Tag Archives: decreta

Act, 12 March 1705, Edinburgh

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Edinburgh 12th March 1705

D1705/3/61

Act

Act In favours of Sir William Bruce of Stenhouse for an aliment

Anent the petition given in and presented to the Lords of her Majesties privie Councill, by Sir William Bruce of Stenhouse Humbly Shewing, That where Sir William Bruce of Stenhouse the Supplicants Grandfather in the sixtie one year of his age haveing married Alisone Turnbull Relict of Butler of Kirkland in the Fourtieth year of her age, he did out of ane Estate of Three thousand merks a year provyde her to a yearly Lyfrent of Eighteen Hundered merks, tho incumbred with great debts, The Marriage did only Subsist for two years, The petitioners Grandfather having dyed dureing which tyme the Children of her former marriage were maintained in his Family, after the petitioners Grandfathers Decease, Sir William Bruce this Father was necessitat to apply to the Lords of privie Councill for ane aliment out of this insupportable Lyfrent upon the ground that his Fathers whole estate was more then exhausted by the debt and Lyfrent, In the mean tyme befor his Fathers proces took effect he dyed, And the Lyfrentrix forseeing that ane aliment would be modified out of her Lyfrent, She prevailled with the Laird of Quarrell then the Supplicants Tutor to accept of Six Hundereth Merks And therby prevent a greater Modification by the Lords of privie Councill, after the petitioners Majority he was willing to avoyd all furder Complaint, while it was possible for him to Subsist upon that small allowance, But his Family being increassed by many small Children he was no longer able to Subsist as will appear by a true Rentall, and the yearly burdens given in with the said petition, Wherby after Stateing the restricted2 annuity, there only remained ane hundereth and seventie eight pound Scots for himselfe and numerous Family, And therfore and Seeing by the Law and knowen practise of this Kingdome, The Lyfrentrix is obliedged to intertain the heir if She lyfrent his whole estate, Which is the petitioners case, He was necessitat to apply to the saids Lords, and he did furder humbly represent that this Lyfrentrix was but two years married to his Grandfather, During which tyme he had never a Sixpence by her, but was burdened with the aliment of her Children by a former Husband, and that after his death, She hath married Four or Fyve Husbands, and hath considerable lyfrents by them all, and is presently married to John Grahame of Kilearne whyle in the mean tyme the Supplicant labours under great difficultie, Therfore Craveing the saids Lords to take the Supplicants case to their Serious Consideration, And to modifie such a furder allowance out of the remaineing Twelve thousand merks of joynture, as the saids Lords shall think fitt Suitable to the petitioners condition, and the Circumstances of this Lyfrentrix or if need were to grant warrand for citeing the said Alison Turnbull and her Husband, as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Sir William Bruce of Stenhouse, And the Samen being read in their presence, The Saids Lords Doe heirby grant Warrand to the petitioner to Cite Alison Turnbull Spouse to John Grahame of Culearne, and the said John for his Interest, to appear befor the saids Lords of her Majesties privie Councill, Upon the Twentie seventh day of February instant, and answer to what is Contained in the within petition, and to what the petitioner hes further to represent in the said matter, as ane act extracted theranent extant in proces bears, Upon which Act the Said Sir William Bruce caused Cite the Said Alison Turnbull, and John Grahame of Culairne her Husband, for his Interest, To Compear befor the Saids Lords of privie Councill day forsaid to answer to the effect abovementioned, as ane execution therupon under the hand of Robert Bannatyne one of the Meacers of privie Councill more fully bears, Therafter upon the said twentie seventh day of February last, The Said Act being called and both pairties Compearing personally at the Batt with there advocats, The advocats for the Defenders gave in the answers following, viz: By Contract of Marriadge, betwixt Sir William Bruce of Stenhouse, and the said Dame Alison Turnbull, She is provyded in case She Survive him to ane lyfrent annualrent of Eighteen hundered merks per annum, The Marriage having Subsisted Four years, and Sir William Bruce his eldest son dying, the Lady for respect to the Family and her Husbands memory, enters in Contract with the Laird of Quarrell Sole Tutor to this Sir William, Wherby for preserveing of the Family, and in lieu of ane Aliment could be Claimed of her, She restricts her Eighteen Hundered merks to Twelve Hundered merks per Annum, which aggreement Quarrell the Tutor, binds Stenhouse his pupill to warrand conforme therunto, Both pairties have peaceably lived and acquiesced now by the space of twenty fyve years, Whether Sir William Bruce of Stenhouses circumstances be altered by accident misfortune, or the increass of his Family by Children is not observable by any Save himselfe, hower he has Complained to their Lordships of Councill, that by the said Ladies lyfrent and debts affecting his estate, He is not able to live unless he have a further aliment from the Lady the Lyferenter, of so great a pairt of his estate, And heirwith presents a Rentall, making his estate, but Three thousand merks a year, and ane list of debts, which with the Ladies joynture near equals the same, To all which it is answered That Superiors while they have their Vassalls estate in their hands by reason of ward, through the Minority of their Vassalls are obliedged to maintain the minor Vassall during that space, and that in some cases this has been extended to Lyfrenters of haill estates, yet this Defender is in none of these cases, neither being Superior nor Lyfrenter, but only ane Creditor for ane lyfrent Annualrent, So that as the same cannot inlarge by the dearth of Victuall, or Improvement of the ground, So neither can the same diminish by the low rates, or neglect of Labourers, And as in the one case She has no advantage, so neither in the other can She sustain prejudice, albeit upon these grounds the Lady be free from any maintenance, or aliment to the Air, yet She was so tender to the Family, wherof once She was the wyfe, that She quitt Six Hundered merks, being the third in favours of the Air the persuer, And this being by ane established Aggreement cannot but be also effectuall, as if by legall Sentence, And So Stopp all Complaints and proces on this behalfe, especially Considering that this aggreement has taken effect, And become established by the Space of twentie fyve years And a forgivance for some years preceiding, The Lords are likewise intreated to Consider this Speciality that in this case the Lady did not discharge the Six hundereth merks quite by her, but did assigne the same, which because of the preference it carryes by vertue of My Ladyes Infeftment by itselfe, is ane aliment if there were any need that way, But the persuer is not in that case, tho the Lady represents this to the Lords informative The Lady wishes Stenhouse well, but cannot neglect to tell if she had exacted the Six hundereth merks these years bygone She could have Spared more, and he would have been easier pleased, but Since it is thus She desires to defend her own just Interest, and to contend first That being ane aboverent She is not lyable at all to aliment the air, and Secondly as the Law affoords the Terce of the Husbands estate to their wifes So She has given the Terce of her Lyfrent to her Husbands Air for his aliment by speciall Transaction, which cannot be altered but by reduction therof, And She must say that this is the first Air, so kyndly treated, that ever so unkyndly trated with his predecessors wyfe; Wheras he pretends that his estate is but Three thousand merks by year, and that the debt is as great as contained in the Inventar, It is Answered That the estate is ane halfe greater then he calls it, for wheras he calls the estate Three Thousand, the same Compting the Victuall at One hundereth pound the Chalder, at which rate he has rentalled the one halfe exceeds Fyve Thousand merks per annum, And as for the debts they are mustered up above what was due by his Grandfather, to whom this Lady was wyfe, and even fair above what truly they are, and in all this he neglects to add to his estate the Tocker received by the Lady, and if the Lady thought this Should be anything noticed by the Lords, She is able to instruct a great pairt of the debts in the List Satisfied But because the Estate at the true Rentall is really well able much more then to defray the Lyfrent and annualrents of the debts, The Lady Shall give their Lordships little trouble in this matter, These aliments fall not ordinarly to be persued befor their Lordships, there being a knowen and ordinary proces for that purpose befor the Lords of Session, wherin the Rentall of the estate, the debts of the Defunct are distinctly proven so that a view can be made of the condition of the appearand Air which cannot be done in any summar proces befor their Lordships, Its calumniously informed, and to no purpose that the Ladyes Children by her former Husband were maintained in Stenhouse house, because when ever they were there Stenhouse was fully payed for their intertainment, and they were as profitable guests, as any came to the house, and however Stenhouse got by the Lady what might have deserved a better provision then any she has, From all which it is clear, that there is no ground for this proces, the same being long since transacted, and the Tranfaction established by ane continued acquiescence of twentie fyve years and forgivance of bygones, as the said answers also bears, Which Act and answers being read, and pairties Lawiers fully heard at the Barr and Removed, the saids Lords delayed the said affair till nixt Councill day, and nominated a Committie to settle and aggree pairties in the mean tyme, Therafter upon the day and date of thir presents, The Lords of her Majesties privie Councill haveing heard a Verball report made to them in the affair betwixt Sir William Bruce of Stenhouse and Alison Turnbull Lady Culearne, and John Grahame of Cullearne her Husband, By the Committie appoynted to Settle and aggree pairties, and the saids Lords haveing Considered the whole matter, The saids Lords doe heirby Modifie, the soume of Two Hundereth Merks yearly as ane further aliment to the said Sir William out of the remaineing Twelve hundereth Merks of joynture payed to the said Alison Turnbull out of the said Sir Williams estate, And appoynts the said John Graham of Culearne To make payment therof accordingly to the said Sir William Bruce; and that at two termes in the year Whitsonday and Mertimess be equall portions, Beginning the first termes payment therof, at the Terme of Whitsonday nixt to Come for the halfe year preceiding, And suae furth yearly and termely therafter, And appoynts letters of horning under the Signet of Councill upon Fyfteen dayes to be direct heirupon in forme as effeirs

