Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER LORD FOUNTAINHALL.
Jo Knox v. The Earl of Roxburgh
Date: 18 November 1663
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Robert, Earl of Roxburgh, by his bond dated 1635, binds him and his heirs to content and pay (for causes specified in the bond,) yearly a pension of 100 merks to Mr. Jo. Knocks, Minister at Boudon, and Agnes Borthwick his wife, during all the years of his lifetime, yearly at Yule. My Lord Roxburgh lives till 1650. All this while, not a farthing of it is paid. William, now Earl of Roxburgh, oy and heir of tailyie and provision, serves and retours himself heir to the deceased Robert, his grandfather. In whose time nothing of the pension is paid either. In the meanwhile, Mr. Jo. to whom the pension was due, dies, in anno 1656. His son, Mr. Jo. Knox, late Minister at Leith, confirms his father's testament, and gets himself made executor dative to him; whereon he charges this Earl of Roxburgh for to make payment to him of the said sum of 100 merks yearly, for twenty years, which made 2000 merks; item, for 10 pounds of failyie that was in the bond, and that for every year. For instructing his title, he produces, first, the bond of pension; then his father's testament, confirmed before the Commissaiy of Roxburgh; then a seasine conform to a precept out of the Chancellary, extracted out of the registers, whereby the now Earl infefts himself as heir to his grandsire. Which the Lords held for a sufficient and relevant probation; and, therefore, gave furth decreet, ordaining William, Earl of Roxburgh, nomine quo supra, to make payment of the said 2000 merks to the pursuer.
Act. Mr. John Colvill.—It's a decreet in absence. Kello.
Signet MS. No. 4. folio 4.
