Procedure, 30 December 1701, Edinburgh

Att Edinburgh the fourt day of March 1701

D1701/3/5

D1701/3/5¹

Act

Aliment To Helen Aytoun

Anent the petition given in and presented to the Lords of Her² Majesties privie Councill The petition of Helen Aytoun Relict of the Deceist Doctor Alexander Balfour of Colluthie now spouse to Mr David Bechun Shewing That where the petitioner haveing bein provyded by the said Doctor Alexander Balfour to ane Lyfrent of ten Chalders of victwall furth of the Lands of Colluthie and Lileathen besyds the soume of three thousand merks to be at her Disposeall It was her Fate and unhapienes (though she was ashamed to say and nothing but extremity of Miserie could have induced her to repent it) to Mary the said Mr David Bechun (being at that tyme in such Circumstances as she might have lived very comfortablie) Who by his prodigall and extravagant way of Liveing Did not only uplift and squander away the forsaid soume of three thousand merks But was also therby reduced to such dificulties and straits as rendered him obnoxious to personall distresses and dilligence from which he could not after Exstricat himself and the petitioner was Forced from the tendernes and affection she had for him and to prevent his takeing desperat Courses, Notwithout the Melancholy prospect of the condition and Circumstances she was then brought to Raither to denude her self of a considerable pairt of Her Joynture Then suffer him to be harrassed by the persutes of His Creditors and Did actually renounce her Lyfrent right of the saids Lands of Colluchie In favours of the Laird of Barburne Fiar therof being persuaded he would so apply the pryce as to prevent our fwrder trouble and hopeing therby to Reclaim him But so litle effect had this her Conjugall tendernes and affection towards him and so farr was he from any just returns of gratitude That he hath now it seems altogither deserted the petitioner without any other Fund for her subsistance But the Charity of Freinds haveing no access to the small remander of her Lyfrent which is now reduced to ane hundreth pound scots and Fourtein bolls of oats For the uplifting wherof he hath left ane Factory with Mr David Nicolson a man every way quallified for such unfavourable Managements and he hath accordingly uplifted the same ever since the said Mr Davids departure from this Kingdome about tuo years agoe and although the petitioners Circumstances were sufficiently unhappy whyll he lived with her They are now much worse being redacted to such a Condition of Miserie and povertie as she was ashamed to represent Yea so was the rigor and severitie of the said Mr David his Factor towards the petitioner presumeing it seems wpon her temper and aversion to such harsh representations Especially against her Husband That when any thing is demanded from him he treats the petitioner only with contempt and scorne and it being their Lordships constant custom and practise to vindicat such as are in the petitioners circumstances from such barbarous useage and treatment by allowing them compitent and suteable aliments where there is any Fond and seing the said Mr David hath dilapidat the most pairt of the petitioners Lyfrent so that the remainder could only aliment her very narouly Being now throw age sicknes and Infirmity utterly incapable of doeing any thing for herself Therfore Craveing to the effect aftermentioned as the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said Helen Aytoun They heirby Decerne and ordain […] Watson relict of the deceist John Balfour in Lileathen to make payment and satisfaction to the petitioner of the soume of ane hundreth pound scots and Fourtein bolls of oats for the Cropt and year of God J^ai vij^c years and of the lyke soume of ane hundreth pound scots and lyke number of Fourtein bolls of oats for the cropt and year of God J^ai vij^c and one years instant And that betuixt the Feasts and termes of Whitsonday and Mertimes nixt to come and of the Lyke soume and Lyke number of bolls of oats yearly in all tyme comeing Dureing the said Helen Aytoun her lyftyme and that for her subsistance and aliment The termes of payment of the samen being alwayes first come and bygone and ordains Letters of Horning and all other execution necessary under the signet of Councill to be direct heirupon in forme as effeirs