Tag Archives: March

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

Posted on by

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 Rosebery; 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.

Procedure, 28 March 1704, Edinburgh

Posted on by

Edinburgh the 28th of March 17041

D1704/3/72

Procedure

[Note of business]

The Councill meet and did noe privat bussiness

Edinburgh the 28th of March 17041

D1704/3/72

Procedure

[Note of business]

The Councill meet and did noe privat bussiness

1. NRS, PC2/28, 285v. No sederunt recorded.

2. NRS, PC2/28, 285v.

1. NRS, PC2/28, 285v. No sederunt recorded.

2. NRS, PC2/28, 285v.

Act, 22 March 1704, Edinburgh

Posted on by

Edinburgh The 22d March 1704

D1704/3/61

Act

Act Infavours of Alison Grahame Relict of the deceast Robert Hunter of Burnside

Anent The petition given in and presented to the Lords of Her Majesties privie Councill By Alison Grahame relict of the deceast Robert Hunter of Burnside Shewing That by Contract of marriadge past betuixt the said Robert Hunter of Burnside and the petitioner off the date the nynteen of Jully 1700. The petitioner is provyded in Six Cahlders victuall yearly for her lyferent provision in caice of her survivance which altho very small considering the petitionres birth, Education and what she brought to the family yea she would not grudge the same But that the petitioner finds through her husbands not being infeft The petitioner hes not ready access upon her Contract of Marriage to the forsaid provision Since the petitioners husbands Decease which was in February 1702 The petitioner hes been using all the fair means possible with her sons Tuttors for a suitable aliment and provision but they altogither refuise to give the petitioner any help for Her Sustenance And Therfore The petitioner hes raised ane proces For implement off the Contract off marriage befoir the Lords of Councill and Session which will take more time er’e it can be brought to a period then the petitioners straits will allow her Considering that it is now a year and a half since the petitioners husband died Dureing which tyme The petitioner hes got nothing altho she hes maintained her son and posthumus daughter with there attendents all that time and have lykewayes been considerably in advance for mournings at her husbands death and for necessars at the birth of her said posthumus Daughter Therfor The petitioner is necessitat to represent To their Lordships 1mo That the petitioner brought a Compitent provisien with her to the family 2do. That her son succeeded to ane opulent fortune of about Tuenty Four Chalders victuall and Two Thousand merks money yearly and that her provision is but very small not above the seventh pairt of her husbands yearly rent and 3tio That the petitioner hes aposthumus Child to maintain all which The petitioner hes done for this year and a half by gone without any assistance From her sone or his Tutters And seeing her depending proces befoir the session may take sometyme befoir it be Concluded and that the petitioner cannot in the meantime starve And that nature obleidges Children of ane opulent fortune to the sustenance of their parents And Therfore Creaving their Lordships To allow the petitioner Eight hundereth merks yearly off aliment for her self and the lyke soume off Eight hundereth merks yearly of aliment for the heir and his sister and their servants dureing their aboad with the petitioner their mother To be payed furth of the yearly rent of Her said sons Estate Commencing from Whyttsunday 1702 and that quarterly till the event of the forsaid proces off such ane compitent aliment as their Lordships shall think fitt As the said petition bears Which petition Being upon the Fourthteen off March instant Read in presence of the saids Lords off privie Councill They appointed the samen to bee seen and answered the nixt Councill day The Lords of Her Majesties privie Councill Haveing upon the day and date of thir presents Considered the petition given into them By Alison Grahame relict of the Deceast Robert Hunter of Burnside Togither with the Contract of Marriage past betuixt them And the samen being read in their presence The saids Lords Doe heirby Modefie and allow to the petitioner The soume off Eight hundered pound scots for her self and Four Hundered pounds for her son and Daughter To be payed to the petitioner of yearly aliment for her self sone and Daughter as said is dureing their aboad with the petitioner ther mother And Appoints and Ordaines The said aliment To be payed furth of the yearly rent of her said sons Estate and that at Two termes in the year Whyttsunday and Martimess be equall portiones Beginning the first termes payment at the terme off Whyttsunday Jaj vic and two years and yearly thereafter ay and whill the Event off the proces for aliment befoir the Lords of Session at the petitioners instance be discust And appoints and ordain’s Letters of Horning under signet of Councill To be direct hereupon againest Factors, Chamberlains, of the said Estate For payment of the Forsaid soume of Eight Hundered pound scotts of yearly aliment as said is at the termes abovementioned And in caice there be noe factors or Chamberlains on the said Estate. Appoints and Ordaines The saids Letters of Horning To be direct against the said Tennents and possessors thereof upon ane list to be given in by the petitioner subscryved by her of the saids tennents To the Clerks of Councill for that effect And appoints the petitioners Dischairge thereof by her self alone to be sufficient

