Act, 4 February 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the fourth day of February Jaj vic nyntie six yeirs

D1696/2/41

Act

Act In favoures of The Earle of Southerland Anent Lord Arbuthnoets childrein

The Lords of his majesties privie Counsell considering that hes bein severall petitiones given in to them be The Earle of Southerland Anent the aliment and custodie of the deceased Viscount of Arbuthnot his childrein and severall answers made to the said petitiones be Alexander Arbuthnot of Knox in Law to the Saids childrein and Sir Thomas Burnet of Lies his cautioner and Severall Comitties appointed for considering the Samen which have all proved ineffectuall in respect of the differences betuixt the pairties And the Saids Lords haveing also heard both pairties advocats in ther own presence And haveing this day considered the whole mater They have ordained and heirby ordaines the said Alexander Arbuthnot of Knox tutor in Law foirsaid to delyver to the said Earle of Southerland at his Lodgeing in the Abbay or at Leith Robert now Viscount of Arbuthnet And that betuixt and the twentie day of Febrwary instant And decerns and ordaines the custodie of the rest of the saids childrein being Six besyde the Viscount viz John Jean Anna Mary Margaret and Hellen Arbuthnets to belong to and continwe with the said Earle of Southerland with whom they presently are And have modified and heirby modifies the Soume of Eight Hundereth merks Scotts money yeirly to be payed to the said Earle of Southerland by the said Alexander Arbuthnet of Knox tutor in Law foirsaid for the aliment and intertainment of the said present Viscount of Arbuthnet and his pedagogwe and page in bed and board allenarly And ordains the tutor to make payment instantly of the Soume of Two Hundereth merks therof for the said present Viscount his aliment and intertainment in bed and board with his pedagogwe and page till the terme of whittsonday next to come And therefter at two termes in the yeir whittsonday and Mertimes per advance be equall portiones Dureing the said Viscount his pupillaritie And Sicklyke modifies and appointes the Soume of Twentie five hundereth merks yeirly to be payed by the said Robert now Viscownt of Arbuthnet and Alexander Arbuthnet of Knox his tutor in Law for his interest to the said Earle of Southerland for the aliment and education of the Saids other six childrein above named besyde the Air And that att two termes in the yeir Mertimes and whittsonday per advance be equall portiones Beginning the first termes payment of the said twentie five Hundereth merks for the aliment and educatione of the said Six childrein besyde the Air at the date heirof for the terme of Mertimes Last bypast to the terme of whittsonday next to come And from thencefurth yeirly and termly at the foirsaids two termes to be payed per advance as said is Dureing the Said Six childrein ther respective pupillarities And ordaines the clerks of Cownsell to deliver up to aither pairtie the papers mutuallie produced by them to The comitties appointed in the said mater And the saids Lords Doe heirby recall the former interloquitor pronunced by them in this affair upon the thretteinth day of december Last And appoints the Same to be cancelled and distroyed And Declaires it to make no faith in Judgement nor outwith the Same in tyme comeing And sicharges extracting or booking therof And ordaines Letters of horning on fiftein dayes and other executorialls needfull to be direct heirupon in forme as effeirs

Att Edinburgh the fourth day of February Jaj vic nyntie six yeirs

D1696/2/41

Act

Act In favoures of The Earle of Southerland Anent Lord Arbuthnoets childrein

The Lords of his majesties privie Counsell considering that hes bein severall petitiones given in to them be The Earle of Southerland Anent the aliment and custodie of the deceased Viscount of Arbuthnot his childrein and severall answers made to the said petitiones be Alexander Arbuthnot of Knox in Law to the Saids childrein and Sir Thomas Burnet of Lies his cautioner and Severall Comitties appointed for considering the Samen which have all proved ineffectuall in respect of the differences betuixt the pairties And the Saids Lords haveing also heard both pairties advocats in ther own presence And haveing this day considered the whole mater They have ordained and heirby ordaines the said Alexander Arbuthnot of Knox tutor in Law foirsaid to delyver to the said Earle of Southerland at his Lodgeing in the Abbay or at Leith Robert now Viscount of Arbuthnet And that betuixt and the twentie day of Febrwary instant And decerns and ordaines the custodie of the rest of the saids childrein being Six besyde the Viscount viz John Jean Anna Mary Margaret and Hellen Arbuthnets to belong to and continwe with the said Earle of Southerland with whom they presently are And have modified and heirby modifies the Soume of Eight Hundereth merks Scotts money yeirly to be payed to the said Earle of Southerland by the said Alexander Arbuthnet of Knox tutor in Law foirsaid for the aliment and intertainment of the said present Viscount of Arbuthnet and his pedagogwe and page in bed and board allenarly And ordains the tutor to make payment instantly of the Soume of Two Hundereth merks therof for the said present Viscount his aliment and intertainment in bed and board with his pedagogwe and page till the terme of whittsonday next to come And therefter at two termes in the yeir whittsonday and Mertimes per advance be equall portiones Dureing the said Viscount his pupillaritie And Sicklyke modifies and appointes the Soume of Twentie five hundereth merks yeirly to be payed by the said Robert now Viscownt of Arbuthnet and Alexander Arbuthnet of Knox his tutor in Law for his interest to the said Earle of Southerland for the aliment and education of the Saids other six childrein above named besyde the Air And that att two termes in the yeir Mertimes and whittsonday per advance be equall portiones Beginning the first termes payment of the said twentie five Hundereth merks for the aliment and educatione of the said Six childrein besyde the Air at the date heirof for the terme of Mertimes Last bypast to the terme of whittsonday next to come And from thencefurth yeirly and termly at the foirsaids two termes to be payed per advance as said is Dureing the Said Six childrein ther respective pupillarities And ordaines the clerks of Cownsell to deliver up to aither pairtie the papers mutuallie produced by them to The comitties appointed in the said mater And the saids Lords Doe heirby recall the former interloquitor pronunced by them in this affair upon the thretteinth day of december Last And appoints the Same to be cancelled and distroyed And Declaires it to make no faith in Judgement nor outwith the Same in tyme comeing And sicharges extracting or booking therof And ordaines Letters of horning on fiftein dayes and other executorialls needfull to be direct heirupon in forme as effeirs

1. NRS, PC2/26, 113v-115r.

1. NRS, PC2/26, 113v-115r.