Decreet, 24 March 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twentie fourth day of March Jaj vic nyntie six yeirs

D1696/3/111

Decreet

Certificatione Lady Rollo against Lord Rollo

William by the grace of Gord King of Great Brittaine France and Ireland defender of the faith To […] Macers of our privie Counsell messengers at armes our Shireffs in that pairt conjunctllie and Severallie Specialle constitut greeting Forasmuchas Anent the lybell or complaint or petition2 raised and persewed befor The Lords of our privie Counsell at the instance of Mistress Margaret Balfour Lady Rollo for herself and Six childrein Shewing That wher by the Law of God and by the Lawes of this and all other well governed nationes It is the Duety of all Husbands to mentaine and provyde for ther wife and childrein Suteable to ther qwalitie and estate Yet nevertheles albeit the Said Lady Rollo Did bring with her ane considerable portione to her husband The Lord Rollo his familie viz his estate being apprised for the Soume of Fourtie Thowsand merks to which her father had right he Did Dispone the Samen to her husband And be vertue therof he brwiks and enjoyes his fortwne And altho it be well knowen that the said Lady hes wsed her wtmost endeavoures to Live Duetifullie and as became and Loveing wife with him And for peace Sake hes Suffered many injuries yet atleast he hes intirely alienat his affectione from her and hes associat himself with Isobell Kinniemouth a comoune whore And in the moneth of October Last he did desert his familie and hes ever Since cohabite with her He haveing off befor begott two Severall childrein upon her in Adulterie And as She is informed he hes disponed the liferent to Henry Rollo of Woodsyde wherby She and her Six childrein were intirely Destitut of aliment and provisione and is necessitat both for herself and them to make applicatione to The Lords of our privie Counsell That ane Suteable alimentary provisione be ther Lordships authoritie may be appointed And She humbly conceaves that the least that can be modified for alimenting of herself and childrein will be Four Thousand merks yeirly The estate being Eight Thousand merks of frie rent And most of the childrein haveing attained to the age of men and woemen And her own Jointure by the contract of mariadge being Fiffetein chalter victuall And Ane Thowsand punds of money with the house of Dwncumb And therfore humbly craveing That our Saids Lords would take the premisses to ther consideratione And in respect of the hard circumstances She is in at present to modifie the foirsaid Soume of Four Thousand merks yeirly for alimenting of herself and childrein and to appoint her the house of Dwncrub which is her Jointure house to Live in And also to allow her ane Suteable proportione of the fwrniture And for that effect to grant warrand for citeing him upon Sixtie Dayes She being informed She is out of the countrie As also for citeing of the Said Henry Rollo his trwstie and in the mean tyme to appoint the said Henry Rollo and the tenents to pay to her Ane Hundereth punds Sterleing for Subsistance her husband haveing ordered the tenents to pay her nothing The which petitione being red in presence of the saids Lords of our privie Counsell They by ther act of the day and date of thir presents appointed The Said Lady Rollo to cause intimat the Same to Henry Rollo of Woodsyde and allowed him or any others to Sie and ansuer the Same And ordained thir our Letters to be direct in maner and to the effect eftermentioned And anent the charge given to the Said Lord Rollo to have compeared personallie befor our Saids Lords of privie Counsell at ane3 Day and Date4 of thir presents to have answered to the grounds of the forsaid petitione And to have heard and Sein Such order and course taken theranent As the Saids Lords Shall think fitt wnder the paine of rebellione etc with certificatione to him if he faillie the Saids Lords will proceed and advise the bill and Determine therin notwithstanding of his Lordships not compeareance The which lybell being called upon the day and Date of thir presents in presence of the saids Lords of his majesties privie Counsell And James Stewart advocat compeareing as Advocat for the persewer The Said Lord Rollo Defender being oft tymes called and not compeareing The Saids Lords Lords5 of our privie Counsell Did grant certificatione Against the said Lord Rollo in respect of his absence and not compearance and ordained Letters to be direct to macers or messengers at armes comanding them to pass to the mercat croce of […] And other places needfull and ther in our name and authoritie Duely Laufullie and orderly Denunce the said Lord Rollo our rebell Escheat and inbring all his moveable goods and geir to Our use for his contempt and disobedience