Edinburgh 12th March 1705

D1705/3/61

Act

Act In favours of Sir William Bruce of Stenhouse for an aliment

Anent the petition given in and presented to the Lords of her Majesties privie Councill, by Sir William Bruce of Stenhouse Humbly Shewing, That where Sir William Bruce of Stenhouse the Supplicants Grandfather in the sixtie one year of his age haveing married Alisone Turnbull Relict of Butler of Kirkland in the Fourtieth year of her age, he did out of ane Estate of Three thousand merks a year provyde her to a yearly Lyfrent of Eighteen Hundered merks, tho incumbred with great debts, The Marriage did only Subsist for two years, The petitioners Grandfather having dyed dureing which tyme the Children of her former marriage were maintained in his Family, after the petitioners Grandfathers Decease, Sir William Bruce this Father was necessitat to apply to the Lords of privie Councill for ane aliment out of this insupportable Lyfrent upon the ground that his Fathers whole estate was more then exhausted by the debt and Lyfrent, In the mean tyme befor his Fathers proces took effect he dyed, And the Lyfrentrix forseeing that ane aliment would be modified out of her Lyfrent, She prevailled with the Laird of Quarrell then the Supplicants Tutor to accept of Six Hundereth Merks And therby prevent a greater Modification by the Lords of privie Councill, after the petitioners Majority he was willing to avoyd all furder Complaint, while it was possible for him to Subsist upon that small allowance, But his Family being increassed by many small Children he was no longer able to Subsist as will appear by a true Rentall, and the yearly burdens given in with the said petition, Wherby after Stateing the restricted2 annuity, there only remained ane hundereth and seventie eight pound Scots for himselfe and numerous Family, And therfore and Seeing by the Law and knowen practise of this Kingdome, The Lyfrentrix is obliedged to intertain the heir if She lyfrent his whole estate, Which is the petitioners case, He was necessitat to apply to the saids Lords, and he did furder humbly represent that this Lyfrentrix was but two years married to his Grandfather, During which tyme he had never a Sixpence by her, but was burdened with the aliment of her Children by a former Husband, and that after his death, She hath married Four or Fyve Husbands, and hath considerable lyfrents by them all, and is presently married to John Grahame of Kilearne whyle in the mean tyme the Supplicant labours under great difficultie, Therfore Craveing the saids Lords to take the Supplicants case to their Serious Consideration, And to modifie such a furder allowance out of the remaineing Twelve thousand merks of joynture, as the saids Lords shall think fitt Suitable to the petitioners condition, and the Circumstances of this Lyfrentrix or if need were to grant warrand for citeing the said Alison Turnbull and her Husband, as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Sir William Bruce of Stenhouse, And the Samen being read in their presence, The Saids Lords Doe heirby grant Warrand to the petitioner to Cite Alison Turnbull Spouse to John Grahame of Culearne, and the said John for his Interest, to appear befor the saids Lords of her Majesties privie Councill, Upon the Twentie seventh day of February instant, and answer to what is Contained in the within petition, and to what the petitioner hes further to represent in the said matter, as ane act extracted theranent extant in proces bears, Upon which Act the Said Sir William Bruce caused Cite the Said Alison Turnbull, and John Grahame of Culairne her Husband, for his Interest, To Compear befor the Saids Lords of privie Councill day forsaid to answer to the effect abovementioned, as ane execution therupon under the hand of Robert Bannatyne one of the Meacers of privie Councill more fully bears, Therafter upon the said twentie seventh day of February last, The Said Act being called and both pairties Compearing personally at the Batt with there advocats, The advocats for the Defenders gave in the answers following, viz: By Contract of Marriadge, betwixt Sir William Bruce of Stenhouse, and the said Dame Alison Turnbull, She is provyded in case She Survive him to ane lyfrent annualrent of Eighteen hundered merks per annum, The Marriage having Subsisted Four years, and Sir William Bruce his eldest son dying, the Lady for respect to the Family and her Husbands memory, enters in Contract with the Laird of Quarrell Sole Tutor to this Sir William, Wherby for preserveing of the Family, and in lieu of ane Aliment could be Claimed of her, She restricts her Eighteen Hundered merks to Twelve Hundered merks per Annum, which aggreement Quarrell the Tutor, binds Stenhouse his pupill to warrand conforme therunto, Both pairties have peaceably lived and acquiesced now by the space of twenty fyve years, Whether Sir William Bruce of Stenhouses circumstances be altered by accident misfortune, or the increass of his Family by Children is not observable by any Save himselfe, hower he has Complained to their Lordships of Councill, that by the said Ladies lyfrent and debts affecting his estate, He is not able to live unless he have a further aliment from the Lady the Lyferenter, of so great a pairt of his estate, And heirwith presents a Rentall, making his estate, but Three thousand merks a year, and ane list of debts, which with the Ladies joynture near equals the same, To all which it is answered That Superiors while they have their Vassalls estate in their hands by reason of ward, through the Minority of their Vassalls are obliedged to maintain the minor Vassall during that space, and that in some cases this has been extended to Lyfrenters of haill estates, yet this Defender is in none of these cases, neither being Superior nor Lyfrenter, but only ane Creditor for ane lyfrent Annualrent, So that as the same cannot inlarge by the dearth of Victuall, or Improvement of the ground, So neither can the same diminish by the low rates, or neglect of Labourers, And as in the one case She has no advantage, so neither in the other can She sustain prejudice, albeit upon these grounds the Lady be free from any maintenance, or aliment to the Air, yet She was so tender to the Family, wherof once She was the wyfe, that She quitt Six Hundered merks, being the third in favours of the Air the persuer, And this being by ane established Aggreement cannot but be also effectuall, as if by legall Sentence, And So Stopp all Complaints and proces on this behalfe, especially Considering that this aggreement has taken effect, And become established by the Space of twentie fyve years And a forgivance for some years preceiding, The Lords are likewise intreated to Consider this Speciality that in this case the Lady did not discharge the Six hundereth merks quite by her, but did assigne the same, which because of the preference it carryes by vertue of My Ladyes Infeftment by itselfe, is ane aliment if there were any need that way, But the persuer is not in that case, tho the Lady represents this to the Lords informative The Lady wishes Stenhouse well, but cannot neglect to tell if she had exacted the Six hundereth merks these years bygone She could have Spared more, and he would have been easier pleased, but Since it is thus She desires to defend her own just Interest, and to contend first That being ane aboverent She is not lyable at all to aliment the air, and Secondly as the Law affoords the Terce of the Husbands estate to their wifes So She has given the Terce of her Lyfrent to her Husbands Air for his aliment by speciall Transaction, which cannot be altered but by reduction therof, And She must say that this is the first Air, so kyndly treated, that ever so unkyndly trated with his predecessors wyfe; Wheras he pretends that his estate is but Three thousand merks by year, and that the debt is as great as contained in the Inventar, It is Answered That the estate is ane halfe greater then he calls it, for wheras he calls the estate Three Thousand, the same Compting the Victuall at One hundereth pound the Chalder, at which rate he has rentalled the one halfe exceeds Fyve Thousand merks per annum, And as for the debts they are mustered up above what was due by his Grandfather, to whom this Lady was wyfe, and even fair above what truly they are, and in all this he neglects to add to his estate the Tocker received by the Lady, and if the Lady thought this Should be anything noticed by the Lords, She is able to instruct a great pairt of the debts in the List Satisfied But because the Estate at the true Rentall is really well able much more then to defray the Lyfrent and annualrents of the debts, The Lady Shall give their Lordships little trouble in this matter, These aliments fall not ordinarly to be persued befor their Lordships, there being a knowen and ordinary proces for that purpose befor the Lords of Session, wherin the Rentall of the estate, the debts of the Defunct are distinctly proven so that a view can be made of the condition of the appearand Air which cannot be done in any summar proces befor their Lordships, Its calumniously informed, and to no purpose that the Ladyes Children by her former Husband were maintained in Stenhouse house, because when ever they were there Stenhouse was fully payed for their intertainment, and they were as profitable guests, as any came to the house, and however Stenhouse got by the Lady what might have deserved a better provision then any she has, From all which it is clear, that there is no ground for this proces, the same being long since transacted, and the Tranfaction established by ane continued acquiescence of twentie fyve years and forgivance of bygones, as the said answers also bears, Which Act and answers being read, and pairties Lawiers fully heard at the Barr and Removed, the saids Lords delayed the said affair till nixt Councill day, and nominated a Committie to settle and aggree pairties in the mean tyme, Therafter upon the day and date of thir presents, The Lords of her Majesties privie Councill haveing heard a Verball report made to them in the affair betwixt Sir William Bruce of Stenhouse and Alison Turnbull Lady Culearne, and John Grahame of Cullearne her Husband, By the Committie appoynted to Settle and aggree pairties, and the saids Lords haveing Considered the whole matter, The saids Lords doe heirby Modifie, the soume of Two Hundereth Merks yearly as ane further aliment to the said Sir William out of the remaineing Twelve hundereth Merks of joynture payed to the said Alison Turnbull out of the said Sir Williams estate, And appoynts the said John Graham of Culearne To make payment therof accordingly to the said Sir William Bruce; and that at two termes in the year Whitsonday and Mertimess be equall portions, Beginning the first termes payment therof, at the Terme of Whitsonday nixt to Come for the halfe year preceiding, And suae furth yearly and termely therafter, And appoynts letters of horning under the Signet of Councill upon Fyfteen dayes to be direct heirupon in forme as effeirs

