Act, 16 November 1704, Edinburgh

Procedure, 19 December 1704, Edinburgh

Edinburgh the 16th November 1704

D1704/11/91

Act

Act in favours of Muirhead of Braidisholme younger

Anent the petition given in and presented to the Lords of her Majesties privie Councill by James Muire2 of Braidisholme younger Humblie Shewing that by Contract of marriage betwixt James Muirhead of Braidisholme his Father and Mistres Helen Stewart Daughter to the Laird Blantyre his mother, James Muirhead his Grandfather disponed the estate of Braidisholme to his said Father and the airs to be procreat of his Body with the said mistres Helen Stewart his Mother, and He being the Eldest son of the marriage was the person by that Contract designed to Succeed him in that Estates, and his Father accordingly did breed and educat him as his Eldest son and apparent Successor without allowing him the speciall Calling or imployment inclined too wherby to gain his Livelihood, and when he past the schools he allowed him to go abroad in Company with the Laird Blantyre his Uncle upon his saids Fathers Charges and having stayed sometyme in London he returned to his Father wher he was kyndly received and he so fully satisfied with his imploying his tyme ther that he sent him up a second tyme willing him to marry in England which accordingly he did and wherof he signified his great satisfaction by repeated letters to his wife with large promises in his favours and sent up John Muirhead his second son his Brother who has been upon his Cost this even years bygone, He was no sooner married but his wifes friends desyre ane settlement with his Father that he might gett his wifes portion and the fie of the estate established in his person and ane suitable aliment given him in the mean tyme and ane Joynture settled upon his wife in caise of her Survivance all which her Father these six years bygone has waved and neglected, wherby he was necessitat to lift what of his wifes portion was not lyfrented for his present aliment and Subsistance which being exhausted and what remains Lyfrented He and his wife and Child came down to Scotland and were kyndly received by his Father and Mother and entertained in their house with their other Children and the like parentall affection showen towards him as the rest with which he rested satisfied and returned dutifull and filliall obedience yet of late upon some mistake misaprehension or misinformation taken up by or given to his Father he had withdrawen his affection and kyndness debarred him and his family of his house and withheld bread from them and even fire and water wherwith to prepare bread. Befor he offerred this application to their Lordships he imployed all his friends and Relations and even persons of the first quality to mediat for me with his Father that he might yet take what remains of his wifes fortune which is considerable and to settle his Estate in fie to him and to Secure his wife in a suitable Joynture and to give him in the mean tyme a Competent aliment for his family with respect to what the estate can bear and his Father and mother can Spare but nothing of this does prevaile with him. Wherfore from invincible necessity and want of Subsistance He humbly beseeched their Lordships to ordain his Father to putt his Contract of marriage in their Lordships Clerks hands or in the publick Register, and nixt as he has been the instrument of his being in the world and he has bred him up as his Eldest son that he may entertain him accordingly, and since he has Debarred him from his family that their Lordships may modifie to him ane Competent aliment to be payed to him by his Father or allocat to him ane portion of his Estate for that effect as the said petition bears. Which petition being upon the Sixth day of June last bypast read in presence of the saids Lords of privie Councill The Samen was by their Lordships appoynted to be seen and answered by Breadisholme Elder betwixt and nixt Councill day and the said James Muirhead of Braidisholme Elder haveing seen the said petition He gave in the representation following in answer to the said petition Mentioning as followed the said Braidisholme younger has given in a petition to the saids Lords of privie Councill Creaving ane exhibition of his Fathers Contract of marriage in the hands of the Clerks of Councill or to be put in the publict Register pretending therby Interest in the Lands and Estate of Braidisholme, and likewayes that his Father should be decerned to entertaine him and his family or that their Lordships would be pleased to modifie a Competent aliment to be payed by his Father or to allocat a proportion of his estate for that effect and this petition is inforced from a pretended interest in the estate be vertue of his Fathers Contract of Marriage from his Fathers not breeding him to ane Employment which he had chosen from his being in a married state by his Fathers Consent and approbation and any portion he gott with his wife being now Spent except what is lyfrented and that he had mantained his second Brother severall years in England, and therfrom his being removed from his Fathers family and wanting subsistance The petition being ordained to be answered it was a great Surprize to the Father who had educated and bred his son and had bestowed upon him rather above what the Circumstances of His fortune would allow, and who had alwayes born a fatherlie affection to him but seeing Braidisholme younger has taken this method and pretends to wrest from his Father by Law, which the Father will not be found obliedged to therfore in order to ane answer