Decreet, 20 February 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the tuentie day of February Jaj vjc nyntie four years

D1694/2/271

Decreet

Decreet Howat Against Howat her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Elizabeth Howat spous to James Howat in Edinburgh Upon a petition mentioneing That quher the petitioner being married to her said husband at London as is notourly knowen as has been made appear to severall of the saids Lords number by the Certificats under the hands of the Lord Mayor and others the Citizens of the City of London Confirmeing the samen, And Which Certificats are therwith produced And the petitioners husband haveing about five or six weeks after his mariadge received letters from his mother to come for Scotland, He after severall intreaties to that effect Importuneing the petitioner to Consent therto upon the promisses of his speedy returne the petitioner gave her Consent But the petitioner understanding (after his so long stay) The he was not like to returne And being oppressed with greeff for his so long absence, Resolved to come to Scotland not doubting of a kynd reception both from her husband and his relationes, But the treuth is when the petitioner hade come to Edinburgh she was informed that her husband was not in toune and after a Considerable times stay the petitioner took occasione to goe and visit her husbands brother And in time she was ther her husband came accidentally in And Declared in audience of severall persones that the petitioner was his lawfull maried wyfe and stayed with her all that night, Which the petitioner can make appear, And one the morrow he took the petitioner doune to his Chamber in the Cannogate And after a little stay and many flattering speeches offered her a paper to Subscrive Which the petitioner haveing purused absolutely refused his unreasonable and unnaturall demands in it, It being to abjure her mariadge with him, And upon the petitioners refusall, He fell out in most execrable oathes drew his sword and threatned to kill the petitioner But she (by the mercy of God) Escapeing fled to Mr George Meldrum for shelter and advice he Councelled her to retire to her oun Chamber Which she did, And the petitioners husband (by the instigatione of his mother as is generally reported and which the petitioner has reasone to beleive) Growing still worss and worss has most unnaturally slighted and maliciously reproached the petitioner, And threatens to kill her and all them that owns her deplorable though Just quarrell, as also her threatned that if the petitioner Condescended not to subscrive the forsaid paper Tha he would being in thrie Ruffians (who for a shilling a peice) would swear what ever he proposed to them, Lykeas the petitioner has a Considerable soume resting her in England, Which was left her by her parents, And the persone in whose hand it is Refuses to give it or any share therof to the petitioner In respect she is Cloathed with a husband, so that the petitioner on all hands is made destitute of all maner of subsistance By all which it is evident to the saids Lords how un Christianly and inhumanely the petitioner is treated by her husband and his mother And Therfore Craveing that the saids Lords would take the petitioners case into their Consideration And for the reasones and grounds above represented and according to the principalls of Law, And the saids Lords dayly pracitque in the like cases modifie to the petitioner such ane Competent aliement out of her husbands fortune and estate as the saids Lords shall think fitt be the said petition bears, The Lords of their majesties privy Councill haveing Considered above petition They ordained the above James Howat to be cited before the saids Lords And Granted Warrand to cite witnesses And Anent the Charge given to the said defender To have Compeired personally before the saids Lords To have heard and seen the premisses verified and ane aliement modified to the petitioner and that with Certificatione etc as the principall letters of Citation executiones and indorsationes therof at more leanth bears, Which letters being upon the twelth day of December last called in presence of the saids Lords of privy Councill and the said Elizabeth Howat pursuer Compeiring personally, And the said James Howat defender being lawfullie cited oft times called and not Compeiring The saids Lords Granted Certificatione against the said defender In Respect of his absence and not Compeirance, And Ordained letters of denunciatione to be direct against him, And the defender being therafter apprehended and Imprisoned be vertue of letters of Caption upon the forsaid letters of Denunciatione, And the forsaid letters of Lybell at the instance of the said pursuer being againe Called upon the threteinth day of February instant in presence of the saids Lords, And the said pursuer Compeiring personally with Sir James Ogilvie her Advocat, And the defender Compeiring alsoe personally being brought from the Tolbooth with a guard to the Councill barr, And Mr William Hoge Compeiring as his Advocat The saids Lords haveing heard both parties advocats and haveing Considered the Lybell with a petition given in for the pursuer They Admitted the Lybell to the pursuers probatione and appointed a Committie for examineing the witnesses wherof such as are present made faith at the barr, And the saids Lords of privy Councill Haveing this day Considered the forsaid Lybell And answers made therto for the defender with a testificat of the pursuers mariadge and the depositions of the witnesses adduced be her for proveing the points and articles of her Lybell They Find it sufficiently proven that the pursuer is maried to the said, James Howat, And Modifies the soume of Twentie punds sterling as one yearly aliement to the pursuer And ordaines the said James Howat to make payment to the said pursuer of the said aliement and that quarterly at four termes in the year viz Candlmiss, Whitsunday Lambes and Mertimiss be equall portions being five punds sterling for each quarter Comendeing the said aliement from mertimess last so that the first termes payment was due at Candlmiss last and from thence furth quarterly to continue dureing the liftyme of the said James Unles he take home the pursuer and live peacably with her as his maried wife, And Ordaines letters of horning one fiftein dayes and others needfull to pass hereon in forme as effeirs.

