Act, 28 December 1693, Edinburgh

Edinburgh the Twentie fifth day of August J^aj vj^c nyntie thrie years

D1693/8/13

D1693/8/13¹

Act

Act The Lady Craigie

Anent a Petition given in to the Lords of their Majesties privy Councill be Dame Jean Meinzies Lady Craigie Shewing That quher the petitioner haveing received nothing out of the estate of Craigie after the twentie thrid day of September J^aj vj^c Eightie Eight years, The Chamberline haveing from that day refuised to give any thing towards the mantinance of her self her Child and Servants, And the estate being sequestrat, The petitioner was necessitate in June J^aj vj^c Nyntie to apply to the saids Lords of privy Councill for ane aliement out of it And her petition being heard, The Lords did appoint ane Comittie to Consider her contract of mariadge Which being done, The said Comittie found that the petitioner was provyded by Contract infeftment and Confirmation to ane annuitie of Thrie thousand merks yearly, And that the petitioner hade brought with her ane opulent fortune, And that it was therfore her opinion that she should have the Annuitie of Thrie Thousand merks payed to her for her oun and her daughters subsistance and aliement out of the first and readiest of the maills of the lands and others pertaineing to her husband cropt and year J^aj vj^c Eightie nyne, And that letters of horning should be direct for payment therof Upon this report ther followed ane act of Councill dated the sixteinth day of June J^aj vj^c nyntie years, Approveing the same both as to the quota and maner of payment Bot ther being a clause adjected that it should be but prejudice of the intrest of the Creditors And the warrand for letters of horning to pass theron being altogither left out The said act of Councill is become of no use to her and all her paines and expenses both in obtaineing the act and in carieing on persuits against the factor and tennents (which was considerable (her present condition Considered) It intirly frustrat In so farr as that when the petitioner hade intimat the act to² the factor and tenents and processed them before the inferior Judicators, They obtruded so many payments made to Creditors upon furth comeings and otherwayes that ther was no fond left for payment of her aliement nor any part of it, And now the petitioner who was maried bot a litle before the revolutione and is a down right Stranger in the west wher her husbands estate Lyes and his relationes Live, And has now Lived for near thrie years with her child and Servants at Edinburgh without so much as ane farthing from her husband his relationes or out of his estate, And might have Starved if she hade not gott some small supply from freends of her oun and who being now unable to continue that, And in regaird of their oun circumstances she is redacted to very great straits And is forced anie more to address to the saids Lords for a remeedy hopeing her case will be Considered according to the merit of it, And her yearly aliement Secured to her by a new act without any such Clause as may render it ineffectuall at least that she may be preferred to all others And that warrand be given for letters of horning to pass against the present factor and his successors for the said year J^aj vj^c Eightie nyne and yearly therafter and in time comeing And Therfore Humbly Craveing the saids Lords would Consider the premisses and of new ordaine the factor and other intromettors with the said estate of Craigie present and to come To make payment to the petitioner of the said yearly aliement of Thrie Thousand merks for the said year J^aj vj^c Eightie nyne the years J^aj vj^c nyntie, and nyntie one And in tyme comeing and give warrand for letters of horning to pass theron as the said petition bears The Lords of their majesties privy Councill haveing considered this petition given in to them be the above Dame Jean Menzies Lady Craigie, And that the Creditors, factors and others concerned were allowed to see and answers the said petition, bot have returned no answers therto Doe heirby Declare the aliement in her favors of the date the sixteinth day of June J^aj vj^c nyntie to be preferrable to the Creditors And Ordaines the said aliement to be payed to the petitioner for the cropt and year J^aj vj^c Eightie nyne preferable to all Creditors And Ordaines letters of horning on Fiftein dayes and others needfull under the signet of Councill to be direct at the petitioners instance against the factors Chamberland and tenants of the petitioners husbands estate she allwayes first Condescending upon the names and Designationes of the saids factors Chamberlands and tenants and particular quantities of the rents payable be the tennants to be insisted in the Ladys letters And Recalls the former Deliverance upon this bill of the date the twentie Eight day of June last by past And Discharges the extracting or booking therof and appoints the same to be cancelled.