INFORMATION For Dame Helenor, Issobel, and Margaret Nicolsons, Sir John Schaw of Greenock, Sir James Dumbar of Mochrum, and Mr. Thomas Nicolson younger of Balcaskie their Husbands. Against Sir Thomas Nicolson of Tillicultrie.  
THe Estate of Carnock and Plane being purchased by Sir Thomas Nicolson, he settled the same in favours of himself and his Heirs whatsomever, and Sir Thomas his eldest Son having succeeded as his Heir of Line, and being Minor, least he might be injured by his Transactions, and that he might be governed and advised by his Friends, he choices Sir Thomas Hope of Craighall, Sir Alexander Gibson of Durie, Sir John Hope younger of Craighall. Sir James Foulis of Collingtoun, Sir levis Stuart of Kirkhill, Sir James Nicolson of Cockburn-peth, John Nicolson of Poltoun, Mr. Thomas Nicolson Advocat, and Mr. James Baird, and Mr. Robert Nicolson Commissars of Edinburgh to be his Curators, whereupon there is an Act extracted under the hand of the Commissar-Clerk of Edinburgh, dated the 2d day of April 1646 years.  
Sir Thomas Nicolson while Minor enters into a Contract of Marriage with Lady Margaret Livingstoun, Daughter to the Earl of Linlithgow, whereby he provids his Estate to the Heirs-Male of that Marriage, and obliges him and his Heirs male and Successors whatsoever, to pay Portions to the Daughters of that Marriage, but this Contract though it bear with his Curators consent, yet it is not subscribed by them.  
Sir Thomas Nicolson of Tillicultrie serves himself Heir-male in general to the said deceaff Sir Thomas the Contracter, and the said Sir Thomas his Daughters, who were served Heirs of Line in special, and infest to Sir Thomas Nicolson, thereafter Lord Napeir their Nephew Raise a Process against the said Tillicultrie, for declaring the Right of the foresaid Estate to belong to them as Heirs of Line, comform to their special Retour and Infeftment, and that by the foresaid minute of Contract, there was no Alteration of the Succession from the Heirs whatsoever to the Heirs-male, and that the minute was Null being entered into by a Minor having Curators, without their consent, and the said Tillicultrie raises a Counter-declarator at his instance against them, for declaring the Estate to belong to him as Heir-male, because by the foresaid Contract, the same is provided to the Heirs-male of the Marriage, and in all the Obligements upon Sir Thomas, he obliges his Heirs-male in performance, which he would never have done it he had not designed them to have succeeded to his Estate.  
These mutual Processes being long and fully debate, and much retarded by Tilliciultrie, by the then prevailing influence, even to that rate, that the late King interposed when the Process was to be advised by the Lords, and by his warrant caused his Advocat take up the same, where it lodged till the present Establishment of the Session, that the Action being again wakened, and of new fully heard and debate; The Lords found and declared, that there was no Alteration or Change of the Succession and former Sttlement of the Estate of Carnock and Plain provided to Heirs whatsoever, from the saids Heirs whatsoever, to, and in favours of Heirs male, either expressed in, or imported by the foresaid minute of Contract Matrimonial, betwixt the said Sir Thomas Nicolson and Lady Margaret Livingstoun, or yet expressed in, or imported by the Bond of Provision granted by the said Sir Thomas Nicolson to the said Helener, Isobel Anna and Margaret Nicolsons his Daughters, and fand and declared that the said deceased Sir Thomas Nicolson was Minor, the time of entering unto the foresaid minute of Contract, and that the said minute was entered into without his Curators subscribing the same; and that it is proven by the Act of Curatory produced; that the said Sir Thomas had Curators at the time, and that by the said Contract, the said Sir Thomas could not without Advice and Consent of his Curators alter the former settlement of his Estate provided in favours of his Heirs whatsomever, to a Tailzie in favours of the Heirs-male: And that the foresaid dead and alteration, albeit it had imported a Tailzie and Alteration of the Succession, which it did not, was voided and null, and therefore found and declared that the said Helenor, Isobel and Margaret Nicolsons, Heirs Portioners of Line, in special served and retoured to the said Thomas Lord Napeir, and their Husbands foresaids for their Interests, have good and undoubted Right to the Lands and barony of Carnock and Plain, as the Decreet extracted thereupon, of the date the 3d day of Feb. 1691 years more fully bears.  
