Decreet, 11 October 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/101

Decreet

Certificatione Ker contra Hoods

Anent the letter or Lybell raised and pursued before the Lords of their majesties privy Councill at the instance of Margrat Ker lawfull daughter to the deceast John Ker of Lochtour now spouse to John Hood sometime in Mersingtoune Makeing Mention That albeit by the Law of God, of nature and of nationes and particularly by the lawes and acts of parliament and dayly practise of this kingdome all husbands are bound Cherish mantaine and intertaine their wyfes in familly with themselves and to Co-habit in peace Love and amity with their saids wifes and to protect them from all injuries and provyde them in all things necessary and Comfortable to them, yet true it is that the said pursuer being in the year Jaj vjc nyntie maried to the said John Hood her present husband, after she hade been maried to two former husbands viz to Richard Lermounth of Whitlawhouse her first husband by whom she was provyded to and infeft in ane Lyfrent of six hundred merks scots furth of the lands of Whytlaw house and therafter to George Tully in Houndstounehaugh in the Countey of Northumberland in England her second husband By whom she was provyded in ane lyfrent of the lands of Houdonstoun haugh extending to ten punds sterling yearly and the pursuers said present husband haveing Continued to Co habit with 2 her some space untill the elicite from her a right to and gett himself waltered into the possession of her saids lyfrents he quickly therafter without any Just Cause or pretence most inhumanly and unnaturally did desert and forsaike the pursuer and his familly wandering up and doune from place to place without any setled residence or avade having most fraudelently before his desertione or forsaiking of her made ane unjust Conveyance of any right that he hade be vertue of his jus mariti to her former Joyntures To and in favor of Thomas Hood his sone, By which means and by the pursuers said husband and his sone their takeing from her a bond of six hundred merks granted by her brother to her and four rex dollers which her brother gave her in Charity she is redacted to sadd straits and deficulties and 3 instead of being provyded Comforted and Cherished by her siad husband she is robbed and spulzied and left in a desolate and sterving Conditione by his un naturall actings against her and will undoubtedly perish in want and miserie without the saids Lords of their majesties privy Councill provyde remeed therto, And it being both Just and reasonable That the pursuer should be supplied out of her former Joyntures seing her present husband is not able otherwayes to supply her and not that the samen should be waisted and spulzied by her husband who has no intrest therin But throw the pursuer And for this end that the saids Lords would ordaine the said six hundred merks For which the pursuer stands infeft in the saids lands of Whytlawhouse yearly to be payed to her for her aliement by the tennents and possessors therof dureing all the dayes of her lifetime and that termly at two termes in the year Whitsunday and mertimiss be equall portions Commenceing the first termes payment frae Whitsunday last as for the term preceiding at least she should be provyded which a Competent aliement out of her husbands estaite or her oune former Joyntures as the saids Lords of privy Councill shall find Just And Anent the Charge given to the said John and Thomas Hoods defenders To have Compeired personally before the saids Lords of their majesties privy Councill at ane Certaine day bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen ane Competent aliement modified to the said pursuer And such other order and Course taken theranent as the saids Lords should think fitt as in the forsaid lybell and executiones therof at more length is Contained Which lybell being this day4 Called in presence of the saids Lords of their majesties privy Councill, And the pursuer Compeiring personally with Mr Robert Bennet her advocat And the defenders being Lawfullie Cited Called and not Compeiring The saids Lord Grants Certificatione against the defenders In Respect of their absence and not Compeirance And Ordaines letters of denunciatione to be direct to macers or messengers at armes Comanding them to pass to the marcat Cross of […] and other places needfull and ther in their Majesties names and authoritie to duely Lawfullie and Orderly Denunce the said John and Thomas Hoods their Majesties rebells and put them to ther highnes horne escheat and inbring all their moveable goods and geir to their Majesties use for their Contempt and Disobedience.