1. NRS, PC2/28, 372v-374v.

2. The prefix ‘re’ is an insertion.

1. NRS, PC2/28, 372v-374v.

2. The prefix ‘re’ is an insertion.

Sederunt, 12 March 1705, Edinburgh

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Edinburgh 12th March 17051

D1705/3/52

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Loudoun; Lord Belhaven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Lord Phesdo; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 12th March 17051

D1705/3/52

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Loudoun; Lord Belhaven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Lord Phesdo; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 372v.

2. NRS, PC2/28, 372v.

1. NRS, PC2/28, 372v.

2. NRS, PC2/28, 372v.

Judicial Proceeding, 8 March 1705, Edinburgh

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Edinburgh 8th March 1705

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 Jaj vic 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 Jaj viic 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.

Edinburgh 8th March 1705

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 Jaj vic 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 Jaj viic 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.

1. NRS, PC2/28, 370v-372v.

2. The word ‘free’ is an insertion.

1. NRS, PC2/28, 370v-372v.

2. The word ‘free’ is an insertion.

Act, 8 March 1705, Edinburgh

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Edinburgh 8th March 1705

D1705/3/31

Act

Act In favours of Mr James Webster to print a book

The Lords of her Majesties privie Councill Doe heirby grant to Mr James Webster one of the Ministers of Edinburgh his airs or assigneyes the sole priviledge of printing, Vending, and selling the book entituled Sacramentall Sermons and Discourses composed by the said Mr James, and Discharges all other persons whatsomever to print, reprint, sell or import into this Kingdome any of the saids books, for the space of eleven years, from the date heirof, and that under the paine and penalty of Confiscation of the saids books to the use of the said Mr James Webster and his forsaids and farder under the penalty of Fyve Hundereth Merks Scots money to be payed by the Contraveeners to the said Mr James Webster or his forsaids, besydes the seizure and forfaulture forsaid.

Edinburgh 8th March 1705

D1705/3/31

Act

Act In favours of Mr James Webster to print a book

The Lords of her Majesties privie Councill Doe heirby grant to Mr James Webster one of the Ministers of Edinburgh his airs or assigneyes the sole priviledge of printing, Vending, and selling the book entituled Sacramentall Sermons and Discourses composed by the said Mr James, and Discharges all other persons whatsomever to print, reprint, sell or import into this Kingdome any of the saids books, for the space of eleven years, from the date heirof, and that under the paine and penalty of Confiscation of the saids books to the use of the said Mr James Webster and his forsaids and farder under the penalty of Fyve Hundereth Merks Scots money to be payed by the Contraveeners to the said Mr James Webster or his forsaids, besydes the seizure and forfaulture forsaid.

1. NRS, PC2/28, 370r-370v.

1. NRS, PC2/28, 370r-370v.

Act, 8 March 1705, Edinburgh

Posted on by

Edinburgh 8th March 1705

D1705/3/21

Act

Act In favours of Mr William Forbes Advocat to print a book

Annent the petition given in and presented to the Lords of privie Councill, By Mr William Forbes Advocat, Shewing That where their Lordships are in use to incouradge the author of any new book, by granting to him the sole priviledge of printing and vending the same, and he had Composed ane Treatise of Churchlands and Tithes etc which will clear up that mysterious pairt of our Law, And therfore Craving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mr William Forbes Advocat, and the samen being read in their presence, The saids Lords Doe heirby grant to the petitioner his Airs or Assigneyes the sole priviledge of printing vending and selling the forsaid book entituled a Treatise of Churchlands and Teithes etc. And have Discharged and heirby Discharges all other persons whatsomever, To print, reprint, sell or import into this Kingdome any of the saids Books, for the space of Nyntein years from the date heirof, and that under the paine and penalty of Confiscation of the saids books to the use of the petitioner, and his forsaids, and farder under the penalty of Fyve Hundered merks scots money to be payed by the Contraveeners to the petitioner or his forsaids, besydes the seizure and forfaulter forsaid

Edinburgh 8th March 1705

D1705/3/21

Act

Act In favours of Mr William Forbes Advocat to print a book

Annent the petition given in and presented to the Lords of privie Councill, By Mr William Forbes Advocat, Shewing That where their Lordships are in use to incouradge the author of any new book, by granting to him the sole priviledge of printing and vending the same, and he had Composed ane Treatise of Churchlands and Tithes etc which will clear up that mysterious pairt of our Law, And therfore Craving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mr William Forbes Advocat, and the samen being read in their presence, The saids Lords Doe heirby grant to the petitioner his Airs or Assigneyes the sole priviledge of printing vending and selling the forsaid book entituled a Treatise of Churchlands and Teithes etc. And have Discharged and heirby Discharges all other persons whatsomever, To print, reprint, sell or import into this Kingdome any of the saids Books, for the space of Nyntein years from the date heirof, and that under the paine and penalty of Confiscation of the saids books to the use of the petitioner, and his forsaids, and farder under the penalty of Fyve Hundered merks scots money to be payed by the Contraveeners to the petitioner or his forsaids, besydes the seizure and forfaulter forsaid

1. NRS, PC2/28, 370r.

1. NRS, PC2/28, 370r.

Sederunt, 8 March 1705, Edinburgh

Posted on by

Edinburgh 8th March 17051 2

D1705/3/13

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Ruglen; Earl of Roseberry; Lord Belhaven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Lord Phesdo; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 8th March 17051 2

D1705/3/13

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Ruglen; Earl of Roseberry; Lord Belhaven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Lord Phesdo; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 369v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 370r.