Sir Thomas Nicolson of Tillicoutrie having protested for remeid of Law against the foresaid Sentence though several sessions of Parliament have been since, yet he never insisted therein, but the Heirs of Line were necessitat to apply to the Parliament, and procure a warrant for citeing him to insist upon the grounds of his Appeal, which after he had much waved, was at last given in, and both Parties heard before the Committee for private Affairs.  
The said Sir Thomas Procurators first urged, that the Contract was a plain Alteration of the Succession of that Estate from the Heirs whatsoever to the Heirs-male, and so that he was laesed by the Lords Interloquitor, for by the Contract he provides his Lady to the Baroney of Plane, and takes her bound to pay to his Heir-male what the same Baroney pays more than four thousand marks of yearly Rent. 2. He obliges his Heirs-male and Successors in Warradice of the said provision. 3. He obliges himself to provide his Estate to the Heirs-male of the Marriage, and obliges the Heir-male in payment of particulal Sums to the Daughters of that Marriage, and that the Contract should be extended by advice of Men of Law; from all which he alleged that it was evident, that by that Contract it was designed that the Estate should go to the Heirs-male, as was the common Custom of ancient Feus.  
It is Answered for the Heirs of Line, That the Succession to Lands is determined by the Tenor of the former Infeftments, and which no design nor resolution can alter, without an plain Resignation or Obligement to that effect: And it is not controverted but Sir Thomas Nicolson the Acquirers Infestment is to the Heirs whatsomever, and so the Service and Retour of the Heirs of Line, as Heirs to the Lord Napeir their Nephew, is comform and agreeable to the Infeftments of that Estate; and so declares and completes their Right, unless an plain Obligement or Resignation to the contrair did appear. And as to the Contract produced and debated upon, there is not the least shadow of change or alteration therein expressed or imported, for though the Contract obleige the Heirs Male, yet that is nothing, because all debtors and Obligants, both in their Provisions to their Ladies, and their Bonds to their Creditors, bind their Heirs, as well Male of Tailzie, Conquest and Provision, as of Line, which is in order to the Creditors security, but has no relation or design to alter the Succession of the person Bonud, and it does not import, that by the same Contract the overplus Rent is to be payed to the Heir Male, because by the Contract, he provided the Estate to the Heir Male of that Marriage, who exhilted, and who thereby had right to that overplus Rent, so that two things are necessarily to be considered: 1. That no Design to make a Tailze doth import a Tailzie, and therefore although the Contract had born, that the Contracter designed to have tailzied his Estate, which is not done, or by any writ under his Hand, had expressed such an Intention, yet if there had been no express Obligement upon him and his Heirs whatsomever, in favours of himself, and his Heirs of Teilzie, no Lawyer will assert that there is a Tailzie implyed, for Tailzies being a cutting off the Natural and Legal Line of Succession, are not to be drawn from Conjectures or Intentions, but from positive Deeds; and the truth is, this Contract being written upon the supposition and mistake that the ancient Securities were to Heirs Male, by the direction of a Minor, ignorant of his Affairs, without consent of his Curators, does not so much as import a remot intention to change the course of Succession. 2. All that in sense can be thought to be imported by that minute, has happened and is fulfilled; Sir Thomas Nicolson had an Heir Male of that Marriage, who was likewise Heir of Line, and succeeded him, and the Lord Napeir succeeded to him again as Heir of Line; And since there was no Obligement upon the Heir Male, of that Marriage, or this Heir of Line to transmit his Estate to his Heirs Male, the Law did convey it to his Heirs of Line.  
Whereas it was alleged that he took his Heirs Male bound to pay Portions to his Daughters, which is an Demonstration that he did not design his Daughters to succeed.  
It was answered, that he having married the Earl of Linlithgows Daughter, the Earl and his Friends thought it reasonable, that the whole Estate should go to the Heirs of that Marriage, but that being refused by Sir Thomas, it has been concerted, that the Estate should go to the Heirs Male of that Marriage, And in case these failzied, and that Sir Thomas had Heirs Male of another Marriage, whereby the Daughters would be secluded from Succession, therefore he bound his Heirs Male in payment of the Portions to his Daughters; and de facto, his Son Sir Thomas did succeed: And after Sir Thomas the Contracter is forty Years of age, gives an Bond of Provision in favours of these Daughters, whereby he binds his Heirs whatsomever, which is a sufficient Document that he neither understood nor designed any alteration of his Succession by the former contract, which could not be done but habili modo, by plain obligement to that purpose and resignation.  
