THat where I being conveened before the Lords of Their Majesties Privy Council, at the Instance of James now Earl of Callender and the Earl of Linlithgow, and his other Tutors for their Interest; he obtained against me the Modification of one Thousand pounds Scots of Aliment yearly, to be payed to him out of my Joynture, wherein I was secured by all the Security that Law could make me: By which Sentence being greatly grieved, I cannot but lay before this high and Honourable Court of Parliament, the many and strong Reasons that I offered to the Lords of his Majesties Privy Council, in my own Defence. As first, That there was no pressing Necessity for any Ali­ment, since the Earls Mother had given him a thousand Merks yearly, as was acknowledged, and he was but an Infant, whom such a Sum in his Circum­stances might very well serve. 2. The Necessity being taken off, and this question of Aliment dipping visibly upon the Point of Civil Right, it was un­denyable that the Pursuite was more proper to be intented before the Lords of Session than before the Lords of the Privy Council, who are not in use to re­ceive Complaints of that kind, except where the Necessity is urged, as a matter that admits of no delay, which could not be alledged in this case. But 3. To shew that your Petitioner desired no delay but a fair Discussion in Point of right, I offered to consent that the matter should be summarly discussed by the Lords of Session. 4. To come close to the Case it self, I did contend that the ordi­nary Motives of Equity for giving the Heir an Aliment against the Liferenter, did wholly cease in my case, in as much as I am nothing in Blood to this Earl of Callender, and that he is not Lineally descended of me, nor is the Debt that straitnes him either my Husbands or his predecessors Debts, but on the contra­trary, Debts contracted by his Father after my Husbands decease, and that I was possessed of my Joynture, so that to burden me with an Aliment in this Earls fa­vours, where there was neither ty of Bloud, nor the least colour of Equity, upon the account of my Husbands Debts, was a case wholly unprefidented.

But 5. As I truely am a Stranger to the Family in Blood, though never in kind­ness, so any Joynture I have was most onerously purchased by the Portion I brought with me, which was no less than 38000 pounds Scots, and for which all the Joynture was but about 8000 Merks yearly, which is the least that a Person of my Quality can live upon, and the same can admit of no Deduction: whereby it is evident, that there is no more Reason to take an Aliment off me, than of any other singular Successor. 6. In an Agreement with this Earls [Page 2]Father, I got from him an Ratification of my Jointure, with an express Reun­nciation of all Claims of Aliment, which in sense and Reason seems effectual­ly to exclude this Earl who is his Son and Heir. 7. Upon the whole matter I am in effect, no more lyable to an Aliment to this Earl of Callender, than if by his own Debt and Mismanagement he had brought himself to this Necessity, which no person will, or can say should ever be a Strait upon me, for as to me this Earl and his Father are both the same person, and the Fathers Debt doth now straiten his Son: It was never my Husbands Debt, but contracted after his death, and my Possession of my Jointure: and farder this Claim of Ali­ment is renunced by the Father, so that on all these Considerations, it is plain and evident that I can be no more obliged to Aliment this Earl, then if he had brought himself to this Distress by his own Mismanagment and Extravagancie, which no rational man will alledge; seing, therefore that my Case is so singular, and my Defences were so strong: and that notwithstanding, I clearly proved eve­ry Point, that I alledged in matter of Fact: it was yet cast by the Lords of Councils Sentence, I cannot but in all humility Address my self to this High and Soveraign Court, as the only Court and Power where any Help or Reme­dy may be found.

My it therefore please your Grace and Lordships, in consideration of the Premisses, to suspend the foresaid Sentence of Council, and all fur­der Execution upon it, and to grant Warrand to Cite the said Earl and his Tutors for their interest, to compear before your Lordships, to hear the foresaid Case and Question, with the Sentence upon it reviewed and rectified, or otherways to remit the Discussion thereof to the Lords of Council and Session, the only proper Judges of Right, that they may determine therein, notwithstanding of the foresaid Sentence of Privy Council, and as if the same had never been pronounced.