Act, 4 August 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the Fourth day of August Jaj vjc Nyntie two years ante meridiem

D1692/8/161

Act

Act Earl of Kilmarnocks brother and Sisters

Anent a Petition given in to the Lords of their Majesties Privy Councill be Mr Alexander Ladie Catharin, and Lady Margrat Boyds brother and sisters german to the deceast William Earle of Kilmarnock Shewing That the said deceast William Earle of Kilmarnock the petitioners brother Considering that the said Lady Catharine and Margrat Boyds hade no patrimony provyded to the petitioners be their deceast father, He was pleased to grant the petitioner bonds of provision for the soume of Eight Thousand merks to the said Ladie Catharine and Four Thousand merks to the said Lady Margrat, But ther is no patrimony at all provyded to the said Mr Alexander aither be father or brother, And the petitioners being in familly with their brother at the tyme of his decease which was about the terme of Whitsunday last The tutors of William now Earle of Killmarnock And the freinds of the familly Doe not only refuse to deliver up the saids bonds of provisione, upon the account that they allege the same was granted upon death bed, or to make payment to the said Lady Cathrin and Margrat Boyds of the intrest of the said provision Bot Lykewayes Doe Refuse to Continue to aliment or mantaine the petitioner or to give the said Mr Alexander a Competent allowance for carieing the petitioner abroad in the qualitie of ane gentlman that he may be capable to follow his Sword and mantaine himself without being burdensome or Discreditable to the familly So that they are necessitate to commence a proces at their instance before the Lords of session against Mr Robert Stewart advocat and Mr John Boyd one of the Regents of the Collodge of Glasgow tutors testamentars to the said William now Earle of Killmarnock for constituteing and modifieing ane aliment to the petitioners out of their fathers and brothers estate And seing that in the ordinar forme of procedure before the Lords of Session It would be a Considerable tyme before that in the ordinary forme of procedure before the Lords of Session It would be a Considerable tyme before that the process could be brought to any Isue And that in the mean tyme the petitioners are absolutly Destitute of all means of subsistance And Therfore Humbly Craveing the saids Lords to take the premisses to their Consideratione and to modifie such a soume as the saids Lords should think meet and convenient for the aliment of them the said Lady Catharine and Lady Margrat Boyds termly from the death of their said brother untill the forsaid aliementar process before the Lords of Session could be Conveniently brought to a period And to ordaine the said Mr Robert Stewart and Mr John Boyds tutor forsaid To make punctuall payment to the petitioners formerly And Lykwayes that the saids Lords would be pleased to Decerne and ordaine the said Mr Robert Stewart and Mr John Boyds to make payment to the said Mr Alexander Boyd of such soume as the saids Lords should be pleased to modifie for his aliement and mantinance from the terme of Whitsunday last that his brother dyed till ane convenient occasion offer of Transporting himself to Flanders to serve in his majesties army as also of so much more as the said Lords should Judge convenient for puting of him in equipage 2 to goe abroad, As the said petition bears Which Being Read in presence of the saids Lords They Ordained answers to be made therto be the Earle of Killmarnocks tutors who accordingly haveing given in the3 answers underwritten Viz That the tutors hade very good reason to deny payment of any part of the said provisiones which was granted be the said Earle of Killmarnock on death bed seing it is ane uncontraverted principall in law that deeds on death bed cannot prejudge the air, And as to the aliment Craved to be modified to the Ladies in the mean tyme, Untill the forsaid aliementarie process before the session should be brought to a period It is answered that albeit that by the law of nature fathers are oblidged to aliement their Childrein, and which is Lykewayes sometyme extended against brothers for aliementing their brothers and sisters dureing their infancie and less age Yett ther is neither Law nor custome, which could obleidge a nephew to aliement his aunts and uncles who are Majors at least Majordati proximis Lykeas the familly of Killmarnock is very low and exeidingly burdened with debt In so much that after payment of the annualrents of the debts and after deductione of the Countes her Lyfrent their would not be so much free as may mantaine the Earle himself and his brother who is ane infant of thrie years of age In Respect quherof It is was hoped the Lords of privy Councill would be tender in Burdening the pupill with aliement to his saids aunts and uncle the condition of the familly being Exceiding low In so much that he himself will be oblidged to pursue for ane aliement of his mothers Joyntur Which Petition and answers abovewritten being read in presence of the saids Lords They Recommended to a Comittie of their oun number to meet with the parties, And indeavor to setle the said matter and report their procedor to the saids Lords who haveing mett with the parties and this day made their verball report The saids Lords Doe heirby Modifie the Soume of Six Hundred merks to the above Lady Catharin Boyd and the soume of Ane hundreth and Thrie scors punds to the above Lady Margrat Boyd for their aliment for the space of a year Comensing from the terme of Whitsunday last past to Whitsunday nixt to come And to the above Mr Alexander Boyd the Soume of six hundreth merks for his aliement and equiping him to goe to Flanders and Decernes and Ordaines the said Mr Robert Stewart and Mr John Boyd tutors to the Earle of Kilmarnock to make payment of the Soumes modified as said is And Ordaines letters of horning on fiftein dayes warning to be direct heiron and others needfull in forme as effeirs.