What ever Reason there might be where Feues were granted gratuitously for Military Service, that the Masculine Line should succeed, yet this being feudum novum purchased by Sir Thomas Nicolson, to him, and his Heirs, whatsomever the Tenor of his Infeftment is the Rule of Succession, and takes of all Presumption in favours of the Heir-male.  
It were tedious and unnecessary to make Commentaries upon all the several Clauses of the Contract wherein mention is made of Heirs-male, seing the most considerable Clauses have been already taken notice of, and the repeating of Heirs-male so often, did partly proceed from the mistake of the first Infeftments, and partly from the express Intention that the Contracter had; that his own Heirs-male, tho of an other Marriage, should succeed before his Daughters of the Marriage with my Lady Margaret Livingstoun, and it is not to be imagined, that the Ladies Honourable Relations would have agreed to any settlement, whereby the Daughters of that Marriage would have been excluded from Succession, if Sir Thomas had died without Male Issue, and if the Contracter had had any such design, it had been easy in the Course of twenty years life that followed afterwards, to have completed it, which he never did.  
As there is no alteration of the Succession expressed, or imported from this Contract, so the Lords likewise found the same null, as being entered into by a Minor, having Curators without their Consent.  
Against which Branch of the Decreet, Tillicoutrie urged. 1. That it was not proven that Sir Thomas was Minor, the Extract of his Age not being an sufficient Probation. 2. The Act of Curatory did not prove, unless the warrant thereof subscribed by the Curators were produced. 3. It was not proven that the Curators were alive the time of the Contract. 4. Sir Thomas was not thereby lesed. 5. He did not rev●ck inter annos utiles, but on the contrair, did homologat the same by granting the Bond of Provision to his Daughters  
To this it is Answered, that as the Contract does not in the least insinuat any Alteration of the Succession from the Heirs whatsoever to the Heirs-male, so the same proves the Minority of Sir Thomas the Granter, in regaird it bears with consent of his Curators, which is never adhibite but to Minors, and seing Tillcoultrie makes use thereof for his Tailzie, he must like ways make use of the same for proving the Minority, seing he cannot both approbat and reprobat the same Writ, and though the Extract of his Age bearing so many honourable witnesses in re tam antiqua, be a sufficient Probation, yet it is here more full, being adminiculat by this Contract, bearing with consent of Curators, and by a Discharge granted by him in anno 1649, with consent of his Curators to the Lord Belhaven of certain Annualrents, which proves his Minority that year, and so infallably in the year 1648 preceding, in which the controverted minute of Contract is dated.  
As to the second, the Act of Curotory is produced, and the Decreet of the Lords opponed, bearing the same to have been compared with the Record, and to quadrat therewith, and to be marked in the Minut-book; and besides all this, there is produced a Factory by the said Sir Thomas with consent of his Curators thereto subscribing to William Livingstoun, appointing him Factor in anno 1647 shortly after the said Act of Curatory. 2. The Contract pursued upon in anno 1648 bears with consent of his Curators. 3. The Discharge of Annualrents to Belhaven in anno 1649, is granted by him and his Curators, each of which per se do prove the Curatory, and fully astruct the Act and Acceptation.  
As to the third, That it is not proven that the Curators were alive the time of the Contract.  
It is Answered, That the Curators are presumed alive, unless they had been proven dead, and here their being alive, appears by the Contract which bears with their consent. 2, The Discharge to Belhaven is subscribed by them one year thereafter 1649, which necessary infers that they were alive the year preceding 1648: And it is notour to many in the Parliament, that most of them were alive for many years thereafter, and Sir James Fowls of Collington is but lately dead.  
