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 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 , it s 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 .