Act, 28 December 1703, Edinburgh

Edinburgh the 19th January 1703

D1703/1/5

D1703/1/5¹

Act

Act In favours of Elizabeth Winrame

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Elizabeth Winram spouse to John Colquhoun off Kenmuir Shewing That By the Contract of marriadge past betwixt the said John Colquhoun of Kenmuir his father Did Dispone the Lands of Kenmuir to the petitioners husband and the heirs of the marriadge As also Nyne Thousand merks of the soumes which wer due to him upon the Estate of Caintoun And my Tocher being also Nyne Thousand merks the same with the forsaid money upon Carntoun was provyded to the saids Children And by the same Contract The petitioner is provyded to the Lyferent of the half of the Lands of Kenmuir and accordingly infeft therin As also The petitioner is provyded to five hundereth merks yearly out of the annualrent of the forsaid soumes The annualrent of the petitioners oun Tocher which was then well secured upon the Estate of Wilstoun Being discounted in the first place Notwithstanding wherof albeit The petitioner Did Cheirfully Comply that her Tocher should be lifted and imployed by her husband For payment of the pressing debts to which the petitioners husband was subjected on account off his father and Uncle Conterar to the petitioners Expectation upon his granting to her for her Lyferent out of the Estate of Cairntoune In soe far as Concerned what was provyded to the petitioner by the Lyferent of her oun Tocher and soe much out of his other money as should be necessary For makeing up the difficiencie of the petitioners annuity yet nevertheless and albeit her husbands Estate be more then sufficient for payment of all his debts some of his Creditors are soe seveare and rigorous That by ther pressing dilligences The petitioner and and² her family are reduced to difficulties And seeing this Misfortune is occasioned by Cautionries wher ther will in the event be found sufficient fonds of releif and that in such caice their Lordships are in use to grant moderat aliments out off the husbands Estate For mentinance of his wyfe and ther Children And that The petitioner is content that the same be restricted to the forsaid halfe Lands of Kenmuir which will not Exceed Five hundereth merks or therby per annum And Therfor Creaving That ther Lordships might be pleased to take to ther serious Consideration the Caice of the petitioner and her Children and to grant warrand to the petitioner for uplifting out of the first and readiest of the said Estate as much as will correspond to the annualrent of the petitioners forsaid Tocher which was punctually payed or otherwayes to allow the petitioner the rents of the forsaid half Lands of Kenmuir wherin The petitioner is infeft and that for the necessar support off her and her Children And to Declair that the samen shall not be affectable by her husbands Creditors as use is in the lyke caices As the said petition Bears The Lords of Her Majesties privie Councill Haveing Considered the above petition given into them by Elizabeth Winram spouse to John Colquhoun off Kenmuir with her Contract of marriadge produced therwith And the samen Being read in their presence The saids Lords of her Majesties privie Councill Have Modefied and allowed And heirby Modefies and allowes The soume off Five hundereth merks scots money To be payed to the petitioner yearly as ane aliment For the mentinance off her self and Children and that out off the said Estate off Kenmuir att Tuo termes in the year Whyttsunday and Martimes be equall portiones Being the first termes payment therof at the terme of Whyttsunday nixt For the half year preceeding and yearly and termly in tyme comeing And Decernes and Ordaines The factors, heretors and Tennents of the said Estate to make payment off the said soume off Five hundereth merks off yearly aliment Conforme to ther Rents to be Contained in a list Containing ther severall proportiones To be given in by the said Elizabeth Winram and subscryved by her to the Clerks of privie Councill And ordaines Letters of Horning under the signet of Councill To be direct hereupon against the Factor of the said Estate And in caice ther be noe factor against the Heritors and tennents therof upon a list to be given in and subscrived as above and that this aliment shall noe wayes be affected with any debts of her husband But that her Dischairge by her selfe alon without Consent of her said husband shall be a sufficient Exonouration therof to the tennents and others forsaids.