1. NRS, PC2/28, 369v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 370r.

Act, 27 February 1705, Edinburgh

Posted on by

Edinburgh 27th February 1705

D1705/2/121

Act

Act in favours of the Lady Bredisholme younger

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Rose Muirhead Lady Braidisholme younger, Humbly Shewing, That where her Deceast Husband did apply to their Lordships, representing the hard Circumstances, his Fathers unkyndness had brought him under, and the Claims he had to his Fathers Estate, both because of the naturall duty to provyde for him and his Children, and because of his said Fathers promise, befor and since his marriage, and also in respect of a Disposition made of the estate of Breaddisholme, made to himselfe in fee, To all which was added, That his said Father made him lay out considerable Soumes upon a second Brother, and after all had called her said Husband and her to this Kingdome with hopes of a better Intertainment, Upon which grounds the said James Muirhead of Bredisholme elder being conveened, and all pains taken to procure justice at his hands, without the necessitie of a Sentence, but in vain, Their Lordships did in conclusion remitt such actions as her said Husband had againest his said Father to be discust Summarly befor the Lords of Session, And in the mean tyme Modified Fyftie pound sterling Which their Lordships Ordained the said James Muirhead elder to pay to her said Husband, for carrying on the processes, But in a few weeks after the sentence, her Husband overcome with Suffering Contracted a heavie Sickness, wherof he dyed in a few dayes, having beforhand assigned to her, generally all action competent to him, And after his Decease upon ane application in her name as having right in manner forsaid, Their Lordships did must justly transfer the right of the forsaid Summ to her by ane Act and Decreit, But to her great misfortune The said James Muirhead of Bredisholme persisting to harrass her, and her Children, Did give in a bill of Suspension befor the Lords of Session pretending double distresses, Viz: at her instance upon the one pairt, and at the instance of his son in Law, as having arreasted in his hands, upon pretence of some money laid out upon her Husbands funeralls, and of a debt due by her Husband to him, Wherupon he had intended action against her, upon the Second pairt, and at the instance of the apothecary for Drugs to her Husband upon deathbed and about the bodie after his Decease on the third pairt, which Suspension is expede, wherin she plainly perceives, that there was nothing else intended, but to fright and amuse her who is a Stranger, and to depryve her of the means to carry on her proces, for Subsisting her, and her Family, and therby to disapoynt the effect of their Lordships justice and Compassion, These unhappy Circumstances puts her once more, under the necessity to apply to their Lordships, that some thing might be modified for aliment and Subsistance to her, and her Children, in such a maner as might be Secure from Such Dillingence and devises, which She hopes will appear most reasonable when their Lordships Considers her pittifull Condition, her very cloaths being detained for her Husbands Chamber Rent, whilest upon the other hand, her Father in Law, who by all the duties in Law ought to provyded for his Son, and now for her, does not only refuse her Support, but has emendicat the forsaids arreistments, willfully to prevent her insisting, for recovering of her just right, for it is but too obvious, that these pretended Claimes againest her, ought rather to affect Broddisholme himself, Seeing She neither is nor can be ane representative of her Husband, and that the expensses of funeralls, are a duty in nature upon Bredisholme who had depryved his Son of all means of Livlyhood during his Lyftyme, Craving therfore it might please their Lordships to Decern the said James Muirhead of Breadisholme To make payment to her of such aliment, as their Lordships Shall determine, as the said petition bears, Which petition being upno the twentie Second of February Jaj viic and fyve years, Read in presence of the saids Lords, They appoynted and Ordained the Samen to be seen and answered next Councill day by Bredisholme elder peremptorie, Wherunto the said James Muirhead gave in the answers following, The Deceast James Muirhead and Rose Fincham his Spouse did apply to their Lordships for ane aliment upon the head that he was apparent Air, but that appearing to be without the least ground, Shaddow, or pretence in Law, that ane apparent air married portioned and settled out of his Fathers Family could recurr and force the Father to aliment him, they forced to found on this alleadgence, that they had Severall obligatory letters and rights againest Bredisholmes estate, upon which in the mean tyme they Craved ane aliment might be Decerned, as the alleadgance was false in fact, and Calumnious, So their Lordships after advyseing of bill and answers, hearing of pairties procurators, were Convinced that the matter was purely civill, And therfore remitted the same to be discust summarly before the Lords of Session, and in the mean tyme appoynted Fyftie pound Sterling to be payed to him, This Summ being payable at the first of January last, and he dyeing befor the terme of payment upon a petition the same was transformed and Ordained to be payed to his Relict against Candlemess also last, and which Summ being arreisted in Bredishholmes hands, he was necessitat to Suspend for his own Security upon double distress befor the lords of Session, and which Suspension was expeded after two reports in presence, Although their Lordships did remitt the proces of aliment to be discussed befor the Lords of Session Summarly, yet the deceast James Muirhead nor his relict never So much as raised a Summonds for that