Act, 27 December 1694, Edinburgh

Eodem die [13 March 1694], Post Meridiem

D1694/3/23

D1694/3/23¹

Decreet

Decreet Earl of Callander and his Tutor Against The Countess therof

Anent the Supplication given in to the Lords of their majesties privy Councill be James Earle of Calander and George Earle of Linlithgow his tutor and Curator sine quo non and his other tutors Shewin That quher² the rents of the lands and estate of ane air is absorbed by lyfrents of relicts and annualrents of Sums of money due forth of the estate, so as the air hes no aliement furth therof, The saids Lords conforme to the lawes and constant practique of this kingdome are allwayes in use to modifie ane aliement to the air to be payed by the lyfrentars out of their Lyfrent lands effeirand to the air his estate and their respective Lyfrents. Bot so it is that the greatest part of the Lands and estate of Callander is lyfrented by Mary Countes of Callander relict of umquhill Alexander Earle of Callander the petitioners grand uncle and by Anna Countes of Callander his mother and albeit the petitioners said mother did lately out of the love and favor she bears to the petitioner and for standing of the familly freely quyt and Discharge one Thousand merks yearly of her Joynture which was in haill five thousand merks of annuitie and for the remaineing four did accept of Lands in leiw therof, And that for the more easie paying of the annualrents of the debts due upon the estate, yet notwithstanding therof that part of the said estate which is unlyfrented is farr short of paying the Current annualrents of the debts and burdeins upon the estate, and will intake the sum of […] yearly as the abreviat of the rentall of the wholl estate lyfrented and unlyfrented and of the debts and burdeins therin ready to be produced, And to be instructed by the Speciall rentall of the estate and particular list of debts bears, So that according to the present condition of the petitioners estate and debts, not only will annualrents in a great measure Lye unpayed and so Swell up to a Soume to the absolute exhausting of the propertie and utter ruine of the familly But the petitioner will be altogither destitute of a suitable aliement for the petitioners sustinance and educatione And Therfor humbly Craveing the saids Lords would be pleased to modifie to the petitioner (who aine our served and retoured in the Said estate to the said late Earle of Callander the petitioners father) ane aliement yearly out of the Lands Lyfrented by the said Mary Countes of Callender the petitioners grand uncles relict And to ordaine her and James Liveinstoune of West Quarter now her husband for his intrest To make payment to the petitioner of the aliment to be modified by the saids Lords effeir and to the estate and her proportion of her Lyfrent as the said petition at more leanth bears The Lords of their majesties privy Councill haveing Considered the above petition with the answers made therto for Mary Countes of Callander and her husband And both parties being called and the Earle of Linlithgow being personally present did remove from the board to the barr and Sir James Ogilvie and Mr George Alexander Compeiring as advocats for the Earle of Callander, and […] Liveingstoune of Westquarter Compeiring Compeiring³ personally for himself and the said Mary Countes of Callander his Lady with Sir James Stewart their majesties advocat and Mr Hew Dalrymple advocat And the saids Lords haveing at leanth heard both parties advocats They by their interloquitor of the twentie two day of February last Recomended to a Comittie of their oun number to Comon with and endeavor to aggree To take tryall by probation or otherwayes both as to the condition of the state of Callander and the Earles oun condition and alse as to the said Mary Countes of callander her Joynture and to report ther Opinion to the Councill and the Comittie haveing this day made their report to them And the Councill Haveing Considered the above petitione and answers Togither with the other petitiones given in hinc inde in this process, And haveing heard both parties procurators formerly as said is, And haveing Considered the instructions or writtes produced for aither partie The Saids Lords of their Majesties privy Councill Finds That notwithstanding Anna Countes of Callander the Earles mother for enabling him to pay his annualrents has restricted her Joyntur of five Thousand merks of yearly annuitie to four Thousand merks of land rent, That yet the Earles estate is exhausted with the two Lyfrents and annualrents of debts And Therfore Have Ordained and heirby Ordaines the said Mary Countes of Callander and James Liveingstoune of Westquarter her husband for his intrest To make payment to the said Earle of Callander or his tutors or factors in his name yearly at two termes in the year whitsunday and mertmiss be equall proportiones dureing all the years of the Countes Lyfetime the Soume of ane Thousand punds Scots money as ane aliementary provisione Commenceing from the terme of mertimes last by past begining the first termes payment of the said aliementary provision at the feast and terme of Whitsunday nixt as for the terme preceeding and so furth yearly and termely in time comeing dureing the space forsaid the termes of payment being allwayes first come and bygone And appoints the Earle of Linlithgow tutor to the said Earle of Callender to subscryve the list of the principall soumes affecting the estate of callander produced for the Earle in the hands of the Clerks of Councill To the effect the said Countes may disprove the verity of the said list and may have defalcation of the said aliement proportionally and effeiring to the annualrents of such of the principall soumes in the said list as shall be disproven by her And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron in forme as effeirs.