Warrant, 31 December 1695, Edinburgh

Edinburgh the Twentie fourth day of January J^aj vj^c nyntie five years

D1695/1/36

D1695/1/36¹

Act

Act The Lady Rentoune against The Laird her husband

Anent the petitione given in to the Lords of his majesties privy Councill be Dame Margaret Scot of Rentoune for her self and Childrein Humbly Sheweth That being unjustly and without Cause abandoned and Deserted by Sir Alexander Home of Rentoune the petitioners husband and abused and betrayed by his freinds to the outer ruine of the petitioner and her poor Cheldrein she does in all humility and earnestness obtest the saids Lords to hear and Consider her caice as Followes The deceast Sir John Home of Rentoune the petitioners husbands father being resolved to setle and secure his estate to his oun posterity and with all Conformed of her husbands weaknes and unfitnes to manage his estate and affairs answerably to the forsaid designe was pleased first to make a taylzie of his estate In favors of the said Sir Alexander and the airs male of his body Which failzieing in favors of Sir Patrick Home his brother and the other airs therinmentioned With strict Irrittances in case of Sir Alexander or any of the airs of Taylie should Contract debt or doe any other deed quherby the taylie might be broken or frustrat and then Considering both Sir Alexanders Conditione and the burdein of debt that was upon his estate, And Finding that both nature reasone and Sir Patrick his educatione did recomend him to that manadgment for which Sir Alexander was unfitt Sir John Grants a factory to Sir Patrick for uplifting the rents of the estate oblidging therby to exact dilligence and to apply his intromissiones to the purging of debts to the effect that so sone as the estate was Disburdened the factory or tack should become void and in the mean time ther is appointed and alocat to Sir Alexander ane aliement of Thrie thousand merks yearly and this factory which in its plaine and obvious Import was ane honest interdictione Sir Patrick accepted and entering upon the manadgment at mertimiss J^aj vj^c seventie one was abundantly dilligent to intromitt But with so ill success as to the Discharge of his trust That dureing his twentie thrie years possession of ane estate estimat at twelue Thousand merks yearly he hath never pay’d one six pence of debt either principall or annualrents otherwayes then by taking assignationes in his oun or in his trusties name But he being oblidged by his factory to compt yearly and ther haveing been a Compt and reckoning Depending against him now these twenty years In which ther is such a prodecor made as by a dew applicatione of the interloquitor given theron and the Advyseing of some discoveries lately made of Concealled rentalls the wholl debt which upon a right Computatione did not exceid Eightie Thousand merks of principall might be satisfied and extinguished Sir Patrick to avoid this visible hazard taking advantage of the petitioners husbands weaknes which is but to weell knowen did the time of this last vacatione use his oun means and methods with him and at length elicits and obtains from him a totall Discharge of all his forsaid intromissions and Omissiones and of all soumes claimes and questiones quhatsomever and specially of the forsaid Depending compt and reckoning upon no better a narrative then that Sir Patrick hade Compted to Sir Alexander which is not only false, But it is But to nottourly known that Sir Alexander is not in a Condition to receive any such account besides that this discharge was gott from Sir Alexander without any other witnes to the treaty or the subscryveing save Sir Patricks oun Servants and Mr John Dallas writter and all that appears to be given on Sir Patricks part for this so advantageous a discharge, Which in effect Imports no Less then the Estalishing of all his adjudicationes and the giving to him the totall and Irredeemable right of the Estates of Rantoune was ane obleisment for thrie thousand merks ore of annuity to Sir Alexander dureing his life, ² This being the sad part of the petitioners desaster from Sir Patrick the petitioners husbands brother and Trustie who by the forsaid surprizeing abuse has in effect subverted his brothers familly and ruined the petitioner and her Cheldrein her misfortune is no Less Calamitous upon the petitioners husbands part who being weak and Mellancholly hath now for these four years bygone wholly Deserted the petitioners Company and society and alse abandoned the intertainement and educatione of ther Tuo Cheldrein wherby ther Lordships might plainly