Decreet, 24 July 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh The Twentie fourth day of Jully Jaj vjc nyntie four years

D1694/7/191

Decreet

Decreet of Suspension: Ladie Lethentie Against The Lady Glascloon

Anent the petition given in to the Lords of their majesties privy Councill be Euphan Blair relict of Mr George Blair of Lethendy and James Blair her sone Shewing That wher the petitioner haveing right to expured adjudicationes and reall rights affecting the lands of Glascloon quherof the true soumes farr exceid the value quhich are unquestionably preferrable to any pretence or clame Competent to Issobell Tyrie relict of James Blair of Gascloon, yet this unreasonable woman being exceiding Clamerous hath obtained severall soumes of money to be modified to her upon a pretence of a depending proces quherin as she sayes she will undoubtedly prevaill at last and ther being a late modification of four hundred merks in the vaccance on the old pretence, The petitioners did presant a bill of suspensione and got executione sisted till the thretein of June then2 instant Such was the said Issobell Tyries Importunity that she not only denunced and registrated the petitioners within the dayes of the sist but also prevailled to gett the sist removed before the dayes expyred without the petitioners knowledge without answer or allowing the petitioners procurators to be heard on the grounds therof. The petitioners humbly Conceive the saids Lords hade received some particular accompt and Impressione of the matter to which the petitioner hade no oppertunity to make answer And Therfore the petitioners intreat the saids Lords That they would be pleased to Consider the following reasones why no aliement can be allowed conforme to the lawes of this kingdome Primo as to the said James Blair he is neither persewer nor defender (3nor Concerned in any process with the said Isobell Tyrie the right of the lands standing intirely in the persone of his mother his oun estate being all sold for Payment of Issobell Tyries father and husbands Cautionries so that he may Confidently say that any of the saids Lords number or any in the natione might alse well be subjected to ane aliement as he, Its true the petitioner has the hope of successione to his mother But that can found no more against him dureing his mothers life then any other of his bretheren and Sisters: As to the said relict she is alse Litle Lyable in Law to any aliement Because she has produced ane proces before the Lords of sessione really and preferrable rights upon the saids lands and Irrideemable rights double exceeding the value which she was necessitate to acquyre for releiff of Cautionries payed by her husband and sone for Issobell Tyries father and husband and the said Issobell produces no reall right at all but the extract of ane lifrent sasine without ane warrand so qualified that if the warrand were produced It would make the petitioner preferable, But that being a point of right to be determined be the Lords of sessione she was not to trouble the saids Lords furder therwith then this that since ever Issobell Tyrie intented her proces she hath never advanced one step altho she hath got severall aliements on that pretence But by her Clamour and Tergiversatione has stoped the petitioners Improbatione Which she is pursueing for Cutting of her pretence Secundo 4 the saids Lords being Overwearied with her Importunity Did in november last Remitt her applicatione for ane aliement to the sessione before whom her proces was depending And the Lords Found no ground for ane aliement, But refused her petitione, as some of the saids Lords number who are upon the sessione knowes And Which petitione with the deliverance the petitioner put in the Clerks of Councills hand yet she obtained ane aliement from the saids Lords after the sessione was up, and as it is supposed Cheifly on this ground that in Comoneing the petitioner hade offered a Considerable soume of money which (tho it hade been true) ought not to have been made use of but it is absolutely denyed that ever the petitioner or any other in her name made any such offer Tertio the petitioner is not to took back upon what aliements have been allready modified and payed to her But the petitioner humbly conceave that the repeating and to Continueing such aliements upon pretence of Depending processes cannot be found agreeable to old Law for as the petitioner has said she has allready produced before the Judge ordinar instructiones of debts exhausting all and therby excludeing Issobell Tyrie which she does not pretend to redacque in the way of Law, and when in the event it shall be found by derisione of the Judge ordinar That Issobell Tyrie has no right in that estate It must be acknowledged be the saids Lords authoritie that the petitioner is Compelled to pay a soume wherto in law the petitioner is not Lyable and wherto Issobell Tyrie has no legall right for what ever Charity be due to her, yet ther is a great difference betwixt right and Charity ther is a legall Compulsione upon points of right, But Charity must be free and ought not to be at another charge Especially such as the petitioner is being ane old infirme woman with a numerous familly and has scarce so much free rent as ther Lordships hade ordained the petitioner to pay And its is not denyable that what Issobell Tyrie has gott or may receive is utterly lost when the petitioners right is found to be preferrable and extinguish the event and in generall the petitioner doe Contend that our Law does not allow any Modificatione upon the pretence of processes dureing the dependance therof much less that the samen should be repeited from time to time without any proceider in the prociess and ineffect the granting of these aliements tends to no other purpose but the said Issobell Tyrie (who has so extraordinar success in the procureing them against all Law and common Justice to her pretentiones) should endeavor to spine out the process and never come to a period, And seing the Cause does depend before the Lords of sessione who are now sitting and that the petitioners defences is founded upon their right produced in that process as also seing the petitioners has never been yet heard by ther procurators and that they cannot be excluded from a hearing especially upon grounds to which they hade no opportunity to make answer by reasone of her anticipating the day to which the sist was granted in a fraudelent and unusuall maner And Therfore Humbly Craveing the saids Lords would be pleased to Consider that the forsaid clame of aliement was allready determined and refused by the Judge ordinar and if any new argument be or difficulty remaine that the saids Lords would either yet remitt the same to be further Considered by ther Lordships or allow a hearing in their oun presence notwithstanding of the former interloquitor which proceided upon some unjust Impressione made be the said Issobell Tyre which if the saids Lords would allow the petitioners to be heard they were able to convinceingly to redaque, and the saids Lords would Likewayes Consider the insolence of the said Issobell Tyrie who contrary to comon knowen forme has upon a horning raised in the Councill Chamber used a Caption out of the ordinary signet as the petition bears, The Lords of their Majesties privy Councill haveing Considered the petitione given in to them be the above Euphan Blair and her sone And the parties being Called Compeired personall the said James Blair of Lethentie for himself and his mother with Mr Hew and Mr David Dalrymples their advocats And sicklike Compeired personally the above Issobell Tyrie Ladie Glascloon with Sir James Stewart and Sir James Ogilvie her advocats, The saids Lords of their majesties privy Councill haveing heard both parties Advocats, And haveing Considered the petitione with the bill of suspensione quherto it relates given in be the petitioners against the Lady Glascloon They heirby suspend the letters and Charges at the instance of the Lady Glascloon against the petitioners suspenders upon the saids petitioners, And Declaires them quyte therof and free therfrae in all time comeing.

