Warrant, 31 December 1695, Edinburgh

[7 March 1695] Eodem die Post Meridiem

D1695/3/9

D1695/3/9¹

Decreet

Interloquitor William Sinclar

Anent a Petition given in to the Lords of his majesties privy Councill be William Sinclar brother German to the Laird of Drumbeath Shewing That quher umquhill William Sinclar of Dumbeath the petitioners father and John Sinclar his eldest sone haveing granted bond of provisione to the petitioner, his brothers and sisters, which is registrat and wherupon the petitioners brothers and sisters have been keept at Shoolls untill within these six weeks when the petitioner was at Edinburgh about his Lawfull affairs William Dumbar of Hemprigs has with drawen two of them and intyced other two of them to give him ane Commissione to pursue the petitioner before the saids Lords for Exhibitione of ane bond alledged granted by the petitioner to them and in the mean time to aliement them, Which being Called and debate and seing no interloquitor is reported the petitioner begs Leave to represent that it is of a dangerous Consequence to sufer remott relationes such as Dumbar of Hemprigs to withdraw and alinat Childrein and young persones from ther mother and bretherein more from designe to inhaunce ther fortune and make ane ruptur in the familly then from Compassione or affection to the Childrein, and if he Judge them missguided he may take one history to such as² are pupills and procure himself Chosen Curator to these that are minors and in either of which casses he most find Cautione for without any derrogatione to him the Childreins mean is more secure in the petitioners brothers hands then in his and when he has this title then he can insist against the petitioners brother for payment wheras his present designe first appears to divyde the Childrein from the petitioners brother and him and then by this extraordinary proces against the petitioner to oblidge him³ to pursue his brother and so divyde them whirto the petitioner Can never inclyne to, But resolves to avoid with all the care the petitioner can Secundo the proces is for aliement being this maner brought in before their Lordships then each pretending, Creditor tho without instructione will pursue his debitor before their Lordships Tertio the petitioner is nowayes debitor and be offered to be proven by the petitioners oath, Then the petitioner most depone upon the Conditione and qualificationes of any pretended bond granted by the petitioner and it has not been heard that aliements were granted to persewars so weell provyded as are the persewars by their eldest brothers and who has signified them kyndnes suitable to his relatione, which Hemprigs has grudged at and so has used this malicious proces for division But that their Lordships might be perswaded that the petitioner neither desyre to delay nor frustrat them of their Just right the petitioner is satisfied to advance ane half years annualrent of the portiones of the four daughters from whom Hemprigs has mandat and that from Candlmiss Last to Lambes nixt and that the proces for exhibitione payment and aliement be sumarly disscust before the Lords of sessione upon Hemprigs giveing the petitioner his oblidgment to Imploy the same upon the petitioners saids sisters and doeing dilligence for them against the petitioners brother and the petitioner quherin he shall use no dilaters, That the matter with ease the nixt sessione might be determined and the petitioner either found Lyable in payment or Hemprigs declared ane incendiary That from heirafter ther Lordships might be no more troubled with that affair as the petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above William Sinclar They Refuse the desyre therof And Adheres to the former sentance pronunced against the petitioner in the proces pursued at the instance of the younger Childrein of the deceast Laird of Dumbeath befor the Councill against him.