Act, 9 April 1695 (pm), Edinburgh

Warrant, 31 December 1695, Edinburgh

[9 April 1695] Eodem die Post meridiem

D1695/4/41

Act

Act The Lady Arbuthnot

Anent a Petition given in to the Lords of his Majesties privy Councill be Lady Anna Southerland Viscountess of Arbuthnot Shewing That quher the rents of the estate of Arbuthnot which Consists all in victuall is Lying upon the tennents hands who haveing in Conveniencie for grunelling of the same haveing nothing but Earthen Floores, so that it is in great hazard of being Lost seing ther is no persone to uplift or dispose upon any grame therof fore remeid therof and that the aliement appointed be the saids Lords to be payed to the younger Childrein and what is necessar for my Lord the air may be furnished ther is ane absolute necessity for ane factor Especially seing ther is no Liklyhood of any tutors being established on heast, The Laird of Knox who did designe to be tutor in Law was upon the twentie day of march last to be served before the macers by the Lords Whytlaw and Fountonhall ther assessors To whom the Just objectiones the petitioner and the rest of the freinds of the familly have against Knox his being tutor being made knowen, notwithstanding that the Breives for his Service was execute and the inquest Called and Sworne they Found that the Samen could not proceid quherfore re infecta they adjourned ther Court till the fifth of June nixt so that before this debate can be ended this years rent in the tennents hands will be rotten and lost if ther be not a factor Imediatly appointed for uplifting and disposeing upon the Samen, And the petitioners with concourse of the Earle of Southerland her father and others of her relationes shall recomend a persones fitt for that office who knowes the condition and Circumstances of the familly and who knowes the Conditione of the haill tennents who will find suficient Cautione in the saids Lords ther Clerks hands to be Comptable for his intromissione, Beside the Looking after the rents ther is a necessity for authorizeing one to Oversee the inventaring of the Chartor Chist that the condition of the familly may be knowen Which is Craved to be done by a Commissione from the saids Lords to be direct to the sheriff depute of the mearns for that effect To sight of […] ther Lordships factor and George Ards of that ilk as a freind on the mothers side And the sight of the Laird of Leyes or Glenbervie or any other their Lordships think fitt to name as a freind on the father-side And that the said factor be allowed ane exact double of the Inventar of the writtes that in case any Creditors should pursue for bygone annualrents he may know what discharge to found upon And Therfore humbly Craveing the saids Lords would take the premisses to ther Consideratione, and in Respect therof to authorize and Impower the persone to be nominat by the petitioner with Concourse forsaid as their Lordships factor to uplift sell and dispose upon the rents of the Lands of the haill estate of Arbuthnot not Lyfrented by the petitioner for the cropt of this bygone year Jaj vjc nyntie four upon his finding suficient cautione to hold Just Compt and reckoning therfore And to make payment of what shall remaine unexhaussted in his hands over and above the payment of the aliement modified be the saids Lords for her Cheldrein and what shall be called for, For the airs subsistance and over and above what shall be payed be him for publict burdeins ministers and schooll masters stipends and the Like and to such Creditors as shall recover decreets for payment of accompts furnished to the familly preceiding mertimiss Last or bygone anualrents for the which service Its recomended to ther Lordships to modifie the soume of fyve hundred merks of sallerie to the said persone to be Condescended one be the petitioner in maner abovewritten and that by and attour all maner of necessarie expenses he shall be at upon the accompt of his office and above sallerie being as litle as can be allowed to any for so troublsome a task Which was so Considered by the deceast viscount and his friends who appointed the very samen soume to be payed to the Laird of Glenbervie as administrating tutor in case the pretended nominatione hade subsisted Its alsoe humbly Craved that the saids Lords would grant warrand for Inventaring the Chartor Chist To the shireff depute of the Mearnes as the sight of the persones abovementioned The desire of this petition being so reasonable it is not questioned but ther Lordships would grant the samen Immediatly Considering the eminent danger the rents are in of parishing as the said petition bears. The Lords of his Majesties privy Counill Having Considered this petition given in to them be the Lady Anna Southerland Viscountess of Arbuthnot and answers made therto for […] Arbuthnot of Knox and others and both parties being Called Compeired personally the said viscountess with Mr Hew Dalrymple Mr Mongo Carnegy and Mr Robert Forbes her advocats and sicklike Compeired Mr George Alexander and Mr William Blacke as advocats for Arbuthnot of Knox and the rest of the answers and both parties advocats being fully heard The saids Lords Doe heirby authorize and Impower Mr Mongo Carnegy Advocat nominat by the viscountess with Consent of her father and freinds To be factor for uplifting and disposeing upon the rents of the Lands of the haill estate of Arbuthnot not lyfrented by the said viscountess for the cropt and year Jaj vjc nyntie four In Respect he hath given bond and found suficient Cautione acted in the books of privy Councill That he shall make Just Compt and reckoning of his intromissiones And that he shall make payment of what shall remaine inexhausted in his hands over and above the payment of the aliement modified by the saids Lords of privy Councill for the deceast viscount his Childrein and what shall be Called for, For the airs subsistance and over and above what shall be payed by the said2 factor for publict burdens Ministers 3 and school masters stipends and the like, and that he shall recover Decreets for payment of accompts furnished to the familly preceiding the terme of mertimiss last by post or bygone annualrents and that under the penalty of five hundred merks Scots By and attour the performance of the premisses and Refuses the desyre of the petitioner as to the Inventaring of the Chartor Chist And Modifies the soume of Fyve hundred merks scots money of Sallery to the said factor and that by and attour all maner of necessar expences he shall be at upon the account of his said office.