Edinburgh The 22d March 1704

D1704/3/61

Act

Act Infavours of Alison Grahame Relict of the deceast Robert Hunter of Burnside

Anent The petition given in and presented to the Lords of Her Majesties privie Councill By Alison Grahame relict of the deceast Robert Hunter of Burnside Shewing That by Contract of marriadge past betuixt the said Robert Hunter of Burnside and the petitioner off the date the nynteen of Jully 1700. The petitioner is provyded in Six Cahlders victuall yearly for her lyferent provision in caice of her survivance which altho very small considering the petitionres birth, Education and what she brought to the family yea she would not grudge the same But that the petitioner finds through her husbands not being infeft The petitioner hes not ready access upon her Contract of Marriage to the forsaid provision Since the petitioners husbands Decease which was in February 1702 The petitioner hes been using all the fair means possible with her sons Tuttors for a suitable aliment and provision but they altogither refuise to give the petitioner any help for Her Sustenance And Therfore The petitioner hes raised ane proces For implement off the Contract off marriage befoir the Lords of Councill and Session which will take more time er’e it can be brought to a period then the petitioners straits will allow her Considering that it is now a year and a half since the petitioners husband died Dureing which tyme The petitioner hes got nothing altho she hes maintained her son and posthumus daughter with there attendents all that time and have lykewayes been considerably in advance for mournings at her husbands death and for necessars at the birth of her said posthumus Daughter Therfor The petitioner is necessitat to represent To their Lordships 1mo That the petitioner brought a Compitent provisien with her to the family 2do. That her son succeeded to ane opulent fortune of about Tuenty Four Chalders victuall and Two Thousand merks money yearly and that her provision is but very small not above the seventh pairt of her husbands yearly rent and 3tio That the petitioner hes aposthumus Child to maintain all which The petitioner hes done for this year and a half by gone without any assistance From her sone or his Tutters And seeing her depending proces befoir the session may take sometyme befoir it be Concluded and that the petitioner cannot in the meantime starve And that nature obleidges Children of ane opulent fortune to the sustenance of their parents And Therfore Creaving their Lordships To allow the petitioner Eight hundereth merks yearly off aliment for her self and the lyke soume off Eight hundereth merks yearly of aliment for the heir and his sister and their servants dureing their aboad with the petitioner their mother To be payed furth of the yearly rent of Her said sons Estate Commencing from Whyttsunday 1702 and that quarterly till the event of the forsaid proces off such ane compitent aliment as their Lordships shall think fitt As the said petition bears Which petition Being upon the Fourthteen off March instant Read in presence of the saids Lords off privie Councill They appointed the samen to bee seen and answered the nixt Councill day The Lords of Her Majesties privie Councill Haveing upon the day and date of thir presents Considered the petition given into them By Alison Grahame relict of the Deceast Robert Hunter of Burnside Togither with the Contract of Marriage past betuixt them And the samen being read in their presence The saids Lords Doe heirby Modefie and allow to the petitioner The soume off Eight hundered pound scots for her self and Four Hundered pounds for her son and Daughter To be payed to the petitioner of yearly aliment for her self sone and Daughter as said is dureing their aboad with the petitioner ther mother And Appoints and Ordaines The said aliment To be payed furth of the yearly rent of her said sons Estate and that at Two termes in the year Whyttsunday and Martimess be equall portiones Beginning the first termes payment at the terme off Whyttsunday Jaj vic and two years and yearly thereafter ay and whill the Event off the proces for aliment befoir the Lords of Session at the petitioners instance be discust And appoints and ordain’s Letters of Horning under signet of Councill To be direct hereupon againest Factors, Chamberlains, of the said Estate For payment of the Forsaid soume of Eight Hundered pound scotts of yearly aliment as said is at the termes abovementioned And in caice there be noe factors or Chamberlains on the said Estate. Appoints and Ordaines The saids Letters of Horning To be direct against the said Tennents and possessors thereof upon ane list to be given in by the petitioner subscryved by her of the saids tennents To the Clerks of Councill for that effect And appoints the petitioners Dischairge thereof by her self alone to be sufficient

