Procedure, 19 December 1704, Edinburgh

Edinburgh the 7th November 1704

D1704/11/7

D1704/11/7¹

Act

Act in favours of Barbara Cockburn Spouse to Saint Mairtins for citeing her Husband

Anent the petition given in and presented to the Lords of her Majesties privie Councill by Barbara Cockburn spouse to the Laird of St Martines Shewing that wher she was married to James Dallas of St Martines upon the […] day of […] who very shortly after their marriage began to treat her with extream rigour and unkindness, which nevertheless she supported with all Dutifull Submission and patience, and would had continowed to the last moment of her life to doe soe if her said husband his Inclemency and hard usadge had not brock out so openly and in ane instance which did visibly threaten her life and in such ane manner as excluded all hopes of living in any peace or safty with him heirafter She did therfore now humbly represent her Distrest Condition in the following Circumstances, and primo albeit her husband was so cautious as to avoid these things openly which might affoord a legall ground of Seperation yet she was not able to express the bitterness she mett with in secret and which she can no otherwayes prove than by adducing the servants in the house and these in the neighbourhood to witnes the mournings which had been heard in the roume wher she was shut up with her husband, and that she had been heard to walk bare footed diverse nights in that mourning Condition, Secundo after a tract of Severties and when she came to be delyvered of her Child she offered to prove by the neighbourhood and servants in her familie that she continowed to Cry out in Labour from ten at night to seven the nixt Morning without having any help or assistance called, and then when a Midwife was sent for who was accidentally out of the way and could not attend herselfe, she sent ane other Skilled woman to assist her, yet that woman was not suffered to give her any help, and unless it had been from the help she received in her uttermost Extremitie from ane other her Mother sent for she most had then perished with her Child, Tertio when he husband was quarrelled for so great Crueltie He made frivolous and unsatisfactorie pretences implieing that the treatment had been studied, and to compleat all, wished that he had power to bring fire from Heaven to consume her and her friends, Quarto after so dangerous and hard usadge She was depryved of the pleasure of seeing her infant, which was carryed out of the house some dayes after it was born without so much as ever letting her see it or telling her whither it was Convoyed, Quinto by these hard useadges she was brought to the Danger of her life, which She offered to prove, ther are many other important Circumstances which no doubt will concurr to satisfie their Lordships of the necessity of seperation and which she is ready also to prove, but these she only mentioned in generall out of the Decent respect which she had to her Husband and most humbly beseech their Lordships to believe that nothing could have made her expose her misfortune and affliction in a Complaint of this nature but a settled beliefe deryved from the sad experience she had of her Husbands utter aversion to her, and that if any opposition be made by her in a Seperation it is not out of affection and will inevitably end in her Ruine, and therfore Creaving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition Given in to them by Barbara Cockburn spouse to St Mertines, and the samen being read in their presence the saids Lords Doe heirby grant Warrand to Macers of privie Councill or Messengers at arms to Cite the said James Dallas of St Martines the petitioners husband to Compeir before the saids Lords upon the fourteenth day of November instant to hear and see the Circumstances particularly and generally Contained in the above petition proven and for that effect Grants warrand to the saids Macers or Messingers to Cite such witness as the petitioner shall Condescend one for proving the matter Contained in the forsaid above petition to appear before the saids Lords day and place forsaid, and bear leill and Suithfast witnessing in suae far as they know or shall be speared at them in the forsaid matter.