To the fourth, That Sir Thomas was not thereby laesed, It is Answered, that the Deeds of Minors having Curators, without their consent, are ipso jure null, and so Laesion needs not be alleged, which has been so often decided, that the same is now become an uncontraverted Principle, as may appear by the Decision, the 7 December 1666, Sir George Mekenzie contra Fareholm, and the 25 of December 1667, inter eosdem; And the 9 of December 1632, Maxwel contra the Earl of Nithsdale, and innumirable more Decisions observed both by Dury and Stair; And if Minors having Curators were obliged to Instruct laesion in the deeds done without their consent, then it were of no value or import to choose Curators, because where laesion is instructed, Minors are restored: however even against these deeds to which the Curators consent, but Curators being chosen, the want of their consent to the Minors dead, renders the dead null. And the Law gives this Reason for having Curators, Magis decorum & honestum esse in tempore occurrere & providere ne minores capiantur, quam ut assiduis in plorationibus tribunalia personent, which fully signifies, that where they want Curators, they must apply to the Judicatories, but where they have Curators, that that application is prevented by the nullity of the dead: And in general, where ever the Law requires a specific Form or Solemnity in any act, if that Act be done without observing that Form or Solemnity it is null: Now it will not, nor cannot be controverted, but that the Law requires that Minors having Curators ought to be authorised, when they enter into Contracts mutually obligatory, and of vast importance for their Families: And therefore the Contracter here being Minor, and having entred into a Contract without observing the Forms of Law, the dead is unquestionably null, and the very contract itself, if it did import a Tailzie as it does not, were a sufficient laesion, being the alteration of the Succession from the Heirs whatsomever, to the Heirs Male: And besides, there is an other obvious laesion, for thereby Sir Thomas provides his Lady to her Jointure, though the Marriage dissolve within the Year.  
To the Fifth, That he did not Revock inter annos utiles, but Homologat the same, by granting a Bond of Provision to his Daughters.  
To this it is answered, That the same is no ground of Appeal, because not alleged before the Lords, nor could be; for null Deeds need no Revocation. Deeds of Minors that require Revocation are such as of their own nature subsist, and are Obligator: such as the Deeds of Minors wanting Curators, and the Deeds of Minors with the consent of their Curators. But the Deeds of Minors having Curators, without their Consent being ipso jure Null, nullo tractu temporis possunt convalescere, And n● foreign Custom can regulat this Case, which is so fully and plainly regulat and determined by our Law.  
As to the Homologation alleged upon. It is answered, 1. There is no Tailzie by the Contract.  
2. The Bond of Provision granted on Death-bed, has no relation to the Tailzie, and so is no Homologation thereof. 3. Homologation is only inferred, where the Act of Homologation can be ascribed to no other dead, but the dead Homologat; but here Sir Thomas the Granter of the Bond of P 〈…〉 not Found the same upon the foresaid Contract but upon the ties lying upon him by t●● Law of God and Nature to provide his Daughters, he having then an Heir-male of his own Body alive who did succeed him, his Daughters being absolutely unprovided: and so it is no Homologation of the Contract, but the Effect of his Duty. 2. The Bond clearly Insinuats the contrare, for the same binds his Heirs whatsomever, without any mention of his Heirs-male: And albeit it requires the Granters Son, or any other who should succeed to his Estate, to fulfil the Provisions to the Daughters; yet that doth not import, that there was a Tailzie, and the Daughters excluded. But the Granter having a Son at the time, who was to succeed him, and might have Children, who whither Male or Female, would have excluded his own Daughters, being the Representatives of the eldest Son; therefore he requires in general, all whoever should succeed him, to fulfil the Provisions to his saids Daughters.  
This being Debate before the Committee for private Affairs, it was their Opinion, that the Protest for remeid of Law at Till coultries Instance against the Co-heirs of Carnock, be Rejected, and the Sentence of the Lords of Session do stand in Force.  
And now having gone through the Reasons of Tillicoultries Appeal, it remains to give some satisfaction to the Amusements that he hath insert in his Information. And first, whereas it was pretended, that this Tailzie was designed for preservation of the Memory of Sir Thomas Nicolson, which was indeed very worthy, and deserved to be represented; and that the minute being to be extended at the fight of men of Law, no Lawyer would have Advised to extend it in any other Terms, than of a Tailzie to the Heirs-male. It is Answered, that if the design had been to continue, Sir Thomas his Memory it has been very ill laid; for the Lord Napier who was Sir Thomas Heir-male, lay under no Restraint not to change his Name, and smother the Remembrance of his Family: and Tillicoultries Affairs give no Prospect that it can continue in the Name of Nicolson. And as to the Pretence, that a Lawyer would have extended the minute in the Terms of a Tailxie to the Heirs-male. It is answered, it is likely enough indeed, that Tillicoultries Lawyers would now extend it so: but no Lawyer knowing the Provision of the Original Infeftments, could upon any Pretence of this 〈◇〉 have framed a Tailzie; for it is observable, that in the whole Contract there is not an Obligement to provide, or resign in favours of the Heirs-male indefinitely; and therefore no body could have extended such an Obligement in their favours, without an extraordinary Byase. 2. Whereas it is pretended, that the Decreet of Session was carried by a casting Vote, and the best part of the Lawyers were against it; and therefore ought to have the less weight. It is answered, That this Alledgiance is equally false and Irrelevant, and therefore deserves very little Consideration; for the Business was not decided by a narrow Plurality; and if it had been a single Vote as is pretended; yet is a Decreet of Session, and ought to be of great Force, unless the same were found unjust, which it cannot for the Reasons foresaid.  