effect, knowing perfectly their pretence therto to be groundless, And Bredisholme to Shew that they had no right, did raise and execute Summonds of reduction first againest him, and then againest this petitioner, his Relict, and Representatives of all pretended letters, Contracts, or Rights they alleadged they had upon his estate with a speciall Declarator, wherin that the said Bredisholme was nowayes obliedged to aliment them or their Family, upon the relevant grounds therin lybelled, as the Symmonds execute, lybelled, called, and Depending heirwith produced testifies, The Said Rose Finchan (to forbear any of her expressions and carriage to Bredissholme) has presented another bill to their Lordships, which is wholly irregular Craving ane aliment to be Decerned to her, for Seeing their Lordships have alreadie remitted the proces at the instance of her Husband and her, to the Lords of Session, as being a matter purely civill, wherupon there is ane act extracted by them, She ought not to have given their Lordships this trouble, but to have proceeded in the termes of the act, and Remitt, for certainly when their Lordships found that their pretensions to ane aliment were purely Civill, and for that end remitted to the Session, Its certain that his Relicts pretences, which depend on his, must also be only Competent befor the Lords of Session, And therfore its humbly answered to the Lords of privie Councill for Bredisholme, Primo, That he is not in Toun, and therfore he could not be obliedged to answer to a Summar petition, for however favourable actions of aliment are, yet the Law of self Defence prevaills over all, and therfore he cannot be brought into judgment without a lawfull Citation upon a competent tyme, that he may be advertised to Compear, and inform his Lawiers upon proper defences and this pursuer having neglected the remedy appoynted her by their Lordships, She ought not to be anywayes encouradged in this irregular forme, Bredisholme adhearing to the former defence, that he was not lawfully Cited, makes the Second defence againest this irregular petition, that the case of her aliment, as depending upon the pretensions of her Husband, was already remitted upon a full hearing by their Lordships to the Lords of Session, as dipping upon production of Severall missive letters, and other rights, so that her applying again to their Lordships in this irregular Sort is plainly againest ane Interlocutor upon full hearing And the Act extracted by themselves, which cutts her off from pretence of any aliment or Subsistance, befor ane Court by the Lords of Session, to whom their Lordships did remitt the Samen, Tertio It is now his alibi pendens for Bredisholme, that the persuer did not insist befor the Session for any pretended aliment, Notwithstanding of the Act of parliament, which did endue her action with a Summar dispatch, but their Lordships did lykewise Recommend the Same to be Summarly discust by their Remitt, He for freeing himselfe of vexatious uncertain and expensive attendance (wherof hitherto he has had the sad experience) did with regaird to their Lordships remitt, and in the Termes therof raise and execute a lybelled Summonds and Declarator againest her, and the Representatives of her deceast Husband, befor the Lords of Session to hear it Declaired, that She had no right or pretence to ane aliment or Subsistance out of Bredisholmes estate, and it being therby Depending before the Lords, long prior to this application made to their Lordships, it is humbly offered as a Defence, that it must be there discussed, The answers then to the bill are Shortly these, primo That Bredisholme was not the Town, nor lawfully Cited, and therfore cannot be obliedged to answer to a petition wherof he knowes nothing Secundo this very cause was already remitted by their Lordships to the Lords of Session, And therfore it was most preposterous to apply to their Lordships in this maner when the cause was already remitted by them to the Judge Ordinary to whom only they most apply, Tertio, The matter being also made pendent by Bredisholme againest this very persuer upon the Same Claime, by a lybelled Summonds of Declarator, not only lybelled and execute but also tabled, and ane advocat Compearing to take out the proces, as the same dated the nynteenth day of January last testifies, It is humbly hoped and Contended, that the said irregular bill ought to be rejected, and she left to persue any pretensions she has to any aliment or subsistance (which are absolutely calumnious and irregular) befor the Lords of Session, where she shall have ane answer, if she ever intent any such proces, as the said answers bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them, by Rose Muirhead Lady Bredisholme younger, and the samen with answers therto by James Muirhead of Bredisholme elder being read in their presence, The saids Lords Doe heirby Grant to the petitioner the soume of Fyftie pound Sterling for her aliment, and appoynts and Ordains the said James Muirhead of Bredisholme elder to make payment therof to the petitioner accordingly and upon payment appoynts and Ordains the petitioner to Renounce and Discharge all right and Interest that She has or can pretend to the Fyftie pound Sterling granted to her Husband, and the other Fyftie pound Sterling granted to herselfe, and which Fyfty pound Sterling of aliment forsaid, The said Rose Muirhead accepts in full of all aliment she can pretend to from the saids Lords at anie tyme hereafter, and alse the saids Lords Doe heirby Discharge the petitioner to apply to their Lordships for any furder aliment in tyme comeing, But leaves her to persue her other rights via ordinara allenerly befor the Judge competent as accords, and appoynts letters of horning under the Signet of Councill upon Fyfeteen dayes to be direct heirupon in forme as effeirs