Edinburgh the Eleventh october Jaj vjc nyntie four years

D1694/10/101

Decreet

Certificatione Ker contra Hoods

Anent the letter or Lybell raised and pursued before the Lords of their majesties privy Councill at the instance of Margrat Ker lawfull daughter to the deceast John Ker of Lochtour now spouse to John Hood sometime in Mersingtoune Makeing Mention That albeit by the Law of God, of nature and of nationes and particularly by the lawes and acts of parliament and dayly practise of this kingdome all husbands are bound Cherish mantaine and intertaine their wyfes in familly with themselves and to Co-habit in peace Love and amity with their saids wifes and to protect them from all injuries and provyde them in all things necessary and Comfortable to them, yet true it is that the said pursuer being in the year Jaj vjc nyntie maried to the said John Hood her present husband, after she hade been maried to two former husbands viz to Richard Lermounth of Whitlawhouse her first husband by whom she was provyded to and infeft in ane Lyfrent of six hundred merks scots furth of the lands of Whytlaw house and therafter to George Tully in Houndstounehaugh in the Countey of Northumberland in England her second husband By whom she was provyded in ane lyfrent of the lands of Houdonstoun haugh extending to ten punds sterling yearly and the pursuers said present husband haveing Continued to Co habit with 2 her some space untill the elicite from her a right to and gett himself waltered into the possession of her saids lyfrents he quickly therafter without any Just Cause or pretence most inhumanly and unnaturally did desert and forsaike the pursuer and his familly wandering up and doune from place to place without any setled residence or avade having most fraudelently before his desertione or forsaiking of her made ane unjust Conveyance of any right that he hade be vertue of his jus mariti to her former Joyntures To and in favor of Thomas Hood his sone, By which means and by the pursuers said husband and his sone their takeing from her a bond of six hundred merks granted by her brother to her and four rex dollers which her brother gave her in Charity she is redacted to sadd straits and deficulties and 3 instead of being provyded Comforted and Cherished by her siad husband she is robbed and spulzied and left in a desolate and sterving Conditione by his un naturall actings against her and will undoubtedly perish in want and miserie without the saids Lords of their majesties privy Councill provyde remeed therto, And it being both Just and reasonable That the pursuer should be supplied out of her former Joyntures seing her present husband is not able otherwayes to supply her and not that the samen should be waisted and spulzied by her husband who has no intrest therin But throw the pursuer And for this end that the saids Lords would ordaine the said six hundred merks For which the pursuer stands infeft in the saids lands of Whytlawhouse yearly to be payed to her for her aliement by the tennents and possessors therof dureing all the dayes of her lifetime and that termly at two termes in the year Whitsunday and mertimiss be equall portions Commenceing the first termes payment frae Whitsunday last as for the term preceiding at least she should be provyded which a Competent aliement out of her husbands estaite or her oune former Joyntures as the saids Lords of privy Councill shall find Just And Anent the Charge given to the said John and Thomas Hoods defenders To have Compeired personally before the saids Lords of their majesties privy Councill at ane Certaine day bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen ane Competent aliement modified to the said pursuer And such other order and Course taken theranent as the saids Lords should think fitt as in the forsaid lybell and executiones therof at more length is Contained Which lybell being this day4 Called in presence of the saids Lords of their majesties privy Councill, And the pursuer Compeiring personally with Mr Robert Bennet her advocat And the defenders being Lawfullie Cited Called and not Compeiring The saids Lord Grants Certificatione against the defenders In Respect of their absence and not Compeirance And Ordaines letters of denunciatione to be direct to macers or messengers at armes Comanding them to pass to the marcat Cross of […] and other places needfull and ther in their Majesties names and authoritie to duely Lawfullie and Orderly Denunce the said John and Thomas Hoods their Majesties rebells and put them to ther highnes horne escheat and inbring all their moveable goods and geir to their Majesties use for their Contempt and Disobedience.

1. NRS, PC2/25, 68r-69v.

2. The words ‘the profesione of her said lyfrents’ scored out here.

3. The word ‘beside’ scored out here.

4. The words ‘this day’ are an insertion.

1. NRS, PC2/25, 68r-69v.

2. The words ‘the profesione of her said lyfrents’ scored out here.

3. The word ‘beside’ scored out here.

4. The words ‘this day’ are an insertion.