Att Edinburgh the twentie fourth day of March Jaj vic nyntie six yeirs

D1696/3/111

Decreet

Certificatione Lady Rollo against Lord Rollo

William by the grace of Gord King of Great Brittaine France and Ireland defender of the faith To […] Macers of our privie Counsell messengers at armes our Shireffs in that pairt conjunctllie and Severallie Specialle constitut greeting Forasmuchas Anent the lybell or complaint or petition2 raised and persewed befor The Lords of our privie Counsell at the instance of Mistress Margaret Balfour Lady Rollo for herself and Six childrein Shewing That wher by the Law of God and by the Lawes of this and all other well governed nationes It is the Duety of all Husbands to mentaine and provyde for ther wife and childrein Suteable to ther qwalitie and estate Yet nevertheles albeit the Said Lady Rollo Did bring with her ane considerable portione to her husband The Lord Rollo his familie viz his estate being apprised for the Soume of Fourtie Thowsand merks to which her father had right he Did Dispone the Samen to her husband And be vertue therof he brwiks and enjoyes his fortwne And altho it be well knowen that the said Lady hes wsed her wtmost endeavoures to Live Duetifullie and as became and Loveing wife with him And for peace Sake hes Suffered many injuries yet atleast he hes intirely alienat his affectione from her and hes associat himself with Isobell Kinniemouth a comoune whore And in the moneth of October Last he did desert his familie and hes ever Since cohabite with her He haveing off befor begott two Severall childrein upon her in Adulterie And as She is informed he hes disponed the liferent to Henry Rollo of Woodsyde wherby She and her Six childrein were intirely Destitut of aliment and provisione and is necessitat both for herself and them to make applicatione to The Lords of our privie Counsell That ane Suteable alimentary provisione be ther Lordships authoritie may be appointed And She humbly conceaves that the least that can be modified for alimenting of herself and childrein will be Four Thousand merks yeirly The estate being Eight Thousand merks of frie rent And most of the childrein haveing attained to the age of men and woemen And her own Jointure by the contract of mariadge being Fiffetein chalter victuall And Ane Thowsand punds of money with the house of Dwncumb And therfore humbly craveing That our Saids Lords would take the premisses to ther consideratione And in respect of the hard circumstances She is in at present to modifie the foirsaid Soume of Four Thousand merks yeirly for alimenting of herself and childrein and to appoint her the house of Dwncrub which is her Jointure house to Live in And also to allow her ane Suteable proportione of the fwrniture And for that effect to grant warrand for citeing him upon Sixtie Dayes She being informed She is out of the countrie As also for citeing of the Said Henry Rollo his trwstie and in the mean tyme to appoint the said Henry Rollo and the tenents to pay to her Ane Hundereth punds Sterleing for Subsistance her husband haveing ordered the tenents to pay her nothing The which petitione being red in presence of the saids Lords of our privie Counsell They by ther act of the day and date of thir presents appointed The Said Lady Rollo to cause intimat the Same to Henry Rollo of Woodsyde and allowed him or any others to Sie and ansuer the Same And ordained thir our Letters to be direct in maner and to the effect eftermentioned And anent the charge given to the Said Lord Rollo to have compeared personallie befor our Saids Lords of privie Counsell at ane3 Day and Date4 of thir presents to have answered to the grounds of the forsaid petitione And to have heard and Sein Such order and course taken theranent As the Saids Lords Shall think fitt wnder the paine of rebellione etc with certificatione to him if he faillie the Saids Lords will proceed and advise the bill and Determine therin notwithstanding of his Lordships not compeareance The which lybell being called upon the day and Date of thir presents in presence of the saids Lords of his majesties privie Counsell And James Stewart advocat compeareing as Advocat for the persewer The Said Lord Rollo Defender being oft tymes called and not compeareing The Saids Lords Lords5 of our privie Counsell Did grant certificatione Against the said Lord Rollo in respect of his absence and not compearance and ordained Letters to be direct to macers or messengers at armes comanding them to pass to the mercat croce of […] And other places needfull and ther in our name and authoritie Duely Laufullie and orderly Denunce the said Lord Rollo our rebell Escheat and inbring all his moveable goods and geir to Our use for his contempt and disobedience

1. NRS, PC2/26, 145v-147r.

2. The words ‘or petition’ are an insertion.

3. The word ‘certaine’ scored out here.

4. The words ‘and Date’ are written over another word.

5. Sic.

1. NRS, PC2/26, 145v-147r.

2. The words ‘or petition’ are an insertion.

3. The word ‘certaine’ scored out here.

4. The words ‘and Date’ are written over another word.

5. Sic.