1. NRS, PC2/28, 284v-285v.

1. NRS, PC2/28, 284v-285v.

Act, 22 March 1704, Edinburgh

Posted on by

Edinburgh The 22d March 17041

D1704/3/52

Act

Warrand for Liberating Robert Fouller

The Lords of Her Majesties privie Councill Haveing Considered the attestation of Robert Fouller sometyme tennent in Humbie Mylne under his hand and James Whytt Clerk of Lath Bearing that the said Robert Fouler had willingly taken on and Engadged with Livetenent Charles Skeen in the regiment Commanded by The Lord Dalrumple in the Dutch service The saids Lords Have Found and heirby Finds the Declaration and attestation forsaid under the hands of the said James Whytt Clerk to be illegall and in noewayes conforme to the late act of parliament And therfor have Found and Declared him to be a free man to goe about his Laufull affaire’s And Dischairges the said Livetennent Skeen or any other officers or Shouldiers to trouble or molest him in tyme comeing upon account of the said Engadgment without a warrant from the Committee of privie Councill anent prest men And appoints and ordains The said Livetennent Skeen instantly to delyver up to the said Robert Fouller the Bond granted by him for his appearance befoir the Councill or Committee therof upon the said Robert Foullers Refounding to the said Livetennent what money he hes given him and what he hes payed for his aliment since he was imprisoned And als Commands and ordains Governours of Castles, officers, souldiers, Magistrats of Burghs and all others in whose custodie and keeping the said Robert Fouller is Immediatly to set him at liberty under the pains Contained in the said act of parliament

Edinburgh The 22d March 17041

D1704/3/52

Act

Warrand for Liberating Robert Fouller

The Lords of Her Majesties privie Councill Haveing Considered the attestation of Robert Fouller sometyme tennent in Humbie Mylne under his hand and James Whytt Clerk of Lath Bearing that the said Robert Fouler had willingly taken on and Engadged with Livetenent Charles Skeen in the regiment Commanded by The Lord Dalrumple in the Dutch service The saids Lords Have Found and heirby Finds the Declaration and attestation forsaid under the hands of the said James Whytt Clerk to be illegall and in noewayes conforme to the late act of parliament And therfor have Found and Declared him to be a free man to goe about his Laufull affaire’s And Dischairges the said Livetennent Skeen or any other officers or Shouldiers to trouble or molest him in tyme comeing upon account of the said Engadgment without a warrant from the Committee of privie Councill anent prest men And appoints and ordains The said Livetennent Skeen instantly to delyver up to the said Robert Fouller the Bond granted by him for his appearance befoir the Councill or Committee therof upon the said Robert Foullers Refounding to the said Livetennent what money he hes given him and what he hes payed for his aliment since he was imprisoned And als Commands and ordains Governours of Castles, officers, souldiers, Magistrats of Burghs and all others in whose custodie and keeping the said Robert Fouller is Immediatly to set him at liberty under the pains Contained in the said act of parliament

1. NRS, PC2/28, 284r. No sederunt recorded, although begins with the note ‘ut in Sederunt’

2. NRS, PC2/28, 284r.

1. NRS, PC2/28, 284r. No sederunt recorded, although begins with the note ‘ut in Sederunt’

2. NRS, PC2/28, 284r.

Act, 17 March 1704, Edinburgh

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Edinburgh the 17th March 17041