Edinburgh the Fourth day of August Jaj vjc Nyntie two years ante meridiem

D1692/8/161

Act

Act Earl of Kilmarnocks brother and Sisters

Anent a Petition given in to the Lords of their Majesties Privy Councill be Mr Alexander Ladie Catharin, and Lady Margrat Boyds brother and sisters german to the deceast William Earle of Kilmarnock Shewing That the said deceast William Earle of Kilmarnock the petitioners brother Considering that the said Lady Catharine and Margrat Boyds hade no patrimony provyded to the petitioners be their deceast father, He was pleased to grant the petitioner bonds of provision for the soume of Eight Thousand merks to the said Ladie Catharine and Four Thousand merks to the said Lady Margrat, But ther is no patrimony at all provyded to the said Mr Alexander aither be father or brother, And the petitioners being in familly with their brother at the tyme of his decease which was about the terme of Whitsunday last The tutors of William now Earle of Killmarnock And the freinds of the familly Doe not only refuse to deliver up the saids bonds of provisione, upon the account that they allege the same was granted upon death bed, or to make payment to the said Lady Cathrin and Margrat Boyds of the intrest of the said provision Bot Lykewayes Doe Refuse to Continue to aliment or mantaine the petitioner or to give the said Mr Alexander a Competent allowance for carieing the petitioner abroad in the qualitie of ane gentlman that he may be capable to follow his Sword and mantaine himself without being burdensome or Discreditable to the familly So that they are necessitate to commence a proces at their instance before the Lords of session against Mr Robert Stewart advocat and Mr John Boyd one of the Regents of the Collodge of Glasgow tutors testamentars to the said William now Earle of Killmarnock for constituteing and modifieing ane aliment to the petitioners out of their fathers and brothers estate And seing that in the ordinar forme of procedure before the Lords of Session It would be a Considerable tyme before that in the ordinary forme of procedure before the Lords of Session It would be a Considerable tyme before that the process could be brought to any Isue And that in the mean tyme the petitioners are absolutly Destitute of all means of subsistance And Therfore Humbly Craveing the saids Lords to take the premisses to their Consideratione and to modifie such a soume as the saids Lords should think meet and convenient for the aliment of them the said Lady Catharine and Lady Margrat Boyds termly from the death of their said brother untill the forsaid aliementar process before the Lords of Session could be Conveniently brought to a period And to ordaine the said Mr Robert Stewart and Mr John Boyds tutor forsaid To make punctuall payment to the petitioners formerly And Lykwayes that the saids Lords would be pleased to Decerne and ordaine the said Mr Robert Stewart and Mr John Boyds to make payment to the said Mr Alexander Boyd of such soume as the saids Lords should be pleased to modifie for his aliement and mantinance from the terme of Whitsunday last that his brother dyed till ane convenient occasion offer of Transporting himself to Flanders to serve in his majesties army as also of so much more as the said Lords should Judge convenient for puting of him in equipage 2 to goe abroad, As the said petition bears Which Being Read in presence of the saids Lords They Ordained answers to be made therto be the Earle of Killmarnocks tutors who accordingly haveing given in the3 answers underwritten Viz That the tutors hade very good reason to deny payment of any part of the said provisiones which was granted be the said Earle of Killmarnock on death bed seing it is ane uncontraverted principall in law that deeds on death bed cannot prejudge the air, And as to the aliment Craved to be modified to the Ladies in the mean tyme, Untill the forsaid aliementarie process before the session should be brought to a period It is answered that albeit that by the law of nature fathers are oblidged to aliement their Childrein, and which is Lykewayes sometyme extended against brothers for aliementing their brothers and sisters dureing their infancie and less age Yett ther is neither Law nor custome, which could obleidge a nephew to aliement his aunts and uncles who are Majors at least Majordati proximis Lykeas the familly of Killmarnock is very low and exeidingly burdened with debt In so much that after payment of the annualrents of the debts and after deductione of the Countes her Lyfrent their would not be so much free as may mantaine the Earle himself and his brother who is ane infant of thrie years of age In Respect quherof It is was hoped the Lords of privy Councill would be tender in Burdening the pupill with aliement to his saids aunts and uncle the condition of the familly being Exceiding low In so much that he himself will be oblidged to pursue for ane aliement of his mothers Joyntur Which Petition and answers abovewritten being read in presence of the saids Lords They Recommended to a Comittie of their oun number to meet with the parties, And indeavor to setle the said matter and report their procedor to the saids Lords who haveing mett with the parties and this day made their verball report The saids Lords Doe heirby Modifie the Soume of Six Hundred merks to the above Lady Catharin Boyd and the soume of Ane hundreth and Thrie scors punds to the above Lady Margrat Boyd for their aliment for the space of a year Comensing from the terme of Whitsunday last past to Whitsunday nixt to come And to the above Mr Alexander Boyd the Soume of six hundreth merks for his aliement and equiping him to goe to Flanders and Decernes and Ordaines the said Mr Robert Stewart and Mr John Boyd tutors to the Earle of Kilmarnock to make payment of the Soumes modified as said is And Ordaines letters of horning on fiftein dayes warning to be direct heiron and others needfull in forme as effeirs.

1. NRS, PC2/24, 94v-96r.

2. The words ‘as the’ scored out here.

3. Insertion.

1. NRS, PC2/24, 94v-96r.

2. The words ‘as the’ scored out here.

3. Insertion.