Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Eighteen day of Awgwst J^aj vi^c nyntie six yeirs

D1696/8/18

D1696/8/18¹

Act

Act Lady Rollo against Rollo of Woodsyde

Anent the petitione given in to the Lords of his majesties privie Counsell Be Mistress Margaret Balfoure Lay² Rollo for herself and six childrein Humbly Shewing That wher upon the petitioners representatione of the desolat and destitute conditione of her and her childrein forsaken and abandoned of the Lord Rollo As ther Lordships very well know the petitioner obtained first ane Thowsand pund Scotts of aliment to be payed to her by the tenents and possessors of his estate As ther Lordships act therupon Wherin Henry Rollo of Woodsyde is compeareing and ansuering dated the fourtein day of Janwary Last more fully bears Likeas by ther Lordships act and decreit of the twentie fourth of March Last ther Lordships upon the Lord Rolloes contwmacie modified the Soume of Four Thousand merks includeing the said Thowsand pund for the yeirly of the petitioner and her saids childrein And ordained The Lord Rollo and the said Henry Rollo in caise he had accepted of a factorie from the Lord Rollo to pay the petitioner the foresaid Soume As the said Second act and Decreit bears Lykeas the said Henry Rollo haveing applyed to ther Lordships for a Suspensione upon the accompt that any factorie he had was burdened with the payment of the debt Dwe to himself ther Lordships most Justly in this alimentarie raise wherin it also appeared that he colluded with The Lord Rollo refwsed the Said Suspensione But albeit their Lordships have in ther Justice had this regwaird to the petitioners afflicted and necessitows conditione And that of all this aliment from the terme of Mertimes Last the petitioner hes only gott twelve Hundereth merks yet the said Henry Rollo collwding Still with the Lord Rollo gave in a bill of Suspensione to The Lords of Sessione upon the twentie nynth of Jullie Last pretending a Shamm reasone of Double poinding as if he had bein charged be The Lord Rollo one the ane hand and the petitioner on the other when he knew perfitely that himself compeareing befor ther Lordships they would have decerned the petitioners aliment both against him And The Lord Rollo in maner foirsaid And immediatly without the petitioners Seing and ansuering obtaines a Suspensione from the ordinary on the bills As the Letters Signed the threttie of Jwlly testifies As to which procedure the petitioner Shall not complaine of what past befor the Sessione But because the distress of the petitioner and her childrein is therby Doubled And that for ther necessarie aliment they are throwen off by a Suspensione that cannot be discussed for half a yeir to come The petitioner must in this her extremitie Humbly represent to ther Lordships Primo that by this evill practise of Woodsyde ther Lordships Jwstice and authoritie is evidently frwstrat Secundo By pretending a double poinding when ther was noe ground for it And that the rights and reasones of both pairties were in this knowledge discust by ther Lordships was a manifest imposeing upon the Lords of Sessione And Tertio that he haveing first applyed to ther Lordships upon the Same grownds were by ther Lordships refwised which greatlie aggravatts his abwse and transgressione in this mater And therfor humbly craveing Ther Lordships in consideratione of the petitioners extremitie And of the said Woodsyde his abwseive practise in maner foirsaid To Decerne him de novo to pay the petitioners foirsaid aliment atleast ane eqwivalent Soume in name of Damnadges And for the necessarie Subsistance of the petitioner and her childrein untill the said Suspensione be discwst As the said petition bears Which petitione being this day red and considered be the saids Lords of privie Counsell And answers made therto for Henry Rollo of Woodsyde They heirby decerne and ordaine the said Henry Rollo to make payment and Satisfactione to Mistress Margaret Balfoure Lady Rollo of the Soume of Six Hundereth merks for the present aliment and mentainance of the said Lady and her childrein And upon payment Ordaines the said Lady Rollo to assigne the Said Henry Rollo to als much of the decreit of aliment obtained at her Ladyships instance against the Lord Rollo her husband and his tenents as will satisfie the said Henry Rollo of the said Soume of Six Hundereth merks heirby decerned for And ordains Letters of horning on fiftein dayes and other executorialls needfull to be direct heiron under the Segnett of Counsell in forme as effeirs And discharges any Suspensione to pass heirof except upon payment or consignatione allenarly