Warrant, 31 December 1695, Edinburgh

Edinburgh the 21 November 1695

D1695/11/21

D1695/11/21¹

Act

Act for Montbodies aliement

Anent the petition given in to the Lords of his majesties privy Councill be James Burnet of Montbodo and Margret Burnet his mother now spouse to Mr Andrew Burnet minister for his intrest Shewing That wher the said James Burnett was ² left by his father Alexander Burnet who deceased in February J^aj vi^c nyntie one ane infeint about two years and ane half Since, Which time he hath been aliemented by his mother provyded in all things necessary for his subsistance and and education as became his qualitie, Lykeas his father as is well knowen left him a good estate which now by the occasion of his uncles estate will amount to about Seventie Chalder of victuall and is only burdened with two Joynturs of about twentie Chalders of victuall and the matter of Twentie Thousand merks so that ther remaines to him a good free estate without any furder burden of provisiones to brothers or sisters wherof he had non But in regaird that the father made no appointment as to the matter of his aliement, And that the tutor Mr Robert Burnet of Glenbervy is unwilling to doe any thing in the matter without the saids Lords previous modificatione It is Therfore Necessar that the saids Lords as in a case aliementary And to remove the tutors deficultie who is ready to acquiesce in the saids Lords sentance, to determine and ordaine what is Just and right as to the forsaid aliement And Seing that it is apparent by the Condition of the estate and morbodies being only And and³ that ther remaines yet five or six years of his pupilarity for all which time from his fathers decease untill the expryzeing of his pupilarity It is necessar that ane honest aliement be modified both for his letter subsistance and education and Likewayes for the tutors exoneration, And Therfore humbly Craveing the saids Lords to modifie the forsaid monbodes aliement for the years past as is above remarked, and likwayes to modifie and appoint what shall be given for his aliement for hereafter dureing his pupilarity And to ordaine the Samen upon the Said Lords Cognition of the Case to be payed in to his said mother and her spouse for bygones And Likewayes in time comeing so long as her said sone shall reside with her Especially Seing that the Case is plaine and uncontraverted And that the tutor doeth only want for the saids Lords Modification as the petition at more length bears Which being read in presence of the saids Lords of privy Councill They Recomended to a Comittie of ther oun number to Consider the same, and the Comittie having mett They returned ther oppinion in the termes following That they haveing heard Sir Thomas Burnett Concerning the Condition of the minors estate And also seen a letter from the tutor Consenting that ane aliement be Modified albeit it be not ordinary to modifie or give ane aliment for time past when the Same is Sought out of Necessitie yet seing in this case all Desired Is a modification by the Lords of privy Councill to be a rule for the tutor upon the Consideration of the wholl matter are of opinion that for the years bygone ther may be modified four hundred merks and for the years to come Six hundred merks untill he be fourtein years of age In Regaird that he is now grown up and must be educat and have a pedagogue and a servant And the saids Lords haveing this day Considered the above report They herby approve therof And Modifies the sum of four hundred merks yearly for the petitioners aliement for all years by gone Since the petitioners fathers decease to the terme of mertimiss last, And the Sum of Six hundreth merks yearly Since Syne and in time comeing untill he attaine the age of Fourtein years And Ordaines the same to be payed in be Montbody and his tutors to his mother and her husband for his intrest for bygones and in time comeing So long as her sone shall reside with her the termes of payment being allwayes first come and others And Ordaines letters of horning on fiftein dayes under the signet of Councill and others needfull to be direct hereon in form as effeirs.