Act, 3 March 1702, Edinburgh

Procedure, 24 December 1702, Edinburgh

Att Edinburgh the thrid day of March 1702

D1702/3/31

Act

Act for ane Aliment to Janet Bruce lady Auchinbuy

Anent the petition given in and presented to the Lords of his majesties privie Councill by Janet Bruce of Auchnabowie Showeing That Captain Wiliam Bruce younger of Newtoun the petitioners Husband fell into ane unhappie accedent, for which he was declaired fugitive and his liferent (which was the interest he had in the petitioners Estate) was gifted by the Lords of his majestie Thesaurie to Magor George Monro Husband to Margaret Bruce the petitioners second sister, and appearand air of Lyne, and Tailzied to the Estate of Auchnabrok2 for the behoofe of her Fathers Creditors, which she acknowledges was ane act of Great Justice and favor, But the tenants being summoned before whitesunday last, in the declarator att the Donators instance, since that tyme, they refuise to the give the petitioner any parte of Rent, without which she Cannot live, Therefore Humbly Beseeching That the saids Lords might be Graciously pleased to ordain the petitioner ane aliment out of the said Estate, of six hundred merks yearly, which It may bear, with, the annualrents of the debts, there being some superplus rent for the Creditors ther further payment and Especially Seing for ther Encouragement the petitioner is most willing and does hereby obleidge herselfe to make a present setlement of the Estate, wpon the said Margaret Bruce her sister, and her said Husband, Reserveing alwayes the right of the Childeren, which may happen to be procreat of the petitioners own body by any laufull mariage, and that att the sight and by the advyce and direction of My Lord Boyll,3(of whose famely the petitioner hes the honour to be descended), to the end the must effectual Courses may be taken, for payment of the debts, and she binds and obleidges her that the said setlemen shall be made with a Speciall reguard to the Creditors they being alwayes to be Satisfied in the first place, and also Conform to the Tailzie of the said Estate dated att Edinburgh the eighteenth day of Apryle one thousand six hunder and nynty five yeares, that the Creditors and aires of Tailzie may be satisfied, That the petitioner had no hand in Caryeing away the writers of the Estate, by Alexander Bruce brother to her said Husband att the Direction of his Father, Wiliam Bruce of Newtoun, elder, which was done albeit they reported that it was, with her Consent, whereupon she was Charged as ane partie For which Ryot the Creditors and aires of Tailzie with Concurse of his majesties advocat, raised a Complaint (which is depending before the saids Lords of privie Councill) against the saids Wiliam and Alexander Bruces, who 4(to prevent the effect of the said Complaint) acknowleged their fault and brought the writtes, to his majesties advocat, and the remanent persuars, earnestly requested his Lordship, to accept of them, But they have many more writtes, and these very Considerable, which they still retain and Sayes, they will produce Inventars of them, only albeit they have no maner of Interest in the Estate, and seing it belongs to ther Lordships to pressrve the rights of the Leidges from all divell It was Therefore Craved to the effect after mentioned as the said petition bears The Lords of his majesties privie Councill haveing Considered this petition Given in to them by Janet Bruce, They hereby allow to the said Janet yearely, dureing her lifetyme att whitesunday and martimes, by equall portions ane aliment of five hundreth merk, furth of the Estate of Auchnabowie and ordains the Chamberlines tenants, factors, and donators to make payment thereof, to her beginneing the first termes payment, thereof att whitesunday nixt, and ordains Wiliam Bruce of Newtoun, and Alexander Bruce his sone to Deliver wp to the Lord Boyll all the writtes which are in ther hands, Custody and keeping, whereof they offer Inventars, and Sir James Stewart his majesties advocat to deliver wp the writtes which were depositat in his hands by the said Wiliam Bruce of Newtoun, Alexander Bruce his Sone, to the said Lord Boyll, to remain in his Custody untill the setlement of the Estate of Auchinbowie, be Compleited and determined

