THat where I having in a Former Petition, Represented to your Grace, and the Ho­nourable Estates of Parliament the Circumstances of my Grand children, the present Viscount of Arbuthnet, and his Brothers and Sisters, upon the reading thereof Knox being out of Town) there was a long day allowed to him to see and answere: But he being now returned, it is hoped that your Grace and Lordships will ordain him to answer the said Petition, and what farther is represented in this, against Friday nixt peremp [...]orie: But because in the former Petition, I do condiscend upon a competent number of Friends on the Fa­thers side, and the like number upon the Mothers side, whom I crave to be appointed Ad­ministrators to my Grand Children; I shal endeavour to clear what I did design by the foresaid Proposal, and I am confident, upon due consideration, it will be found both just and necessa­ry. And 1mo The saids Children are both Fatherless and Motherless, and destitute of all Tu­tors, for as I formerly represented, the Lords of Session, have most justly reduced the Testa­ment, and Nomination of Tutors therein contained, as being imposed upon the late Viscount, the same never having been read to him: And it was also evidently Instructed, that the Per­sons who are nominat to be Tutors did malverse, by intrometting summarly with the Writs, and as there are now no Tutors Testamentars, so Knox can never be served Tutor of Law; Be­cause, besides that without Reflection, it may be said that he is not fit for managing Affairs of such Weight and Importance as the present Viscounts are: So there are likewise competent Objections against him: viz. That he being sensible of his own unsufficiency, did interdict him­self, in so far as concerned the Administration of the Tutory to Sir Thomas Burnet of Lyes, and some others of the present Viscounts Relations on the Father side, and this Objection being pro­poned, when he endeavoured to expede his Service before the Macers and Lords of Session, the same was sustained, and he was ordained to depone, if there is, or ever was any such Agree­ment betwixt him and the said Relations. And albeit he does depon that there is no such A­greement, yet neither he, nor Sir Thomas Burnet can deny, but that there was such an Agree­ment drawn up, albeit the same be not now extant, and that if the Service go on, he will be no more but a nominal Tutor, and the Administration will be in the hands of the other Re­lations: And this Objection can very soon be determined by your Grace and Lordships, and if I prevail, it will then follow of Course, that in Justice a competent number of Friends be ap­pointed as Tutors Dative, and that either by your Grace and Lordships Appointment, or upon your Recommendation, by the appointment of the Lords of the Exchequer. But 2do. If Knox and the Viscounts Relations on the Fathers side do prevail, it will indanger both the Viscounts Estate, and his Brothers and Sisters Education, for they will necessarily fall under the manage­ment of these Friends who have already malversed, and whose Nomination and Right of Tuto­ry is reduced by the Lords of Session. And it can never be expected, that they will give better Advice in the management of the present Viscounts Affairs, than they gave in the late Viscounts time: And what they did then advise, did almost tend to his ruine. For 1mo. They got the late Viscount perswaded to enter into an Agreement with Glenbervy Sir Thomas Burnets Un­cle, most disadvantagious upon the Viscounts part, and so unequal, that the same being quar­relled by me and some of my Friends, it was passed from, and no person had the confidence to mantain the justice of it. 2do. I finding that the said Viscount had been thus imposed upon [Page 2]I perswaded him to farm his Estate to Knox and Findowrie, whereby he would have payed yearly to the late Viscountess Dowager then alive, her Annuity, his whole Anualrents, and near ten Thousand merks of Principal Sum: and besides, he reserved a competent Subsistence to him­self and Family. But his Relations in my absence quickly overturned this Settlement; and then they engaged him in a Contract with Alexander Innes, whereby he was constitute Factor, and Sir Thomas Burnet became bound as Cautioner for him, since which time there has been no part of the Principal Sums payed, albeit the said Viscountess her Annuity did fall, by reason of her death to the late Viscount. And for preventing all Objections that may be made or insinuate against my Daughter, that she had some hand in the unfortunate Management of the late Vis­counts Affairs, it shal be made appear that she restricted herself for these many years past to 800 works yearly, with which smal Sum, and what money and others she got from her Mother and me, she mantained herself and her whole Children in Clothes, & payed her own, & their Servants Fies. So that the mismanagement can only be ascribed to the said Viscounts Relations, who both impo­sed upon him in making the Agreement with Alexander Innes, and in stating of the Accompts with him. 3tio. Since the Viscounts death, and the time that he was on Death bed, its well known how anxious they have been to inhaunce the management of the present Viscounts Affairs, by imposing on him when in a Raging Fever, a Testament which they induced him to Sub­scribe as said is, by Intrometting with his Writs breve manu; and after they were turned out by the Decreet of the Lords, and Mr. Mungo Carnegy was appointed Factor by the Lords of Privy Council, who had secured a part of the Viscounts Victual in a Lock-fast house, they or some persons by their Order, did enter into the said house, and took out the Victual and dis­posed of it, and as is informed, at a Price far below what the Factor had sold it for. And all this being premised, it is left to your Grace and Lordships, to Determine if it be not more consonant to Justice, that the Estate should be managed by an equal number of Friends, of both Father side and Mother-side, and that their Interest should be confirmed by appointing them Tutors Dative in manner foresaid, than that persons that have so mis-managed formerly, should still be allowed to continue their managemement, and to exclude all my Daughters Relations from the same. And now in the Intervall and Vacation of the Session, there can be no Re­meid but by the Sentence of this Honourable Court: and the Viscount and his Brothers and Sisters, their Case can admit of no delay, for year and day is now near run, since the time of their Fathers decease; and thereafter the Viscount will be Harrassed with multitudes of Process­es at the Instance of his Fathers Creditors, when he will have none to look after him, or defend him. And lastly as to to the younger Children, and who are destitute of Provisions, being six in number, one Son and five Daughters: I humbly conceive they can be Educat no where so well, as in my Family, or in such other places as I shall appoint them, my Wife and I being their only Parents now alive. And it is Remitted to your Grace and Lordships, to modifie and appoint what Sum you think fit for their Aliment. As also I conceive, that your Grace and Lordships will think it just, that I have the Custody of the Viscount, for none will more tenderly care for him and his Brother and Sisters, not only upon the account of my Relation to them, but also in respect I have Substitute them in the Tailzie of my Estate, failzieing the Heirs of my Son Strathnaver.

It is therefore humbly Craved, that your Grace and Lordships will consider the Premisses, and in respect thereof, find that Knox cannot be served Tutor of Law for the Reasons above mentioned. And that therefore You may appoint the persons contained in my for­mer Petition, to be Administrators, and Recommend them to the Lords of Exchequer for a Gift of Tutory: And also to give to me the Custody of the Children, and to appoint such Aliments to them, as your Grade and Lordships shall think fit, they being destitute of Provisipns.