Edinburgh 27th February 1705

D1705/2/121

Act

Act in favours of the Lady Bredisholme younger

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Rose Muirhead Lady Braidisholme younger, Humbly Shewing, That where her Deceast Husband did apply to their Lordships, representing the hard Circumstances, his Fathers unkyndness had brought him under, and the Claims he had to his Fathers Estate, both because of the naturall duty to provyde for him and his Children, and because of his said Fathers promise, befor and since his marriage, and also in respect of a Disposition made of the estate of Breaddisholme, made to himselfe in fee, To all which was added, That his said Father made him lay out considerable Soumes upon a second Brother, and after all had called her said Husband and her to this Kingdome with hopes of a better Intertainment, Upon which grounds the said James Muirhead of Bredisholme elder being conveened, and all pains taken to procure justice at his hands, without the necessitie of a Sentence, but in vain, Their Lordships did in conclusion remitt such actions as her said Husband had againest his said Father to be discust Summarly befor the Lords of Session, And in the mean tyme Modified Fyftie pound sterling Which their Lordships Ordained the said James Muirhead elder to pay to her said Husband, for carrying on the processes, But in a few weeks after the sentence, her Husband overcome with Suffering Contracted a heavie Sickness, wherof he dyed in a few dayes, having beforhand assigned to her, generally all action competent to him, And after his Decease upon ane application in her name as having right in manner forsaid, Their Lordships did must justly transfer the right of the forsaid Summ to her by ane Act and Decreit, But to her great misfortune The said James Muirhead of Bredisholme persisting to harrass her, and her Children, Did give in a bill of Suspension befor the Lords of Session pretending double distresses, Viz: at her instance upon the one pairt, and at the instance of his son in Law, as having arreasted in his hands, upon pretence of some money laid out upon her Husbands funeralls, and of a debt due by her Husband to him, Wherupon he had intended action against her, upon the Second pairt, and at the instance of the apothecary for Drugs to her Husband upon deathbed and about the bodie after his Decease on the third pairt, which Suspension is expede, wherin she plainly perceives, that there was nothing else intended, but to fright and amuse her who is a Stranger, and to depryve her of the means to carry on her proces, for Subsisting her, and her Family, and therby to disapoynt the effect of their Lordships justice and Compassion, These unhappy Circumstances puts her once more, under the necessity to apply to their Lordships, that some thing might be modified for aliment and Subsistance to her, and her Children, in such a maner as might be Secure from Such Dillingence and devises, which She hopes will appear most reasonable when their Lordships Considers her pittifull Condition, her very cloaths being detained for her Husbands Chamber Rent, whilest upon the other hand, her Father in Law, who by all the duties in Law ought to provyded for his Son, and now for her, does not only refuse her Support, but has emendicat the forsaids arreistments, willfully to prevent her insisting, for recovering of her just right, for it is but too obvious, that these pretended Claimes againest her, ought rather to affect Broddisholme himself, Seeing She neither is nor can be ane representative of her Husband, and that the expensses of funeralls, are a duty in nature upon Bredisholme who had depryved his Son of all means of Livlyhood during his Lyftyme, Craving therfore it might please their Lordships to Decern the said James Muirhead of Breadisholme To make payment to her of such aliment, as their Lordships Shall determine, as the said petition bears, Which petition being upno the twentie Second of February Jaj viic and fyve years, Read in presence of the saids Lords, They appoynted and Ordained the Samen to be seen and answered next Councill day by Bredisholme elder peremptorie, Wherunto the said James Muirhead gave in the answers following, The Deceast James Muirhead and Rose Fincham his Spouse did apply to their Lordships for ane aliment upon the head that he was apparent Air, but that appearing to be without the least ground, Shaddow, or pretence in Law, that ane apparent air married portioned and settled out of his Fathers Family could recurr and force the Father to aliment him, they forced to found on this alleadgence, that they had Severall obligatory letters and rights againest Bredisholmes estate, upon which in the mean tyme they Craved ane aliment might be Decerned, as the alleadgance was false in fact, and Calumnious, So their Lordships after advyseing of bill and answers, hearing of pairties procurators, were Convinced that the matter was purely civill, And therfore remitted the same to be discust summarly before the Lords of Session, and in the mean tyme appoynted Fyftie pound Sterling to be payed to him, This Summ being payable at the first of January last, and he dyeing befor the terme of payment upon a petition the same was transformed and Ordained to be payed to his Relict against Candlemess also last, and which Summ being arreisted in Bredishholmes hands, he was necessitat to Suspend for his own Security upon double distress befor the lords of Session, and which Suspension was expeded after two reports in presence, Although their Lordships did remitt the proces of aliment to be discussed befor the Lords of Session Summarly, yet the deceast James Muirhead nor his relict never So much as raised a Summonds for that effect, knowing perfectly their pretence therto to be groundless, And