BLAIR, EUPHAM [SSNE 8268]
Eupham Blair was the daughter of burgess skipper Alexander Blair of Dundee and Catherine Duncan. A resident of Sweden, she is recorded as having travelled back to Scotland with the intention of claiming her share of her father’s “moveable heirship” from her sister. The record does not indicate the outcome but does indicate that Eupham was in Scotland for over 2 years from late 1647-1650 attempting to resolve the dispute before appealing to the Scottish Parliament, and claims that if the situation was not resolved promptly she would return to Sweden to report the “injustice”.
K.M. Brown et. al. (eds.) "Petition of Eupham Blair concerning her process against Alexander Tyrie” in The Records of the Parliaments of Scotland to 1707. (2007-2020).
With thanks to Rebecca Hamill for alerting us to this source. The full transcript of it is below:
Unto the king's most excellent matie and the most honorable estates of parliament of the kingdome of Scotland now assembled at Perth, the humble petition of Eupham Blair, widow and stranger, resident in Sweden
That quher in the action and cause persewed before the lords of session at your petitioner's instance, one of the aires portioners served and retoured to wmquhill Alexander Blair, skipper, burges of Dundie, my father, and als one of the two executors dative decerned and confirmed to the said wmquhill Alexander Blair and to wmquhill Catharine Duncan, her mother, and wmquhill Cristine and Helen Blacks, her sisters german, at the least haveing licence of the commissars of Brechin to persew for the debts and uthers falling under executorie and als heretable proprietar of the just equall halff of the two burgall tenements of land, with the pertinents, lyand in the burgh of Dundie, as one of the two aires portioners forsaid, against Alexander Tyrie, skipper, burges of the said burgh, and Margaret Blair, his spous, touching the decerning of them to mak payment and delyverance to your petitioner as one of the aires portioners and haveing licence in manner forsaid of the mailles and dewties of the equall halff of the two burgall tenements of land, with the pertinents, quhich sometyme perteined to the said wmquhill Alexander Blair, lyand contigue together upon the north syde of the Slewkargate of the said burgh yeirlie since the decease of the said wmquhill Catharine Duncan, your petitioner's mother, lyfrentrix therof, extending yeirlie the said half to one hundreth punds money, and siclyk for delyverie to your petitioner as one of the aires portioners forsaid, the haill writtes and evidents concerning the equall halff of the forsaid two tenements and of the moveable goodes and geare intromettit with by them or pryces therof contenit in the inventar therof and usit as a pairt of the lybell brevitatis causa. Your petitioner compeiring be Mr Patrick Wedderburne, her procurator, and the said defenders compeirand bee Mr David Dunmwre, ther procurator, therefter in presence of the said lords the said parties procurators judiciallie submitted all matters questionable to the decreit to bee given and pronunced bee William Gray, sherreff clerk of Forfar, Walter Ranking and David Weymes, merchands burgesses of Dundie, arbitrators for your petitioner, and bee Robert Bultie, baillie, Mr John Dunmwre and Alexander Watsone, younger, burgesses of the said burgh, or anie two of them, the said Mr John Dunmwre beeing alwayes one for the said defenders; and, in caice of variance betuix the said arbitrators, bee Alexander Bower, deane of gild, William Duncan, thesaurer, and Robert Davidsone, younger, burgesses of the said burgh, or anie one of them as odismen and oversmen betuix your petitioner and the said defenders. Lykeas the said procurators and either of them band and obleist them in name of ws, their said clients to obtemper and fulfill quhatever the said arbitrators in ane voyce, and, incace of difference, the said Alexander Bower, William Duncan and Robert Davidsone, or anie one of them as oversmen, should determine concerning the premises, as ane act of the lords of session of the last of Februar last beareing registration against the said procurators upon sex dayes herewith produced will evidence. Lykeas the said Mr David Dunmwre, be his band and obligation of the fyifth of March last, band and obleist him to cause the said Alexander Tyrie and Margaret Blair to delyver to your petitioner, her sister, all and whatsoever her pairt of her father's moveable airship quhich wes not before delyvered, and that betuix and the first of Aprile last, quhich wes the prefixed day betuix and quhich the said judges should have pronuncit thair sentence. And siclyk the said Mr David band and obleist them to cause the said Alexander Tyrie and Margaret Blair stand and abyde to the forsaid judiciall submission, as the said band herewith produced will also testifie. And howbeit your petitioner, in pursuance of the forsaid act of the lords of session, did efter some travell conveene the said judges arbitratoris two severall tymes in the kirk of Dundie, that they might proceed in determining according to the said submission, yet the said Alexander Tyrie and his spouse compeiring before the said judges refused to adhere to the said submission or to do anie thing theranent, as will bee witnessed by the said Alexander Bower, a member of parliament, quherethrow the said judges did ryse without takeing cognition or useing anie procedure in the said matter, the said day assigned for pronunceing ther sentence alse expyred. And your petitioner having received no justice, beeing a stranger and widow, necessitated to stay in this countrie be the space of two yeires and fyve moneths, and spent upon herselff and some children she brought hither and in pursute of the said action all she hath almost, and will shortlie bee reduced to that condition as forced to begg if some redresse in her forsaid pursute bee not taken, besyde the hard condition quhich her fatherlesse children both here and in Sweden will bee brought unto, and seeing your matie and the parliament should in a speciall manner take notice of the caice of the widow, fatherlesse and strangers, and that the lords of session are not sitting because of the evill tymes, and that the said Alexander Tyrie and his spouse have not the least colour or shadow of law against your petitioner for debarring her from what shee clames from them in manner forsaid (as is not unknowen to their forsaid procurator), and that if course bee not taken for administrating justice therintill, your petitioner must needs for want of subsistence leave of to meddle furder therintill and begg home to her place of residence, quher shee will not gett abstained to make knowen that justice wes denyed her. May it therefore please your matie and the parliament to lay to heart the caice of the widow, fatherlesse and stranger and consider the premisses, and give commission to the forsaid judges, arbitrators or to the magistrats of Dundie to meet and conveene, take tryall and determine in the forsaid busines, summond the defenders for that purpose upon such certifications as they shall think fitt, and in caice of the said defenders, ther refuseall to appeare, beeing summoned or appearing to defend in the said matter, with power to the said judges or magistrats to decerne therintill according to your petitioner's clame, evidences and probation to bee produced for instructing therof, and what they shall find just, to bee done theranent, and to do everie thing necessarie for that effect, and to ordane letteres of horneing and all uther execution to passe upon their sentence and the magistrats of Dundie to bee assisting and cause the samen bee putt to execution. And farder, if need bee, to ordaine letters of horneing to bee directed against the said judges or magistrats for meeting and determining hereupon with all possible speed.
30 Decembris 1650
Our soverane lord and estaitts of parliament now presentlie conveined remitts the supplicatione within wreattin in statu quo nunc est wnto the comittee of estaittis, with pooer to thame ather to determein the same thame selffis or remit the same to any uther judge competent as they think fitt.
M[r] David Hay