In Respect whereof, the Decreet of the Lords of Session in favours of the Heirs of Line, ought to be sustained, and the Heir-male condemned in large Expenses, for Appealing from the Sentence of the saids Lords without Ground.   

copy Contract matrimonial, betwixt Sir Thomas Nicolson, and Lady Margaret Livingstoun.  
AN Minute of an Contract Matrimonial, to be extended betwixt the Honourable parties following, To wit, Sir Tho: Nicolson of Carnock Knight, with advice & consent of Dam Issobel Henderson Lady Carnock his Mother & his 〈◇〉 Curators, under Subscriving on the one part, and Lady Margaret Livinstoun, second Lawful Daughter to an Noble and Potent Earl, Alexander Earl of Linlithgow, Lord Livinstoun and calendar, &c. With advice and content of the said Noble Earl. James Earl of calendar, Lord Livingstoun of Almond, and Falkirk her Uncle, and of an Noble Lord, George Lord Livingstoun her Brother, and they for themselves and their own interests following; and the saids Noble Earl Allexander, Earl of Linlithgow, and George Lord Livingstoun his Son, taking the burden upon them for her, as Tutors, Guiders, and Administrators to her by the Law on the other part in manner after specified; That is to say, the saids Sir Thomas and Lady Margaret, with consent above mentioned, has accepted, and be their presents, accepts either of them, others to be their Lawful Spouses, and Faithfully promises and oblidges them to Solemnize the said Bond of Matrimony betwixt them in face of Holy Kirk betwixt the date Heir of 〈◇〉 day of 〈◇〉 next to come, or sooner if both parties shall think expedient, in respect of the whilk Marriage, and of the sum of Money after mentioned, to be payed in name of Tochat good; The said Sir Thomas, with advice and consent of his said Mother and Curators above name, binds and oblidges him, his Heirs and Successors with all possible diligence before the Solemnization of the said Marriage to infest and cease the said Lady Margaret his promised Spouse in her Virginity in Lifrent, during all the 〈…〉 of Plain, with manner, place, Houses biggings, yards, Orchyeards, Woods Fishings, Coals, Coal-heughs, lime, lime ston, parts, pendickles, and pertinents thereof whatsomever, lying within the Sherriffdom of Stirling; And that by his Two several Charters, containing preceipt of Seasin thereintil, and thereof, Bearing the holding to be of the said Sir Thomas his Heirs Male, and successors in Fee, Blench Ferar for payment of an pennies 〈◇〉 money at Whitesunday yearly, upon the ground of the saids lands in name or Blench Ferra, if the samen be is required. And the other of the saids Charters, Bear and the Holding to be free, The said Sir Thomas and his foresaids of his immediate superiors of the saids Louds, si●… like, and als freely in all respects as he holds the samen himself, and that either by resignation of Confirmation, as best shall please the said Lady Margaret and the saids Father, Uncle, and Brother, and for that effect to make particular Charters and procuratories of Resignation as oft, and whensoever he shall be desired thereto, & whille Infeftment of the Lands and others above written, to be made and granted to the said Lady Margaret in manner above contained, She with consent above mentioned accepts in Contentation to her of all other Conjunct fie Liferent terce Right whatsomever, whilk she may ask or crave or may fall to her of any other of the said Sir Thomas his Lands be decease, if it shall happen her to survive him with sufficient clause of Warrandice to be contained in the saids Charters. Likeas the said Sir Thomas be the Tenor hereof with consent of his Mother and Curators abovenamed, now as if the saids Charters and Infeftments were already past and perfected; and then as now binds & obleidges him his Heirs Male of Tailzie and provision, Assigneys and Successors, to warrant all and hail the saids lands and Barronties of plain parts pendicles and Pertinents thereof foresaid Lynud as said is, to be safe & sure to the said lady Margaret his promised Spouse in Liferent, during all the dayes of her life-time from all perils Dangers, and inconveniencies may fall thereto at al hands, and against all deadly, and that the said Lady Margaret shall immediately after his decease enter to the peaceable Possession of the saids Lands and