D1704/3/42

Act

Act Infavours off John Oswald etc and others

Anent The petition given in and presented To the Lords of Her Majesties privie Councill By John Oswald sone to Sir James Oswald of Fingletoun and Sir Alexander Gilmure of Craigmylner his uncle for his Intrest Shewing That where he the said John Oswald upon the Decease of his father The said Sir James was left wholy destitut and soe cast upon the cair and keeping of the said Sir Alexander his mothers brother Lykeas The petitioner being the only Child of that marriadge is also competently and weell provyded in the soume of Fourty Thousand merks Wherof Fourteen Thousand is still in the hands of his said Uncle as the petitioners mothers portion Which nevertheless in caice of his failzie is to goe inteirly to the petitioenrs fathers Children of his former marriage But tho the petitioner be thus provyded and that his brother Doctor Oswald be also his Tutor nominat Yet the provision for the petitioners aliment is still unsettled The Doctor Choyseing raither to be passive and non other Except his said Uncle appearing for the petitioner And seeing that all the petitioner cravs is to have a Compitent aliment authorized out of his owen Which he humbly conceaved He being now about seven years of age, may be the annualrent of the said Fourthteen Thousand merks due to the petitioner by his Uncle which will be about five hundered pound scots yearly untill he attain to the age of Ten years Compleat and from that time till his age of Fourthteen compleat ane Hundered pound scotts may be added making Six hundered pound yearly and that for bed, board cloathing and all ordinary necessaries And Therfore Creaving their Lordships To authorize the forsaid aliment to the petitioner for the years past viz from the seventh day of March 1701, and in tyme comeing there being noe Contradicter or any other haveing intrest by your Lordships authoritie allenerly craved for his said Tuttor and Freinds their Exoneration As the said petition bears Which petition being upon the Fifthteen of March instant read in presence of the saids Lords of privie Councill They appointed the samen to bee seen and answered nixt Councill day according to which delyverance Doctor George Oswald haveing seen the said petition he returned the same with the answers followeing Mentioning That where Sir Alexander in his petition represents That the said John Oswald was left destitute and had noe bodey to take cair off him but his Uncle and that haveing ane Estate of Fourty Thousand merks wherof Fourthteen was in Sir Alexanders owen hands it was but reasonable That ane aliment should be modefied of five hundered pounds scots yearly from the time the said John entred the said Sir Alexanders house untill his age of Ten years and of Sex Hundered pound Scotts yearly from Ten years Dureing his pupillarity To which it is answered for the said John Oswald and Doctor Oswald his brother and sole tuttor testamentar That the petition is of very Extraordinary nature for the reasons followeing viz 1mo albeit Alexander represents That the pupill was left without any cair the conterar is very nottour for as his father did settle a good portion on him soe in his Testament He Nominats the Doctor his Tuttor and after the fathers decease at Sir Alexander Gilmours Entreaty he gave him the custodie of the Child Secundo The petition is very irregular and illegall – it being the certain principles of Law That a pupill can intent noe action apply to noe Judicature yea doe noething seeing all the power boeth of his person and goods is altogither lodged in his Tuttor and whatsomever Doctor Oswald the Tutter might have done Either by proces or petition for obtaining the liquidation of ane aliment There was noe place for any other persone to make application for ane aliment But especially Sir Alexander had less reason then any man Considering he had a fond of the pupill of Fourthteen Thousand merks in his owen hands and that the Doctor had never Carved3 annualrents therof soe that it was time enough for Sir Alexander when the Tutors Expected the Soumes from him due to the pupill to have craved allowance and Compensatione for his aliment Tertio The Quantitie of Five And sex hundered pounds for the respective years mentioned in the petition Is not only great But irregular in craving the same to be modified to him for the Child under the years of Ten Cannot be thought to spend Five Hundered pound yearly in the Countrie in his Uncles house And when he is put to Schoolls The Tutter will place him with the beast Masters and make the most advantagious and Convenient argument’s for him possible for Sir Alexander most not think That albeit the Tutter Did Committ the pupill to his Cair for atime that therfor he should have the sole keeping of him till the end of his pupillarity For the Tuttor boeth in Conscience and Law is obleidged and will soe provide for his pupills aliment and Educatione as may be most for this Conveniencie and Circumstances And Therefore Creaving their Lordships To consider what is above represented with the hazerd that tutors ly under of haveing every step of their administratione quarrelled and iff their Lordships will take them the modificatione of any aliment To doe in such a manner as the Tutter may be fully Exonoured But allways to have the Tutoria potestas safe That the tutor may place the pupill in what place he thinks most for his Advantage As the saids answers also bears The Lords of Her Majesties privie Councill Haveing upon the day and date of thir presents Considered the above petition Giveing into them By John Oswald son to Sir James Oswald off Fingletoun and Sir Alexander Gilmure of Craigmilner his Uncle for his intrest Togither with answers therto By Doctor George Oswald of Prestoun And the samen being read in their presence The saids Lords Doe heirby modefie and Grant ane aliment offeiring to the annualrent of the soume off Fourthteen Thousand merks For the said John Oswald To be payed yearly be equall portiones Commencing and begining at the seventh day of March Jaj vic and one years and that for the said John Oswalds aliment and mentaining him at bed board, schoolls and other necessaries to be waived upon him untill his age of Ten years compleat And the saids Lords Modefies and Ordains The soume of ane Hundereth pound scots of additionall and further aliment To be payed for the intertainment education and other necessarries as said is To be waired out and bestowed upon the said John Oswald untill his age of Fourthteen years compleat And ordains the said Doctor Goerge Oswald Tuttor nominat to the said John To make payment off the saids respective aliments accordingly To the said Sir Alexander Gilmure dureing the said John Oswald his residence and aboad with him