to the said petition the Father Creaves Liberty to represent that by his own Contract of Marriage the Estate is resigned to him and the heirs male of his body which failzieing his other airs maill which failzieing his heirs and assigneyes whatsomever, so that the Father is absolute fiar of the Estate and may dispose therof as he thinks fitt and the petitioner has nothing but a naked jus apparenter et Successionis which affoord no present interest, in the nixt place the Father has not only educat and bred his son as a became a Gantleman but likewayes did breed him to a particular imployment by binding him to a writer to the Signet and was very desirous he Should have continued and prosecute the said imployment but acknowledges he did not go alongs with his sons inclination to be a Souldier, and thinks this will not be interpret ane unreasonable refusall to put him to ane imployment of his own choice as he terms it in his petition, and not only this dar had his Father educat and bred him but has advanced no less then Twelve thousand merks within the Space of five years tyme, wherof Four thousand merks about two years and ane halfe agoe as the price of Cattel Sent to him for driving a trade conforme to the sons letters which he had good reasone to think might be a Sufficietn patrimony for any of his Children even the Eldest considering the Circumstances of his fortune and did likewayes breed his second son to the imployment of a Chururgion and did affoord him a stock of money at London wherupon he might have entered upon a way of Livelihood but if the eldest son did countenance his Brothers idleness at London, it was not the Fathers fault nor did he require him to advance anie thing for him, this being premissed and to Show ther has been no just rise given by the Father to this petition the Defences are as followes, primo the Father cannot be obliedged Summarly to answer a petition without a libelled summonds and Citation, and with all Submission conceives that this being a matter of civill concern it is proper only to be cognosced by the Lords of Session before whom the method of prosecution of aliment is determined by act twentie first Session, Sixt parliament King William which is expressly ordained to be by a lybelled Summonds upon citation and has only the priviledge of not abiding the course of the roll, and especialy this most hold here in this case wher the petitioner pretends ane interest by the Fathers Contract of marriage and craves the Same to be exhibite or registrat which is so purely civill, that a Summonds of such a Nature was never raised before the privie Councill, let be to introduce such a case by way of summar petition Secundo esto, The Lords of Councill Should Sustain this claime before themselves and by way of petition, yet ther can be no ground to modifie an aliment or decern an allocation, first because it is certain the petitioner is Major and forasfamiliat and has been liberally educat, by his Father So that it is presumed he Should be in a Condition and Capacity to Mantaine himselfe and tho ex jure naturer parents are lyable to educate and aliment their Children, yet that is not entended through the whole course of their years, to the encouradgement of Sloath and Laziness; but alleanarly to the younger and tender in years, till they be in a Capacity to act for themselves, nor have ever the Lords of privy Councill been in use to decern in Such aliments nor can instances therof be given, Secundo the Father did breed him to ane imployment, and it was his own fault that he did not prosecute it, Tertio He can document and his Son will not deny that within the Space forsaid he had advanced to him in money and Cattle Twelve thousand merks, and if he has not managed it as he ought to have done that ought not to bring back a burden upon his Fathers family Quarto The petitioner owns he gott a portion with his wife, it was alwayes given out by him and his Father was made believe that it was considerable yea said it was better than his Fathers estate, and the petitioner owns that ther is a pairt of it to the fore but lyferented, which by transaction might procure a subsistance but lastly ther can be no obligation upon the Father to aliment wher he has not sufficient for himselfe and his own family, And notwithstanding of all this kyndness and the Fathers doing for the son above what his Circumstances could allow, yet he has not mett with that Dutifullness which a parent could expect, he refrains from particulars which would be very disagreeable to mention, And lastly the Lords are intreated to consider that a proces of this Nature which is without any parallel and if it meet with the least incouradgment would create Such Disturbances and difficulties that cannot heire easily be numerat, for every son at this rate might pretend to force his Father to settle upon him Seperat aliments altho he had never given him So liberall education, in the modification of which aliment the Fathers Estate and Burdens most be propalled which might tend much to the breaking or impairing of their Credite neither can a Gentleman of a small estate Such as Braidisholme is, allow any aliment to his son He having his Lady and Six or seven younger Children yet in family with him besides other Debts and Burdens, So that allowing him to make but small provisions for his younger Children it’s impossible he can affoord any aliment to his said Son although by Law he were oblidged to do it, which in this case he is not, and this being a generall Concern of all the parents in the Kingdome Its hoped the Lords of privy