Act, 6 March 1699, Edinburgh

Warrant, 21 December 1699, Edinburgh

Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

D1699/3/71

Act

Act Ogilvies

Anent the petition given in to the Lords of his Majesties privy Councill be Mrs Mary Ogilvie doughter to Sir Francis Ogilvie of Newgrainge and of David, James, and Jean Ogilvies Grand Cheldrein to the said Sir Francis Shewing That wher upon application made to the saids Lords by the deceast Dame Anna Rait the petitioners mother and Grandmother Representing the said Circumstances of her husband and the petitioners her poor family which were reduced to the greatest of Straits not only by the Creditors being in possession of the Estate for payment of their Just debts, bot of the deceast James Carnegie of Wester Breakie his Cheldrein their being in possession of the Lands of Easter Breakie which belongs to the said Sir Francis Extending to twenty two Chalders victuall yearly It was then represented and now resumed that the only title of their possession was that the said James Carnegy as propriator of the Lands of Wester Breakie being Superior of the Lands of Easter Breakie, Did Declare Sir Francis Ogilvies Escheat of Panmures instance against him Satisfied within year and day meerly upon his Ommission to relax, Its notour that Breakie was never Creditor to Sir Francis in one six pence, as also that this Caswality did fall when Douglas of Bridgfoord was propriator of the Lands of Wester Breakie and that James Carnegy who purchast these Lands and this Superiority from him payed nothing for this Casuality, Bot on the Contrair if he were alyve It could be proven by his oath that he was ingadged to discharge the Same, This being matterially what was represented by the said Dame Anna Rait in her petition and informations Notwithstanding of Long answers and Litigeous debate made for Braikies Cheldrein the saids Lords by their act dated the fourtein of March Jaj vic nynty four Did ordaine then Chalders of victuall or ane thousand merks of annuity to be payed to the petitioner for the mantinance of her her2 husband and family out of the Lands of Easter Breakie dureing Sir Francis lifetime free of all publict dues, And Ordained the Shirreff depute of Forfar to put her in possession therof, and the said Dame Anna Rait being now deceast, It was Contraverted That by Vertue of the forsaid act the petitioners have not any intrest to acclame this aliement notwithstanding that the same was granted for Sir Francis and the petitioners use and to be payed dureing Sir Francis Lifetime who by the death of the said Dame Anna Rait are now reduced to their former Straits And Therfore Supplicating to the effect aftermentioned, The Lords of3 his majesties privy Councill haveing Considered this petition given in to them by the above Mrs Mary Ogilvie, David, James, and Jean Ogilvies Grand Cheldrein to the above Sir Francis Ogilvie They hereby Ordaine the above act of Councill to be put to execution at the petitioners and their father and Grandfathers instances, For their oun and their old father and Grand fathers subsistance in the Same maner as execution might havep assed therupon at the instance of their deceast Grantmother, who obtained the said act which is dated the fourtein of March Jaj vic nyntie four years for payment of what is therin contained or decerned yearly for his present year and in time comeing for them and their father and Grand father aliement since the terme of Mertimass Jaj vic nyntie seven years.

Att Edinburgh The Sixth day of March Jaj vic Nyntie Nyne years

D1699/3/71

Act

Act Ogilvies

Anent the petition given in to the Lords of his Majesties privy Councill be Mrs Mary Ogilvie doughter to Sir Francis Ogilvie of Newgrainge and of David, James, and Jean Ogilvies Grand Cheldrein to the said Sir Francis Shewing That wher upon application made to the saids Lords by the deceast Dame Anna Rait the petitioners mother and Grandmother Representing the said Circumstances of her husband and the petitioners her poor family which were reduced to the greatest of Straits not only by the Creditors being in possession of the Estate for payment of their Just debts, bot of the deceast James Carnegie of Wester Breakie his Cheldrein their being in possession of the Lands of Easter Breakie which belongs to the said Sir Francis Extending to twenty two Chalders victuall yearly It was then represented and now resumed that the only title of their possession was that the said James Carnegy as propriator of the Lands of Wester Breakie being Superior of the Lands of Easter Breakie, Did Declare Sir Francis Ogilvies Escheat of Panmures instance against him Satisfied within year and day meerly upon his Ommission to relax, Its notour that Breakie was never Creditor to Sir Francis in one six pence, as also that this Caswality did fall when Douglas of Bridgfoord was propriator of the Lands of Wester Breakie and that James Carnegy who purchast these Lands and this Superiority from him payed nothing for this Casuality, Bot on the Contrair if he were alyve It could be proven by his oath that he was ingadged to discharge the Same, This being matterially what was represented by the said Dame Anna Rait in her petition and informations Notwithstanding of Long answers and Litigeous debate made for Braikies Cheldrein the saids Lords by their act dated the fourtein of March Jaj vic nynty four Did ordaine then Chalders of victuall or ane thousand merks of annuity to be payed to the petitioner for the mantinance of her her2 husband and family out of the Lands of Easter Breakie dureing Sir Francis lifetime free of all publict dues, And Ordained the Shirreff depute of Forfar to put her in possession therof, and the said Dame Anna Rait being now deceast, It was Contraverted That by Vertue of the forsaid act the petitioners have not any intrest to acclame this aliement notwithstanding that the same was granted for Sir Francis and the petitioners use and to be payed dureing Sir Francis Lifetime who by the death of the said Dame Anna Rait are now reduced to their former Straits And Therfore Supplicating to the effect aftermentioned, The Lords of3 his majesties privy Councill haveing Considered this petition given in to them by the above Mrs Mary Ogilvie, David, James, and Jean Ogilvies Grand Cheldrein to the above Sir Francis Ogilvie They hereby Ordaine the above act of Councill to be put to execution at the petitioners and their father and Grandfathers instances, For their oun and their old father and Grand fathers subsistance in the Same maner as execution might havep assed therupon at the instance of their deceast Grantmother, who obtained the said act which is dated the fourtein of March Jaj vic nyntie four years for payment of what is therin contained or decerned yearly for his present year and in time comeing for them and their father and Grand father aliement since the terme of Mertimass Jaj vic nyntie seven years.

1. NRS, PC2/27, 198r-199r.

2. Sic.

3. The word ‘Councell’ scored out here.

1. NRS, PC2/27, 198r-199r.

2. Sic.

3. The word ‘Councell’ scored out here.