Edinburgh the 17th March 17041

D1704/3/42

Act

Act Infavours off John Oswald etc and others

Anent The petition given in and presented To the Lords of Her Majesties privie Councill By John Oswald sone to Sir James Oswald of Fingletoun and Sir Alexander Gilmure of Craigmylner his uncle for his Intrest Shewing That where he the said John Oswald upon the Decease of his father The said Sir James was left wholy destitut and soe cast upon the cair and keeping of the said Sir Alexander his mothers brother Lykeas The petitioner being the only Child of that marriadge is also competently and weell provyded in the soume of Fourty Thousand merks Wherof Fourteen Thousand is still in the hands of his said Uncle as the petitioners mothers portion Which nevertheless in caice of his failzie is to goe inteirly to the petitioenrs fathers Children of his former marriage But tho the petitioner be thus provyded and that his brother Doctor Oswald be also his Tutor nominat Yet the provision for the petitioners aliment is still unsettled The Doctor Choyseing raither to be passive and non other Except his said Uncle appearing for the petitioner And seeing that all the petitioner cravs is to have a Compitent aliment authorized out of his owen Which he humbly conceaved He being now about seven years of age, may be the annualrent of the said Fourthteen Thousand merks due to the petitioner by his Uncle which will be about five hundered pound scots yearly untill he attain to the age of Ten years Compleat and from that time till his age of Fourthteen compleat ane Hundered pound scotts may be added making Six hundered pound yearly and that for bed, board cloathing and all ordinary necessaries And Therfore Creaving their Lordships To authorize the forsaid aliment to the petitioner for the years past viz from the seventh day of March 1701, and in tyme comeing there being noe Contradicter or any other haveing intrest by your Lordships authoritie allenerly craved for his said Tuttor and Freinds their Exoneration As the said petition bears Which petition being upon the Fifthteen of March instant read in presence of the saids Lords of privie Councill They appointed the samen to bee seen and answered nixt Councill day according to which delyverance Doctor George Oswald haveing seen the said petition he returned the same with the answers followeing Mentioning That where Sir Alexander in his petition represents That the said John Oswald was left destitute and had noe bodey to take cair off him but his Uncle and that haveing ane Estate of Fourty Thousand merks wherof Fourthteen was in Sir Alexanders owen hands it was but reasonable That ane aliment should be modefied of five hundered pounds scots yearly from the time the said John entred the said Sir Alexanders house untill his age of Ten years and of Sex Hundered pound Scotts yearly from Ten years Dureing his pupillarity To which it is answered for the said John Oswald and Doctor Oswald his brother and sole tuttor testamentar That the petition is of very Extraordinary nature for the reasons followeing viz 1mo albeit Alexander represents That the pupill was left without any cair the conterar is very nottour for as his father did settle a good portion on him soe in his Testament He Nominats the Doctor his Tuttor and after the fathers decease at Sir Alexander Gilmours Entreaty he gave him the custodie of the Child Secundo The petition is very irregular and illegall – it being the certain principles of Law That a pupill can intent noe action apply to noe Judicature