Judicial Proceeding, 14 November 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Edinburgh the Fourteinth day of November Jaj vjc Nyntie thrie years

D1693/11/101

Judicial Proceeding

Remitt Blair of Lethendie Against The Lady Glascloon

Anent a Petition given in to the Lords of their Majesties privy Councill be James Blair late of Lethendie Shewing That quher the petitioner is informed that Issobell Tyrie relict of the deceast James Blair some time of Glascloon hath given in ane petition to the saids Lords representing that she stands infeft in the land of Glascloon for a lyfrent annuity And that notwithstanding therof the petitioners father did acquyre right to ane adjudication of the lands from Dick of Grang who being diponed to the petitioner, The petitioners mother she obtained a decreet of removeing against the said Issobell Tyrie before the Shireff of Pearth without a citation and therupon ejected her out of the lands and did take away the Chartor Chist and papers in quhich ther might have been Dischargers of the debts and that she and her Childreen has nothing quherupon to subsist, And that she haveing pursued for mails and Duties the Cause was advocat to the Lords which being debate It was ready to be reported And that their Lordships did Grant ane aliment to her in the year Jaj vjc Eightie […] for thrie or four hundred merks for the space of thrie years before the action should be discust, And that therafter the Lords of Session hade allowed her ane aliement for some years, And that the petitioners mother hade not above ten Thousand merks of debt upon the lands which were worth two thousand merks a year And Therfore Craveing the Lords would repossess her to the house and lands of Glascloon and a pleugh of Lands and some Cotteirs, And Farder the said Issobell Tyrie has of late moved againe that the petitioner may be made Lyable as his mother was upon the deliverance of the said Issobell Tyries bill, which was Lykewayes granted the last Councill day bot not to be extracted before this Councill day to the effect the petitioner might have Liberty to answer and now its humble represented and answered therto primo Wheras it is humbly represented and answered therto primo Wheras it is pretended that she stands infeft in ane lyfrent the same is groundles and Irrelevant for the warrand of the said Sasine Is reduced and Improven at the instance of Graing Dick and therby the force and effect of the said infeftment is intirely taken away Secundo wheras it is provyded that the petitioners father did acquyre right to the said appryssing against Grainge Dick and that the petitioners mother obtained and decreet of removeing against her and her Childrein without citatione and took away her Chist and papers Its answered that the petitioners deceast father being Cautioner for his brother the said Issobell Tyries husband in many Soumes of money and particularly in the Soumes contained in Grange Dick his adjudicatione and being Likwayes distrest at Grange Dick his adjudicatione and being Likewayes distrest at Grange instance alse weell as at the instance of severall other Creditors, He was necessitate to sell his oun estate of Lethendie for payment of these debts and other debts for which Likewayes ajudicationes was ledd, And which will thrie times exceed the value of the lands of Glascloon quhich about Eleven hundreth merks a year and upon which the petitioner has advanced ane Thousand punds sterling quherof he has no expectatione of releiff which appears by the punds now presently depending before the Lords of Sessione and its a strange confidence of the said Issobell Tyrie yet to pretend to ane aliement out of the said Lands which are so over burdened with her husbands debt to the prejudice of his Lawfull Creditors with ane extraordinary Confidence to pretend that they are two thousand merks a year Wheras indeed they ae but Eleven hundred a year Tertio when the petitioners father was necessitate to sell the lands of Lethendie the petitioners mother renewed her Joyntur therin and wes new infeft inlew therof in the lands of Glascloon and though she be not so Clamerous, yet her cause is more favorable then that of2 the said Issobell Tyrie and her familly would suffer alse much as she pretends to doe now If ther Lordships should grant the most unreasonable desyre of this petitione or restore her conforme to the act Jaj vjc Eightie thrie Quarto Quheras she pretends that the Chartor Chist was Imbazled by hir mother or3 him Its answered the same is of a peer with the rest Calumnious and Clamerous, and when it was alledged before the Lords of Session and referred to his mothers oath and his she was so Conscious that she might safely swear that it was false and that she resiled when they ready to depone Quinto as to the pretences that ther was ane Decreet of removeing obtained at her mothers instance against her it wes absolutely false for first it wes not obtained by the petitioners mother bot by Graing Dick before the petitioners father4 hade accuyred the right of adjudication nixt it is a most legall and formall Decreet and when she insists before the Judge ordinar she shall be answered, albeit the Lords did formerly grant her ane aliment in the year Jaj vjc nyntie, yet the Comittie at that tyme did expressly Declair that she Should never receive any more, and if she please to be ingenious she knowes this Bot lastly the only thing thats true in the bill is, That she haveing pursued for maills and duties before ane inferior court The Cause wed advocat to the Lords and readie to be reported the closs of the last session though the cause being so advanced was not by her dilligence Bot on the contrary she did descarde the same not being able to produce a suficient title the warrant of her sasine being reduced and Improven as said is And by this ground the Lords may perceive how absurd the desyre of the said Issobell Tyries bill is, For if it be true as it is agreed, yet the matter is allready so farr discust before the Lords of Sessione who are only Competent to Judge the pretences founded on in her bill, How unreasonable it is that the Lords should be troubled with it, for it is plaine all her grounds aryse from the points of Civill right and the Lords of session were so farr from being convinced of the Justice of her desyre, That they refused her ane aliement and altho the petitioner hade no other defences Bot that the matter is depending before the Lords who are accustumed to give aliements upon extraordinary Occasiones, And that they are only capable to Decerne how farr she is founded to demand ane aliement, The petitioner humbly conceave It is Suficient to exclude her clamerouse bill nor doe the petitioner ever beleive that ever the Lords would have granted the same bot because at the time the session was not sitting And Therfore humbly Craveing the saids Lords would not only refuse the desyre of this new bill Craveing that he might be made Lyable for the Lady Glascloones aliement Bot Lykewayes to recall ther Lordships former delyverance and act in favors of the said Lady and to leave the matter of aliement to be discussed before the Lords of session To allow or not allow the said aliement as they should see reasone on Consideratione of the Cause, which has so long already depended before them, and it is so farr ane way to on conclusione As the petition bears The Lords of their Majesties privy Councill haveing heard the forgoeing petition given in to them be James Blair late of Lochendie read in their presence They heirby Remitt to the Lords of Session to Consider the proces depending before them betwixt the petitioner and the Lady Glascloon and that Summarly without abyding the course of the roll as to the point of aliement only.

