Decreet, 22 February 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the twentie two day of February Jaj vjc nyntie four years

D1694/2/291

Decreet

Decreet Urquhart Against Slowan her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Margrat Urquhart spouse to Mathew Slowan sometime in Belfast in Ireland Mentioning that quher by the lawes of god and the Law of nature and the lawes and constitutiones of this and all weell governed nationes It is the duties of husbands to love and Cherrish their wives and to provyde for them and their Childrein and mantaine them according to ther qualitie and estate, and not suffer them to brought to misserie, yet true it is that about seven years agoe the pursuer was maried to the said Mathow Sloan who received with her upon the accompt of the mariadge severall Considerable soumes of money besides diverse other things such as merchant goods of a Considerable value Which if the pursuer hade been unmaried would have mantained her honastly as ane gentlwoman all her dayes, yet within a moneth after the mariadge he took such ane hatred and dislike at the pursuer (Loveing the Company of other women better then hers) That he would not suffer her to abyde in the house with him nor allow her ane residence elsewher nor anything to Live on, all which the pursuer endured alse long as she was able expecting that he would grow letter and suffer her to Cohabit with him Conforme to their mariadge ingadgment but all in rain so that the pursuer was neessitate to make application to Thomas Waird esquir dean of Commissioner and one of their majesties Justices of peace for the Countey of Antrum desyreing him earnestly to cause bring before him the pursuers unnaturall husband, To shew his reasone why he would not oun her, and accordingly she procured his warrand which is heirwith produced directed to the Constables of the barrony of Belfast or any one of them for apprehending the said Mathow To answer to what she hade to Lay to his charge But the hearing of this and fearing of Imprisonment Converted all the pursuers goods into money and gold and came over to Scotland and took on a souldier with the dragoons and left the pursuer nothing to Live on, So that she was necessitate to follow him nay a very day not knowing wher to find him from place to place, And severall times in great hazard by sea and land Liveing allwayes upon the Charity of good people till at last she gott nottice he was under the Command of Sir Thomas Livingstone with whom she found him, And desyred him that seing he hade left her and disowned her as his wyfe, That he would give her her oun to Live on, And he should not be more troubled with her But he swor many a bloody oath, That he would see her damned eternally before he would give her ane farthing, And if she would not live him and fash him no more, he should murther her And the more to evidence his barbarity and Creuelty when she was about the seeking after him who was then in Company with some other women he kicked her on the belly with his foot and killed the Child in her womb, Which she Immediatly after parliament with, And seing the said matter was formerly before the saids Lords of privy Councill And the saids Lords haveing remitted the same to Sir Thomas Liveingstoune to enquyre in the Circumstances of the pursuers husband, And to endeavor to agree and setle them, and incaise of deficulty to report, And the said Sir Thomas being unwilling to midle in the said affair, to pursuer Lyes still unredressed of her forsaid grivances, Wherthrow It is evident to the saids Lords how greatly the pursuer is wronged And Therfore the said Mathow Sloan aught and shall not not2 only be ordained to pay to the pursuer such a soume out of which he has taken and from her and is presently in possessione off as may not only be a mean of subsistance to the pursuer in the mean time, But might likewayes Capacitate her to follow furth divorce against him since he has severall whoors and will not Cohabit with her, Unless she should resolve to be murthered by him as many a time has sworn to doe, if the perseuer come near him Bot otherwayes punished in his persone and goods to the terror of others to Committ the like in time comeing And Anent the Charge given to the said defender to have Compeired before the saids Lords at ane certaine day now bygone To have answered to the points of the above Complaint and to have heard and seen himself Decerned to make payment to the said pursuer of such a samne of money as may not only be a mean of subsistance to her in the mean time Bot likways to Capacitate her to follow furth a divorse against him for the Causes abovementioned as the letters and executiones therof more fully heard Which letters being upon the Twentie thrid day of november last called in presence of the saids Lords of privy Councill, And the saids Margrat Urquhart persewar Compeiring personally And ther said Mathow Sloan defender being lawfullie cited and oft times called and not Compeiring The saids Lords granted certificatione against the said defender In respect of his absence and not Compeiring And Ordained letters of Denuncatione to be direct against him, And the saids letters being this day again called in presence of the saids Lords this day again called in presence of the saids Lords of privy Councill and both persewar and defender of Compeiring personally3 at the barr The Councill haveing Considered the lybell and heard both parties in ther presence, They heirby modifie the soume of Two Hundred merks scots of yearly aliement to the said Margrat Urquhart persewar, And Ordaines the same to be Levied and uplifted Ordaines the same to be Levied and uplifted out of the readiest of the said Mathow Sloan her said husband his means and estate at two termes in the year Whitsunday and Mertimiss be equall portiones Commenceing the said aliement frae the portiones Commenceing the said aliement frae the terme of Mertimiss last, and beginning the first termes payment therof at Whitsunday nixt as for the terme preceiding, And so furth yearly and termly in time comeing, The termes of payment therof being allwayes first come and bygone, And the saids Lords doe heirby Discharge any executione to pass heiron either against the defenders person or for affecting his pay horss or armes Bot only allowes Executione heiron against the defenders other means or estate as accords of the Law.