Edinburgh The Twentie fourth day of Jully Jaj vjc nyntie four years

D1694/7/191

Decreet

Decreet of Suspension: Ladie Lethentie Against The Lady Glascloon

Anent the petition given in to the Lords of their majesties privy Councill be Euphan Blair relict of Mr George Blair of Lethendy and James Blair her sone Shewing That wher the petitioner haveing right to expured adjudicationes and reall rights affecting the lands of Glascloon quherof the true soumes farr exceid the value quhich are unquestionably preferrable to any pretence or clame Competent to Issobell Tyrie relict of James Blair of Gascloon, yet this unreasonable woman being exceiding Clamerous hath obtained severall soumes of money to be modified to her upon a pretence of a depending proces quherin as she sayes she will undoubtedly prevaill at last and ther being a late modification of four hundred merks in the vaccance on the old pretence, The petitioners did presant a bill of suspensione and got executione sisted till the thretein of June then2 instant Such was the said Issobell Tyries Importunity that she not only denunced and registrated the petitioners within the dayes of the sist but also prevailled to gett the sist removed before the dayes expyred without the petitioners knowledge without answer or allowing the petitioners procurators to be heard on the grounds therof. The petitioners humbly Conceive the saids Lords hade received some particular accompt and Impressione of the matter to which the petitioner hade no oppertunity to make answer And Therfore the petitioners intreat the saids Lords That they would be pleased to Consider the following reasones why no aliement can be allowed conforme to the lawes of this kingdome Primo as to the said James Blair he is neither persewer nor defender (3nor Concerned in any process with the said Isobell Tyrie the right of the lands standing intirely in the persone of his mother his oun estate being all sold for Payment of Issobell Tyries father and husbands Cautionries so that he may Confidently say that any of the saids Lords number or any in the natione might alse well be subjected to ane aliement as he, Its true the petitioner has the hope of successione to his mother But that can found no more against him dureing his mothers life then any other of his bretheren and Sisters: As to the said relict she is alse Litle Lyable in Law to any aliement Because she has produced ane proces before the Lords of sessione really and preferrable rights upon the saids lands and Irrideemable rights double exceeding the value which she was necessitate to acquyre for releiff of Cautionries payed by her husband and sone for Issobell Tyries father and husband and the said Issobell produces no reall right at all but the extract of ane lifrent sasine without ane warrand so qualified that if the warrand were produced It would make the petitioner preferable, But that being a point of right to be determined be the Lords of sessione she was not to trouble the saids Lords furder therwith then this that since ever Issobell Tyrie intented her proces she hath never advanced one step altho she hath got severall aliements on that pretence But by her Clamour and Tergiversatione has stoped the petitioners Improbatione Which she is pursueing for Cutting of her pretence Secundo 4 the saids Lords being Overwearied with her Importunity Did in november last Remitt her applicatione for ane aliement to the sessione before whom her proces was depending And the Lords Found no ground for ane aliement, But refused her petitione, as some of the saids Lords number who are upon the sessione knowes And Which petitione with the deliverance the petitioner put in the Clerks of Councills hand yet she obtained ane aliement from the saids Lords after the sessione was up, and as it is supposed Cheifly on this ground that in Comoneing the petitioner hade offered a Considerable soume of money which (tho it hade been true) ought not to have been made use of but it is absolutely denyed that ever the petitioner or any other in her name made any such offer Tertio the petitioner is not to took back upon what aliements have been allready modified