Act, 28 December 1693, Edinburgh

Edinburgh the Twentie sixth day of December J^aj vj^c nyntie thrie

D1693/12/32

D1693/12/32¹

Act

Act In favors of the Lady St Leonards for ane aliement

Anent a Petitione given in to the Lords of their St Leonards Shewing That quher her husband being Imployed as ane officer in his majesties Service he was necessitate to leave this kingdome and did intrust the managing of this affairs to Thorndykes and did grant him ane disposition to the rents of his lands dureing his lifetyme and did burdein the same with five hundred merks of yearly annuitie as ane aliement privision for my intertainment and quhich wes but very small and inconsiderable when it is Considered That I brought allong with me to his familly ane Considerable Soume of money besides ane lyfrent annutie of 1200 lbs yearly quhich he has uplifted and possessed since the time of our mariadge quhich wes about Eight years agoe and over and above he has ane seperat estate extending to ane thousand merks yearly rent and Thorniedykes having neglected to pay to me the forsaid soume the petitioner was therby redacted to great necessitie and was necessitate to give in ane petition to the saids Lords Craving that they might be pleased to apoint her ane aliement suitable to her husbands conditione But this was refused upon answers given in be Thorndykes quherin he alledged that her husband was owing debts extending to the 24000 merks Bot that he still protected he was willing of the saids Lords interposed ther authoritie to pay to her the 500 Merks Conforme to her husband Disposition But now he declynes even to doe this The petitioner does therfore humbly represent the saids Lords That it has been Constantly the Custome to modifie aliements to wifes when ther husbands treats them with the least severitie and heir by her husbands withdrawing and not Cohabiting with her and disponeing her estate to Thornydykes she is at the point of Starving and he having been now thrie years abroad she was Content to depone that she has not hade from him or his factor above thrie hundred merks scots dureing all the forsaid time neither is his estate possest by Creditors and it is so far from being true that his Debts doe extend to 24000 merks that he owes not above Eight at most and has ane seprat estate quhich is suficient for paying twyce alse much and that besyde her Joynture And seing I ame this Circumstantiat she could have no remieed but by the saids Lords Justice and Clemencie And Therfore humbly Supplicating to the effect aftermentioned The Lords of ther majesties privy Councill having Considered this petition given in them be the above Lady St Leonards which Mr Alexander Brown of Thorniedykes being allowed to see and answer gave in no answer therto with the factory Granted by the Ladies husband to the said Mr Alexander They ordaine the said Mr Androw Brown of Thorny-dykes To make payment to the petitioner of the soume of five hundred merks for the aliement of the petitioners and her familly yearly for all years since her husband went abroad and in time Comeing untill he returne dureing the continuance of the said factory the termes of payment being allwayes first come and bygone, And Ordaines the said Mr Alexander to enter her to the possession of the house yeards and parks of St Leonards with the baynes and Cariadges of the said estate and ane horss grass conforme to her husbands disposition or factorie and the saids Lords Declaires that this aliementary provision shall no wayes be Lyable to the Ladies husbands Creditors And ordaines letters of horning on 15 dayes and others needfull to be derect heiron under the Signet of Councill.