Act, 28 December 1693, Edinburgh

Edinburgh Twentie fourth day of January J^aj vj^c nyntie thrie years

D1693/1/32

D1693/1/32¹

Decreet

Certificatione Carmicheall Against Mcnabb.

Anent our Soveraigne Lord and Ladies letters raised before the Lords of their Majesties privy Councill be Mary Carmicheall spouse to Archibald Mcnabb portioner of Monlind Mentioning That quher the pursuar haveing been provyded and secured in ane yearly Joynture of five Chalders victuall by Tyrie of Busbie her first husband out of his lands of Busbie and ane dwalling house within the burgh of Pearth, And haveing therafter maried the said Archibald Mcnab She did behave herself towards him every way as become a dutifull and obedient wife, notwithstanding quherof the said Archibald Mcnabb hath Deserted the pursuar and her familly these severall years bygone and others his Creditors or assneys have these five or six years bypast not only uplifted all the yearly rent and estate belonging to the said Archibald Mcnabb Bot Likewayes all the former Joyntur provyde to her by her first husband without allowing her any part therof for mantaineing of her self and familly By which means the pursuar is reduced to great extreamity and want, and will certainely be explored to begerie or Starving for the futur, And Therfore in all Law and equity the pursuar ought to have ane Competent aliement modified and allowed to her for the mantinance of herself and familly for both bygones and in tyme comeing, And have her oun former Joynture provyded to her by her said first husband allocat and allowed to her by Decreet of the Lords of Privy Councill, And ought to have letters direct at her instance for charging of the said Archibald Mcnabb to hear and see the premisses verified and proven And the samen being so proven to have heard and seen ane Competent aliment Decerned to the pursuar in maner forsaid to be payed into her self yearly And her Discharge Decerned to be ane suficient exonoratione to the tennents and possessors for payment therof And the said Archibald Mcnabb and all others haveing right from him Discharged to trouble and mollest the pursuar in the peacable Joyning possessing and intromitting with the same for the futture And Anent the charge given to the said defender To have Compared before the saids Lords at ane Certaine day bygone To have answered to the points of the above Complaint And to have heard and seen such order and Course taken theranent as appertaines as the forsaid Lybell and executiones therof more fully bears Which Lybell being this day called in presence of the saids Lords of their majesties privy Councill And the pursuar Compeiring be John Tyrie he sone, And the above Archibald Mcnabb being lawfullie called and not Compeiring The saids Lords Grants certificatione against the said defender, And ordaines Letters to be direct to messengers at armes for denunceing the defender their majesties rebell and put him to their majesties horne and escheat and inbring all his moveable goods and geir to ther majesties for his Contemption and Disobedience