Act, 28 December 1693, Edinburgh

Edinburgh The Twentie one day of February J^aj vj^c nyntie thrie years

D1693/2/28

D1693/2/28¹

Act

Act The Ladie Harden.

Anent a Petition given in to the Lords of their Majesties privy Councill be Dame Jean Nisbet spouse to Sir William Scot younger of Harden Shewing That quheras the said Sir William the petitioners husband haveing severall years agoe gone of the Countrey wher he yet resolves to Continue for sometyme And haveing been so dutiefull and kynd as after his departur to writt home to his father Recomending to him with a great concerne and anxitie, That dureing his absence ther might be a suitable privisione out of the estate given for the intertainement of the petitioner and her familly to be duely payed by the Chamberland, and being loath to be heard or have any difference with so near relationes for preserveing of peace and Friendship The petitioner did of her oun accord with advyse of her frinds accquise to thrie thousand merks yearly which is bot a very mean provision and far below her Joynture which uses to be the ordinar rule of modificatione in cases of this nature Bot in regaird ther was only a verball setlement and no written² obligatione either under the hand of Sir William or his Chamberlan The petitioner is therby at a very great Loss and Disadvantadge Since she Cannot Compell them to make payment or have any executione against them So that any payment they have hitherto made hath been in small and inconsiderable parcells and not termly or quarterly as aliments usses to be payed, And they are Likewayes even now Considerable in arreirs So that the petitioner was necessitate to make use of her Credit by borrowing from freinds for mantinance of her familly and doeing her other necessary affairs And seing old Sir William her father in law Cannot contravert the verball agreement for thrie Thousand merks yearly since the partiall recepts therwith produced which ware granted by her at severall tymes to the Chamberland And which ware retired and delivered up to her upon granting ane generall Discharge for all does clearly relate to the said agreement for thrie thousand merks and bears to be in part of payment therof And Therfore Humbly Craveing the saids Lords would be pleased Seriously to Consider the petitioners Circumstances above represented and to appoint what farder Augmentatione the saids Lords should in equity think fitt to the forsaid thrie Thousand merks And for makeing the wholl effectuall And to Ordaine ane act to be extracted under the Clerks hand bearing letters of horning both for payment of the bygone arreirs extending at the terme of mertimiss last by past To the Soume of Two Thousand five hundreth and nyntie merks that she might therwith satisfie her Just debts And Lykewayes for payment of the said yearly aliement termly and quarterly in tyme comeing dureing her husbands absence out of the Countrey as the said Petition bears The Lords of their majesties privy Councill haveing Considered the petition given in to them be the above Lady Harden with the answers made therto and writtes produced for aither partie with the report of a Committie of their oun number to whom this matter was Remitted; They heirby Find that the petitioner has good right to ane aliement of Thrie Thousand merks yearly dureing her husbands absence out of the Countrey And Finds that Sir William Scot elder of Harden is Lyable for the same And Finds that the petitioners aliment did Commence from her husbands departur furth of this kingdome And that the first terme therof fell due at mertimes J^aj vj^c nyntie So that ther was due to her five termes Compleat at mertimiss nyntie two Out of which her recepts being Deduced ther rests to her then two thousand punds scots And Therfore Decernes and Ordaines the said Sir William Scot of Harden to make payment to the petitioner of the said Soume of ane Thousand pund scots money forsaid at the terme of Whitsunday and so furth yearly and termly in tyme comeing at the respective termes of Mertimiss and Whitsunday for the aliment of the terme preceiding dureing her husbands absence furth of the kingdome free of Chamberlands fies or other retentiones the termes of payment being first come and bygone And the saids Lords Doe heirby Be call the act of Councill in the petitioners favors of the date the second of February instant and Discharges any Suspensione of the said aliement for bygones or in tyme comeing to be past or exped except allenarly upon payment or Consignatione And Ordaines letters of horning on Fiftein dayes, And others needfull to be direct heiron in forme as effeirs.