[9 April 1695] Eodem die Post meridiem

D1695/4/41

Act

Act The Lady Arbuthnot

Anent a Petition given in to the Lords of his Majesties privy Councill be Lady Anna Southerland Viscountess of Arbuthnot Shewing That quher the rents of the estate of Arbuthnot which Consists all in victuall is Lying upon the tennents hands who haveing in Conveniencie for grunelling of the same haveing nothing but Earthen Floores, so that it is in great hazard of being Lost seing ther is no persone to uplift or dispose upon any grame therof fore remeid therof and that the aliement appointed be the saids Lords to be payed to the younger Childrein and what is necessar for my Lord the air may be furnished ther is ane absolute necessity for ane factor Especially seing ther is no Liklyhood of any tutors being established on heast, The Laird of Knox who did designe to be tutor in Law was upon the twentie day of march last to be served before the macers by the Lords Whytlaw and Fountonhall ther assessors To whom the Just objectiones the petitioner and the rest of the freinds of the familly have against Knox his being tutor being made knowen, notwithstanding that the Breives for his Service was execute and the inquest Called and Sworne they Found that the Samen could not proceid quherfore re infecta they adjourned ther Court till the fifth of June nixt so that before this debate can be ended this years rent in the tennents hands will be rotten and lost if ther be not a factor Imediatly appointed for uplifting and disposeing upon the Samen, And the petitioners with concourse of the Earle of Southerland her father and others of her relationes shall recomend a persones fitt for that office who knowes the condition and Circumstances of the familly and who knowes the Conditione of the haill tennents who will find suficient Cautione in the saids Lords ther Clerks hands to be Comptable for his intromissione, Beside the Looking after the rents ther is a necessity for authorizeing one to Oversee the inventaring of the Chartor Chist that the condition of the familly may be knowen Which is Craved to be done by a Commissione from the saids Lords to be direct to the sheriff depute of the mearns for that effect To sight of […] ther Lordships factor and George Ards of that ilk as a freind on the mothers side And the sight of the Laird of Leyes or Glenbervie or any other their Lordships think fitt to name as a freind on the father-side And that the said factor be allowed ane exact double of the Inventar of the writtes that in case any Creditors should pursue for bygone annualrents he may know what discharge to found upon And Therfore humbly Craveing the saids Lords would take the premisses to ther Consideratione, and in Respect therof to authorize and Impower the persone to be nominat by the petitioner with Concourse forsaid as their Lordships factor to uplift sell and dispose upon the rents of the Lands of the haill estate of Arbuthnot not Lyfrented by the petitioner for the cropt of this bygone year Jaj vjc nyntie four upon his finding suficient cautione to hold Just Compt and reckoning therfore And to make payment of what shall remaine unexhaussted in his hands over and above the payment of the aliement modified be the saids Lords for her Cheldrein and what shall be called for, For the airs subsistance and over and above what shall be payed be him for publict burdeins ministers and schooll masters stipends and the Like and to such Creditors as shall recover decreets for payment of accompts furnished to the familly preceiding mertimiss Last or bygone anualrents for the which service Its recomended to ther Lordships to modifie the soume of fyve hundred merks of sallerie to the said persone to be Condescended one be the petitioner in maner abovewritten and that by and attour all maner of necessarie expenses he shall be at upon the accompt of his office and above sallerie being as litle as can be allowed to any for so troublsome a task Which was so Considered by the deceast viscount and his friends who appointed the very samen soume to be payed to the Laird of Glenbervie as administrating tutor in case the pretended nominatione hade subsisted Its alsoe humbly Craved that the saids Lords would grant warrand for Inventaring the Chartor Chist To the shireff depute of the Mearnes as the sight of the persones abovementioned The desire of this petition being so reasonable it is not questioned but ther Lordships would grant the samen Immediatly Considering the eminent danger the rents are in of parishing as the said petition bears. The Lords of his Majesties privy Counill Having Considered this petition given in to them be the Lady Anna Southerland Viscountess of Arbuthnot and answers made therto for […] Arbuthnot of Knox and others and both parties being Called Compeired personally the said viscountess with Mr Hew Dalrymple Mr Mongo Carnegy and Mr Robert Forbes her advocats and sicklike Compeired Mr George Alexander and Mr William Blacke as advocats for Arbuthnot of Knox and the rest of the answers and both parties advocats being fully heard The saids Lords Doe heirby authorize and Impower Mr Mongo Carnegy Advocat nominat by the viscountess with Consent of her father and freinds To be factor for uplifting and disposeing upon the rents of the Lands of the haill estate of Arbuthnot not lyfrented by the said viscountess for the cropt and year Jaj vjc nyntie four In Respect he hath given bond and found suficient Cautione acted in the books of privy Councill That he shall make Just Compt and reckoning of his intromissiones And that he shall make payment of what shall remaine inexhausted in his hands over and above the payment of the aliement modified by the saids Lords of privy Councill for the deceast viscount his Childrein and what shall be Called for, For the airs subsistance and over and above what shall be payed by the said2 factor for publict burdens Ministers 3 and school masters stipends and the like, and that he shall recover Decreets for payment of accompts furnished to the familly preceiding the terme of mertimiss last by post or bygone annualrents and that under the penalty of five hundred merks Scots By and attour the performance of the premisses and Refuses the desyre of the petitioner as to the Inventaring of the Chartor Chist And Modifies the soume of Fyve hundred merks scots money of Sallery to the said factor and that by and attour all maner of necessar expences he shall be at upon the account of his said office.

1. NRS, PC2/25, 225v-227v.

2. Insertion.

3. The word ‘stipends’ scored out here.

1. NRS, PC2/25, 225v-227v.

2. Insertion.

3. The word ‘stipends’ scored out here.