Att Edinburgh the thrid day of March 1702

D1702/3/31

Act

Act for ane Aliment to Janet Bruce lady Auchinbuy

Anent the petition given in and presented to the Lords of his majesties privie Councill by Janet Bruce of Auchnabowie Showeing That Captain Wiliam Bruce younger of Newtoun the petitioners Husband fell into ane unhappie accedent, for which he was declaired fugitive and his liferent (which was the interest he had in the petitioners Estate) was gifted by the Lords of his majestie Thesaurie to Magor George Monro Husband to Margaret Bruce the petitioners second sister, and appearand air of Lyne, and Tailzied to the Estate of Auchnabrok2 for the behoofe of her Fathers Creditors, which she acknowledges was ane act of Great Justice and favor, But the tenants being summoned before whitesunday last, in the declarator att the Donators instance, since that tyme, they refuise to the give the petitioner any parte of Rent, without which she Cannot live, Therefore Humbly Beseeching That the saids Lords might be Graciously pleased to ordain the petitioner ane aliment out of the said Estate, of six hundred merks yearly, which It may bear, with, the annualrents of the debts, there being some superplus rent for the Creditors ther further payment and Especially Seing for ther Encouragement the petitioner is most willing and does hereby obleidge herselfe to make a present setlement of the Estate, wpon the said Margaret Bruce her sister, and her said Husband, Reserveing alwayes the right of the Childeren, which may happen to be procreat of the petitioners own body by any laufull mariage, and that att the sight and by the advyce and direction of My Lord Boyll,3(of whose famely the petitioner hes the honour to be descended), to the end the must effectual Courses may be taken, for payment of the debts, and she binds and obleidges her that the said setlemen shall be made with a Speciall reguard to the Creditors they being alwayes to be Satisfied in the first place, and also Conform to the Tailzie of the said Estate dated att Edinburgh the eighteenth day of Apryle one thousand six hunder and nynty five yeares, that the Creditors and aires of Tailzie may be satisfied, That the petitioner had no hand in Caryeing away the writers of the Estate, by Alexander Bruce brother to her said Husband att the Direction of his Father, Wiliam Bruce of Newtoun, elder, which was done albeit they reported that it was, with her Consent, whereupon she was Charged as ane partie For which Ryot the Creditors and aires of Tailzie with Concurse of his majesties advocat, raised a Complaint (which is depending before the saids Lords of privie Councill) against the saids Wiliam and Alexander Bruces, who 4(to prevent the effect of the said Complaint) acknowleged their fault and brought the writtes, to his majesties advocat, and the remanent persuars, earnestly requested his Lordship, to accept of them, But they have many more writtes, and these very Considerable, which they still retain and Sayes, they will produce Inventars of them, only albeit they have no maner of Interest in the Estate, and seing it belongs to ther Lordships to pressrve the rights of the Leidges from all divell It was Therefore Craved to the effect after mentioned as the said petition bears The Lords of his majesties privie Councill haveing Considered this petition Given in to them by Janet Bruce, They hereby allow to the said Janet yearely, dureing her lifetyme att whitesunday and martimes, by equall portions ane aliment of five hundreth merk, furth of the Estate of Auchnabowie and ordains the Chamberlines tenants, factors, and donators to make payment thereof, to her beginneing the first termes payment, thereof att whitesunday nixt, and ordains Wiliam Bruce of Newtoun, and Alexander Bruce his sone to Deliver wp to the Lord Boyll all the writtes which are in ther hands, Custody and keeping, whereof they offer Inventars, and Sir James Stewart his majesties advocat to deliver wp the writtes which were depositat in his hands by the said Wiliam Bruce of Newtoun, Alexander Bruce his Sone, to the said Lord Boyll, to remain in his Custody untill the setlement of the Estate of Auchinbowie, be Compleited and determined

1. NRS, PC2/28,161v-163r.

2. Sic.

3. Closing bracket missing.

4. Closing bracket missing.

1. NRS, PC2/28,161v-163r.

2. Sic.

3. Closing bracket missing.

4. Closing bracket missing.