[1693/4/59]¹

Legislation

Act in favour of Agnes Campbell

Anent the supplication given in and presented to his grace their majesties' high commissioner and the estates of parliament at the instance of Agnes Campbell, widow of Andrew Anderson, sometime his majesty's printer, and now spouse to Patrick Telfer, merchant in Edinburgh, mentioning that where the said deceased Andrew Anderson, the petitioner's first husband, having obtained a gift to be his majesty's master-printer for the space of forty-one years, and the petitioner's husband having deceased within a few years thereafter, leaving young children unfit for the management of such a work, the trust and care of it lay wholly upon the petitioner, and that, ever since that time the petitioner had managed the work and advanced the same to a great perfection, but being married to Patrick Telfer, in 1681, his affairs had shortly thereafter fallen into great disorder, and that thereupon his creditors had arrested the effects belonging to the said work as falling under his contract of marriage or by right of marriage, and that since that time, the petitioner had been vexed and disquieted by processes wherein, by the justice of the lords of session, she had prevailed and² her husband's creditors were found to have no further interest than to affect the petitioner's tocher as contracted, in respect that she had denuded herself of all right and title she had to the said printing house and whole effects thereof, anterior to the petitioner's marriage, for the use and behoof of herself, and her first husband's just and lawful creditors, and for the payment of a portion of 10,000 merks contracted to the petitioner's second husband, under the conditions mentioned in her contract, and the surplus for the use and behoof of her children. As also, that her said husband, by his contract of marriage, had accepted the portion contracted in satisfaction of all he could claim, and thereby had most amply renounced his rights under marriage and, albeit the petitioner used all possible precautions to secure the printing house or any benefit thereof from her said second husband or his heirs, as well as his creditors, according to the best advice of the kingdom, and that the said creditors were found to be effectually excluded, yet her husband's misfortune had carried along with it a great prejudice to that public work, as well as to her and her children, which could only be remedied by his grace and the honourable estates of parliament, in so far as the petitioner, being clothed with a husband, could neither legally acquire nor effectually oblige herself to those with whom she should deal and transact, nor could she have execution at her instance against them without the concourse of her husband. Likewise, the petitioner's long experience and practice had rendered her management of that work necessary, and that seeing her husband's right under marriage was effectually excluded by his contract of marriage and by a bond apart, obliging him to consent to³ any right that she should make of the said printing house and, by the petitioner's disposition thereof to the effect above-specified, all anterior to the petitioner's marriage, and that these deeds were found to be a legal exclusion of his creditors, so that neither the petitioner's husband or his creditors could in any way be prejudged by an act enabling the petitioner in her present circumstances to acquire and contract in her own name, and pursue and defend, as if she were alone and unmarried, and that the enabling the petitioner to manage that printing house more effectually was of public concern. Therefore, she humbly besought his grace and the honourable estates of parliament to pass an act enabling her to acquire and contract in her own name, to grant bonds, which might be the foundation of diligence against the petitioner's person and estate, and discharges and all other writs, as also to exact bonds or other obligations or rights, and further to declare that all diligence may be competent both against the petitioner, and at her instance, without the concourse or consent of her husband, or the giving him or his creditors the least interest in the petitioner's means or estate, which she had or might acquire, but excluding them absolutely therefrom, in the same way and manner as if the petitioner had never been married to her said husband, or he were naturally dead, without prejudice always to the petitioner's husband or his creditors to suit implementation of the petitioner's contract of marriage, in so far as the petitioner shall not be able to instruct the same already fulfilled, as appropriate, as the said supplication and desire thereof more fully bears. Which supplication, being upon 11 May instant read in the presence of his grace their majesties' high commissioner and the estates of parliament, and they having heard and considered the same, they gave warrant to macers for citing the said Patrick Telfer personally or at his dwelling place, and the creditors by public intimation at the market cross of Edinburgh, pier and shore of Leith, to compear before the parliament and to answer thereto against Tuesday the sixteenth day of the said month, with notice that, in case of non-compearance, they would proceed to do therein according to justice and anent the charge given to the said Patrick Telfer and his said creditors in manner above-specified to have compeared accordingly. The said supplication, being again upon the day and date hereof read in presence of their majesty's high commissioner and the said estates, and they having at length heard, seen and considered the same with the executions thereof and contract of marriage, renunciation and other writs produced, and being therewith well and ripely advised, their majesties' high commissioner and the estates of parliament ordained and hereby ordain this present act to be expedited, enabling the said Agnes Campbell to acquire and contract in her own name, to grant bonds, which may be the foundation of diligence against her person and estate, and discharges and all other writs, as also to exact bonds and other obligations or rights, without the concourse, consent or advice of her said husband. Likewise, their majesties' high commissioner and the said estates have enabled and hereby enable the said Agnes Campbell, to the effect foresaid, and further, have declared and hereby declare that all diligence may be competent, both against the said Agnes Campbell and at her instance without any concourse or consent of her said husband, or the giving him or his creditors any interest in the means or estate which she has or may acquire, and have excluded and hereby exclude them absolutely therefrom in the same way and manner as if she had never been married to her said husband, or that he were naturally dead, without prejudice always to her said husband, or his creditors to suit execution for implementation of her contract of marriage, in so far only as she shall not be able to instruct the same, already fulfilled according to the law.⁴