[1649/5/52]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken into their consideration a supplication given in to the commissioners of the general assembly by Margaret Williamson, spouse to James Wemyss, and recommended by the said commissioners of the general assembly to the estates of parliament, showing that where James Wemyss, her husband, having received with her as heritor a tenement of houses in the town of Cupar, with four acres of land lying beside the said town, yet notwithstanding the said James Wemyss, without any wrong done by her to him, has most unnaturally and unjustly ejected her out of her said house, as a testificate from the kirk session of Cupar produced with the said supplication will testify, and albeit she has most humbly often required him to suffer her to live peaceably at home with him, he does not only refuse to do the same, but, on the contrary, threatens to kill her if she come in his sight, through which she is brought to a very despicable and destitute estate and condition and having the burden of three children procreated between her and him, by reason whereof she did supplicate formerly the committee of estates for her redress, who, after consideration of her petition, did grant a warrant to cite the said James Wemyss to compear before them upon the [...] day of May last, who does in no way regard the said citation, but most obstinately refuses to compear before either kirk or estate for that end. And seeing that her condition is very lamentable and her present estate exceedingly pitiful and her husband being so obstinate in not compearing after lawful citation, therefore humbly beseeching the said commission of the general assembly to take the premises, together with the indigent, despicable and destitute estate and condition of the said supplicant and her three children, to their wisdoms' serious consideration, and to refer her with their recommendation and opinion therein to the honourable estates of parliament for repossessing her in her own land and for uplifting the mails and duties thereof for maintenance of her and her said children and supply of their present wants, and to discharge the said James Wemyss to sell the same, but to suffer her to live peaceably therein, seeing she is infeft in the same, whereby the natural life of her and her three poor children may be sustained, especially seeing she is likely daily to be killed if she does approach towards him, as at more length is contained in the said supplication. Which being remitted by the committee of bills and tried and examined by them, and having found by the testificates above-written that the said James Wemyss does not carry himself as becomes a husband to a married wife, and that he has received the possession of some houses and land by her notwithstanding thereof, lives in another shire and does not bestow anything of his estate upon her for her maintenance, and that through this she is in a hard condition; and likewise find that she is infeft with him in an acre of land and some houses in the town of Cupar for her conjunct fee, in consideration whereof the said estates of parliament have ordained and ordain the said Margaret Williamson to have the duty and mails of the said acre of land and houses wherein she is infeft to be presently intromitted with by her since the term of Whitsunday [13 May] last, and ordain the said Margaret to have the upbringing and maintenance of her younger child procreated between her and the said James, which modification the said estates of parliament declare shall only endure and continue during the time that her said husband does not cohabit with her as married persons ought to do.