Att Edinburgh the Seventh of Jullie Jaj vic nyntie Six yeirs
D1696/7/11
D1696/7/111
Act
Act Margaret Seaton Alias Mrs Callender
Anent the petitione given in to the Lords of his majesties privy Cownsell be Margaret Seatone Spouse to Edward Callender Sone to Edward Callender merchand in Loudone Shewing that the petitioner being in anno Jaj vic and nyntie thrie maried to the said Edward Callender in the Kingdome of England And haveing efterwards come for Scottland wher they resided and cohabited togither for the Space of Eight moneths and upwards treateing one another in all conjugall Dweties as became maried persones Efter which he the said Edward her husband pretending bwssienes abroad in anno Jaj vic nyntie four went out of the kingdome wher he hes ever Since remained And by the said converse and cohabitatione the petitioner haveing fallen with child And being then obleidged of new to provide herself with goods and merchandize for her chopp She went to London for that end wher She was delivered of a girle who was ther baptized and named Elizabeth as appeares by ane testificat produced And the Supplicant haveing efter her recoverie returned for Scottland wher She expected the returne of her husband And to have upon her own credit as formerly followed her imployment as a merchand And altho the petitioner was indwced from her father in Law to expect the Same haveing his countenance and being Lodged with her in her house in Edinburgh yet Such hes bein the method wsed against her that by the influence and advice of her father in Law the said Edward her husband hes bein hitherto kept from her And albeit She hes not only given him severall invitationes home by Letters and otherwayes And alsoe gone abroad herself to Holland in anno Jaj vic nyntie five to have intreated his returne or atleast to have procured a factorie from him for manadgeing of her affairs and prosecuteing of her trade in Scottland yet all these means have proven ineffectwall And the factorie was most wnreasonablie Denyed her and her husband absolutely refwsed and Declyned to returne And now haveing returned for Scottland and attempted the receaveing and recoverie of her owtstanding Debts by perswte at Law and otherwayes for preserveing and paying her credit She is Stopt from haveing access to persew for or uplift the Samen without the said factorie By all which She is now necessitat to comence a proces of adherence befor the Commissioners of Edinburgh against her said husband as appears by the lybell prodwced And Seing that it will requyre Some tyme befor that process can come to ane conclwsione or take any effect And that in the mean while the saids debts readie to be payed may intirely perish and the debitors turne insolvent By which means her credit and trade which She hes hitherto followed with her own meanes without the Least assistance from her husband (2and which She is desyreous to preserve will be whollie dissolved and distroyed And that ther Lordships3 Can onlie provide a remedie in Swch a caise And therfor humbly craveing ther Lordships in respect of what is above represented to impower warrand and allow the petitioner to persew for and uplift her owtstanding debts in her own name And to follow her trade as formerly for the Subsistance of herself and familie and the mentainance of her4 child Notwithstanding of the said power or factorie from her husband and Soe to continue untill the event of the said process And that the same be declared to be ane Sufficient exoneratione to the saids Debitors for the reasones above represented As the said petitione bears Which petitione being upon the eightein of Jwny Last read in presence of the saids Lords of privie Counsell they appointed the said petitioner to condescend upon a Sufficient persone to be factor for uplifting the debts Due to her and paying the debts Dwe by her And the saids Lords declaired that the factor inacting himself that he will hold compt for what he Shall receave to Such as Shall be found to have best right that they would authorize him and appoint ane aliment to be payed by him to the petitioners And the said petitioner haveing condescended upon Andrews Tewchlar ane of the clerks of the Affrican company to be her factor And the saids Lords of privie Counsell haveing this Day againe considered the foirsaid petitione they heirby nominat and appoint the said Andrew Tewchlar to be factor for persewing for and uplifting any Debts Due to the petitioner and for paying any debts dwe by her And modifies the Soume of Six Hundereth merks of aliment to be payed by the said Andrew Tewchlar yeirly for her mentainance of herself child and familie And allowes and impowers the said Andreas Tewchlar to fwrnish the petitioners chop with fresh goods as occasione Shall offer to5 him from tyme to tyme And ordaines the Said Andreas Tewchlar to make payment to the said petitioner of the said aliment of Six Hundereth merks money foirsaid yeirlie Comenceing the said aliment frae the terme of whittsonday Last bypast as for the terme preceeding And so furth yeirly and termly at the termes of Mertimes and whittsonday by equall termes in tyme comeing and ordains Letters of horning upon fiftein Dayes and others needfull under the Signet of Counsell to be direct heiron in forme as effeirs And in6 respect7 the factor hes inacted8 himself that he Shall hold compt for what he Shall receave to Such as Shall be fownd to have best right
1. NRS, PC2/26, 227r-228v.
2. Closing bracket missing
3. An illegible word scored out here.
4. The word ‘husband’ scored out here.
5. Insertion.
6. The word ‘appoints’ scored out here.
7. Insertion.
8. The words ‘hes inacted’ have been written over earlier words ‘to inact’.
1. NRS, PC2/26, 227r-228v.
2. Closing bracket missing
3. An illegible word scored out here.
4. The word ‘husband’ scored out here.
5. Insertion.
6. The word ‘appoints’ scored out here.
7. Insertion.
8. The words ‘hes inacted’ have been written over earlier words ‘to inact’.