Att Edinburgh the Eleventh day of February Jaj vic nyntie Six yeirs
D1696/2/19
D1696/2/191
Decreet
Decreit Elizabeth Ogilvie Against Mr Patrick Reed her husband
Anent the petitione given in to The Lords of his majesties privie Cownsell be Elizabeth Ogilvie Spouse to Mr Patrick Reid sometyme preacher of the Gospell Shewing That wher the petitioner haveing by way of contract of mariadge with the said Mr Patrick assigned him in bonds and tickets to the Soume of Six thousand merks Scotts or therby and in contemplatione therof he was to provyde her to the Soume of Three Hundereth merks yeirly efter his decease But the petitioner being ane ignorant woeman and haveing imployed no bodie for her to Sie to her Securitie But trwsted all to the Said Maister Patrick himself altho he walked very wnansuerablie to the said trust (for the petitioner is informed that he hes only provided her to Two Hundereth merks) nor would he allow her to bring any body with her But did Lead her hand himself wher the petitioner Subscribed the Samen as can be proven by the wittnesses insert therin when the Same is produced And which contract of mariadge he hes ever Since kept in his custodie without giveing the petitioner and double therof or Suffering her to Sie the Same soe that the petitioner is intirely ignorant of what is contained therin And he hes therby become maister of all her meanes and hes Secured the Same to himself and his Sone in the first mariadge And hes not only rendered the petitioner miserable dureing the mariadge but herto by omitting those conjugall dueties incumbent in ane duetifull and Loveing husband to ane wife Such as bed board cloathing and other necessaries Suteable to the petitioners qwalitie and the meanes disponed to him as said is contrair to the Lawes both of God and man and these Dueties which he was obleidged to by the said mariadge But hes also rendered the petitioner much more miserable for the future in caice She Shall happen to Survive him Haveing nothing to expect through his decease by the comwnion of the goods betuixt them And wherof a great pairt propperly belonged to herself And She haveing ane good right therto by Law efter the dissolutione of the mariadge the Samen being altogither unbasled and sent away to his said sone who Lives in Galloway And that from a most Simstruous designe to force the petitioner to follow him to Such ane remote place of purpose to distroy her altogither And which She humbly conceaves The Saids Lords of privie Counsell will never obleidge her to doe for the reasons following primo the said Mr Patrick hes Lived very wnchristeanly and behaved most barbarousely to the petitioner ever since She was maried to him And it is very well knowen to all the neighboures that hes Lived besyde ws for these Six or Seven yeirs past That tho the said Mr Patrick was all wayes in towne yet he was never in wse to eate ane meale of meate at his own house once in ane qwartor of a yeir And al that he allowed to the petitioner and ane servant woeman to Subsist upon was ane peck of meall in the week and halfe ane pennie a day so that if the petitioner had not bein obleidged to her christean and chariteable freinds who well knew her circumstances She had bein Starved to death Long or this tyme Secundo the petitioner can make it appear that he hes freqwently offered to Strick her behind the Lwgg with ane hammer and so to be qwite of her And that he hes also frequently declaired that he had no more Love and affection for her nor he had for ane Stone so that the petitioner hopes The Saids Lords will Judge it very hard to obleidge her to Stay with ane man that hes expresst himself so concerning her Tertio it is instantly proven by ane instrument produced with the said petitione that upon the threttein day of May Last he did most wnhwmainly and wnchristeanely and without any Just cause or occasione whatsomever thrust the petitioner out of his duelling house and the better to keepe her from returning therto againe cawsed alter both Lock and key of the Door therof Refwseing to give her owt Soe much as her ordinary weareing cloathes And the petitioner his never Since had So much as one Sixpense from him so that by this his wnchristeane deportment the petitioner is redacted to very great miserie and povertie And She is no longer able to Subsist without the saids Lords of privie Counsell provide Some Speedie remedie And therfor humbly craveing that the saids Lords would take the premisses sereowsely