Act, 27 December 1694, Edinburgh

Edinburgh the second day of May J^aj vj^c nyntie four years ante meridiem

D1694/5/4

D1694/5/4¹

Decreet

Decreet Margrat Grahame contra Robert and William Greir

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Margrat Grame spouse to Robert Greir of Mylnemark makeing mention That quher by the lawes of god and nature and by the lawes of this and all other Christian nationes husbands are oblidged to Live in peace with their wifes, And to mantaine and intertaine them in their famillies and to Cheirish them in vertue and honesty And to educat and bring up the Cheldreen procreat betwixt them Christianly and verteously as becomes their Rank and qualitie, And the sowing of Discord betwixt man and wyfe and instigating and stirring up of husbands against their wifes either by abuseing their good name refuseing of them intertainement, And specially by beatting and abuseing their persones are Crymes of ane high nature and severly punishable yet true it is that the pursuer haveing about twelue years since been maried to the said Robert Greir who being then in badd Circumstances was added assisted and supported by her relationes and they haveing lived togither for the space of seven years Comfortably It pleased God to bliss them with very prettie Cheldrein who are now Comeing to age and Capable of Learning and educatione about the space of five years since The said Robert Shakeing of all fear of god and duty to the persuer his maried wyfe By the instigation and evill advise of ² William Greir his brother German, To whom he is intirely devoted, and by whos advyse and Councill he has acted since that time against the pursuer his lawfull wife and his oun lawfull Cheldrein Which unnaturall brother being keeped in familly by her said husband doeth Impose upon her husband who is but ane Illiterat simple Landward ill bred man to divest her of all power and charge within her Oun familly, so that her husband will not allow her that mantinance which he would bestow upon a Comon Servant, nor give her any trust or charge within his familly wherby she might throw her vertue provyde her self in Cloathing quherof they are now very destitute And which her said husband will not supplie them in, So that they are necessitat to beg help from freinds and their Cheldrein are intirely neglected both as to education and mantinance, and all this throw the wicked Councill of her husbands ungratefull brother Who as is weell knowen to the Countrey and many in this place owes his life to the pursuer and her freiends, yet is his groundless malice so great against her and her poor Innocent Childrein, That by his Instigation her husband not only threatens and Minaces her But actually has beatten and strucken her at severall times and his unnaturall brother is so bold as to minace her himself, and to reproach her by the vile name of vagabound whore and Jadd and threatens to bereave the pursuer of her life and has Caused her husband serve inhibitione against her though she hath not the trust of a sixpence or sixpence worth By which she might prejudge him Wherby She and her poor Cheldrein are redacted to great miserie and extream deficulties, And Therfore necessar It is that the pursuer have ane aliement Modified by the saids Lords of privy Councill (who in such cases uses to become the patrones of Widowes Orphans and distressed wyfes) For the mantinance of her and her poor Childrein, and for ther education, And that out of the pursuers husband his estate and means to be payed by him to the pursuer yearly and termly as the saids Lords shall think fitt to appoint And the pursuers Said husband his said most Cruell Unchristian and Unnaturall brother being guilty of the Crimes forsaids Ought and should be punished be the saids Lords in his persone and goods to the terror of others to Committ and doe the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the Grounds of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fit as in the principall letters and executiones therof at more leanth is contained Which letters being upon the first day of May instant called in presence of the saids Lords And the pursuer Compeiring personally with Mr Hew Dalrymple and Mr George Alexander her advocats, And the defenders Compeiring also personally, with James Stewart ther advocat The Saids Lords of privy Councill haveing heard the Lybell and answers made therto with the advocats for both parties, They Recommended³ to a Committie of their oun number to call for both parties and endeavor to setle and aggrie them And in case of Deficultie to report to the Councill Which Committie haveing accordingly mett, and haveing Called for and heard both parties the pursuer and her husband They made their report to the Councill in the Said Matter And the saids Lords haveing this day Considered the Committies report They Decerned the said Robert Greir to grant bond to Lye in the hands of the Clerks of privy Councill That he shall not suffer nor permitt the said William Greir his brother to frequent or come to his house or familly in time comeing under the penaltie of Five hundred merks scots, In Respect the brother has been ane badd instrument and the Occasion of ill understanding betwixt the parties, And In Regaird that the wife the pursuer hath been out of her husbands familly now near thrie moneths which necessarly put her to charges Therfore The Saids Lords Decernes and Ordaines the said Robert Greir defender To make payment of the Soume of ane hundred merks scots to such Creditors as shall be given in to him in list be the said Margrat pursuer his wyfe And the saids Lords Decernes and Ordaines the said Margrat to goe home and Cohabit with her said husband And Recommends to the presbytrie of Dallry that they may Oversee their liveing queitly and Christianly as becomes And Ordaines letters of horning on fiftein dayes and other executions needfull to be direct heiron in forme as effeirs.