Procedure, 30 December 1701, Edinburgh

Edinburgh 5th Agust 1701

D1701/8/3

D1701/8/3¹

Act

Act Lady Bonhard anent ane aliment

Anent the petition given and presented to the Lords of his majesties privie Counsell by Magdelen Drummond Spous to Walter Cornwall of Bonhard, Shewing That the petitioners beside the soume nyne thousand and eight hunder merks, Contained in her Contract of mariage, brought with her to her Husband, above five thousand merks in money truely payed, and was in Contemplation of the forsaid portion, provided to ane anuity of eighteen hunder, merks, beside a duelling house in Linlithgow, beside other Casualities, particularly four Loads of Coalls weekly and haveing now, a numerous famely of Childeren, she is Reduced, not only to great dificulties and Straits her selfe, But utterely unable, to subsist and provide, what is indispensably neccessar for the petitioners numerous Childeren and famely, through the Rigour and severty of some of the petitioners husbands Fathers Creditors, to whom tho he was not obnoxius yet out of Respect to his Fathers memory and to doe them Justice to his power he made himself lyble, never Imagineing that this Condescendance to them should have had such a return, as to Reduce the petitioner, and her Small Childeren to a poynt of starveing, and seing both out of Compassion, and Consideration of naturall Justice and equity, the saids Lords of privie Counsell both by the law are Impowered and in use to provide some suteable supply and aliment yearly to disconsolat and distressed wifes and Childeren, some way proportioned, and effeiring to the portiones they brought allong with them, and liferent provisions secured to them, in consideration thereof, and ther being no Cause which Can plead more dispensable neccesity or equitable Considerationes, then² the petitioners wpon the grounds above Represented which are sufficiently Instructed both by her Conract of mariage, and seasing followeing therewpon herewith produced, It was Therefore Humbly Craved that the saids Lords in Consideration of the premises and to prevent the Childeren and the petitioners misery would appoynt ane alliment of one thousand and two hunder merks yearly (which is farr within what was provided to the petitioner, to be) payed to the petitioner yearly by the factor, appoynted to wplift the rents of the Estate of Bonhard, or by the tenants and possessors of the saids lands, and Estate, and Intrometters with, the Casuall writs thereof out of the first and Readiest of what is to be payed or intrometted with by them, wpon the petitioners Discharge to be granted to them, for the same, att two termes in the year, Whitesunday and Martimes beginning the firsst termes payment, against the fifteenth day of agust nixt, for the term of whitesunday preceeding as the said petition bears, The Lords of his majesties privie Counsell haveing heard this peition given in to them by the above Lady Bonhard, read in ther presence, they thereby allowed any person who pretended Interest therein, to see and and and³ answer, the same against the nixt Councill day, Thereafter the saids Lords of his majesties privie Councill by ther Interloquitor of this dayes date, they have modified and hereby modifies the soume of fifty pounds Starline yearly att two termes, in the year to be payd to the said petitioner, by Alexander Glen writter in Edinburgh, factor appoynted by the Lords of Session, for wplifting the rents of the Estate of Bonhard or by the tenants and possessors of of⁴ the saids lands and Estate, and Intrometters with the Casuall rents thereof Conform to a note subscribed by the said Lady to be given in by⁵ her, beareing the tenants and possessors ther proportiones due to them, and Decerned and ordained payment to be made of the said fifty pounds Starline yearly att two termes whitesunday and martimes, be equall portions beginneing the first termes payment wpon the term of whitesunday preceeding and so furth yearly and termly att two termes in the year Whitesunday and martimes in Winter be equall portions in all tymecomeing, dureing the petitioners liftyme, with her Husband, being twenty five pounds Starline for each term, and odains letters of Horning on fifteen dayes to be direct herewpon under the signet of Counsell and others wpon the premises in form as effeirs