yea doe noething seeing all the power boeth of his person and goods is altogither lodged in his Tuttor and whatsomever Doctor Oswald the Tutter might have done Either by proces or petition for obtaining the liquidation of ane aliment There was noe place for any other persone to make application for ane aliment But especially Sir Alexander had less reason then any man Considering he had a fond of the pupill of Fourthteen Thousand merks in his owen hands and that the Doctor had never Carved3 annualrents therof soe that it was time enough for Sir Alexander when the Tutors Expected the Soumes from him due to the pupill to have craved allowance and Compensatione for his aliment Tertio The Quantitie of Five And sex hundered pounds for the respective years mentioned in the petition Is not only great But irregular in craving the same to be modified to him for the Child under the years of Ten Cannot be thought to spend Five Hundered pound yearly in the Countrie in his Uncles house And when he is put to Schoolls The Tutter will place him with the beast Masters and make the most advantagious and Convenient argument’s for him possible for Sir Alexander most not think That albeit the Tutter Did Committ the pupill to his Cair for atime that therfor he should have the sole keeping of him till the end of his pupillarity For the Tuttor boeth in Conscience and Law is obleidged and will soe provide for his pupills aliment and Educatione as may be most for this Conveniencie and Circumstances And Therefore Creaving their Lordships To consider what is above represented with the hazerd that tutors ly under of haveing every step of their administratione quarrelled and iff their Lordships will take them the modificatione of any aliment To doe in such a manner as the Tutter may be fully Exonoured But allways to have the Tutoria potestas safe That the tutor may place the pupill in what place he thinks most for his Advantage As the saids answers also bears The Lords of Her Majesties privie Councill Haveing upon the day and date of thir presents Considered the above petition Giveing into them By John Oswald son to Sir James Oswald off Fingletoun and Sir Alexander Gilmure of Craigmilner his Uncle for his intrest Togither with answers therto By Doctor George Oswald of Prestoun And the samen being read in their presence The saids Lords Doe heirby modefie and Grant ane aliment offeiring to the annualrent of the soume off Fourthteen Thousand merks For the said John Oswald To be payed yearly be equall portiones Commencing and begining at the seventh day of March Jaj vic and one years and that for the said John Oswalds aliment and mentaining him at bed board, schoolls and other necessaries to be waived upon him untill his age of Ten years compleat And the saids Lords Modefies and Ordains The soume of ane Hundereth pound scots of additionall and further aliment To be payed for the intertainment education and other necessarries as said is To be waired out and bestowed upon the said John Oswald untill his age of Fourthteen years compleat And ordains the said Doctor Goerge Oswald Tuttor nominat to the said John To make payment off the saids respective aliments accordingly To the said Sir Alexander Gilmure dureing the said John Oswald his residence and aboad with him

1. NRS, PC2/28, 284r. No sederunt recorded, although begins with the note ‘ut in sederunt’

2. NRS, PC2/28, 284r.

3. Sic.

1. NRS, PC2/28, 284r. No sederunt recorded, although begins with the note ‘ut in sederunt’.

2. NRS, PC2/28, 284r.

3. Sic.