Councill will reject this bill as utterly irrelevant, as the said representation by way of answer also bears. The Lords of her Majesties privie Councill having considered the above petition given in to them by James Muir of Braidisholme younger with the answers therto by James Muirheade of Braidisholme Elder his Father and the samen being read in their presence the saids Lords upon the thirteenth of June last nominated and appoynted the Earles of Eglingtoun and Loudon Lords president of Session Advocat Rankeilor and Phesdo to be a Committie to endeavour to settle and agree pairties and Recommended to the said Committie to meet to morrow at ten of the cloack in the afternoon and Declared any three a quorum Therafter there was further reasons for Braidisholme younger by way of petition in answer to his Fathers Representation given in and presented to the saids Lords Representing that his Father had insinuated to the saids Lords as if he had taken this method directly without applying to him in a Dutifull and filliall way, the whole Country can justifie that not only himselfe but all his friends and Relations, and even the minister of the parochin for these seven moneths bygone had used all the indeavours imaginable to perswade his Father to an amicable agreement and to treat him alse all Fathers does their Eldest sons, and if he thought friends partiall to chose any three men himselfe to whose Determination he was willing to Submitt himselfe, But all refused with protestations and Declarations that he or none of his Should ever have one farthing from him, but what he was compelled to by Law, without giving any reason more than it was hill will and pleasure and he would give it to whom he pleased, or Spend it which he is Doing, He contracting Debt every day, What he had done was not only by Consent but by advice of nearest Relations for preservation of the family, which if called befor their Lord Ships will declare he having made appear to them that notwithstanding his Grandfather left behind him a clear estate of Five thousand merks a year, and his mother who is the sole manager does declare that nothing troubles her more than that for every Dollar She had Spent She had not Spent three, Secundo the reasone why he proceeded not by way of lybell was the unwillingness to expose his parents, for if the barbarous usages of his wife a Stranger in Childbed and at all other tymes and of Infants who were not capable of giving the least offence had been lybelled as received and can be proven would not only have been troublesome to their Lordships but would be a Scandall upon the nation and family for ever, Tertio the Lairds of Minto and Silvertounhill had both of them aliments from their Fathers by Decreits of Councill Quarto He was never bound to a writer to the Signet only had the liberty of Pincaitlands Chambers as he will justifie, Quinto He is now readie to Depone he had not received Cattle and all included above nine thousand merks from his Father neither can be instruct more upon a just Compt and Reckoning and that in ten years tyme he having been abroad ever Since the Ninty five, and for two years before that had not one farthing from his Father out of the said Nine Thousand merks his Brother John has had above four by advice of his Father as he will instruct by letters it was never so much as mentioned in any meeting of friends neither did any of them ever hear of it before, so that it is a great Surprise to all of them, Sexto that both his wife and he have been dutifull and respectfull, and that all those aspersions designedly Spread through the Toune are most false Scandalous and malicious can be proven by Relations Neighbours and Servants of the family, Notwithstanding ther has been indeavours used by threats and otherwayes to corrupt them, and therfore Creaving his Grace and their Lordships to appoynt a Committie impowering them to call for his Fathers Contract of marriage and all other peapers in his Fathers Custody relating therto, and that all persons who may contribute to the clearing of the Same may be cited, and than may it please his Grace and Lordships to determine according to the Justice of the cause, and the manifest necessity of his poor family, as the said petition likeway’s bears, which petition being read upon the thirtie of august last bypast in presence of the saids Lords they Remitted to the former Committie appoynted in the said matter to endeavour to settle and agree the petitioner and his Father and in caise they could not agree appoynted both pairties and their Lawyers to be readie to Debate next Councill day peremptorie therafter Upon the fourth of September last bypast the Lords of her Majesties privy Councill considering that the affair betwixt Braidisholme Elder and younger lay befor a Committy of their own number and Cannot be reported now Lawiers heard therupon now in the tyme of vaccance, and that it being moved by some of the members at the board that the said Braidisholme younger Should have ane Subsistance out of his Fathers estate during the Dependance therfore the saids Lords have Granted and heirby grants to the said James Muirhead younger of Braidisholme the Soume of thirty pounds Sterling money for his Subsistance during the Dependance of the forsaid proces betwixt his Father and him, and appoynts and ordains the said James Muirhead Elder of Braidisholme to pay to James Muirhead younger therof his Son the forsaid Soume of thirty pounds sterling and that during the Dependance of the proces as Said is and that betwixt and the first day of October nixt to Come, and