Edinburgh the tuentie day of February Jaj vjc nyntie four years

D1694/2/271

Decreet

Decreet Howat Against Howat her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Elizabeth Howat spous to James Howat in Edinburgh Upon a petition mentioneing That quher the petitioner being married to her said husband at London as is notourly knowen as has been made appear to severall of the saids Lords number by the Certificats under the hands of the Lord Mayor and others the Citizens of the City of London Confirmeing the samen, And Which Certificats are therwith produced And the petitioners husband haveing about five or six weeks after his mariadge received letters from his mother to come for Scotland, He after severall intreaties to that effect Importuneing the petitioner to Consent therto upon the promisses of his speedy returne the petitioner gave her Consent But the petitioner understanding (after his so long stay) The he was not like to returne And being oppressed with greeff for his so long absence, Resolved to come to Scotland not doubting of a kynd reception both from her husband and his relationes, But the treuth is when the petitioner hade come to Edinburgh she was informed that her husband was not in toune and after a Considerable times stay the petitioner took occasione to goe and visit her husbands brother And in time she was ther her husband came accidentally in And Declared in audience of severall persones that the petitioner was his lawfull maried wyfe and stayed with her all that night, Which the petitioner can make appear, And one the morrow he took the petitioner doune to his Chamber in the Cannogate And after a little stay and many flattering speeches offered her a paper to Subscrive Which the petitioner haveing purused absolutely refused his unreasonable and unnaturall demands in it, It being to abjure her mariadge with him, And upon the petitioners refusall, He fell out in most execrable oathes drew his sword and threatned to kill the petitioner But she (by the mercy of God) Escapeing fled to Mr George Meldrum for shelter and advice he Councelled her to retire to her oun Chamber Which she did, And the petitioners husband (by the instigatione of his mother as is generally reported and which the petitioner has reasone to beleive) Growing still worss and worss has most unnaturally slighted and maliciously reproached the petitioner, And threatens to kill her and all them that owns her deplorable though Just quarrell, as also her threatned that if the petitioner Condescended not to subscrive the forsaid paper Tha he would being in thrie Ruffians (who for a shilling a peice) would swear what ever he proposed to them, Lykeas the petitioner has a Considerable soume resting her in England, Which was left her by her parents, And the persone in whose hand it is Refuses to give it or any share therof to the petitioner In respect she is Cloathed with a husband, so that the petitioner on all hands is made destitute of all maner of subsistance By all which it is evident to the saids Lords how un Christianly and inhumanely the petitioner is treated by her husband and his mother And Therfore Craveing that the saids Lords would take the petitioners case into their Consideration And for the reasones and grounds above represented and according to the principalls of Law, And the saids Lords dayly pracitque in the like cases modifie to the petitioner such ane Competent aliement out of her husbands fortune and estate as the saids Lords shall think fitt be the said petition bears, The Lords of their majesties privy Councill haveing Considered above petition They ordained the above James Howat to be cited before the saids Lords And Granted Warrand to cite witnesses And Anent the Charge given to the said defender To have Compeired personally before the saids Lords To have heard and seen the premisses verified and ane aliement modified to the petitioner and that with Certificatione etc as the principall letters of Citation executiones and indorsationes therof at more leanth bears, Which letters being upon the twelth day of December last called in presence of the saids Lords of privy Councill and the said Elizabeth Howat pursuer Compeiring personally, And the said James Howat defender being lawfullie cited oft times called and not Compeiring The saids Lords Granted Certificatione against the said defender In Respect of his absence and not Compeirance, And Ordained letters of denunciatione to be direct against him, And the defender being therafter apprehended and Imprisoned be vertue of letters of Caption upon the forsaid letters of Denunciatione, And the forsaid letters of Lybell at the instance of the said pursuer being againe Called upon the threteinth day of February instant in presence of the saids Lords, And the said pursuer Compeiring personally with Sir James Ogilvie her Advocat, And the defender Compeiring alsoe personally being brought from the Tolbooth with a guard to the Councill barr, And Mr William Hoge Compeiring as his Advocat The saids Lords haveing heard both parties advocats and haveing Considered the Lybell with a petition given in for the pursuer They Admitted the Lybell to the pursuers probatione and appointed a Committie for examineing the witnesses wherof such as are present made faith at the barr, And the saids Lords of privy Councill Haveing this day Considered the forsaid Lybell And answers made therto for the defender with a testificat of the pursuers mariadge and the depositions of the witnesses adduced be her for proveing the points and articles of her Lybell They Find it sufficiently proven that the pursuer is maried to the said, James Howat, And Modifies the soume of Twentie punds sterling as one yearly aliement to the pursuer And ordaines the said James Howat to make payment to the said pursuer of the said aliement and that quarterly at four termes in the year viz Candlmiss, Whitsunday Lambes and Mertimiss be equall portions being five punds sterling for each quarter Comendeing the said aliement from mertimess last so that the first termes payment was due at Candlmiss last and from thence furth quarterly to continue dureing the liftyme of the said James Unles he take home the pursuer and live peacably with her as his maried wife, And Ordaines letters of horning one fiftein dayes and others needfull to pass hereon in forme as effeirs.

1. NRS, PC2/24, 341v-343r.

1. NRS, PC2/24, 341v-343r.