Bredisholme to Shew that they had no right, did raise and execute Summonds of reduction first againest him, and then againest this petitioner, his Relict, and Representatives of all pretended letters, Contracts, or Rights they alleadged they had upon his estate with a speciall Declarator, wherin that the said Bredisholme was nowayes obliedged to aliment them or their Family, upon the relevant grounds therin lybelled, as the Symmonds execute, lybelled, called, and Depending heirwith produced testifies, The Said Rose Finchan (to forbear any of her expressions and carriage to Bredissholme) has presented another bill to their Lordships, which is wholly irregular Craving ane aliment to be Decerned to her, for Seeing their Lordships have alreadie remitted the proces at the instance of her Husband and her, to the Lords of Session, as being a matter purely civill, wherupon there is ane act extracted by them, She ought not to have given their Lordships this trouble, but to have proceeded in the termes of the act, and Remitt, for certainly when their Lordships found that their pretensions to ane aliment were purely Civill, and for that end remitted to the Session, Its certain that his Relicts pretences, which depend on his, must also be only Competent befor the Lords of Session, And therfore its humbly answered to the Lords of privie Councill for Bredisholme, Primo, That he is not in Toun, and therfore he could not be obliedged to answer to a Summar petition, for however favourable actions of aliment are, yet the Law of self Defence prevaills over all, and therfore he cannot be brought into judgment without a lawfull Citation upon a competent tyme, that he may be advertised to Compear, and inform his Lawiers upon proper defences and this pursuer having neglected the remedy appoynted her by their Lordships, She ought not to be anywayes encouradged in this irregular forme, Bredisholme adhearing to the former defence, that he was not lawfully Cited, makes the Second defence againest this irregular petition, that the case of her aliment, as depending upon the pretensions of her Husband, was already remitted upon a full hearing by their Lordships to the Lords of Session, as dipping upon production of Severall missive letters, and other rights, so that her applying again to their Lordships in this irregular Sort is plainly againest ane Interlocutor upon full hearing And the Act extracted by themselves, which cutts her off from pretence of any aliment or Subsistance, befor ane Court by the Lords of Session, to whom their Lordships did remitt the Samen, Tertio It is now his alibi pendens for Bredisholme, that the persuer did not insist befor the Session for any pretended aliment, Notwithstanding of the Act of parliament, which did endue her action with a Summar dispatch, but their Lordships did lykewise Recommend the Same to be Summarly discust by their Remitt, He for freeing himselfe of vexatious uncertain and expensive attendance (wherof hitherto he has had the sad experience) did with regaird to their Lordships remitt, and in the Termes therof raise and execute a lybelled Summonds and Declarator againest her, and the Representatives of her deceast Husband, befor the Lords of Session to hear it Declaired, that She had no right or pretence to ane aliment or Subsistance out of Bredisholmes estate, and it being therby Depending before the Lords, long prior to this application made to their Lordships, it is humbly offered as a Defence, that it must be there discussed, The answers then to the bill are Shortly these, primo That Bredisholme was not the Town, nor lawfully Cited, and therfore cannot be obliedged to answer to a petition wherof he knowes nothing Secundo this very cause was already remitted by their Lordships to the Lords of Session, And therfore it was most preposterous to apply to their Lordships in this maner when the cause was already remitted by them to the Judge Ordinary to whom only they most apply, Tertio, The matter being also made pendent by Bredisholme againest this very persuer upon the Same Claime, by a lybelled Summonds of Declarator, not only lybelled and execute but also tabled, and ane advocat Compearing to take out the proces, as the same dated the nynteenth day of January last testifies, It is humbly hoped and Contended, that the said irregular bill ought to be rejected, and she left to persue any pretensions she has to any aliment or subsistance (which are absolutely calumnious and irregular) befor the Lords of Session, where she shall have ane answer, if she ever intent any such proces, as the said answers bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them, by Rose Muirhead Lady Bredisholme younger, and the samen with answers therto by James Muirhead of Bredisholme elder being read in their presence, The saids Lords Doe heirby Grant to the petitioner the soume of Fyftie pound Sterling for her aliment, and appoynts and Ordains the said James Muirhead of Bredisholme elder to make payment therof to the petitioner accordingly and upon payment appoynts and Ordains the petitioner to Renounce and Discharge all right and Interest that She has or can pretend to the Fyftie pound Sterling granted to her Husband, and the other Fyftie pound Sterling granted to herselfe, and which Fyfty pound Sterling of aliment forsaid, The said Rose Muirhead accepts in full of all aliment she can pretend to from the saids Lords at anie tyme hereafter, and alse the saids Lords Doe heirby Discharge the petitioner to apply to their Lordships for any furder aliment in tyme comeing, But leaves her to persue her other rights via ordinara allenerly befor the Judge competent as accords, and appoynts letters of horning under the Signet of Councill upon Fyfeteen dayes to be direct heirupon in forme as effeirs

