Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Seventh day of Janwary J^aj vi^c nyntie Six yeirs

D1696/1/10

D1696/1/10¹

Act

Act Lady Halkertoun

Anent the petitione presented to the Lords of his majesties privie Councell be The Lady Halkertoune And Patrick Lyell her husband for his interest Humbly Shewing That wher by the Lawes of this kingdome the appearand air and childrein of persones deceased owght to be intertained and aliemented especiallie wher ther remaines ane competent estate And the persones So to be alimented are of qwalitie And albeit The deceast Alexander Lord Hallkertowne Left behind him ane competent fortowne and did appoint portiones for his younger childrein yet he did omitt to appoint alimentarie provisione for them untill ther portiones became to bear annualrent And therby the petitioner who hes but a Small life rent provisione hes bein much Straitned and necessitat to contract debt for aliementing of them And the petitioner hes actuallie entertained five of them till the begining of October Last The Lord of Glenfarquhar Did intyse and perswade the two eldest Mistress Jean and Mistress Hellen Falconers to retire to the house of Halkertowne knowing that they had attained to that age that ther portiones Did bear annualrent But the other thrie does as yet remaine in the petitioners custodie And the petitioners haveing formerly applyed to freinds ther was ane agriement entered into with the present Lord Hallkertowne And² Severall others of the freinds on the father and mothers syde wherby from whittsonday J^aj vi^c nyntie two to whittsonday J^aj vi^c nyntie thrie Ther was ane allowance given for alimenting of the said five childrein Extending to one Hundereth pownd of money And two chalders of victuall besyde the wse of the orchyeard and planting But this agriement haveing Contained but for a yeir And The Lord Halkertowne haveing become intirely incapable for makeing any transactione Since that tyme to the petitioners have gott nothing And Seing The Lords of privie Counsell are constantly in wse to protect minors and infants by appointing them Suteable aliements The petitioners are therfor necessitat to apply to the Saids Lords that from Whittsonday J^aj vi^c nyntie thrie to whittsonday J^aj vi^c nyntie five The Saids Lords would be pleased to appoint the foirsaid aliment to be payed to the petitioners Which tho it be but Small yet the petitioners are Satisfied to take the Samen It being what was appointed by the nearest relationes of the familie As also in tyme comeing to modifie for the aliment and intertainment of Mr Alexander Falconer and his two Sisters what the Saids Lords Shall think fitt and Jwst he being to be considered as the air of the familie his elder brother being altogither fatwous And that without any intervall Especiallie Seing owt over the Liferent provision and the payment of the annualrents of the Debts ther will remaine atleast One Thousand merks of frie estate Therfoir humbly craveing that the Saids Lords of privie Counsell would take the premisses to ther consideratione And in respect therof to modifie ane Suteable aliment to the saids childrein for bygones and in tyme comeing in maner abovementioned And in caice of difficultie to appoint a comittie for Seing the premissses verified and instructed And heare the pretences of any of the creditors and others who may compeare and make ansuer therto As the said petitione att more Lenth bears Which petitione being at first red in presence of the Councill they allowed Sir Alexander Falconer of Glenfarqwher And the creditors of The Lord Halkertowne to Sie and ansuer the Same And accordingly the Said Sir Alexander haveing Sein the Said petitione Gave in a counter petitione be way of ansuer therto Wherupon the Saids Lords of privie Counsell appointed a comittie of ther own number for heareing both pairties upon the saids bill and ansuers And the said Committie haveing mett and heard The Lady Halbertownes husband and Laird of Glenfarquhar They made ther report therin to the Counsell And the saids Lords of privie Councell haveing this day considered the said petitione and counter petitione be way of ansuer therto with the report of the comittie made theranent They heirby refwise to modifie any aliment to the childrein as to the tyme bygone they haveing bein alimented by the mother which is Supposed to have bein Done expietate materna And the mother offering now to aliment Mr Alexander Fallconer the Second Sone gratis the saids Lords of privie Counsell Doe heirby modifie two chalders of victuall wherof half ane Chalder of bear And ane chalder and half of meall with the yeard and grass ther of to be payed to The Lady and her husband be the present Lord Hallbertoune or the tenents of Hallbertoune or be Alexander Corne factor for the said estate And that yeirly comenceing from Mertimes Last bypast Beginning the first yeirs payment at Mertimes next to come as for the first yeir preceeding for alimenting of Mistress Euphan and Mistress Elizabeth Fallconers the two yowngest Dowghters And soe furth yeirly till ther portiones come to bear annwall rent And ordaines Letters of Horning to be direct against The Lord Hallbertowne his factor or any others concerned with My Lord Hallkertowne