Edinburgh the Fourteinth day of November Jaj vjc Nyntie thrie years

D1693/11/101

Judicial Proceeding

Remitt Blair of Lethendie Against The Lady Glascloon

Anent a Petition given in to the Lords of their Majesties privy Councill be James Blair late of Lethendie Shewing That quher the petitioner is informed that Issobell Tyrie relict of the deceast James Blair some time of Glascloon hath given in ane petition to the saids Lords representing that she stands infeft in the land of Glascloon for a lyfrent annuity And that notwithstanding therof the petitioners father did acquyre right to ane adjudication of the lands from Dick of Grang who being diponed to the petitioner, The petitioners mother she obtained a decreet of removeing against the said Issobell Tyrie before the Shireff of Pearth without a citation and therupon ejected her out of the lands and did take away the Chartor Chist and papers in quhich ther might have been Dischargers of the debts and that she and her Childreen has nothing quherupon to subsist, And that she haveing pursued for mails and Duties the Cause was advocat to the Lords which being debate It was ready to be reported And that their Lordships did Grant ane aliment to her in the year Jaj vjc Eightie […] for thrie or four hundred merks for the space of thrie years before the action should be discust, And that therafter the Lords of Session hade allowed her ane aliement for some years, And that the petitioners mother hade not above ten Thousand merks of debt upon the lands which were worth two thousand merks a year And Therfore Craveing the Lords would repossess her to the house and lands of Glascloon and a pleugh of Lands and some Cotteirs, And Farder the said Issobell Tyrie has of late moved againe that the petitioner may be made Lyable as his mother was upon the deliverance of the said Issobell Tyries bill, which was Lykewayes granted the last Councill day bot not to be extracted before this Councill day to the effect the petitioner might have Liberty to answer and now its humble represented and answered therto primo Wheras it is humbly represented and answered therto primo Wheras it is pretended that she stands infeft in ane lyfrent the same is groundles and Irrelevant for the warrand of the said Sasine Is reduced and Improven at the instance of Graing Dick and therby the force and effect of the said infeftment is intirely taken away Secundo wheras it is provyded that the petitioners father did acquyre right to the said appryssing against Grainge Dick and that the petitioners mother obtained and decreet of removeing against her and her Childrein without citatione and took away her Chist and papers Its answered that the petitioners deceast father being Cautioner for his brother the said Issobell Tyries husband in many Soumes of money and particularly in the Soumes contained in Grange Dick his adjudicatione and being Likwayes distrest at Grange Dick his adjudicatione and being Likewayes distrest at Grange instance alse weell as at the instance of severall other Creditors, He was necessitate to sell his oun estate of Lethendie for payment of these debts and other debts for which Likewayes ajudicationes was ledd, And which will thrie times exceed the value of the lands of Glascloon quhich about Eleven hundreth merks a year and upon which the petitioner has advanced ane Thousand punds sterling quherof he has no expectatione of releiff which appears by the punds now presently depending before the Lords of Sessione and its a strange confidence of the said Issobell Tyrie yet to pretend to ane aliement out of the said Lands which are so over burdened with her husbands debt to the prejudice of his Lawfull Creditors with ane extraordinary Confidence to pretend that they are two thousand merks a year Wheras indeed they ae but Eleven hundred a year Tertio when the petitioners father was necessitate to sell the lands of Lethendie the petitioners mother renewed her Joyntur therin