Warrant, 31 December 1695, Edinburgh

Edinburgh Thursday the 8th August 1695

D1695/8/19

D1695/8/19¹

Decreet

Decreet The Lady St Leonards against Thornidykes

Anent the bill of Suspension given in to the Lords of his Majesties privy Councill be Mr Alexander Brown of Thorniedykes Shewing That wher the petitioner Is lately charged be vertue of letters of horning direct furth against him at the instance of Jannet Craig Lady St Leonards To make payment to her of the Sum of Five Hundred merks allenarly due by the petitioner to her for aliement to her and her familly, Since Aprill J^aj vi^c Nyntie two to Aprill J^aj vi^c Nyntie thrie years being ane year Compleat, And of the like Sum of five hundred merks since Aprill J^aj vi^c nyntie thrie to Aprill J^aj vi^c Nyntie four years the said terme being first come and bygone and alse to put her in the possession of the house yeards and parks of St Leonards with the Kames and Carriadges of the said estate and ane horss grass Conforme to her husbands Dispositione and factory and Conforme to ane Decreit of ther Lordships obtained at her instance against the petitioner of the date the twentie Sixth of December J^aj vi^c Nyntie thrie years under the paine of rebellion and puting of the petitioner to the horne who for alledged not obedience intends to Cause denunce the petitioner rebell and put him to the horn most wrongeously and unjustly Considering It is of verity that the forsaid Decreet was obtained before ther Lordships against him in absence when he was lying sick of a Feaver without Calling so much as any of the Creditors of George Home of St Leonards her husband, Wheras if either the Creditors or the petitioner who is not only a preferrable Creditor on the estate of St Leonards But also was nominat factor by St Leonards before he went to Flanders for uplifting of his rents and payments of his Creditors, had been cited to hear any such Decreet given out they would have undoubtedly Compeired and proponed thir defences viz That they being preferrable Cautioners upon the estate of St Leonards long prior to the said George Home his Contract of mariadge with the said Jannet Craig she Could have no aliement out of the said estate at least dureing the life time of the said George Home who is now a Livetenent in Flanders and has a good pay which might mantaine her and him at least what ever aliement the saids Lords allowed her Could not be above the half which is now allowed Considering the Smallnes of the Estate that the debts does more then exhaust the same Secundo the petitioner Cannot be charged for to make payment of the rents Because the petitioner Is only factor by St Leonards for uplifting the rents dureing his absence furth of the kingdom, Which Cannot debarr the preferrable Creditors But so it is the tennents are distressed at the instance of Mary Scot relict of umquhill Robert King and John King her Sone for payment of the sum of Ane Thousand merks yearly to them as being preferred by the Decreet of the Lords of Councill and Session to the rents of the saids Lands And the rents are arreisted at ther instance Conforme to the executions of the horning and arrestments therwith produced, So that altho the forsaid Decreet for aliement were Sustained as valid by the saids Lords yet the petitioner can be no furder Lyable then Conforme to the petitioners intromissiones he being only factor And the tennents refuseing to make payment to the petitioner In Respect of the dilligence at the preferrable Creditors instance And therby the rent having been refused to be payed to the petitioner She Cannot be distressed for payment to her And she might disscuss her preferrence before the Lords of Councill and Session before the petitioner Could Warrantably make payment to her of² ane groat as also the Chargers injust in swa far as the petitioner is Charged for payment of the rent due Since Aprill J^aj vi^c Nyntie tuo Wheras the petitioner has made payment of the haill Annuity payable for the year J^aj vi^c Nyntie two Conforme to her factors Discharge dated the Eleventh of Jully J^aj vi^c nyntie four years As the two discharges therwith produced does testifie So that the petitioner being Charged for more then is due and being allwayes willing to have payed her till he was obstructed by the Areistments and tennents distress so that now the petitioner Cannot be Lyable in payment And Therfore Humbly Craveing the saids Lords to Grant letters for Calling the said Charger for production of the saids pretended letters and Charges with the executiones therof To have been Seen and Considered be the saids Lords and to have heard and seen the Samen Suspended for the reasones and Causes found and others as the said bill of Suspension bears Which bill of Suspension being read in presence of the saids Lords They allowed the said Lady St Leonards to see and answer the same, And in the mean tmie sisted execution at the Chargers instance against the said Suspender untill the answers be given in and advysed And the said bill of suspension and answers therto being read this day and Considered be the saids Lords of privy Councill They heirby Refuse the said bill and reason of suspension And not only Finds the letters orderly proceided against the said Mr Alexander Brown Suspender But also Decernes and Ordaines the tennents and possessors of the Lands of Hangingshaw Netleflat and others lifrented by the Charger to make payment to her of the said Sum of five hundred merks of aliement yearly upon her the Chargers oun recept, And Discharges the Creditors of St Leonards or the factor to trouble the saids tenents in so farr as concernes the said five hundred merks of aliement And Ordaines letters on Six dayes to be direct against the tennents for payment.