Edinburgh the twentie two day of February Jaj vjc nyntie four years

D1694/2/291

Decreet

Decreet Urquhart Against Slowan her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Margrat Urquhart spouse to Mathew Slowan sometime in Belfast in Ireland Mentioning that quher by the lawes of god and the Law of nature and the lawes and constitutiones of this and all weell governed nationes It is the duties of husbands to love and Cherrish their wives and to provyde for them and their Childrein and mantaine them according to ther qualitie and estate, and not suffer them to brought to misserie, yet true it is that about seven years agoe the pursuer was maried to the said Mathow Sloan who received with her upon the accompt of the mariadge severall Considerable soumes of money besides diverse other things such as merchant goods of a Considerable value Which if the pursuer hade been unmaried would have mantained her honastly as ane gentlwoman all her dayes, yet within a moneth after the mariadge he took such ane hatred and dislike at the pursuer (Loveing the Company of other women better then hers) That he would not suffer her to abyde in the house with him nor allow her ane residence elsewher nor anything to Live on, all which the pursuer endured alse long as she was able expecting that he would grow letter and suffer her to Cohabit with him Conforme to their mariadge ingadgment but all in rain so that the pursuer was neessitate to make application to Thomas Waird esquir dean of Commissioner and one of their majesties Justices of peace for the Countey of Antrum desyreing him earnestly to cause bring before him the pursuers unnaturall husband, To shew his reasone why he would not oun her, and accordingly she procured his warrand which is heirwith produced directed to the Constables of the barrony of Belfast or any one of them for apprehending the said Mathow To answer to what she hade to Lay to his charge But the hearing of this and fearing of Imprisonment Converted all the pursuers goods into money and gold and came over to Scotland and took on a souldier with the dragoons and left the pursuer nothing to Live on, So that she was necessitate to follow him nay a very day not knowing wher to find him from place to place, And severall times in great hazard by sea and land Liveing allwayes upon the Charity of good people till at last she gott nottice he was under the Command of Sir Thomas Livingstone with whom she found him, And desyred him that seing he hade left her and disowned her as his wyfe, That he would give her her oun to Live on, And he should not be more troubled with her But he swor many a bloody oath, That he would see her damned eternally before he would give her ane farthing, And if she would not live him and fash him no more, he should murther her And the more to evidence his barbarity and Creuelty when she was about the seeking after him who was then in Company with some other women he kicked her on the belly with his foot and killed the Child in her womb, Which she Immediatly after parliament with, And seing the said matter was formerly before the saids Lords of privy Councill And the saids Lords haveing remitted the same to Sir Thomas Liveingstoune to enquyre in the Circumstances of the pursuers husband, And to endeavor to agree and setle them, and incaise of deficulty to report, And the said Sir Thomas being unwilling to midle in the said affair, to pursuer Lyes still unredressed of her forsaid grivances, Wherthrow It is evident to the saids Lords how greatly the pursuer is wronged And Therfore the said Mathow Sloan aught and shall not not2 only be ordained to pay to the pursuer such a soume out of which he has taken and from her and is presently in possessione off as may not only be a mean of subsistance to the pursuer in the mean time, But might likewayes Capacitate her to follow furth divorce against him since he has severall whoors and will not Cohabit with her, Unless she should resolve to be murthered by him as many a time has sworn to doe, if the perseuer come near him Bot otherwayes punished in his persone and goods to the terror of others to Committ the like in time comeing And Anent the Charge given to the said defender to have Compeired before the saids Lords at ane certaine day now bygone To have answered to the points of the above Complaint and to have heard and seen himself Decerned to make payment to the said pursuer of such a samne of money as may not only be a mean of subsistance to her in the mean time Bot likways to Capacitate her to follow furth a divorse against him for the Causes abovementioned as the letters and executiones therof more fully heard Which letters being upon the Twentie thrid day of november last called in presence of the saids Lords of privy Councill, And the saids Margrat Urquhart persewar Compeiring personally And ther said Mathow Sloan defender being lawfullie cited and oft times called and not Compeiring The saids Lords granted certificatione against the said defender In respect of his absence and not Compeiring And Ordained letters of Denuncatione to be direct against him, And the saids letters being this day again called in presence of the saids Lords this day again called in presence of the saids Lords of privy Councill and both persewar and defender of Compeiring personally3 at the barr The Councill haveing Considered the lybell and heard both parties in ther presence, They heirby modifie the soume of Two Hundred merks scots of yearly aliement to the said Margrat Urquhart persewar, And Ordaines the same to be Levied and uplifted Ordaines the same to be Levied and uplifted out of the readiest of the said Mathow Sloan her said husband his means and estate at two termes in the year Whitsunday and Mertimiss be equall portiones Commenceing the said aliement frae the portiones Commenceing the said aliement frae the terme of Mertimiss last, and beginning the first termes payment therof at Whitsunday nixt as for the terme preceiding, And so furth yearly and termly in time comeing, The termes of payment therof being allwayes first come and bygone, And the saids Lords doe heirby Discharge any executione to pass heiron either against the defenders person or for affecting his pay horss or armes Bot only allowes Executione heiron against the defenders other means or estate as accords of the Law.

1. NRS, PC2/24, 343v-345r.

2. Sic.

3. Insertion.

1. NRS, PC2/24, 343v-345r.

2. Sic.

3. Insertion.