Procedure, 19 December 1704, Edinburgh

Edinburgh The 22d March 1704

D1704/3/6

D1704/3/6¹

Act

Act Infavours of Alison Grahame Relict of the deceast Robert Hunter of Burnside

Anent The petition given in and presented to the Lords of Her Majesties privie Councill By Alison Grahame relict of the deceast Robert Hunter of Burnside Shewing That by Contract of marriadge past betuixt the said Robert Hunter of Burnside and the petitioner off the date the nynteen of Jully 1700. The petitioner is provyded in Six Cahlders victuall yearly for her lyferent provision in caice of her survivance which altho very small considering the petitionres birth, Education and what she brought to the family yea she would not grudge the same But that the petitioner finds through her husbands not being infeft The petitioner hes not ready access upon her Contract of Marriage to the forsaid provision Since the petitioners husbands Decease which was in February 1702 The petitioner hes been using all the fair means possible with her sons Tuttors for a suitable aliment and provision but they altogither refuise to give the petitioner any help for Her Sustenance And Therfore The petitioner hes raised ane proces For implement off the Contract off marriage befoir the Lords of Councill and Session which will take more time er’e it can be brought to a period then the petitioners straits will allow her Considering that it is now a year and a half since the petitioners husband died Dureing which tyme The petitioner hes got nothing altho she hes maintained her son and posthumus daughter with there attendents all that time and have lykewayes been considerably in advance for mournings at her husbands death and for necessars at the birth of her said posthumus Daughter Therfor The petitioner is necessitat to represent To their Lordships 1mo That the petitioner brought a Compitent provisien with her to the family 2do. That her son succeeded to ane opulent fortune of about Tuenty Four Chalders victuall and Two Thousand merks money yearly and that her provision is but very small not above the seventh pairt of her husbands yearly rent and 3tio That the petitioner hes aposthumus Child to maintain all which The petitioner hes done for this year and a half by gone without any assistance From her sone or his Tutters And seeing her depending proces befoir the session may take sometyme befoir it be Concluded and that the petitioner cannot in the meantime starve And that nature obleidges Children of ane opulent fortune to the sustenance of their parents And Therfore Creaving their Lordships To allow the petitioner Eight hundereth merks yearly off aliment for her self and the lyke soume off Eight hundereth merks yearly of aliment for the heir and his sister and their servants dureing their aboad with the petitioner their mother To be payed furth of the yearly rent of Her said sons Estate Commencing from Whyttsunday 1702 and that quarterly till the event of the forsaid proces off such ane compitent aliment as their Lordships shall think fitt As the said petition bears Which petition Being upon the Fourthteen off March instant Read in presence of the saids Lords off privie Councill They appointed the samen to bee seen and answered the nixt Councill day The Lords of Her Majesties privie Councill Haveing upon the day and date of thir presents Considered the petition given into them By Alison Grahame relict of the Deceast Robert Hunter of Burnside Togither with the Contract of Marriage past betuixt them And the samen being read in their presence The saids Lords Doe heirby Modefie and allow to the petitioner The soume off Eight hundered pound scots for her self and Four Hundered pounds for her son and Daughter To be payed to the petitioner of yearly aliment for her self sone and Daughter as said is dureing their aboad with the petitioner ther mother And Appoints and Ordaines The said aliment To be payed furth of the yearly rent of her said sons Estate and that at Two termes in the year Whyttsunday and Martimess be equall portiones Beginning the first termes payment at the terme off Whyttsunday J^aj vi^c and two years and yearly thereafter ay and whill the Event off the proces for aliment befoir the Lords of Session at the petitioners instance be discust And appoints and ordain’s Letters of Horning under signet of Councill To be direct hereupon againest Factors, Chamberlains, of the said Estate For payment of the Forsaid soume of Eight Hundered pound scotts of yearly aliment as said is at the termes abovementioned And in caice there be noe factors or Chamberlains on the said Estate. Appoints and Ordaines The saids Letters of Horning To be direct against the said Tennents and possessors thereof upon ane list to be given in by the petitioner subscryved by her of the saids tennents To the Clerks of Councill for that effect And appoints the petitioners Dischairge thereof by her self alone to be sufficient