Edinburgh 8th March 1705

D1705/3/4

D1705/3/4¹

Judicial Proceeding

Lybell Craig of Riccartoun against Sir James Baird

Anent the lybell or letters of Complaint raised and persued befor the Lords of her Majesties privie Councill at the instance of Robert Craig of Riccartoun, in the matter underwritten, Mentioning That where by the Lawes and acts of parliament it is particularly provyded that if a Defuncts estate be entirely possessed by a superior or his Donator the air ought to have a competent allowance and aliment appoynted and Decerned to him, so by the daylie practise of all the Judicatures of the Kingdome, and particularly by frequent determinations from the Lords of privie Councill in consideration both of the justice and compassion peculiar to the saids Lords in cases of that nature, aliments are modified and appoynted for the Support and Sustentation of Airs who have right and fall to the Succession of estates so farr exhausted and overburdened with many great and exorbitant lyferents and debts, as there does not remaine so much free rent as will be a competent and suteable subsistance to the Air, And true it is that the said Complainer by the decease of Thomas Craig his Brother, being nixt and lawfull Air to the estate of Riccartoun, And judgeing it expedient for his Brothers Credite and preserveing the memory of the Family, to enter Air to him, and therby become obnoxious for fullfilling and paying his debts and deeds, was necessitat to come under the burden of ane estate so farr exhausted with debts and lyfrents That after diverse years struggling with the same, the Complainer is so farr disabled in the least to provyde himselfe that inevitablie he must be exposed to the outmost extremities of want, unless the saids Lords of privie Councill provyde remead, and appoynt the Complainer ane aliment at least for so long tyme as the Lyferenters live and continue to be a burden upon the Complainer, And to evince the saids Lords that there is no free rent for the said Complainer to Subsist upon out of the said Estate, he was ready instantly to instruct that albeit the estate left by the Complainers Brother Thomas Craig did extend to Eight Thousand eight Hundered and Seventie merks Six Shilling eight pennies yearly, Yet that by the Complainers Mother and Sister in Lawes lyfrent, Extending to Six thousand two Hundered merks, The Cess few and teynd duties, Ministers Stipends and Schoolmasters fees, extending to Twelve Hundered merks, and the aboverents of One Hundered and Twentie Thousand merks principall soumes as debt left by the Complainers Brother doe Vastly exceed and exhaust the rent of the forsaid estate, all which he was ready to instruct, so that nothing was left for the persuer to Subsist upon, and through by manifold endeavours he hath Striven since the death of his Brother, to Support his Brothers reputation (over his own distress and prevent the present extremitie) Yet from the premises it may be now evident to the saids Lords how indispenceable it is that ane aliment be modified by the saids Lords for relieving the Complainers extream hardships, Therfore just and necessary it is that the Lords Modifie ane aliment Suitable to the Complainers Circumstances and appoynt Ordaine and determine the Samen to be payed by Margaret Dalgleish the Complainers mother, and Elizabeth Gibsone relict of the Deceast Thomas Craig of Riccartoun the Complainers Brother, and now Spous to Sir James Baird of Sauchtonhall for his interest by such proportions as the saids Lords Shall think fitt, Beginning the first termes payment therof, at the Terme of Whitsonday next to Come for the halfe year immediatly presceiding and so furth therafter at two termes in the year by equall portions, so long as the saids Lyfrents Shall be a burden upon the said estate And Anent the charge given to the saids Defenders to have Compeared personally befor the Saids Lords at ane certain day bygone to answer to the forsaid Complaint, And to have heard and seen such order and course taken thereanent as appertains, With Certification, as the said lybell or letters of Complaint with the executions therof at more length proports, Wherunto Dame Elizabeth Gibson and Sir James Baird of Sauchtonhall her husband, gave in answers to the lybell of Aliment at the instance of Mr Robert Craig of Riccartoun Advocat, against them, When the marriages were aggreed betwixt the deceast Thomas Craig of Riccartoun and the Said Dame Elizabeth Gibson, and betwixt Sir John Gibson her Brother, and Elizabeth Craig Sister to the Said Thomas Craig in regaird Riccartounes Father, was dead, and he in possession of ane estate in Scotland of Ten Thousand merks a year, and ane other in Ireland worth Eightein thousand merks a year, And that Sir John Gibsons Father, Sir Alexander was alyve and however that Sir Alexander his estate was not worth the halfe of what Riccartoun pretend his to be, as aforsaid, Therfore Sir Alexander gives Four thousand merks of more Tocher, with his Daughter to Riccartoun, then Riccartoun gave to Sir John, Sir Alexanders Son, and yet accepts of the like