appoynts and ordains letters of horning under the Signet of Councill to be direct heirupon, Ther being a petition given in and presented to the Saids Lords of her Majesties privy Councill by James Muirhead Elder of Braidisholme humblie Shewing that James Muirhead his Eldest Son having Some moneths agoe given in a petition to their Lordships Craving ane aliment for himself and his wife out of his Estate and their Lordships having been pleased to allow him to see and answer the Same, He did accordingly make ane answer therto which did wholly enervate the forsaid petition and the calumnious Representations therin contained, But what was represented in both hands being mostly matter of fact their Lordships were pleased to remitt the said affair to a Committie of their own number who have had Severall meetings on the said affair and have heard my Son and me and by the report of the Committie when their Lordships Shall be pleased to receive the Same, he is very confident the Counsell will be fully convinced of his Sons unjustice and undutifull Carriage toward him, but when that report was moved in Councill their Lordships were pleased to delay the advising and the thirtie of august appoynted both pairties and their Lawiers to be ready to Debate the nixt Councill day which was ordered to the third of october, But their being upon the fourth of September also last a Councell called pro re nota when he was out of toun and his Lawiers no wayes advertised his son took the advantage and upon a false Representation of his mean Condition their Lordships pronunced ane act ordaining him to pay to his said Son Thirtie pound sterling for his Subsistance betwixt and a blank Day which act is not yet given out by the Clerk of privie Councill, he humbly Represented to their Lordships that the act being obtained parte in audita He can give the same no obedience and that because he had made it appear befor the Committie and if he were heard befor their Lordships he is able fully to Demonstrate that he is neither bound by the Law of Nature or Nations to give his Son any pairt of his estate or any manner of aliment in regard he had already received a far greater pairt of his Estate than his Condition will allow considering his numerous family and his just and lawfull Debts all which he Shall lay befor their Lordships, when ever their Lordships shall allow him hearing, and therfore Creaving their Lordships to consider the premisses and to Stop the giving out of the forsaid act or if given out to Sist execution therupon till Such tyme as their Lordships receive and advice the report of the Said Committie and hear both pairties upon the said affair and for that end to appoint Such a Dyet as their Lordships shall think fitt that the said affair may be Determined as the said petition bears which petition being upon the third of october last bypast read in presence of the saids Lords they stopped the giving out of the act in favours of Braidisholme younger allowing him thirtie pound Sterling for his aliment during the Dependance and discharges anie execution to pass therupon untill both pairties be heard in the said matter and Recommends to the Committy formerly appointed in the affair betwixt the Lairds of Braidisholme elder and younger to repair and bring in a report of the forsaid matter to the Councill againest the third Councill day of november next to come and appoynts both pairties procurators to be ready to Debate the cause againest the said day. The Lords of her Majesties privie Councill haveing upon the fourteenth of November instant Considered that by their former Deliverance of the Date the third of october last the affair betwixt Braidisholme elder and younger was appoynted to be Debate this Day and Lawiers heard therupon and accordingly both pairties being called and the said […] Muirhead of Braidisholme elder Compeiring personally with Sir Walter Pringle and Master James Hamiltoun his advocats and the said Muirhead of Braidisholme younger Compeiring also personally at the Barr with Sir David Cunighame Sir Archibald Sinclair and Master George Dalrymple his advocats and the petition and answers therto being read and both pairties Lawiers heard at the barr and removed, The Councill nominats and appoynts the Earle of Leven Lord advocat and Phesdo to be a Committie to deall with Braidisholme elder and see if he will give to the said Braidisholme younger any allowance in the mean tyme for his present Subsistance and Recomends to the said Committy to meet to morrow morning at ten of the cloack in the fornoon and declares any two a quorum and to report next Councill day, The Lords of her Majesties privie Councill having upon the Day and date of thir presents Considered the petition Given in to them by James Muirhead of Braidisholme younger with answers therto by James Muirhead of Braidisholme Elder his Father, togither with Counter petitions and answers therto the saids Lords have remitted and heirby remitts the matter and affair contained in the said petition and answers to the Lords of Councill and Session to be by them summarly discust, and have modified Granted and allowed and heirby Modifies Grants and allowes to the said petitioner James Muirhead of Braidishome younger the Soume of fiftei pound Sterling money in the mean tyme for Caryeing on the said proces and appoynts and ordains the said James Muirhead of Braiddisholme elder to pay the same accordingly, and that at and against the first day of January nixt to come and appoynts letters of horning under the Signet of Councill to be direct heirupon on six dayes allenarly.