pertinents thereof, uplifting of the Males and Duties of the samen, setting, using and Disponing thereupon as she shall think good, during her life-time, and that notwithstanding of the said Sir Thomas his Death within a year after the said Marriage, and of any Law or Statute made or to be made in the contrair, and wherewith he with consent of his said Mother and Curators above name has Dispensed, and be their presents Dispenses for ever, providing the said Lady Margaret be comptable, and pay to his Heirs Male what the saids Lands shall pay, and be of more worth nor 4000 marks Money, and siklike, with consent foresaid, to build upon the ground of the saids Lands to the said lady Margaret, at the sight of the saids Father, Uncle, or Brother, an sufficient dwelling House for her to remain in, agreeable to one of her quality and degree, and in like manner, the said Sir Thomas, with consent above mentioned, binds and oblidges him and his foresaids, That the Heirs Male to be procreat betwixt him and his said promised Spouse shall not only succeed to the hail Lands, baronies, Heritages and sums of Money, whilk he presently has pertaining to him, but also to all and whatsomever he shall happen to conquess in the said lady Margaret her life-time, in respect whereof, and for the better provision of the Heirs famale, that shall happen to be procreat betwixt him and his said future Spouse failzing of Heirs Male procreat betwixt them, And the said Sir Thomas with consent above written, Binds & oblidges him his Heirs Male & successors whatsomever thankfully to pay and deliver to the saids Heirs Famale if there be any, the sum of 〈◇〉 If their be two toeither of them the sum of 〈◇〉 and if their be three more, the sum of 〈◇〉 To be divided amongst them in manner following; That is to say, to the eldest the sum of 〈◇〉 And the rest thereof to be equally divided amongst the rest of the saids Daughters or Heirs Famale, and that how soon, as it shall happen the saids Heirs Famale to come to the age of 〈◇〉 years complete, during the whilk time the said 〈…〉 his Heirs Male and Assigneys whatsomever shall be bound and obliged to entertain the saids Heir female in Bed, Board, Abulziement and other things necessary according to their Estrte and quality at the sight foresaid, for the whilk causes the said noble Earl Alexander Earl of Linlithgow and with advice and consent of the said Noble Earl James Earl of calendar his Brother, and George Lord Livingstoun his Son, binds and obleidges him, his Heirs, Executors and Assigneys thankfully to content, pay and deliver to the said Sir Thomas his Heirs and Assigneys in name of Tochar-Good, with his said Daughter the sum of 〈◇〉 betwixt the date hereof, and the feast and Term of 〈◇〉 in the Year of GOD 16 〈◇〉 years but longer delay, together with the sum of 〈◇〉 〈◇〉 expenses in case of failzie; Finally both parties are content, and consents that this present minute be extended in ample form be advice of Men of Judgement, betwixt the date hereof, and the 〈◇〉 day of 〈◇〉 next to come, and after the extension thereof, both the saids Parties binds and obliges their Heirs and Successors to subscrive the same estably & lovingly, & the party failzied obliges him & is foresaids, to pay to the party observer and repair the sum of 〈◇〉 money above written for not performing of the● promises. And for the more 〈◇〉 both the 〈…〉 minute; with the Contract to be extended hereupon be insert and Registrat in the Books of Counsel and Session: and a Decreet of the Lords thereof interponed thereto with Letters of Horning on six days, and all other Executorials and Letters necessar in form as effeits may pass thereupon, and to that effect constitutes 〈◇〉 their Procurators, In Witness whereof( written be Robert Main Servitor to Mr. Andrew Ker Sherriff and Town Clerk of Linlithgow) Both the saids Parties have subscrived thit Presents at Linlithgow & 〈◇〉 the twenty two & 〈◇〉 dayes of August, and 〈◇〉 the year of GOD One thousand six hundred and forty eight, years; Before their Witnesses James Lord Ochiltree William Drummond of Rickartoun, Mr. George Dundass of Maner, and George Bell Provost of Linlithgow, Robert Stewars Burgess thereof, and the said Mr. Andrew Ker Witnesses to the saids Sir Thomas Lady Margaret, Earl of Linlithgow, and his Ladies Subscriptions.   