joynture, viz each of them Two Thousand, two hundereth merks of Annuity Thomas Craig dyes in July J^aj vi^c and nynty years, and Leaves only one Daughter behind him, wherby Mr Robert Craig Advocat his Brother Succeeded to those oppulent estates in Scotland and Irland, and was presently elected to represent the shyre in parliament, and besydes his Estate of Twentie eight Thousand merks a year, there was likewise due to his Brother Fourtie Fyve thousand Merks by the Viscount of Kenmure and Cautioners, when this Mr Robert Craig Succeeded his Scots estate was burthened with Three thousand merks a year to his Grandmother, and other Three thousand merks to his mother, and Two thousand Two Hundereth merks to the said Dame Elizabeth Gibson his Sister in Law, Notwithstanding of all which burthens (which continued till the year J^aj vii^c and one years, at which tyme his Grandmother dyed) he pretends to no aliment but lives upon his irish Estate, and what was unlyfrented of his Scots, and by his Imployment, But Since his Grandmothers death, and the accession of that three thousand Merks more yearly to his rent, he had imployed most of his tyme in Ireland, and had there Sold upwards of Eight Thousand pound Sterling worth of woods, built Glassworks and Ships, and Merchandized, and if by those probable projects he had exhausted his vast estate in Ireland, and overburthened this in Scotland, it is not reasonable that those who containe themselves within their own bounds, and lived upon their provisions Should make up the Disappoyntments he had mett with from his projects, and last of all that Dame Elizabeth Gibson Should Doe the Same who had never gott thankfull or good payment, And her Daughter only Secured with difficulty in a portion of Eighteen thousand merks in place of that great estate, wherof she was the lineall Air, To which if she had Succeeded, the estate would be free of debt ere this tyme, The Lyfrenters punctually payed, And She herselfe would have had a large free² fortune to have lived upon, Mr Robert now after his Brother is Fyfteen years dead, is not Satisfied with the benefite of Succession to his Brother, but had applyed to their Lordships for ane aliment from his Brothers wyfe, and his own Mother, as to which it was Answered for Dame Elizabeth Gibson and her Husband, that as to the aliment demanded of his Mother, who has Four Thousand merks per annum they did not oppose it, but as for herselfe, who brought fourteen Thousand merks to their Family, and has but one Daugher Secluded from the Succession, and ane joynture of Two thousand Two Hundereth merks, which is mean in every respect, She can be burthened with no aliment in respect She is not in the case of Lyfrenters of Lands who have the possession, and debarr the Air, for heire Mr Robert Craig the Air is in possession, and She only ane Creditor for her annuity, and Secundo he has no prejudice by that Annuity because through She were dead his Creditors not he would Succeed therto, the estate being exposed to Sale and publick roup, And Tertio It is not aggreeable to the faith of a Contract of Marriage, that a Lady Secured in a small Annuity, Shoould be burthened with any pairt of the Aliment of the Air, Quarto when his Brother dyed, the pursuer Succeeded to ane oppulent and free fortune, which was now overburthened with his own debts, And Quinto he is ane Advocat, and no man that had imployment ever gott aliment, Last of all this being true poynt of civill right ought to give no trouble to their Lordships, but to the Lords of Session, who have tyme to take probation of the rentall of the Estate at the predecessors Decease, and of the debts due by him, And so where ane aliment is competent, the same might be modified with respect therto, which tyme their Lordships can neither allow, nor is it proper to demand, And therfore the Defenders ought to be Assoilzied, or this proces remitted to the Session as the said answers bears, The above Lybell at the instance of Robert Craig of Riccartoun, againest Margaret Dalgleish his mother, Dame Elizabeth Gibson spous to Sir James Baird of Sauchtonhall, and the said Sir James for his interest being Called, and the persuer Compearing personally at the Barr, with Sir David Dalrymple, and Mr Alexander McLeod his advocats, And the Defenders Compearing by Sir Patrick Home and Mr James Steuart there advocats, And the Lybell with answers therto by the said Dame Elizabeth Gibson and Sir James Baird, Being read, and pairties Lawiers head at the Barr and removed, The Lords of her Majesties privie Councill Doe heirby Nominate and appoynt, The Earles of Buchan, Loudoun, and the Thesaurer Deput, to be a Committee to Consider the proces at the persuers instance Insofarras may relate to his Mother, And Recommends to the said Committee to meet to morrow morning at ten acloack in the fornoone, And Declairs any Two a Quorum and to report, And the said Lords have refused and heirby refuses to Sustain proces against the said Dame Elizabeth Gibson, and the said Sir James Baird her Husband upon the said Lybell for the aliment therin mentioned.