Edinburgh the 21 November 1695
D1695/11/23
D1695/11/231
Decreet
Decreet James Earle of Callander Against Mary Countes Dowager of Callander
Anent the bill of Suspension given in and presented to the Lords of Privy Councill be Mary Countes Dowager of Callander And James Livingstoune of Westquarter the petitioners husband for his intrest That wher they are Charged be vertue of James Earle of Callander and his tutors and Curators for ther intrests To make payment to him and his saids tutors and factors in his name of the sum of ane Thousand punds And that as ane years aliement from Whitsunday Jaj vic nyntie Four to Whitsunday Jaj vic Nyntie five alledged due obtained at the petitioners instance against the petitioner before the saids Lords dated the threteinth day of March Jaj vic nyntie four years And that within ane Certaine short space nixt after the Charge under the paine of rebellion and puting of the petitioners to the horne most wrongeously and unjustly Considering It is of verity That ay the Charge of horning therwith produced It appears the same is dated in March Jaj vic Nyntie five so that ther is not ane years aliement due whill that time twelve moneth which is not whill march nixt Secundo the decreet of Councill which is the ground of the foirsaid Change did proceid without any probatione of the Conditione of the late Earle of Callander his estate nor of the debts and burdeins Which did effect the same But the samen was passed by as they were represented be the deceast Earle of Linlithgow the Charges tutor Who did Suppress a great part of the Earles estate Viz the portion left to him be James Earle of Callander Which did Extend to above […] Thousand merks and wherof ther is above thertie thousand merks yet due and resting be the Earle of March and other persones, so that the Charger having ane suficient estate aliunde to mantaine himself besides ane aliement of ane thousand merks given him by his mother; Ther is no equity that the petitioners ought to be burdained with such ane Considerable aliement out of the petitioners Joyntur Tertio as thir is no Necessitie of ane aliement, So the Charger is nowayes related in blood to the petitioner and the petitioner having brought to the familly with her the sum of Threttie Eight Thousand punds and her Joyntur being but Eight thousand merks the same is very moderat for ane persone of her qualitie and Condition, Neither can it admitt any deductione without reduceing her to unreasonable Straits Especially Considering that the same […] annuittie but ane Locallity of Lands paying so much rent Which is very much diminished by payment of Cess ministers Stipends and other publict burdens and the faillieing tennents So that it is Imposible to Continue to pay the said aliement Quarto by ane express agreement with this Earles father to whom he is served air therwith produced he is specially oblidged not to demand any aliement from the petitioner bot on the Contrare Ratifies her Joyntur and Renunces any pretence of aliement for ever Quinto Whatever might have been pretended of necessitie to aliement the appearand air the time of the obtaineing the Decreet of Councill Charged on yet now ther is no pretence for the said aliement In so farr as the Chargers has Succeided to ane opulent and good estate by the decease of the late Earle of Linlithgow his uncle wherby he has not only Succeided to the Earledome of Linlothgow But also to the lands and Lordship of Urquhart and Fishnigs2 upon Spey which belonged to the first Alexander Earle of Callander and were evicted3 from him by the late Earle of Dumfermling and gifted be the kings majestie to the last Earle of Linlithgow as having fallen in the kings hands throw the forfaulcter of the said Earle of Dumfermling, And Which Estate of it self is worth Ten thousand merks yearly So that the Charger has now one Considerable estate and has no need of the former aliement off her Small Joyntur, and the Cause of the Said Decreet viz the Earles necessity haveing now Ceased, the effect thereof ought also to fall in Consequence Therfore the said pretended Charge haill effect and executione thereof Ought to be Suspended Nevertheless for the more Obedience he was Content to find suficient Caution incase etc And Therfore humbly Craveing the saids Lords to Grant warand for Sumonding the said James Earle of Callander To have Compeired before the saids Lords at ane Certain day Bringing with him the forsaid pretended letters of horning to hav been seen and Considered be the saids Lords and to have heard and seen the samen haill effect and execution of the same Simpliciter Suspended in all time comeing as in the said bill of suspension at more length is Contained The Lords of his Majesties privy Councill having Considered this bill of Suspesion given in to them be the Countess of Callander against the Earl of Callander and his tutors with the answers made therto They hereby Refuse the said bill and reasones of Suspensione and Finds the letters raised at the Chargers instance against the Suspenders orderly proceided for bygones the terme of Whitsunday Jaj vic nyntie five and ordaines the same to be put to farder executione after the forme and tenor of the decreet Charged on in all points.
1. NRS, PC2/26, 33r-34v.
2. Sic.
3. The word ‘by’ has been scored out here.
1. NRS, PC2/26, 33r-34v.
2. Sic.
3. The word ‘by’ has been scored out here.