Decreet, 29 December 1698, Edinburgh

Att Edinburgh the twentie fourth day of Febrwary J^aj vi^c nyntie eight yeirs

D1698/2/13

D1698/2/13¹

Act

Act for aliment Grant Lady Haggs

Anent the petitione given in to the Lords of his majesties privie Counsell by Dam Mary Grant relict of the deceast Sir Alexander Hamiltowne of Haggs and now Spouse to William Johnstowne of Graitney Shewing That the petitioner is Sore to expose the conditione and Straites of her and her sone to ther Lordships But necessitie is constrained by no Lawes And ther Lordships are in a peculiar maner the protectors of those who cannot well provide for themselvs as wnder his majestie fathers of ther Cowntrie The petitioner had ane opulent Liferent of Two Thowsand two hundereth and fiftie merks (cess and other publict burdens dedwced) yeirly from her deceast husband owt of his Lands of Haggs As appears by the Samen and the rentall of the Lands therwith prodwced This her present husband and his creditors have uplifted ever since her Last mariage for these […] yeirs bygone while in the mean tyme the petitioner hes bein redwced to Live in² very narrow circumstances tho She had the burden not only of the aliment and educatione of her said son of the first mariage But also of provisione for her present familie Notwithstanding wherof the petitioner hes driven it off till Lately that by her hwsband and his creditors ther uplifting and affecting the rents She hes not had fiftie merks Scotts Since Whittsonday Last for defraying the burdens before exprest wherby efter selling or impignorating of any valweable wttencills belonging to herself She hes bein necessitat to contract debts And now haveing no furder fond of credit She is become wtterly destitute her freinds applyed to her husband for his granting a tack of her liferent Lands That Less then a competent pairt of the tack dwety might be payed to her for aliment of herself her son and family Her husband does indeed Subscribe the tack (therwith produced) blank in the tacksemen the tack dwety and price of the victwall But he by the advice of evell Councellors being pleased to keep the victwall at soe extravagant a price that non could be fownd to take the tack the bargaine is eluded and the petitioner left upon ther Lordships Justice and Commiseratione Ther is nothing more congwwows to Law and naturall equitie then that the petitioner should be alimented out of her own And the acts of parliament expressly provide that the appeirand Air owght to be alimented owt of the Lands Liferented when he hath no frie rent besydes neither could the petitioners Superindwceing ane husband wherby his creditors come to affect those rents exclude her son or her from this right and naturall priviledge which they had anterior therinto And therfore humbly craveing to the effect eftermentioned As the said petitione bears The saids Lords of his majesties privy Counsell haveing considered the above petition And ansuers therto by Archbald Hamiltowne of Haggs And Likewise ansuers therto by Graitneyes Creditors upon the tenth day of Febrwary instant they appointed a Comitie of ther own number for considering the said petitione And Severall Ansuers foirsaids made therto And to hear the said Archibald and the saids Creditors of Graitney therupon Which Comitie haveing this day made ther verball report to the Counsell in the said mater And the saids Lords haveing considered the Comities Verball report Beareing that the creditors were content that ane aliment might be assigned to the Lady out of the Jointure She hath by her first husband Executione being reserved to the Creditors against The Ladyes present husband who is only ther debitor And that for Soumes not very considerable The Saids Lords doe heirby appoint and allow ane aliment to the Said Lady of Twelve hundereth merks yeirly Togither with the customes out of the Jointure formerly allowed to her of her first husband to be payed by the tennents and possessors of her Jointure Lands and that at two termes in the yeir by way of advance commenceing the said aliment from the terme of whitsonday Last bypast And decernes and ordaines the tennents and possessors of the said Ladyes Jointure Lands by her first husband instantly to make payment and Satisfactione to the said Lady of the Soume of Six hundereth merks with the Customes from the terme of whitsonday to Mertimes both Last bypast And of the Said Soume with the customes from mertimes Last to whittsonday next at the said terme of whitsonday And of the lyke Soume and customes from whitsonday next to mertimes next at the said terme of Mertimes And of the lyke soume and customes yeirly and termly by way of advance in all tyme comeing dureing the said Lady her lifetyme And ordaines Letters to be direct heron against the tennents to be named in the Letters And that wnder the Signet of Councill upon a charge of fiftein dayes and others in forme as effeirs