Decreet, 29 December 1698, Edinburgh

Att Edinburgh the twentie one day of Jwny J^aj vi^c nyntie eight yeirs post meridiem

D1698/6/15

D1698/6/15¹

Act

Act Earle of Southerland

Anent the petitione given in to the Lords of his majesties privie Counsell be George Earle of Southerland in behalf of the childrein of the deceast Viscount of Arbuthnot Shewing That wher ther Lordships by ther act of the fourth of February J^aj vi^c nyntie Six ordered Robert now Viscount of Arbuthnot to be delivered to the petitioner for his better keeping and educatione As also that John Jean Anna Mary Margaret and Hellen Arbuthnots his brother and sisters should continwe with the petitioner and did modifie eight hundered merks for the Viscount and that for bed and board allenarly And twentie five Hundereth merks for his said brother and sisters And that to be payed to the petitioner yeirly for ther intertainement and educatione in maner mentioned in the said act The petitioner must now represent to ther Lordships that Hellen the yowngest of the saids childrein is now deceased wherupon a Scruple aryses to the tutor as if ther Should be a deduction for her proportione As to which ther Lordships may be pleased to notice that Since the passing of the said act in Febrwary J^aj vi^c nyntie Six the eldest of the saids childrein are nou growen up And for ther Schooles and cloathes are become more expensive then formerly And besides the deceast viscountes had Thrie Thowsand merks alloued her by ther Lordships for the saids younger childrein thrie yeirs Since when they were yownger and Less expensive As Likewise the said eight Hundereth merks for the viscount haveing bein appointed for the intertainment of him and his pedagogues and page in bed and board allenarly Knox the tutor for eviteing the expenss that the petitioner persewing for repayment of the other expenss The viscount must be at for cloathes Schooling Phisitians Servants fies and other incident chairges might occasioen hath by his bond of the date the twelve of Jwlly J^aj vi^c nyntie seven obleidged himself as tutor to pay to the petitioner the Soume of Five Hundereth merks Scotts from tyme to tyme as the petitioner Should instruct the Same to be profiteably expended for the behoove of the said viscount And Seing it is very well knowen to ther Lordships that the petitioner hes Done all that passible for him to manadge by Supplieing out of his own Some thing for the better provisione of the said younger childrein And that it reasonable raither that the said modificationes for the younger childrein Should be augmented now when they are come to greater age And that the Viscount hes ane opwlent fortowne which can very well Spare the Same And that the tutor Should be Secured for his said bond of advance for the air to his Satisfactione Soe that his Cautioner nor the pupills Curators may have no ground to qwarrell the same And therfor humbly craveing ther Lordships in consideratione of the premisses to Declare that notwithstanding of the death of the said Hellen the youngest of the said childrein the said twentie five Hundereth merks Shall be Still intirely payed to the petitioner for the aliment and educatione of the other five besydes the air Conforme to ther Lordships former act As also to interpose ther authoritie and approve the foirsaid bond granted to the petitioner by the tutor in behalf of the air for incident expensses to be made for him and compted for by the petitioner conforme to the tenor of the said bond As the said petitione in itself at more length containes Which petitione being this day read in presence of the saids Lords of his majesties privie Counsell And they finding That The Laird of Knox tutor to the above minors was ordered to have given in ansuers therto And that he hes given non They heirby Decerne and ordaine the said Laird of Knox to make payment and Satisfactione to The Said Earle of Southerland of the above Soume of Two Thousand and five hundereth merks and that notwithstanding of the death of the above Hellen who was the yowngest of the childrein foirsaid And that for the aliment and edwcatione of the other five childrein besydes the Air Conforme to The Counsells former act given in this mater As also The Counsell Doe heirby interpose ther awthoritie to and approve of the above bond granted be The Laird of Knox to the petitioner for payment of Five hundereth merks from tyme to tyme as he shall instruct the same to be profiteablie expended for The viscounts behoove And ordaines Letters of horning on six dayes and others wnder the Signet of Cowncell to be direct heiron After pronunceing of the above interloquitor Alexander Arbuthnot of Knox tutor to The Viscount of Arbuthnet Gave in a petitione to The saids Lords Shewing That wher the petitioner being charged with Letters of horning at the instance of George Earle of Southerland for payment to him of the Soume of twelve Hundereth and fiftie merks by advance And that as half a yeirs aliment of the Soume of Two Thowsand five Hundereth merks Dwe at Whitsonday Last which was modified by ther Lordships to the Viscount of Arbuthnots brothers and sisters yeirly efter the charge given whill the tutor is in the north The Earle Gave in a petition to ther Lordships craveing the full aliment to be continued notwithstanding of the death of one of the childrein And craveing that ther Lordships would interpose ther authoritie to a bond granted be the tutor to the Earle by which he is bound to advance money for defraying the viscounts incidents Swch as Schooll fies and ther Lordships haveing ordained this petitioner to be sein and considered The tutors Advocats not Doubting but they would be allowed eight dayes atleast befor the said bill should be a game moved they had the ansuers readie to have given in this twentie third instant being Thursday But The Earle haveing moved the readeing therof on Twesday Last and no answers being given in Ther Lordships in consideratione that the tutor by reasone of his not giveing in answers to consent therto granted the de²syre therof But now the tutor Lying under the foirsaid chairge It is hoped ther Lordships will not only reconsider the former interloquitor on Twesday Last but will find the charge most wnjust considering It is of veritie that ther Lordships petitioners hes hitherto payed the aliment pwnctwallie But one of the younger childrein being now Dead It is but reasoneable that a proportionall aliment Should be dedwced of the aliment with the deductione of which the petitioner hes offered what is dwe for the Surviveing childrein Secundo when this aliment was modified The petitioner offered to aliment the childrein for Ane hundereth pund Sterleing and yet ther Lordships haveing givin a Lairge modificatione to The Earle of Southerland the Same was duely complyed with and payd through, very much to the Loss of the familie which is wnder Some considerable burden and the expenss of The viscount his brothers and sisters aliment and other expenss for the viscount himself will amount yeirly to a great Soume Tertio when the Lordships made the modificatione ³ of Twentie five Hundereth merks ther were six childrein alive and now one being Dead The Earle in reasone ought to accept of their Lordships modificatione with the deductione of a sixth pairt since the death of the foirsaid child And whatever may be pretended that the childrein are now elder and conseqwently need greater mentainance seing The Earle gott the aliment when they were younger he may now the more reasoneably accept of it when they are but few yeirs elder and yet the petitioner offers to aliment them according to ther qwalitie for Ane hundereth pund Sterleing per annwm wheras The Earle will yet have near Two Thowsand Ane Hundereth merks efter the deducatione of a sixth pairt for the child which is dead And therfore humbly craveing ther Lordships to consider the premisses and to ordaine the Earle to accept the aliment formerly modified with the deductione of a Sixth pairt And if any difficultie remaine with ther Lordships to allow a heareing in ther own presence and in the mean tyme to Suspend the Letters qwoad that Sixth pairt As the said petitione bears Which petitone being upon the twentie third day of the said moneth of Jwne J^aj vi^c nyntie eight read in presence of the saids Lords They heirby Refuise the desyre therof And the Saids Lords adheres to ther former interloqwitor in favors of The Earle of Southerland And ordaines this petitione and deliverance to be insert and extracted with the said former interloqwitor.