband and his tenents of the said petitioner her lyfrent Lands of Esbie and Shaw; to the said petitioner and that as the petitionars aliment for the tyme bygone and endeavours letters of horning And others needfull to be direct theron And alloues the said Alexander Johnstoune to see and ansuear this petitione as to the petitionares aliment in tyme comming And the saids Lords of his majesties privie counsell upon the day and dait of their presents Haveing again considered the petitione Given in to them by the said designed petitioner and ansueares Made therto for Johnstoune non of Elshaheills sone to the petitionares first husband they Heirby remmitt the petitioner to pursue befor judge ordinary for her aliment in tyme comming via ordinarie as accords

1. NRS, PC2/28, 112r-113r.

2. The words ‘as provyeded’ are written over an earlier scratched out word.

3. The words ‘his Intemperance’ are an insertion.

1. NRS, PC2/28, 112r-113r.

2. The words ‘as provyeded’ are written over an earlier scratched out word.

3. The words ‘his Intemperance’ are an insertion.