and payed to her But the petitioner humbly conceave that the repeating and to Continueing such aliements upon pretence of Depending processes cannot be found agreeable to old Law for as the petitioner has said she has allready produced before the Judge ordinar instructiones of debts exhausting all and therby excludeing Issobell Tyrie which she does not pretend to redacque in the way of Law, and when in the event it shall be found by derisione of the Judge ordinar That Issobell Tyrie has no right in that estate It must be acknowledged be the saids Lords authoritie that the petitioner is Compelled to pay a soume wherto in law the petitioner is not Lyable and wherto Issobell Tyrie has no legall right for what ever Charity be due to her, yet ther is a great difference betwixt right and Charity ther is a legall Compulsione upon points of right, But Charity must be free and ought not to be at another charge Especially such as the petitioner is being ane old infirme woman with a numerous familly and has scarce so much free rent as ther Lordships hade ordained the petitioner to pay And its is not denyable that what Issobell Tyrie has gott or may receive is utterly lost when the petitioners right is found to be preferrable and extinguish the event and in generall the petitioner doe Contend that our Law does not allow any Modificatione upon the pretence of processes dureing the dependance therof much less that the samen should be repeited from time to time without any proceider in the prociess and ineffect the granting of these aliements tends to no other purpose but the said Issobell Tyrie (who has so extraordinar success in the procureing them against all Law and common Justice to her pretentiones) should endeavor to spine out the process and never come to a period, And seing the Cause does depend before the Lords of sessione who are now sitting and that the petitioners defences is founded upon their right produced in that process as also seing the petitioners has never been yet heard by ther procurators and that they cannot be excluded from a hearing especially upon grounds to which they hade no opportunity to make answer by reasone of her anticipating the day to which the sist was granted in a fraudelent and unusuall maner And Therfore Humbly Craveing the saids Lords would be pleased to Consider that the forsaid clame of aliement was allready determined and refused by the Judge ordinar and if any new argument be or difficulty remaine that the saids Lords would either yet remitt the same to be further Considered by ther Lordships or allow a hearing in their oun presence notwithstanding of the former interloquitor which proceided upon some unjust Impressione made be the said Issobell Tyre which if the saids Lords would allow the petitioners to be heard they were able to convinceingly to redaque, and the saids Lords would Likewayes Consider the insolence of the said Issobell Tyrie who contrary to comon knowen forme has upon a horning raised in the Councill Chamber used a Caption out of the ordinary signet as the petition bears, The Lords of their Majesties privy Councill haveing Considered the petitione given in to them be the above Euphan Blair and her sone And the parties being Called Compeired personall the said James Blair of Lethentie for himself and his mother with Mr Hew and Mr David Dalrymples their advocats And sicklike Compeired personally the above Issobell Tyrie Ladie Glascloon with Sir James Stewart and Sir James Ogilvie her advocats, The saids Lords of their majesties privy Councill haveing heard both parties Advocats, And haveing Considered the petitione with the bill of suspensione quherto it relates given in be the petitioners against the Lady Glascloon They heirby suspend the letters and Charges at the instance of the Lady Glascloon against the petitioners suspenders upon the saids petitioners, And Declaires them quyte therof and free therfrae in all time comeing.

1. NRS, PC2/25, 28r-30v.

2. Insertion.

3. Closing bracket missing.

4. One illegible word scored out here.

1. NRS, PC2/25, 28r-30v.

2. Insertion.

3. Closing bracket missing.

4. One illegible word scored out here.