to ther consideratione And in respect therof to modifie ane competent allowance to be payed to the petitioner by the said Mr Patrick out of her own meanes And that yeirly by way of aliment for her better subsistance in tyme comeing Conforme to the Saids Lords ther daylie practice in the lyke caises And Likewaeyes to ordaine him to produce the foirsaid contract of mariadge in the clerks hands to the effect the same may be registrat And the petitioner may have ane extract therof And to authorize any freind the petitioner shall nominat at whose instance executione may pass both for payment of the said yeirly aliment And for implementing of his obleisements contained in the said contract As the said petitione at more length bears which being upon the twentie Sixth of november Last bypast red in presence of the saids Lords they allowed the said Mr Patrick Reid to Sie and ansuer the Same And by ther interloquitor of the Second of Janwary Last bypast recomended to a comittie of ther own number to consider the petitione and ansuers made therto for the said Mr Patrick and to endeavoure to Setle and agrie pairties And the comittie Haveing mett and called for and heard both pairties And not being able to Setle and agrie them made ther report to the Counsell that the petitioner alleadges her husband hes beatt her and putt her out of his familie severall tymes and craved a dilligence for proveing the alleadgeance and citeing the wittnesses And the Saids Lords haveing upon the seventh day of Janwary instant considered the foirsaid report they allowed ther clerk to give out Letters of dilligence to the petitioner for proveing the points of her petitione and ordained the said Mr Patrick Reid her husband to produce The contract of mariadge past betuixt him and her into the hands of ther clerk of Counsell conforme wherinto the petitioner did take owt Letters of dilligence And therupon cited Severall wittnesses who haveing all compeared upon the Sixtein day of Janwary Last bypast and haveing made faith at the barr The Councell appointed a comittie of ther own number to examine the saids wittnesses Reserveing all objectiones which might be made against them to be proponed and discust by the Comittie And the said comittie haveing mett they called befor the diverse and Sundrie famows wittnesses who being all Solemnly Sworne and examined Deponed and declaired as ther oathes extant in process beares And the saids Lords of his majesties privie Counsell haveing this day considered the depositiones of the wittnesses adduced for the petitioner with the contract of Mariadge betuixt the petitioner and her husband Togither with ane other petitione given in by the petitioner They heirby modifie to the petitioner the aliment following viz the rents and Dueties of the thrie pennie Land of Clack with the pertinents Lying in the paroch of Evie and Stewartie of Orkney wodsett to the Said Elizabeth Ogilvie for the Soume of Eight Hundereth merks wherupon the Same is redeimeable And the annualrent of the principall Sowme of Ane Thousand and fiftie pwnds Scotts resting be Samwell Forbes of Foverane to the said Elizabeth Ogilvie her said husbadn Comenceing the said aliment from the terme of Mertimes Last bypast And decernes ane aqwavita Polland Caldrone which pertained to the said Elizabeth and is now in the custodie of her said husband to pertaine and belong to the said Elizabeth And decernes and ordaines the tenents and possessors of the said thrie pennie Land of Clack with the pertinents to make payment to her of the maills and Dweties of the Same And in caice the Same be redeuned Decerns and ordaines the persones to whom the said Soume of Eight Hundereth merks Shall be payed to make payment to her of the annualrent of the said Eight Hundereth merks yeirlie comenceing from the said terme of Mertimes Last And Decernes and ordaines the Said Samwell Forbes of Foveraine To make payment to the said Elizabeth of the aboverent of the said soume of Ane Thousand and fiftie punds Scots Comenceing as said is And decernes and ordaines the said Mr Patrick Reid or Robert Wisehart at the Craige well to whom he hes sett the said aqwavita pott and Caldron to exhibite and deliver the said pott and Caldron to the said Elizabeth Ogilvie to be sett owt and made wse of by her for her aliment And ordaines Letters of horneing and others needfull to be direct heirin on fiftein dayes warening in forme as effeirs
1. NRS, PC2/26, 124r-127v.
1. NRS, PC2/26, 124r-127v.