and wes new infeft inlew therof in the lands of Glascloon and though she be not so Clamerous, yet her cause is more favorable then that of2 the said Issobell Tyrie and her familly would suffer alse much as she pretends to doe now If ther Lordships should grant the most unreasonable desyre of this petitione or restore her conforme to the act Jaj vjc Eightie thrie Quarto Quheras she pretends that the Chartor Chist was Imbazled by hir mother or3 him Its answered the same is of a peer with the rest Calumnious and Clamerous, and when it was alledged before the Lords of Session and referred to his mothers oath and his she was so Conscious that she might safely swear that it was false and that she resiled when they ready to depone Quinto as to the pretences that ther was ane Decreet of removeing obtained at her mothers instance against her it wes absolutely false for first it wes not obtained by the petitioners mother bot by Graing Dick before the petitioners father4 hade accuyred the right of adjudication nixt it is a most legall and formall Decreet and when she insists before the Judge ordinar she shall be answered, albeit the Lords did formerly grant her ane aliment in the year Jaj vjc nyntie, yet the Comittie at that tyme did expressly Declair that she Should never receive any more, and if she please to be ingenious she knowes this Bot lastly the only thing thats true in the bill is, That she haveing pursued for maills and duties before ane inferior court The Cause wed advocat to the Lords and readie to be reported the closs of the last session though the cause being so advanced was not by her dilligence Bot on the contrary she did descarde the same not being able to produce a suficient title the warrant of her sasine being reduced and Improven as said is And by this ground the Lords may perceive how absurd the desyre of the said Issobell Tyries bill is, For if it be true as it is agreed, yet the matter is allready so farr discust before the Lords of Sessione who are only Competent to Judge the pretences founded on in her bill, How unreasonable it is that the Lords should be troubled with it, for it is plaine all her grounds aryse from the points of Civill right and the Lords of session were so farr from being convinced of the Justice of her desyre, That they refused her ane aliement and altho the petitioner hade no other defences Bot that the matter is depending before the Lords who are accustumed to give aliements upon extraordinary Occasiones, And that they are only capable to Decerne how farr she is founded to demand ane aliement, The petitioner humbly conceave It is Suficient to exclude her clamerouse bill nor doe the petitioner ever beleive that ever the Lords would have granted the same bot because at the time the session was not sitting And Therfore humbly Craveing the saids Lords would not only refuse the desyre of this new bill Craveing that he might be made Lyable for the Lady Glascloones aliement Bot Lykewayes to recall ther Lordships former delyverance and act in favors of the said Lady and to leave the matter of aliement to be discussed before the Lords of session To allow or not allow the said aliement as they should see reasone on Consideratione of the Cause, which has so long already depended before them, and it is so farr ane way to on conclusione As the petition bears The Lords of their Majesties privy Councill haveing heard the forgoeing petition given in to them be James Blair late of Lochendie read in their presence They heirby Remitt to the Lords of Session to Consider the proces depending before them betwixt the petitioner and the Lady Glascloon and that Summarly without abyding the course of the roll as to the point of aliement only.

1. NRS, PC2/24, 268v-270v.

2. Insertion.

3. The word ‘the’ scored out here.

4. The word ‘deponed’ scored out here.

1. NRS, PC2/24, 268v-270v.

2. Insertion.

3. The word ‘the’ scored out here.

4. The word ‘deponed’ scored out here.