Edinburgh the 16th November 1704

D1704/11/91

Act

Act in favours of Muirhead of Braidisholme younger

Anent the petition given in and presented to the Lords of her Majesties privie Councill by James Muire2 of Braidisholme younger Humblie Shewing that by Contract of marriage betwixt James Muirhead of Braidisholme his Father and Mistres Helen Stewart Daughter to the Laird Blantyre his mother, James Muirhead his Grandfather disponed the estate of Braidisholme to his said Father and the airs to be procreat of his Body with the said mistres Helen Stewart his Mother, and He being the Eldest son of the marriage was the person by that Contract designed to Succeed him in that Estates, and his Father accordingly did breed and educat him as his Eldest son and apparent Successor without allowing him the speciall Calling or imployment inclined too wherby to gain his Livelihood, and when he past the schools he allowed him to go abroad in Company with the Laird Blantyre his Uncle upon his saids Fathers Charges and having stayed sometyme in London he returned to his Father wher he was kyndly received and he so fully satisfied with his imploying his tyme ther that he sent him up a second tyme willing him to marry in England which accordingly he did and wherof he signified his great satisfaction by repeated letters to his wife with large promises in his favours and sent up John Muirhead his second son his Brother who has been upon his Cost this even years bygone, He was no sooner married but his wifes friends desyre ane settlement with his Father that he might gett his wifes portion and the fie of the estate established in his person and ane suitable aliment given him in the mean tyme and ane Joynture settled upon his wife in caise of her Survivance all which her Father these six years bygone has waved and neglected, wherby he was necessitat to lift what of his wifes portion was not lyfrented for his present aliment and Subsistance which being exhausted and what remains Lyfrented He and his wife and Child came down to Scotland and were kyndly received by his Father and Mother and entertained in their house with their other Children and the like parentall affection showen towards him as the rest with which he rested satisfied and returned dutifull and filliall obedience yet of late upon some mistake misaprehension or misinformation taken up by or given to his Father he had withdrawen his affection and kyndness debarred him and his family of his house and withheld bread from them and even fire and water wherwith to prepare bread. Befor he offerred this application to their Lordships he imployed all his friends and Relations and even persons of the first quality to mediat for me with his Father that he might yet take what remains of his wifes fortune which is considerable and to settle his Estate in fie to him and to Secure his wife in a suitable Joynture and to give him in the mean tyme a Competent aliment for his family with respect to what the estate can bear and his Father and mother can Spare but nothing of this does prevaile with him. Wherfore from invincible necessity and want of Subsistance He humbly beseeched their Lordships to ordain his Father to putt his Contract of marriage in their Lordships Clerks hands or in the publick Register, and nixt as he has been the instrument of his being in the world and he has bred him up as his Eldest son that he may entertain him accordingly, and since he has Debarred him from his family that their Lordships may modifie to him ane Competent aliment to be payed to him by his Father or allocat to him ane portion of his Estate for that effect as the said petition bears. Which petition being upon the Sixth day of June last bypast read in presence of the saids Lords of privie Councill The Samen was by their Lordships appoynted to be seen and answered by Breadisholme Elder betwixt and nixt Councill day and the said James Muirhead of Braidisholme Elder haveing seen the said petition He gave in the representation following in answer to the said petition Mentioning as followed the said Braidisholme younger has given in a petition to the saids Lords of privie Councill Creaving ane exhibition of his Fathers Contract of marriage in the hands of the Clerks of Councill or to be put in the publict Register pretending therby Interest in the Lands and Estate of Braidisholme, and likewayes that his Father should be decerned to entertaine him and his family or that their Lordships would be pleased to modifie a Competent aliment to be payed by his Father or to allocat a proportion of his estate for that effect and this petition is inforced from a pretended interest in the estate be vertue of his Fathers Contract of Marriage from his Fathers not breeding him to ane Employment which he had chosen from his being in a married state by his Fathers Consent and approbation and any portion he gott with his wife being now Spent except what is lyfrented and that he had mantained his second Brother severall years in England, and therfrom his being removed from his Fathers family and wanting subsistance The petition being ordained to be answered it was a great Surprize to the Father who had educated and bred his son and had bestowed upon him rather above what the Circumstances of His fortune would allow, and who had alwayes born a fatherlie affection to him but seeing Braidisholme younger has taken this method and pretends to wrest from his Father by Law, which the Father will not be found obliedged to therfore in order to ane answer to the said petition the Father Creaves Liberty to represent that by his