Warrant, 31 December 1695, Edinburgh

Edinburgh Tuesday The 12th March 1695

D1695/3/14

D1695/3/14¹

Decreet

Decreet The Lady Arbuthnot

Anent a Petition given in to the Lords of² his Majesties privy Councill be Lady Anna Southerland viscountess of Arbuthnot Shewing That quher ther was ane reductione at her Cheldreins instance and hers with Concourse of the Earle of Southerland the petitioners father and others of the petitioners relationes raised before the saids Lords of a testament alledged made be the deceast Viscount of Arbuthnot the petitioners husband some few dayes before his death wherby he was said to have appointed the Laird of Leyes, Glenbervie and Knox his two³ bretheren Mr John and Mr Alexander and Provest Arbuthnot with some others (who never accepted) tutors to his Childrein as alsoe of another paper alledged made be him at that time Concerning some sort of provisions and appointing a kynd of aliement to them Ther Lordships at the Calling of this sumonds haveing also heard the bill given in by the tutors and answers therto by the petitioner Did Remitt to the Lords of sessione sumarly to dissmiss this reduction according to this remitt after a full hearing of both the tutors procurators and myne The Lords Found the reasones Lybelled relevant to reduce the testament and other paper quarralled and now seing ther is no tutors nor any aliement appointed⁴ to⁵ the petitioners Cheldrein by ther father The petitioner is necessitate to have recourse to the saids Lords for modifieing such ane aliement as they should Judge proper and that it may be the more Justly done the petitioner has heir subjoyned ane accompt of the extant of the estate The age and number of her Cheldrein as followes Viz the Estate is Twentie four thousand merks be year, Ther is seven Cheldrein My Lord being now Eight years of age he has a Governor and a Servant, her two eldest daughters the one being Eleven and the other ten years of age and are Capable of all maner of Schoolling They most have at least one Servant for the petitioners youngest sone, and thrie youngest Daughters they are yet within the years of Seven So each of them most have a woman to wait upon them, And that the Lords may know the petitioner Designe not so much her self by her Cheldreins aliement the petitioner has ingadged to mantaine them all in bed and boord of off my oun Joyntur So as to lett what is over the Schoolling attendance of Servants phisitians and appothecaries accounts incase of sicknes run up to help to make provisiones to them seing non of them any setled upon them by ther father and the aliement to be appointed by the saids Lords to her Cheldrein is to Commence from mertimes Last, since which time she hade defrayed the expence of their manintance and if the petitioner be not in a Conditione to doe it longer The petitioner Leaves to the saids Lords to⁶ Judge seing the petitioner has but the half of her Joyntur To Witt twentie fyve Chalders of victuall to mantaine the petitioners and them for free quarters of a year off ther is to be deduced the expence of this actions of reductione which has not been small. And Therfore Humbly Craveing the saids Lords would Imediatly appoint the petitioner ane determined aliement for all and every one of her Cheldrein to by yearly payed her dureing ther present Circumstances and that ther Lordships would Likewayess authorize the petitioner to continue her possession of the houss and yeards of Arbuthnot especially seing her Joynture house which she should have is ruinouse and that the air at present stands in need of non, and for preventing of all debates betwixts any that shall hapen to be tutors and her, at divyding the houshold plenishing wherof the petitioner is provyded to a third That ther Lordships would authorize Mr James Keith of Auchorsk shiref depute of Kincardine To make Inventar therof at the sight of the Laird of Allardyce and Knox the petitioner being present and allowing her the promiscous use of all for the petitioner and her Childrein ay and whill the samen be divided as the said petitione bears Which petition and answers therto being read in presence of the saids Lords upon the twentie Eight of February Last They Recomended to a Comittie of their oun number to Consider the bill and answers and if they find it necessary That ane aliement be allowed to the Cheldrein Then to Consider the Viscounts old testament and Recomended to the said Comittie to hear both parties and to report the quota of the particular aliements they thought fit should be allowed for each Child and the space for which the same shall endure The which Comittie Haveing mett gave in their report Bearing That they⁷ haveing heard the Viscountess of Arbuthnot and the Lawiers for both parties and Considered the papers subscryved be the deceast Viscount Wherby he modifies and appoints aliements to each one of his Cheldrein And The Saids Lords of his majesties privy Councill haveing Considered the Committies Report They heirby Modifie the soume of Two Thousand punds Scots money to be payed to the said Lady Anna Southerland Viscountess of Arbuthnot for aliementing of her six severall Cheldrein besides the air Commenceing from the terme of Mertimiss Last and appoints the same to Continue so long as the Childrein are allowed to remaine in familly with her, and ordaines the first termes payment to be at Whitsunday nixt and so furth yearly therafter at two termes in the year Whitsunday and mertmiss be equall portiones dureing the space forsaid and Ordaines the said Lady Anna Southerland to Continue in possessione of the house yeards and parks of Arbuthnot with the pertinants as she has hitherto possessed the same and that ay and so long as her Ladyships Cheldrein shall remaine in familly with her And ordaines letters of horning on six dayes and others needfull under the signet of Councill to be direct heiron in forme as effeirs.