Warrant, 31 December 1695, Edinburgh

Edinburgh the Tenth day of January J^aj vj^c nyntie five years

D1695/1/15

D1695/1/15¹

Act

Act Jean ² Durhame³ Against John Foubster her husband

Anent a petition given in to the Lords of his Majesties privy Councill be Jean Durhame spouse to John Foubster indwaller in Edinburgh Shewing That quher the petitioner being maried to the said John Foubster about a twelue moneth agoe or therby The said John Laying aside all fear of God and Conjugall affectione he did most barbarously and unnaturally maletreat and abuse the petitioner by beating of the petitioner in a Cruell maner, so that he⁴ was necessitate at length to flee to her fathers house quher the petitioner Continued untill he being touched with some sense of his unnaturall barbarity did come and acknowledge the same and promised and protested to behave himself most dutifully in time comeing notwithstanding quherof within a few dayes therafter he did returne to his former Course of lyfe and within some few weeks after he was brought to bed he did in the petitioners fathers house beat the petitioner most Cruelly and undoubtedly would have murdered the petitioner if she hade not been rescued by the petitioners brother and others in the house which being represented and Clearly proven before the shiref of Linlithgow he was Imprisoned by the said shireff in the Tolbooth of⁵ Linlithgow, and ther after set at Libertie upon his finding Cautione for his good behavior and albeit the petitioner was desyred by her freinds never to Cohabit with him againe, yet upon his acknowledgment of the injury done to the petitioner and his seeingly sincesyre promise, yea and often that he should behave himself dutiefully with that Love and affection due to a wife the petitioner was againe induced to Cohabit with him, notwithstanding of all which within a few dayes therafter he did againe about the midle of October Last beat the petitioner most barbarously telling the petitioner that the petitioner hade not her freinds by her to assist her, and if the petitioner hade not Cryed out for help he would have Certainly murdered the petitioner with ane sword which he hade hid in the bedd for that purpose, and which being represented to the magistrats of Edinburgh they after tryall and probatione taken in the affair did Comitt him to prisone in Edinburgh wher he is yet present And seing the petitioner and her Child Cannot Cohabit with any security of her lyfe with the said John Foubster In respect of this Cruell and inhumane barbarities practised upon the petitioner and it being nottour that the said John Foubster did severall times attempt to take away the life of his father as could be proven by a bill given in to the baillies of Edinburgh therwith produced And that the petitioner and her Child hath nothing to Subsist upon and that the said John is squandering dilapidating and puting away his Means And Therfore humbly Craveing the saids Lords would take the premisses to ther Consideratione and In Regaird of the said Circumstances of the petitioner to sequestrat so much of his means and fortune which is about seven thousand merks in money (besides his heritage in Leithweynd) for ane fond of subsistance and aliement to the petitioner and her Child as the saids Lords in their Justice shall think fitt and ordaine the same to be payed by the persones debitors to him and to order the same to be secured for ane stock to the petitioner and her Chyld seing the petitioner dare not without manifast hazard of his life and Child againe adventur to Cohabit with him as the petition bears Which being read in presence of the saids Lords They allowed the said John Foubster to see and answer the same against thursday then nixt and in the mean time allowed the Clerks of Councill to give out letters of areistment for arreisting all debts soumes of money and rents belonging to the said John ay and quhill suficient Caution be found acted in the books of privy Councill that the same shall be made furth comeing to the petitioner who haveing according Got a Copie of the said petition Gave in answers therto And the said bill and answers being read in presence of the saids Lords They Remitted the same to a Comitty of ther oun number and appoynted the petitioner to addue probatione anent the deeds of violence done to her and alsoe anent the value of his estate who accordingly haveing adduced severall famous witnesses before the Comitty They deponed according to ther depositiones extant in proces And the said John Foubster himself being examined before the said Comitty upon his oath deponed Conforme to his deposition alsoe extant in proces bears And The saids Lords of his Majesties privy Councill Having this day Considered the petitiones and answers given in to them hinc inde for Jean Durhame and John Foubster her husband with the oath and deposition of the said John anent the value and Conditione of his estate and fortune They heirby modifie the soume of thrie hundred merks scots to be payed by the said John to his said spouse for aliment to herself and Chyld procreat betwixt him and her, And Ordaines the said Jon to Grant securitie to her for payment of the said aliement termly Commenceing from mertimis Last begining the first termes payment at Whitsunday nixt as for the terme preceiding and so furth termly therafter And Ordaines the said John Foubster to give bond and suficient Cautione acted in the books of privy Councill that he shall keep the peice and particularly that Alexander Durhame of Duntarvie his wife bairnes men tenents and servants shall be harmless and skaithless of the said John Foubster in ther persones and in the peacable possessione of their Lands heritages tacks stedings roomes and possessiones and on nowayes shall be troubled or molested be him theruntill nor be no others of his Causing sending hounding out Comand resett asistance or Ratihabition whom he may stopt or lett directly or indirectly frae the day and date of ther presents for that effect and in tyme comeing otherwayes then be order of Law and Justice under the penalty of one thousand merks scots money and appoints the said John to Continue prisoner untill he fulfill the said sentance of Councill and Ordaines letters of horning on six dayes under other executiones needfull to pass heiron in forme as effeirs.