own Contract of Marriage the Estate is resigned to him and the heirs male of his body which failzieing his other airs maill which failzieing his heirs and assigneyes whatsomever, so that the Father is absolute fiar of the Estate and may dispose therof as he thinks fitt and the petitioner has nothing but a naked jus apparenter et Successionis which affoord no present interest, in the nixt place the Father has not only educat and bred his son as a became a Gantleman but likewayes did breed him to a particular imployment by binding him to a writer to the Signet and was very desirous he Should have continued and prosecute the said imployment but acknowledges he did not go alongs with his sons inclination to be a Souldier, and thinks this will not be interpret ane unreasonable refusall to put him to ane imployment of his own choice as he terms it in his petition, and not only this dar had his Father educat and bred him but has advanced no less then Twelve thousand merks within the Space of five years tyme, wherof Four thousand merks about two years and ane halfe agoe as the price of Cattel Sent to him for driving a trade conforme to the sons letters which he had good reasone to think might be a Sufficietn patrimony for any of his Children even the Eldest considering the Circumstances of his fortune and did likewayes breed his second son to the imployment of a Chururgion and did affoord him a stock of money at London wherupon he might have entered upon a way of Livelihood but if the eldest son did countenance his Brothers idleness at London, it was not the Fathers fault nor did he require him to advance anie thing for him, this being premissed and to Show ther has been no just rise given by the Father to this petition the Defences are as followes, primo the Father cannot be obliedged Summarly to answer a petition without a libelled summonds and Citation, and with all Submission conceives that this being a matter of civill concern it is proper only to be cognosced by the Lords of Session before whom the method of prosecution of aliment is determined by act twentie first Session, Sixt parliament King William which is expressly ordained to be by a lybelled Summonds upon citation and has only the priviledge of not abiding the course of the roll, and especialy this most hold here in this case wher the petitioner pretends ane interest by the Fathers Contract of marriage and craves the Same to be exhibite or registrat which is so purely civill, that a Summonds of such a Nature was never raised before the privie Councill, let be to introduce such a case by way of summar petition Secundo esto, The Lords of Councill Should Sustain this claime before themselves and by way of petition, yet ther can be no ground to modifie an aliment or decern an allocation, first because it is certain the petitioner is Major and forasfamiliat and has been liberally educat, by his Father So that it is presumed he Should be in a Condition and Capacity to Mantaine himselfe and tho ex jure naturer parents are lyable to educate and aliment their Children, yet that is not entended through the whole course of their years, to the encouradgement of Sloath and Laziness; but alleanarly to the younger and tender in years, till they be in a Capacity to act for themselves, nor have ever the Lords of privy Councill been in use to decern in Such aliments nor can instances therof be given, Secundo the Father did breed him to ane imployment, and it was his own fault that he did not prosecute it, Tertio He can document and his Son will not deny that within the Space forsaid he had advanced to him in money and Cattle Twelve thousand merks, and if he has not managed it as he ought to have done that ought not to bring back a burden upon his Fathers family Quarto The petitioner owns he gott a portion with his wife, it was alwayes given out by him and his Father was made believe that it was considerable yea said it was better than his Fathers estate, and the petitioner owns that ther is a pairt of it to the fore but lyferented, which by transaction might procure a subsistance but lastly ther can be no obligation upon the Father to aliment wher he has not sufficient for himselfe and his own family, And notwithstanding of all this kyndness and the Fathers doing for the son above what his Circumstances could allow, yet he has not mett with that Dutifullness which a parent could expect, he refrains from particulars which would be very disagreeable to mention, And lastly the Lords are intreated to consider that a proces of this Nature which is without any parallel and if it meet with the least incouradgment would create Such Disturbances and difficulties that cannot heire easily be numerat, for every son at this rate might pretend to force his Father to settle upon him Seperat aliments altho he had never given him So liberall education, in the modification of which aliment the Fathers Estate and Burdens most be propalled which might tend much to the breaking or impairing of their Credite neither can a Gentleman of a small estate Such as Braidisholme is, allow any aliment to his son He having his Lady and Six or seven younger Children yet in family with him besides other Debts and Burdens, So that allowing him to make but small provisions for his younger Children it’s impossible he can affoord any aliment to his said Son although by Law he were oblidged to do it, which in this case he is not, and this being a generall Concern of all the parents in the Kingdome Its hoped the Lords of privy Councill will reject this bill as utterly irrelevant, as the said representation