1. NRS, PC2/28, 367r-369v.

1. NRS, PC2/28, 367r-369v.

Sederunt, 27 February 1705, Edinburgh

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Edinburgh 27th February 17051

D1705/2/112

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Sutherland; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Ruglen; Earl of Roseberry; Lord Belhaven; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 27th February 17051

D1705/2/112

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Sutherland; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Ruglen; Earl of Roseberry; Lord Belhaven; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 367r.

2. NRS, PC2/28, 367r.

1. NRS, PC2/28, 367r.

2. NRS, PC2/28, 367r.

Act, 15 February 1705, Edinburgh

Posted on by

Edinburgh 15th February 1705

D1705/2/101

Act

Act in favours of the Earle of Murray

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Charles Earle of Morray, Shewing That where Alexander Stewart of Craigtoun his Chamberlane and Factor in Doun has latly Deceased, and very much in Arrear to him, And that he with his Friends caused seall his Cabinet and Trunks where all his papers were placed, and that he duly applyed to the Commisar of Dumblane within whose Jurisdiction the said Deceased Craigtoun recided, Wherupon he caused lawfully Cite Craigtouns nearest Friends and others concerned to be present at a precise day to the intent that all his papers might be regularly inventared and sequestrat to be exhibite to all pairties haveing interest, But being confidently assured that by a contryvance of some of his nearest relations, they designed to lock up the doors of the roume and house where the papers are Lodged on purpose to Cover Craigtouns Sinistrous designs which too palpably appear, and to evacuat his legall procedure in that affair, Therfore Craving it might please their Lordships to interpose their authority, and grant Warrand to the said Commissioner, or Stewart Depute of Monteith, To make open doors, that all Craigtouns papers might be duly Inventared and exhibite to the pairties having Interest, And particularly to him Insofarras his Interest by the papers themselves appear, as the said petition bears, Which petition being upon the thirteenth day of February Jaj viic and fyve years, Read in presence of the said Lords, They appoynted the Same to be seen and ansuered nixt Councill day by any Concerned, Therafter the said bill being moved in presence of the saids Lords upon the day and date of thir presents, The saids Lords Doe heirby grant power and warrand to the Commissary of Dumblane, or Stewart Depute of Monteith, or any one of them to make open doors where the papers and others belonging to the deceist Alexander Stewart of Craigtoun are Sequestrat, and Ordains them by their Clerks and others whom they shall appoynt to Inventar the saids papers, And to give Inventars Subscrybed by the said Clerks and Inspection of the saids papers to all persons Concerned and particularly to the petitioner Insofarras his Interest by the papers themselves appears

Edinburgh 15th February 1705

D1705/2/101

Act

Act in favours of the Earle of Murray

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Charles Earle of Morray, Shewing That where Alexander Stewart of Craigtoun his Chamberlane and Factor in Doun has latly Deceased, and very much in Arrear to him, And that he with his Friends caused seall his Cabinet and Trunks where all his papers were placed, and that he duly applyed to the Commisar of Dumblane within whose Jurisdiction the said Deceased Craigtoun recided, Wherupon he caused lawfully Cite Craigtouns nearest Friends and others concerned to be present at a precise day to the intent that all his papers might be regularly inventared and sequestrat to be exhibite to all pairties haveing interest, But being confidently assured that by a contryvance of some of his nearest relations, they designed to lock up the doors of the roume and house where the papers are Lodged on purpose to Cover Craigtouns Sinistrous designs which too palpably appear, and to evacuat his legall procedure in that affair, Therfore Craving it might please their Lordships to interpose their authority, and grant Warrand to the said Commissioner, or Stewart Depute of Monteith, To make open doors, that all Craigtouns papers might be duly Inventared and exhibite to the pairties having Interest, And particularly to him Insofarras his Interest by the papers themselves appear, as the said petition bears, Which petition being upon the thirteenth day of February Jaj viic and fyve years, Read in presence of the said Lords, They appoynted the Same to be seen and ansuered nixt Councill day by any Concerned, Therafter the said bill being moved in presence of the saids Lords upon the day and date of thir presents, The saids Lords Doe heirby grant power and warrand to the Commissary of Dumblane, or Stewart Depute of Monteith, or any one of them to make open doors where the papers and others belonging to the deceist Alexander Stewart of Craigtoun are Sequestrat, and Ordains them by their Clerks and others whom they shall appoynt to Inventar the saids papers, And to give Inventars Subscrybed by the said Clerks and Inspection of the saids papers to all persons Concerned and particularly to the petitioner Insofarras his Interest by the papers themselves appears

1. NRS, PC2/28, 366v-367r.

1. NRS, PC2/28, 366v-367r.

Sederunt, 15 February 1705, Edinburgh

Posted on by

Edinburgh 15th February 17051

D1705/2/92

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

Edinburgh 15th February 17051

D1705/2/92

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Dunmore; Earl of Ruglen; Earl of Roseberry; Lord Yester; Lord Belhaven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Mr Fra: Montgomry; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 366v.

2. NRS, PC2/28, 366v.

1. NRS, PC2/28, 366v.

2. NRS, PC2/28, 366v.