perceive to what a Lamentable extreamity the petitioner is reduced and this her necessity is in effect so much the more increased that the petitioner cannot in duty or Conscience neglect to doe what the petitioner can for haveing the forsaid Compt and reckoning Still Caried one, and the forsaid unwarrantable Discharge with all deeds of the like nature that Sir Patrick may have elicit from his brother Contrair to the trust reposed in him and alse inhibitione served against him Reduced and Rescinded And Seing that not only the petitioner and her Childrein are left destitute, Which the saids Lord might plainly perceive even of ther dayly bread and necessary subsistance But also that they have Caused raised the actiones necessary for repairing the forsaid injuries and restoreing the petitioners poor Childrein against the forsaid Contryvances in the names of her freinds at whose instance executione is provyded to pass by her Contract of mariadge for Implement of the provisiones Conceived in favors of the petitioner and her Cheldrein and that it belongs to the saids Lords as the last refuge of the afflicted and oppressed to provyde the remedies necessary And Therfore Humbly Craveing the saids Lords In Consideratione of her sad misfortune and extream necessity appoint and modifie to her and her said Cheldrein a Competent aliement such as may be suitable for the petitioners ther intertainment educatione of the Childrein the prosecutione of their Just rights to be payed by the petitioners said husband and Sir Patrick in such maner as ther Lordships shall Judge reasonable and for that end to ordine them and especially Sir Patrick upon whom the wholl stress of the affair turnes to answer sumarly according to the saids Lords ordinary practises in the like Cases. as the said petitione bears Which petitione being upon the fiftein day of November J^aj vj^c nyntie four Read in presence of the saids Lords They allowed the said Laird of Rentoune and Sir Patrick Home to see and answer the same againe Tuesday then nixt to come, And they haveing accordingly given in answers therto The said petitione and answers was againe read upon the fourth day of December Last by past and both parties being Called Compeired Mr Hew Dalrymple Mr George Alexander and Mr John Frank advocats for the Lady, And the said Sir Patrick Home Compeiring personally with Sir James Ogilvie Advocat for him and the ³ Laird of Renoune And both parties Being fully heard, The saids Lords Having Considered the bill and answers made therto for the Laird and Sir Patrick with the wrytes produced for either partie They Remitted to a Comittie of ther oun number to Call for and hear both the saids parties And endeavor to setle and agree them in the matter Contained in the said petitione and incase of Deficulty to report ther opinion in the haill matter to the Councill And the said Comittie haveing accordingly mett and Called for and heard both parties or ther Advocats for them They made ther Report to the Councill accordingly And The saids Lords of their Majesties privy Councill Having this day Considered the Committies Report Doe heirby of Consent of the Lady under the protestatione made by her after insert, and of the said Sir Alexander her husband Or his Advocats for him under the protestation made for him in the Contrary Likwayes after insert Decerne and Ordaine the said Sir Alexander to make payment to Dame Margret Scot his Lady for the Soume of Two Thousand merks yearly for the aliement of her and her Childrein Commenceing from the terme of mertmiss Last begining the first quarters payment therof at the terme of Candlmiss nixt as for the quarter preceiding and so furth quarterly to Continue dureing the lifetime of the said Sir Alexander, And for farder Security to the Lady anent the payment of the said aliement Ordaines the said Sir Alexander to assigne her to as much of the first and readiest of the lands of Horsbie Swansfeild and the press as will satisfie and pay the same and this under the protestation made by the Lady That the same shall be no homologation of ⁴any right which Sir Patrick Home has or does pretend to the Lands and estate of Rentoune or any part therof be vertue of the late transactione past betwixt him and the said Sir Alexander Home of Rentoune his brother And Under protestation made be Sir Alexander the Ladies husband in the Contrary And assoylies the said petitions so farr as they extend against him In Relation to the Ladies aliement And ordaines letters of horning One fiftein dayes and other executiones needfull to pass heirupon in forme as effeirs.