by way of answer also bears. The Lords of her Majesties privie Councill having considered the above petition given in to them by James Muir of Braidisholme younger with the answers therto by James Muirheade of Braidisholme Elder his Father and the samen being read in their presence the saids Lords upon the thirteenth of June last nominated and appoynted the Earles of Eglingtoun and Loudon Lords president of Session Advocat Rankeilor and Phesdo to be a Committie to endeavour to settle and agree pairties and Recommended to the said Committie to meet to morrow at ten of the cloack in the afternoon and Declared any three a quorum Therafter there was further reasons for Braidisholme younger by way of petition in answer to his Fathers Representation given in and presented to the saids Lords Representing that his Father had insinuated to the saids Lords as if he had taken this method directly without applying to him in a Dutifull and filliall way, the whole Country can justifie that not only himselfe but all his friends and Relations, and even the minister of the parochin for these seven moneths bygone had used all the indeavours imaginable to perswade his Father to an amicable agreement and to treat him alse all Fathers does their Eldest sons, and if he thought friends partiall to chose any three men himselfe to whose Determination he was willing to Submitt himselfe, But all refused with protestations and Declarations that he or none of his Should ever have one farthing from him, but what he was compelled to by Law, without giving any reason more than it was hill will and pleasure and he would give it to whom he pleased, or Spend it which he is Doing, He contracting Debt every day, What he had done was not only by Consent but by advice of nearest Relations for preservation of the family, which if called befor their Lord Ships will declare he having made appear to them that notwithstanding his Grandfather left behind him a clear estate of Five thousand merks a year, and his mother who is the sole manager does declare that nothing troubles her more than that for every Dollar She had Spent She had not Spent three, Secundo the reasone why he proceeded not by way of lybell was the unwillingness to expose his parents, for if the barbarous usages of his wife a Stranger in Childbed and at all other tymes and of Infants who were not capable of giving the least offence had been lybelled as received and can be proven would not only have been troublesome to their Lordships but would be a Scandall upon the nation and family for ever, Tertio the Lairds of Minto and Silvertounhill had both of them aliments from their Fathers by Decreits of Councill Quarto He was never bound to a writer to the Signet only had the liberty of Pincaitlands Chambers as he will justifie, Quinto He is now readie to Depone he had not received Cattle and all included above nine thousand merks from his Father neither can be instruct more upon a just Compt and Reckoning and that in ten years tyme he having been abroad ever Since the Ninty five, and for two years before that had not one farthing from his Father out of the said Nine Thousand merks his Brother John has had above four by advice of his Father as he will instruct by letters it was never so much as mentioned in any meeting of friends neither did any of them ever hear of it before, so that it is a great Surprise to all of them, Sexto that both his wife and he have been dutifull and respectfull, and that all those aspersions designedly Spread through the Toune are most false Scandalous and malicious can be proven by Relations Neighbours and Servants of the family, Notwithstanding ther has been indeavours used by threats and otherwayes to corrupt them, and therfore Creaving his Grace and their Lordships to appoynt a Committie impowering them to call for his Fathers Contract of marriage and all other peapers in his Fathers Custody relating therto, and that all persons who may contribute to the clearing of the Same may be cited, and than may it please his Grace and Lordships to determine according to the Justice of the cause, and the manifest necessity of his poor family, as the said petition likeway’s bears, which petition being read upon the thirtie of august last bypast in presence of the saids Lords they Remitted to the former Committie appoynted in the said matter to endeavour to settle and agree the petitioner and his Father and in caise they could not agree appoynted both pairties and their Lawyers to be readie to Debate next Councill day peremptorie therafter Upon the fourth of September last bypast the Lords of her Majesties privy Councill considering that the affair betwixt Braidisholme Elder and younger lay befor a Committy of their own number and Cannot be reported now Lawiers heard therupon now in the tyme of vaccance, and that it being moved by some of the members at the board that the said Braidisholme younger Should have ane Subsistance out of his Fathers estate during the Dependance therfore the saids Lords have Granted and heirby grants to the said James Muirhead younger of Braidisholme the Soume of thirty pounds Sterling money for his Subsistance during the Dependance of the forsaid proces betwixt his Father and him, and appoynts and ordains the said James Muirhead Elder of Braidisholme to pay to James Muirhead younger therof his Son the forsaid Soume of thirty pounds sterling and that during the Dependance of the proces as Said is and that betwixt and the first day of October nixt to Come, and appoynts and ordains letters of horning under the Signet of Councill to be