Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the threttie day of March J^aj vi^c nyntie six yeirs

D1696/3/18

D1696/3/18¹

Act

Act Lady Whitesland

Anent the petitione given in to the Lords of his majesties privie Counsell be Jean Hay relict of the deceast Thomas Scott of Whitseland Shewing That wher Thomas Scott of Whiteseland the petitioners Late husband is deceased Leaveing behind him seven sones wherof the eldest hes not yet attained the yeirs of pupillaritie And hath made no bonds of provisione for the younger children nor left any moveable estate wherunto they can succeed as executers or nearest of kin to him for ther aliment and educatione In respect his moveable debts will more then exhaust his moveable estate And in respect Thomas Scott now of Whitsland the petitioners eldest sone deoth succeed to his father in ane oppulent estate for more then will satisfie to mentaine himself and pay his aboverents his estate extending to nyn thousand merks yeirly And that reasone requyres the remanent younger childrein should be alimented and educat out of her fathers meanes and estate untill they attaine to such yeirs as they may be capable to provide for them selves And that the saids Lords of privie Counsell are in use in Such caices to modifie ane aliment for the mentainance and educatione of younger childrein who are Destitut of provisiones And therfore humbly craveing the Saids Lords to grant warrand to the tutors and curators of the said Thomas Scott of Whitsland the petitioners eldest Sone to pay in Such Soumes as Shall be imployed for the mentainance and educatione of his younger breitheren to these who Shall be appointed by the Saids tutors and curators to have the charge of them not exceeding the Soume of Twelve Hundereth punds Scotts to be modified by the saids Lords to be annwallie payed in to them Dureing her eldest Sone his immoritie from whitsonday Last by past As the said petitione bears Which petitione being red in presence of the saids Lords of privie Counsell They appointed a comittie of ther own number to consider the Same and to call for and hear any persones whom they Should think fitt therupon And the Comittie haveing accordingly mett and haveing Sein the rentall of the estate of whitsland by which the petitioner compts to Whitslands tutors They find the rentall to extend to Four Thowsand Four Hundereth and threttie Seven pund over and above The Ladyes Jointure yeirly out of which ther is to be deduced Two thousand eight Hundereth and one pund as the rentall of the debts burdening the estate which being deduced they find that the frie rent of the estate over and above the Ladyes Jointure and the annualrent of the debts Extends to Ane Thousand Six hundereth Seventie thrie pund eight Shilling Scotts The Comittie this day made ther report to the Counsell And The Lords of privie Counsell haveing considered the petitione with the Comittie report And finding that the Lady hes Six Severall Sones besydes the air They have modified and heirby modifies the Soume of Twelve Hundereth merks yeirly for the aliment of the saids Six Sones besyde the heir And appointes the said aliment to comence from the terme of whittsonday Last bypast And decernes and ordaines […] of Whitsland and his tutors and curators if he any hes for ther interest to make payment and Satisfactione to the Said Jean Hay petitioner of the Said Soume of Twelve hundereth merks yeirly for the aliment of her saids six childrein besydes the heir at two termes in the yeir whittsonday and Mertimes be equall portiones Begining the first yeirs payment at the terme of whittsonday next to come as for the yeir preceeding And Swa yeirly and termly therefter in all tyme comeing And the Saids Lords of privie Counsell declairs this aliment to be frie of all publict burdens And ordaines Letters of Horning on fiftein dayes and others needfull wnder the Signet of Counsell to be direct heiron in forme as effeirs