Double Bond of Provision, Sir Thomas Nicolson to his Daughters.  
BE it kend to all Men, be thit present Letters, Me Sir Thomas Nicolson of Carnock Knight, For as meikle as, Helenor, Isobel, Anna, and Margaret Nicolsons, my Lawful Daughters, are not provided to a Competance of Means, whereby they may( at their mature Age) have marriage, or otherways live in a Rank and Condition, according to their Birth; And seeing I am bound by the Law of GOD and Nature, to provide them according to my Ability and Estate. Therefore Wit ye me to be bound and ablidged, Likeas, I be the Tenor hereof, Bind and Oblidges me, my Heirs executors and Successors to me, in my Lands and Heritages wha●somever, to pay and deliver to my saids Daughters, the sums of Money after specified, in manner at the times, and with the Provisions aftermentioned, every one of them their own parts, as is after divided. To wit, To the said Helenor, the sum of twelve thousand marks Scots Money, To the said Isobel, the sum of ten thousand marks, To the said Anna, the sum of eight thousand marks, and to the said Margaret, the sum of six thousand marks, Money foresaid, and that immediately at their Age of Fifteen years complete, or if it shall happen them to mary before that time, I Declare and Ordain the foresaids Provisions to be payed to them immediately after their Lawful marriage, with the Provision and Condition always, that in case it shall happen any of my saids Daughters to depart this mortal Life before their marriage, or within year and day after their marriage. In that Case, their Provision above specified, is and shall be declaed voided and null, and as if this present Bond had not been granted to the Daughter deceased, and that Thomas Nicolson my eldest Lawful Son, or any other my Heirs and Successors, shall not be bound and obliged for the same, But that the foresaids Provisions of the Daughter or Daughters deceased, shall remain and abide with my said Son, or any other who shall succeed to me. And sicklike, That it shall not be Lawful to any of my saids Daughters to assign or leave their forenamed Provisions to any person or persons, in ●ase they shall happen to decease before their marriage, under the whilk Provision and Condition this present Bond is granted, and no other ways; And if it shall happen, that the forenamed sums be not payed to my saids Daughters at the time, & in maner above; So in that case I obleidge me and my foresaids, To pay to them every one of them for their own parts, as is above expressed, the due and ordinar Annualtent of their saids Provisions, according to the Laws of this Kingdom, and that ay and while they be satisfied and payed of their several sums abovementioned, and in regard that my saids Daughters have no maintenance and aliment at present, in case it should please GOD to remove me before they attain to their Age and years above specified; Therefore I obleidge me and my foresaids, to pay to them and every one of them, or to their Tutors in their Names, the sum of two hundereth & fifty marks money foresaids yearly, frae the time of my decease, to their Age of teen years, or marriage, in manner abovementioned. And sicklike, I obleidge and require the said Thomas Nicolson my Son, or any other who shall hapen to succeed to my Estate, and as they would expect the LORDS Blessing to prosper with them, That they obtemper, keep, fulfil and perform this present Bond of Provision to my saids Daughters; as they tender and respect their welfare, and as the Children gotten of my own Body, and that my Heirs and Successors object nothing against this present Bond, notwithstanding it be done and subscrived ●n lecto egretudinis. And father, I will and declare that their presents shall be reput, holden and sustained as a sufficient Evident, and tie upon my Heirs, Notwithstanding the samen be not a delivered Evident, and found to be in my custody after my decease, and seriously recommends to the Honourable Lords of his Majesties Council and Session, and other Judges Competent, that they sustain this present Bond,( as a tie and Obleidgment upon my Heirs, in case they should object or come in the contrair hereof, And for the more Security, I am content their Presents be Registrated in the Books of Council and Session, or other Books Competent, that Letter may be direct on six dayes, and Constitutes 〈◇〉 Our Procurators, in witness whereof, I have subscrived their presents,( written be David More Sherriff Clerk of Stirling) at Carnock the twenty first of July. One thousand six hundred and sixty four years, Before their Witnesses, William Livingstoun fire of Kirkland, and the said David More. Sic Subscribitur,  
Tho: Nicolson, Wm: Livingstoun Witness, David Moir Witness.