To his Grace, His Majesty's high Commissioner, and the Right Honourable the Estates of Parliament, Marry Countess of Callender, and her Husband for his Interest, Humbly showeth, THat where I being convened before the Lords of Their Majesty's 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 paid to him out of my Jointure, 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 Majesty's 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 Marks 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 undeniable that the Pursuit 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 alleged in this case. But 3. To show that your Petitioner desired no delay but a fair Discussion in Point of right, I offered to consent that the matter should be summarily discussed by the Lords of Session. 4. To come close to the Case itself, 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 straitness him either my Husbands or his predecessors Debts, but on the contratrary, Debts contracted by his Father after my Husband's decease, and that I was possessed of my Jointure, so that to burden me with an Aliment in this Earls favours, where there was neither tie of Blood, nor the least colour of Equity, upon the account of my Husband's Debts, was a case wholly unprefidented. But 5. As I truly am a Stranger to the Family in Blood, though never in kindness, so any Jointure 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 Jointure was but about 8000 Marks 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 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 liable 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 Straight upon me, for as to me this Earl and his Father are both the same person, and the Father's Debt doth now straiten his Son: It was never my Husband's Debt, but contracted after his death, and my Possession of my Jointure: and farther 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 extravagancy, which no rational man will allege; seeing, therefore that my Case is so singular, and my Defences were so strong: and that notwithstanding, I clearly proved every Point, that I alleged in matter of Fact: it was yet cast by the Lords of Councils Sentence, I cannot but in all humility Address myself to this High and Sovereign 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 Premises, to suspend the foresaid Sentence of Council, and all further Execution upon it, and to grant Warrant 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. And your Grace and Lordship's Petitioner shall ever pray.