Act, 28 December 1703, Edinburgh

Edinburgh the 9th March 1703 Antemeridiem

D1703/3/6

D1703/3/6¹

Act

Act Infavours off Jannet Irving etc

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Jannet Irving relict of the Deceast Alexander Maxwell of Fraughty For her self and in name and behalfe off William Alexander, Harbert, Charles, Lucie, Rachell, Mary, and Winfred, Maxwells Children procreat Betuixt the petitioner and the said Alexander Macwell Shewing That the petitioner who was Second wyfe to the said Alexander Maxwell was provyded to ane Lyferent annuity off five hundereth merks per annum To be taken out off the readiest off his rents And my saids Children being eight in number wer provyded to Sex Thousand merks amongest them all And for Security therof wer infeft in ane annualrent corresponding therto upon their said deceast feathers Bond off provisione granted in implement and security of ane obleidgement Contained in the Contract of Marriadge betuixt the petitioner and the Defunct upon which rights The petitioner and her said Children raised proces off poinding of the ground befoir the Lords of Session Againest the Tennents and possessors off his Lands And againest […] Maxwell her husbands eldest son off his first marriadge and his appearand heir For his intrest Wherin he hath heitherto delayed me by many Sinistrous methods and particularly by causeing make Compeirance againest me and produce Interests in the name off Creditors upon the said Estate which wer either payed off, and accquyred by my husband and Consequently belonged to the petitioner One Instance off his Fraudulent dealling with me in this caice is That he had taken out amongest his fathers writs a Charter and seasine Infavoures of George Maxwell of Carnshalloch and caused creave preferrance Infavours off Carnshalloch, Carnshalloch haveing disowned the same by write under his hand, Then he caused make appearance in the name off Elizabeth Maxwell Lady Urr and offerred to prove by the petitioners oath That she had peapers in her hands, wherby Carnsalloch Convoyed the said right Infavours off the Lady Urr But she haveing by this tyme recovered Carnsellochs right Infavours off her husband who was author to the petitioner He fell upon anew Stratagem in the close of the Session and produces aright Infavours off the deceast Homer Maxwell off Kilhean posterior to the petitioners To which and all other pretended intrests produced by him We are prefferred by the Lord Fountanhall ordinary in the Cause And by their disingenious methods They have ruined Her a poor widdow by Expensses and delayed my Decreit Haveing (affter all shiffts Failled) Taken a day to produce the Tennents to Depone as will appear by the Minuts off proces herewith produced Soe that the petitioner and her Eight Fatherless Children Who have been destitute of all means off Substance since the death off her husband which was in harvest 1701 Except possession off the Lands off Teraughty which is but worth Tuo hundereth merks by years as appears by the Tack produced are reduced to very great straits and will not be able to subsist unless ther Lordships will be pleased to modefie the petitioners ane aliment to be payed by the Tennents off the saids Lands Called in the said proces off poinding the ground Especially seeing her husbands Estate is worth 1200 yearly as will appear by ane Rentall therof herewith produced and very Little or noe Debt upon it But what is due to the petitioners And Therfor Creaving their Lordships To Compassionat the Circumstances off the petitioner a poor widow and her said Eight fatherless Children who are thus delayed off what treaty belongs to the petitioners And seeing all that they have hade to live upon Since her Husbands death Is only the possessione of the Roome off Teraughty which is but worth 200 merks by year wheras there treuly belongs to the petitioners 860 merks yearly and that Her Husbands Estate Is better then 1200 merks off yearly sent That therfor their Lordships may modefie to the petitioners The soume off Eight Hundereth merks To be payed presently For their aliement and present subsistance and such a sume as their Lordships shall think fit, in tyme comeing Dureing the dependance And to Decerne the Tennents called in their poinding off the ground to pay the samen to be allowed in the fore, end off what is due to the petitioners As the said petition bears The Lords off Her Majesties privie Councill Haveing considered the above petition given into them by Jannet Irvine Relict off the deceast Alexander Maxwell off Fraughty For her self and in name and behalfe of William, Alexander, Herbert, Charles, Lucie, Rachell, Mary, and Windfred Maxwells, Children procreat Betuixt her and the said Alexander Maxwell And the samen being read in their presence The saids Lords Doe heirby grant to the petitioner The soume off Three Hundereth merks For the subsistance off herself and her said Eight Children untill the First day of June nixt tocome And that out off Her said Husbands readiest means and Estate And ordaines The said soume off Three Hundereth merks modefied for ane Subsistance as said is To be allowed by the petitioner in the Foirend off what is due to her liferent right upon Her Husbands Estate And ordaines Letters off Horning to be directed hereon againest the Factor or Taxman off the said Estate under the signet off Councill And in caice ther be noe Factor or Generall Taxman off the said Estate The saids Lords Decerns and ordaines The Tennents possessors and Intromitters with the said Estate instantly to make payment off the said soume off Three Hundereth merks money forsaid for ane subsistance to the petitioner and her Eight Children as said is Conforme to their Rents and possessiones To be contained in a list containing their seaverall proportiones To be given in by the said petitioner and subscryved by her to the Clerks off privie Councill And Delcaires the petitioners Dischairge by her selfe alone For the forsaid subsistance off Three Hundereth merks allowed by Her out off the farr end off what shall be found due to Her By her lyferent right as above.