Series 5 > Miscellany [of the Scottish History Society] XIII

308
MISCELLANY XIII
APPENDIX
To the King’s most excellent Majesty, The Petition of Mary Lady
Yester, and John Lord Yester, for themselves, and in behalf of theire
Children.
That the deceast Duke of Lawderdale my father having maryed my
Mother one of the two daughters of the Earle of Home, and Coheir
with her sister of that Family, did get, and had with her, besides ane
great Portion and Tocher, considerable and great soumes of Money,
by the decease of her brother, the Earle of Home, without Issue, and
upon composition and Transaction with the Heir male of that Family,
and by the decease of the Countess of Home her Mother, both money,
jewels, plate and other movabls of great value, all which as coming
from them were by the Contract of Manage between my Mother and
him, provided to the bairns of the Manage, and there being diverse
Children of that Mariage, both male & female, and I being the only
Child surviving and representing my father, and it being the Naturall
desire of rationall men, to be represented by theire own Offspring, and
theire daughters, and theire children, failling heirs Male of theire own
body, which is so just and favourable by the Law of God, given to his
people, and the laws of other nations that the greatest of Estates and
Interests, do descend to daughters and theire issue, failling Male
children.
And upon the considerations forsaid the Duke of Lawderdale had
that tender affection and respect to the petitioner his only daughter
and Chyld, that as he had often promised to my Grandmother the
Countess of Home, and to my Mother the Lady Lawderdale, that I
should represent, and succeed him in his Estate, so, long befor my
Mariage he did infeft me in the same. And by my Contract of Mariage
with the Lord Yester which Your Majesty was pleased to assist and
honour with your Royall presence, he did again setle his whole Estate
upon me his Daughter, and the Heirs of the Mariage, and ten thousand
lib Scots of yearly annuity out therof upon the Lord Yester my
husband, during his life in case of his surviving me, in satisfaction of
the Courtisie due to him by law; reserving and saving to himself, a
power to redeem the same, upon the payment of a small soum; which
is ane ordinary clause, and Caution in Contract of Mariage, not to
impose upon & frustrat these who doe mary Daughters of Familys,
but to be a tye upon Daughters & theire husbands & Children to be