Act, 29 December 1692, Edinburgh

Edinburgh the Fourtein day of September J^aj vj^c nyntie two years

D1692/9/5

D1692/9/5¹

Letter: royal

Letters of Denunciation Gilchrist Against Gilchrist

William and Mary be the grace of god King and Queen of Great brittane France and Ireland defenders of the faith to our Lovits […] maccers of our privy Councill messengers at armes our Shirreffs in that part Conjunctllie and severally speciallie Constitute Greetting Forasmuchas Anent our other letters raised at the instance of our Lovits Jannet Gillchrist Spouse to William Gillchrist writter in Edinburgh for her self and in name and behalf of James Margrat and Mary Gilchrists Childrein Lawfullie procreat betwixt them Makand Mention That quher albeit be the law of god and nature, By the law and constitude of this realme and of all other weell governed nationes and societies whatsomever as mariadge was appointed for the muttuall Comfort of man and wife, And that as the wife is oblidged to obey her husband In things lawfull So the husband Is oblidged not only to reseid and Co-habit with his wife, Bot Lykewayes to provyde and intertaine her, their Children and familly to his qualitie and means They being Declared by the Scriptur worse then ane infidele who provydeth not for their wyfe and familly, Yet True It is that the said William Gilchrist her husband to whom she hade been lawfullie married now these nyne years and to whom she hade borne six Childrein thrie of which are yet allyve, Has so farr contemned the divine Institution of marriadge and the duties that Lyes upon him as ane husband by his sacred matramoniall oath and by the law of god nature and this realme That without any Just reasone of offence or provocatione he hath withdrawen himself from his said lawfull wyfe and from his oun familly and Childreen this long tyme bypast, And albeit James Gilchrist her father Did heritably dispone to him his airs and successors houses and lands within the toune of Edinburgh to the value of Eight Thousand merks and upwards of property in name of Tocher good, So that the said Tocher with his oun fortune within the said burgh and suburbs therof Is worth ane Thousand two hundreth Twentie six punds six shilling Eight penies scots money of yearly payable rent, As would appear by ane true rentall therwith produced, And since the tyme of his withdrawing of himself from his said wyfe and familly he has bestowed litle or nothing Upon her or them for their mantinance And now he haveing become of late So obstinat that he allowes his said lawfull wyfe and the said thrie orphants the eldest of which being but about four years of age nothing at all to live upon, And unles they hade been Supplied by the Charity of her freinds they hade undoubtedly aither sterved or begged before this tyme, And being redacted to the highest of misery and point of Starving getting notice quher her husband was She went to him in a peacable and Calme maner and represented to him the sadd conditione they ware in Thinking to perswade him to returne to his oun familly And to provyde for them Conforme to his bound dutie at which he raise up in ane passione and run away as will appear by ane instrument under the hand of Mr Robert Swintoune nottar publict dated the fiftein day of Jully last Since which tyme the said Jannet Gilchrist never Saw him, Save one evening that he came runing into the house wher she did reseid and did most Cruelly barbarously and unhumanly beatt her with ane staff The blew Marks of which is evident upon severall places of her bodie, and protested and vowed he would be her death, Swae that now all hope of reclameing him by law and kyndnes being past, The said Jannet Gilchrist and their thrie poor Orphants in human probabillity can expect nothing but the highest of Misserie penurie and want Unles the Lords of our Privy Councill take their Deplorable conditione to their Consideratione and after tryall taken up the value of his yearly rent Which he has these Severall years bygone mispended with the basest of Company allow them such ane proportion quherof as the saids Lords shall think fitt to Imployed for their maintinance And Anent the charg given to the said defender to have Compeired this day before the Lords of our privy Councill To have answered to the ground of the above Complaint And to have heard and seen such ane proportional part of his rent modified for the intertainement of the saids pursuars and Nurse and servants as our saids Lords should think fitt Under the paine of rebellion and puting of him to our horne with Certificatione to him if he faillied to Compeir this day thir our letters should have been direct to put him our horne As the saids letters executiones and indorsationes therof at leanth proports Whilk being Called and the said pursuar Compeirand personally with Sir David Thores her advocat And the said William Gilchrist defender being oft tymes called and not Compeiring. The Lords of our privy Councill have Ordained thir our letters to be direct in maner underwritten Our Will is Heirfore, and wee charge yow Strictly and Command That incontinent thir our letters seen yee pass to the marcat Crosses of etc and other places needfull and therat in our name and authoritie Duely Lawfullie and orderly Denunce the said William Gilchrist our rebell and put him to our horne and Escheat and inbring all his moveable goods and geir to our use for this Contemptione According to Justice as yee will answer to us therupon, The quhilk to doe Wee Committ to yow Conjunctllie and severallie etc Given under our Signet etc. per actum Dorij secret: Consillij