Edinburgh Tuesday 26th February 1695

D1695/2/28

D1695/2/28¹

Decreet

Decreet Sinclars and Hemprigs Against Sinclars

Anent the Lybell raised and pursued befor the Lords of his majesties privy Councill at the instance of Elizabeth, Jannet, Katharin and David Sinclars Cheldrein to the deceast William Sinclar of Dumbaith Mentioning That wher the pursuers deceast father did at the time of his death Live ane opulant fortune both of reall and personall estate and did provyd his Cheldrein by bonds and otherwayes to clear and distinct provisiones and amongst others did provyde the saids persewars the saids Elizabeth, Jannet, Margrat, and Catharin each of them the soume of four Thousand merks a peice and to the said David his youngest sone to the soume of fyve thousand merks And Caused John Sinclar his eldest sone to signe bonds for all the saids persewers respective provisiones forsaids, and haveing a litle before his death Disponed his estate to William Sinclar his second sone Caused him also to grant bonds for ther respective provisions yet nevertheless the said John and William Sinclars the said pursuers bretheren whither by debate or Connivance betwixt themselves doe both withhold and detaine from the said pursuers ther forsaids bonds of provisione and Likewayes refuse to allow them any aliement or mens for ther subsistance albeit the saids pursuers be all the Cheldrein of the same father and mother are very meanly provyded whillest the saids two bretheren do enjoy ane opulent and plentifull estate Wherby they are left destitute even of their necessary subsistance and would Certainly have perished unles some of their more remott relationes seing them stragling hade in pity and Comon humanity offered them some help suport and releiff which was denyed to the saids pursuers by their oun bretheren And seing the saids Lords of privy Councill are the patrons of destitute Orphans and fatherless Childrein and that the saids pursuers have oft and diverse times desyred and requyred the said William Sinclar their brother who has their bonds of provision in his hands and also has intromitted with ther fathers haill personall estate and moveables and particularly with the wrytes and Chartor Chist of their said deceast father and all his moveable goods which are most directly Lyable to the said persewers debt, To exhibit and delyver to the saids pursuers their saids bonds of privisiones yet the defenders absolutly refusses to doe the same Therfore the said William ought and should be Decerned by the saids Lords ther sentance or Decreet not only to exhibit and delyver up to the saids pursuers their saids bonds of provisiones to be keeped and used be them as ther oun proper wrytes and evidents But likewayes To make payment to the said pursuers of ane Competent aliement or aliements to be modified be the saids Lords, Wherby the saids persuars may be maintained intertained and educat as becomes ther fathers Childrein and the saids Lords of privy Councill should authorize a Tutor or Curator to them ad Litem for prosecuteing and Carieing on of this proces and for receiveing up of their papers, and the aliement which shall be modified be the saids Lords to the saids pursuers and granting discharges of the same And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines under the paine of rebellione etc as the principall letters and executiones therof at more length Containes Which Lybell being upon the Seventh of February instant Called in presence of the saids Lords and the persewars Compeiring be Mr Robert Frazer ther advocat with William Dunbar of Hemprigs who alledged he hade Commission from the persuars and produced to missive letters from them and the defender Compeiring personally with Mr John Menzies his advocat, The saids Lords Recomended to a Committie of ther oun number to Call for and hear both parties and endeavor to setle and agree them and in case of Difficultie to report to the Councill, And accordingly the Committie Haveing mett and given in a report, The Councill upon ane Supplication given in to them for the defender Representing that they were not heard at the makeing the report Did not advyse the same Butt allowed both parties to be heard in ther oun presence And accordingly the said Lybell being Called this day In presence of the saids Lords of his majesties privy Councill and the said William Dunbar of Hemprigs Having Compeired personally for the said pursuers with Mr Hew Dalrymple and Mr Robert Frazer advocats for the pursuers And William Sinclar defender Compeiring also personally with Mr John Meinzies and Mr David Cuninghame his Advocats The lybell and answers therto being read and both parties Advocats fully heard, The saids Lords Remitts That part of the Lybell anent the exhibitone to be pursued before the Judge ordinar via ordinaria, And Modifies Two years aboverent of the respective principall soumes mentioned in the Lybell as the pursuers provisions for aliement of the saids pursuers Comensing from mertimiss Last J^aj vj^c nyntie four years to mertimiss J^aj vj^c nyntie six years, And Decernes and Ordaines the said William Sinclar defender To make payment to the said William Dunbar of Hemprigs of the said annualrent for aliement as said is at the termes following viz The first termes annualrent at the terme of Whitsunday J^aj vj^c nyntie five years, The second terme at mertimiss the said year, The thrid terme at Whitsunday J^aj vj^c nyntie six years and the fourth and Last terme at Mertimiss the said year, And Ordaines letters of horning on fiftein dayes and others needfull to be direct heiron at Hempriggs instance In forme as effeirs, And Declaires that the Discharge heirof Which shall be granted be William Dunar of Hempriggs shall be a suficient exoneratione to the defender of the aboverents of the bonds Lybelled pro tanto.