direct heirupon, Ther being a petition given in and presented to the Saids Lords of her Majesties privy Councill by James Muirhead Elder of Braidisholme humblie Shewing that James Muirhead his Eldest Son having Some moneths agoe given in a petition to their Lordships Craving ane aliment for himself and his wife out of his Estate and their Lordships having been pleased to allow him to see and answer the Same, He did accordingly make ane answer therto which did wholly enervate the forsaid petition and the calumnious Representations therin contained, But what was represented in both hands being mostly matter of fact their Lordships were pleased to remitt the said affair to a Committie of their own number who have had Severall meetings on the said affair and have heard my Son and me and by the report of the Committie when their Lordships Shall be pleased to receive the Same, he is very confident the Counsell will be fully convinced of his Sons unjustice and undutifull Carriage toward him, but when that report was moved in Councill their Lordships were pleased to delay the advising and the thirtie of august appoynted both pairties and their Lawiers to be ready to Debate the nixt Councill day which was ordered to the third of october, But their being upon the fourth of September also last a Councell called pro re nota when he was out of toun and his Lawiers no wayes advertised his son took the advantage and upon a false Representation of his mean Condition their Lordships pronunced ane act ordaining him to pay to his said Son Thirtie pound sterling for his Subsistance betwixt and a blank Day which act is not yet given out by the Clerk of privie Councill, he humbly Represented to their Lordships that the act being obtained parte in audita He can give the same no obedience and that because he had made it appear befor the Committie and if he were heard befor their Lordships he is able fully to Demonstrate that he is neither bound by the Law of Nature or Nations to give his Son any pairt of his estate or any manner of aliment in regard he had already received a far greater pairt of his Estate than his Condition will allow considering his numerous family and his just and lawfull Debts all which he Shall lay befor their Lordships, when ever their Lordships shall allow him hearing, and therfore Creaving their Lordships to consider the premisses and to Stop the giving out of the forsaid act or if given out to Sist execution therupon till Such tyme as their Lordships receive and advice the report of the Said Committie and hear both pairties upon the said affair and for that end to appoint Such a Dyet as their Lordships shall think fitt that the said affair may be Determined as the said petition bears which petition being upon the third of october last bypast read in presence of the saids Lords they stopped the giving out of the act in favours of Braidisholme younger allowing him thirtie pound Sterling for his aliment during the Dependance and discharges anie execution to pass therupon untill both pairties be heard in the said matter and Recommends to the Committy formerly appointed in the affair betwixt the Lairds of Braidisholme elder and younger to repair and bring in a report of the forsaid matter to the Councill againest the third Councill day of november next to come and appoynts both pairties procurators to be ready to Debate the cause againest the said day. The Lords of her Majesties privie Councill haveing upon the fourteenth of November instant Considered that by their former Deliverance of the Date the third of october last the affair betwixt Braidisholme elder and younger was appoynted to be Debate this Day and Lawiers heard therupon and accordingly both pairties being called and the said […] Muirhead of Braidisholme elder Compeiring personally with Sir Walter Pringle and Master James Hamiltoun his advocats and the said Muirhead of Braidisholme younger Compeiring also personally at the Barr with Sir David Cunighame Sir Archibald Sinclair and Master George Dalrymple his advocats and the petition and answers therto being read and both pairties Lawiers heard at the barr and removed, The Councill nominats and appoynts the Earle of Leven Lord advocat and Phesdo to be a Committie to deall with Braidisholme elder and see if he will give to the said Braidisholme younger any allowance in the mean tyme for his present Subsistance and Recomends to the said Committy to meet to morrow morning at ten of the cloack in the fornoon and declares any two a quorum and to report next Councill day, The Lords of her Majesties privie Councill having upon the Day and date of thir presents Considered the petition Given in to them by James Muirhead of Braidisholme younger with answers therto by James Muirhead of Braidisholme Elder his Father, togither with Counter petitions and answers therto the saids Lords have remitted and heirby remitts the matter and affair contained in the said petition and answers to the Lords of Councill and Session to be by them summarly discust, and have modified Granted and allowed and heirby Modifies Grants and allowes to the said petitioner James Muirhead of Braidishome younger the Soume of fiftei pound Sterling money in the mean tyme for Caryeing on the said proces and appoynts and ordains the said James Muirhead of Braiddisholme elder to pay the same accordingly, and that at and against the first day of January nixt to come and appoynts letters of horning under the Signet of Councill to be direct heirupon on six dayes allenarly.

1. NRS, PC2/28, 301r-306v.

2. Sic.

1. NRS, PC2/28, 301r-306v.

2. Sic.